The Iloilo City Regional Trial Court (RTC) Branch 33 has ordered the Philippine Coast Guard (PCG) to stop the implementation of one of the conditions stipulated in the Aug. 13 memorandum issued by the Maritime Industry Authority (MARINA).

The memorandum allowed pumpboats plying the Iloilo-Guimaras route to resume their operations, subject to several conditions.

One of the conditions set by MARINA is the rollup or removal of “trapal” or canvas awning.

The condition drew the ire passengers, mostly residents of Guimaras.

Lawyer Vicente De Asis, a resident of the island province, filed a petition for declaratory relief, mandatory injunction and prohibitory injunction with prayer for temporary restraining order against the condition.

Presiding Judge Ma. Therese N. Enriquez-Gaspar, in am order dated Nov. 4, 2019 denied the urgent motion for inhibition filed by MARINA and PCG for lack for merit.

The Court finds, on the basis of the arguments raised by the parties and the evidence for the plaintiffs, that the only condition that is deemed prejudicial at this point is that which requires the tarpaulin/canvass to be rolled up.

It further ruled that the plaintiffs have “sufficiently shown that allowing the motor bancas to operate without the tarpaulin/canvass is prejudicial to the health of the passengers. The trip from Iloilo to Guimaras and vice versa takes 15 minutes to navigate in open sea. Without the canvass to cover the motor bancas, the passengers are exposed to extreme heat and strong rain.”

“It is not highly improbable that when the motor bancas leaves the port the weather is fine and sunny but that in the middle of the trip rain may suddenly pour. It does not require much to understand that exposing the passengers to this kind of condition will definitely imperil their health and consequently cause undue financial burden on them if and when they are compelled to seek medical treatment as a result thereof,” the order read.

On the other hand, for denying the motion for inhibition, the Court said the charge of partiality has no factual support and mere suspicion is not enough.

Last Oct. 25, 2019, the Office of the Solicitor General (OSG) filed an Urgent Motion for Inhibition alleging that the Court has shown manifest bias and partiality against the defendants as shown in its reasons when it granted the plaintiffs’ motion for reconsideration. 

In granting the motion for reconsideration, the Court believes that the implementation of the questioned memorandum is causing and continues to cause irreparable injury in the plaintiffs and the passengers plying the Iloilo-Guimaras Strait, day in and day out.

“The mere fact that the order of dismissal was reconsidered is not sufficient basis for this Court to inhibit itself from the case. The Presiding Judge is not even a resident of Guimaras nor is she a regular commuter of Iloilo-Guimaras. She has no absolutely personal interest in the issues at hand,” the order read.

“This Court can rightfully claim without a tinge of doubt and without fear or favour, that its order is based on a rational and logical assessment of the circumferential prevailing in the case at bar,” 

Last month, MARINA allowed pumpboats to use trapal again.

But pumpboat operators are required to comply with specifications prescribed by the country’s maritime regulator.

The cover should be 1.8 meter in height; the length and width of the boat should be 50 percent and 80 percent, respectively; and the angle of deflection must not be more than 15 degrees from the horizontal line.

MARINA suspended the operations of pumpboats after the Aug. 3 sea tragedy that killed 31 passengers.IMT