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By Sammy Martin, Reporter
IN the beginning of this, the 14th Congress,
congressmen filed several bills to upgrade the ancient Maritime Code
of the Philippines. Sadly, after they were filed and referred to the
corresponding committee, hearings have not been held.
So the New Maritime Code that would reform and
streamline the industry and the government’s role in it have
remained a dream.
These bills, whose becoming law might be the key
to the end of sea disasters like those that have befallen Sulpicio
Lines ships and stop the loss of sea travelers’ lives, are
immobile in the Committee on Transportation as if they were the
drowned victims in MV Princess of the Stars and the other ill-fated
Sulpicio ships that have sunk: the MV Doña Paz, MV Doña Marilyn
and MV Princess of the Orient.
House Bill 76, authored by Rep. Rozzano Rufino
Biazon of Muntinlupa City was filed July 2, 2007, was read and
referred to the transportation committee on July 24, 2007, a day
after the 14th Congress opened. This committee has not called a
single hearing.
Biazon’s reason for filing the bills is to
reform the rotten laws dealing with registration of ships, maritime
liens and ship mortgages, maritime fraud, accidents at sea and ship
owners’ liability.
His bill contains a separate common carrier
provision to apply specifically to vessels transporting passengers
and goods. It likewise updates the marine insurance provisions found
in the Insurance Code of 1978 and creates alternative methods of
dispute settlement in the form of arbitration.
Biazon writes in his explanatory note that
“Maritime Law in other countries has become one of the most
dynamic, complex and rapidly changing areas of law as both the
courts and the legislature have sought to fashion new laws to meet
social, economic and human needs resulting from the ever expanding
maritime industry.”
But in our country, Biazon points out, the
development and growth of admiralty and maritime law are almost
static if not eroded so that the industry’s future at this moment
is difficult to predict.
He said, “There is a need for all
stakeholders, particularly admiralty lawyers, ship owners and those
who are involved in the shipping industry to help reform and update
the country’s shipping laws.”
The measure, Biazon continues, positions the
Philippine maritime industry to benefit from the advances in the
means of communication and transportation, the greater interaction
among people, especially in business, where there are now complex
domestic and international transactions.
There are two identical bills, both aiming to
create the Department of Maritime Affairs which is tasked to
formulate and implement the government’s policies, plans and
programs for the promotion of maritime safety and the development of
ports, shipping, shipbuilding, seafaring and other activities in the
maritime industry. These were filed by Representatives Roque Ablan
Jr. of Ilocos Norte and Jose Solis of Sorsogon.
House Bill 841 of Ablan was filed on July 9,
2007, was read on the floor on July 31, 2007 and was referred to the
House Committee on Government Reorganization as lead committee,
which has not set a date for any hearing on the Ablan bill.
Solis’ House Bill 979 which was filed on July
10, 2007, read on the plenary on August 1, 2007 and referred to the
House Committee on Government Reorganization with secondary referral
to the House Committee on Foreign Affairs and Committee on
Transportation, is still pending with the committees since August
22, 2007.
Thoroughly checking on the bills, the index and
with the transport committee secretariat, The Manila Times found out
that four more bills about the maritime industry have been filed.
They are House Bills 2612 and 2715, both titled
“An Act Regulating Shipping Vessels Coasting Philippine Waters for
the Protection of Shores” and House Bill 4167, “An Act Allowing
Foreign Vessels to engage in Coastwise Trade in the Country” all
filed by Rep. Rufus Rodriguez of Cagayan de Oro City.
The last measure filed is a local bill, House
Bill 4357—”An Act Establishing the Mati Wharf in Mati City as
Shipping Hub for Davao Region”—by Rep. Thelma Almario of Davao
Oriental.
House Bill 2612 was filed September 19, 2007,
was read also on that date, and then referred to the House Committee
on Ecology and Natural Resources. It has not had a hearing so far.
Rodriguez re-filed his bill, now under the
identifier House Bill 2715, on October 3, 2007, with some small
amendments. It was referred to the House Committee on Ecology the
following day. The bill has been pending in the committee since
April 29, 2008.
His HB 4167 was filed May 21, 2008 and referred
the same day to the House Committee on Trade and Industry and the
Committee on Transportation as secondary committee, as well as to
the Ways and Means committee. It has been labeled as pending since
May 28, 2008 in the mother committee.
The lone local bill among the seven bills on
maritime industry, Rep. Thelma Almario’s HB 4357 which was filed
June 11, 2008, two days before Congress adjourned sine die on June
13, is still pending for first reading.
The big question is why the bills on the
maritime industry are moving at a very slow pace and are almost
static.
Is it because some members of the House of
Representatives are owners of shipping lines and the measure might
affect their business?
This is the 64-million-dollar question that
needs to be addressed soonest.
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