The entire fleet of Trans-Asia Shipping Lines Inc. will remain on the docks pending inspection and completion of additional safety requirements, the Maritime Industry Authority (Marina) said yesterday.
Julian Sy Jr., Trans-Asia board chairman, said the company would lose at least P20 million daily with the suspension of its ships—eight remaining passenger vessels and one cargo vessel.
Marina administrator Emerson Lorenzo ordered the suspension in the wake of Sunday’s sinking of the MV Asia Malaysia, off Calabaza Island in Iloilo province.
Trans-Asia management said it will comply with the order even if it means millions of pesos in losses.
“We are saddened that this happened. The suspension order will also affect our crews. We are feeding about 400 families. They could check every vessel without suspending the entire fleet,” Sy told reporters.
The hearing of the show-cause order is set on Aug. 5 at the Marina office in Cebu City.
The inspection will be done in Cebu City’s port area. Vessels still at sea are allowed to return to Cebu.
The Seafarer’s Identification and Record Book (SIRB) and the Qualification Document Certification (QDC) of the officers and crew of the MV Asia Malaysia were also suspended.
Trans-Asia management was ordered to submit their written explanation within 72 hours or face revocation of its Certificate of Public Convenience (CPC).
Trans-Asia management described the order as “improper and irregular,” but said it will comply.
They said they will also give P4,000 financial aid to each of more than 100 survivors and reimburse lost or damaged cargoes covered in the bill of lading.
In his order, Lorenzo said Trans-Asia can resume operations after it complies with the additional International Safety Management Code audit and reinspection.
The inspection will be done by the Marina regional office in Central Visayas, in coordination with the Philippine Coast Guard.
Trans-Asia’s passenger vessels and one cargo vessel makes daily trips to Iloilo, Cagayan de Oro, Ozamis and Masbate.
Aside from MV Asia Malaysia, Trans-Asia’s vessels are MV Asia Indonesia, MV Asia Japan, MV Asia Philippines, MV Asia China, MV Trans-Asia, MV Trans-Asia 2, MV Trans-Asia 3, MV Trans-Asia 5 and the cargo vessel MV Asia Pacific.
Trans-Asia lawyer Dexter Vianan questioned the order, saying it was issued without a hearing and audit of the ship.
“They gave the penalty without even hearing us,” Vianan said.
He said the company has complete documents.
“We are confident they would not find any irregularities,” Vianan said. Sy said all employees would still get their salaries.
Sy dismissed allegations that unsecured cargoes caused the MV Asia Malaysia to tilt to its right side, resulting in its sinking.
He said they have followed procedures in securing cargoes since 25 years ago and the Coast Guard cleared the vessel to sail.
As of Tuesday afternoon, Trans-Asia lawyer Dexter Viñan said two of their nine vessels were already undergoing reinspection at Pier 5.
The rest, Viñan said, were still on other points of destination and will return to the port of Cebu for reinspection.
The MV Trans-Asia 3 was supposed to sail last night for Cagayan de Oro, but due to the Marina order, they immediately informed the suppliers to transfer their goods to other vessels. Passengers were given refunds, Viñan said.
Viñan said under the Domestic Shipping Development Act of 2004 RA 9295, the suspension order must be done after a hearing or investigation.
He said in their case, the company was penalized before the hearing.
Marina required the shipping management to submit passengers and cargo manifests, pertinent ship documents and the measures undertaken by the management in assisting the passengers.
The seafarer’s association in the Visayas protested the Marina suspension order on Tran-Asia.
“It did not go through a due process. There was no hearing, they just directly ordered for the suspension,” Chester Cokaliong, director of the Visayan Association of Ferry Boat and Coastwise Shipowners Operators (VAFCSO) said.
Cokaliong said Marina violated Sections 10 and 18 of Republic Act 9295, which prescribes that suspension of a shipping company would only be implemented “upon notice and hearing.”
Cokaliong also said the suspension order was already issued by the Marina without checking the audit to assess if the sea vessels were really seaworthy or not.
“Upon the inspection after the audit, if there’s violation, that’s the time that they would issue the order,” Cokaliong said.
He said they will seek a dialogue with Transportation and Communications Secretary Mar Roxas and ask him to lift the order.
“It could also happen to anyone of us. The Marina’s action is very drastic and would paralyze the shipping company,” Cokaliong said. With an Inquirer report