A group of shipowners has filed a petition that questions the constitutionality of a government agency’s decision to allow landing craft tanks (LCTs) to be used as passenger vessels.

In a petition for certiorari it filed before a Manila regional trial court, the Philippine Inter-Island Shipping Association, Inc. (PISA) is also seeking for the issuance of a Temporary Restraining Order (TRO) and a Writ of Preliminary Injunction in relation to Maritime Industry Authority (Marina) Advisory 2023-18 regarding the clarificatory guidelines on LCT cargo vessels allowed to carry non-paying passengers and other persons onboard ships in the domestic trade.

The petition for issuance of the TRO and the Writ of Preliminary Injunction also covers the two succeeding Marina advisories, 2023-28 and 2025-01 that suspended the implementation of the first advisory relating to LCT cargo vessels—as well as “all related circulars that permit the carriage of passengers by LCT-type vessels.”

In a statement, PISA said there may be grave abuse of discretion when Marina issued the three advisories, arguing that the agency bypassed procedural safeguards and compromised maritime safety.

It added that such policies “violate the constitutional rights of its members and the riding public to due process and equal protection of the law.”

While two latest Marina advisories already suspended the implementation of the advisory relating to the operation of LCT vessels, PISA said the continued operation of LCT vessels in transporting passengers has not ceased.

This, according to the group, raised the issue of public safety and prejudiced legitimate shipping operators that comply with strict certification standards.

In its 143-page petition, the group asked the court to declare all Marina advisories in relation to LCTs as null and void and to nullify all certificate of conveyances issued to LCT cargo vessels.

It also asked the RTC to prohibit the acquisition and suspend the operation of the LCT cargo vessels.

“There is no plain, speedy, and adequate remedy available under existing MARINA rules for addressing these issuances, which were not made in the exercise of quasi-judicial functions. Thus, recourse to the courts is necessary,” the petition stated while stressing that Regional Trial Courts have the jurisdiction to review executive issuances for constitutional compliance and to correct acts of grave abuse of discretion by any government agency.

Marina has yet to issue a statement regarding the case.