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Coast Guard barred from automatic suspension of boat trips in Guimaras

By Nestor P. Burgos Jr.
Inquirer Visayas
First Posted 20:20:00 10/30/2009

Filed Under: Waterway & Maritime Transport, Weather

ILOILO CITY, Philippines?The Guimaras Regional Trial Court has barred the Coast Guard from automatically suspending operations of small ferryboats plying to and from the island-province during storm signal No. 1.

In a four-page order dated Oct. 1, the Guimaras RTC issued a preliminary injunction barring the Coast Guard station in Iloilo from implementing a circular that automatically stops sea vessels weighing 1,000 gross tons and below from sailing if typhoon signal No. 1 is in effect in the area.

In his order, Judge Merlin Deloria directed the Coast Guard Iloilo station commander to exercise ?sound discretion? in determining whether to suspend ferryboat trips.

The court gave credence to the petition filed on July 6, 2009 by Guimaras province, represented by Gov. Felipe Nava, and the provincial chapter of the Integrated Bar of the Philippines, represented by lawyer John Edward Gando, which sought to stop the Coast Guard from automatically suspending boat trips.

The petition was filed after thousands of passengers were stranded at the port of Iloilo and Guimaras when the Coast Guard suspended the trips of ferryboats after Western Visayas came under storm signal No. 1 recently.

Ferryboats are the only means of public transportation to and from the island that has at least 54,000 residents.

The petitioners called the Coast Guard policy ?unreasonable and unnecessary? in the case of Guimaras.

They said it hurt the province?s tourism industry, businesses and the travel schedule of residents and employees in the area.

They said the Coast Guard policy should not apply to ferryboats plying Guimaras and Iloilo because the distance between the two provinces is just 2 kilometers.

They said safety at sea ?varies depending on the distance and travel time from the point of origin to point of destination.?

The court said the Coast Guard policy was enforced on days when the weather was fair.

It said storm alerts were not always an accurate basis to suspend or allow sea travel because, in some instances, seas are rough and winds are strong even if no storm signal has been raised.

?There is a need for the station commander of the Philippine Coast Guard, Iloilo City station to exercise his wise judgment in (these) situations,? the court said.



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