A group of local shipping operators has asked the Supreme Court to issue a temporary restraining order (TRO) on the implementation of at least three advisories of the Maritime Industry Authority (Marina), which it said, allowed the operation of Landing Craft Tank (LCT) Roll-on; Roll-off vessels in the country.

In a 41-page petition, the Philippine Inter-island Shipping Association, Inc. (PISA), argued that Marina Advisories 2023-18, 2023- 28 and 2025-01 are in effect allowing LCT-type barges to operate even without the appropriate safety equipment and personnel.

This, according to PISA, is what makes the advisories illegal since the lack of safety equipment and safety officers on board is a clear violation of the provisions of the requirement for authority to operate of the LCT-type barges since it endangers the lives of their passengers

“The inherent incapacity of the capabilities and equipment of these LCTs to be able to ensure the safety of the passengers, coupled with the MARINA Advisory No. 2023-18, which was affirmed by MARINA Advisory No. 2025-01, that legalized the passenger transport of these LCT barges, continues to endanger the lives and the safety of the passengers,” the petition read.

The group said the safety of the passengers is non-negotiable requirement in any mode of transportation being used for mass transport and the lack of safety measures are rendering passengers defenseless and unaware of the dangers and risks in availing these LCTs.

In the petition, PISA said some of the LCT-type barges are travelling without the basic life-saving and safety equipment for the passengers.

“These dangers and risks were aggravated by MARINA Advisory No. 2023-18 - affirmed by MARINA Advisory No. 2025, which violates the constitutional rights of these passengers on the right to life and the right to safely travel,” the petition argued.

In the petition, the group also cited provisions of the Republic Act 9295 or the Domestic Development Act of 2004 which emphasized the need to adhere to safety standards, as well as the creation of a healthy and competitive shipping industry.

“Public interest or public convenience shall be the cardinal or primordial consideration in the grant of CPC/PA (Certificate of Public Conveyance/Provisional Authority), above any and all considerations. While it is the duty of the government, as far as possible, to protect public utility operators against unfair and unjust competition, it is nevertheless obvious that public convenience must have the first consideration,” the petition read.

Based on the existing regulatory regime, PISA said a CPC is issued only to Marina-accredited companies, depending on the type of vessel and the service proposed to be offered-whether as a passenger vessel, cargo vessel, or a passenger-cargo vessel.

It said each vessel type and service category is subject to a specific set of safety and security requirements prescribed by Marina.

“In terms of safety standards, MÄRINA imposes more stringent requirements for passenger vessels compared to cargo vessels, given the paramount importance of ensuring passenger safety,” the petition read.

PISA claimed that the Marina advisories only legalized and tolerated the illegal and unsafe practice carried out by the LCT-type ROROs since they provided a semblance of legality for classifying passengers into "authorized" or "unauthorized".

“Thus, it would be obvious that the passengers on board the bus—whether they will disembark the bus while in transit or not—are aboard the LCT-type RORO, which clearly endangers their lives, and are unaware of the repercussions while at sea transport,” it read.

The continuous operation of LCT-type barges, according to PISA, does not only compromise passenger safety but also affects the spirit of fair play in the shipping industry.

Earlier, the group argued that while local shipping operators are spending more money to comply with the safety standards that include equipment and hiring and training of safety personnel, the operators of LCT-type barges are not subjected to the same strict requirement.

This, according to PISA, is what makes the business unfair, and this is what it is trying to fight for, starting with the Supreme Court intervention against the three Marina advisories.

“Due to urgency and the lives at stake, it is but proper for the Supreme Court to liberally apply the Rules of Court and to immediately acquire jurisdiction over this Petition to prevent any potential damage and/or irreparable injury that may arise towards the passengers carried by the LCT barges where the passengers are not aware that their rights arc not protected nor any safety measures are available for them in cases of hazards and/or emergency,” the PISA petition read.