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Inutile enforcement at sea

First Posted 10:35:00 06/29/2009

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The tragedy that befell fishingboat MB Junjun 2 which capsized last June 23 reflects how weak authorities are in implementing maritime laws.

Several laws were violated by the fishing boat but it appears now that the banca owner and operator will go scot free.

For one, MB Junjun 2 should not have ferried passengers because it is a fishing boat. Its registration papers were also expired.

The operator placed his passengers at risk when he defied the Coast Guard order banning vessels from sailing after storm signal number 2 was hoisted over the provinces of Cebu and Bohol.

The boat left Tubigon town in Bohol on Tuesday afternoon with four crew members and 10 passengers on board and ran into the path of typhoon Feria. Strong winds and waves as big as a house hit the small vessel, causing it to capsize in the Hilutungan Channel in Cordova town, Cebu.

After hanging on to the capsized vessel for about 15 hours, the passengers and crew were rescued by a fisherman who happened to pass by. Three other crew members managed to swim to shore and seek help.

It was fortunate that no lives were lost. Still it was a reckless sea voyage.

Incidentally, the mishap happened two days after the first anniversary of MV Princess of Stars, which sank in the waters off Romblon on June 21, 2008 when the passenger ship sailed into the path of typhoon Frank. About 800 lives were lost in the worst sea tragedy in recent years, but our authorities have not learned their lesson.

Several sea mishaps have happened since then. After the standard response that an investigation would be conducted, both the Maritime Industry Authority (Marina) and Coast Guard become complacent until the next tragedy comes along.

Then MB Junjun 2 capsized.

The Coast Guard submitted its recommendation and Marina vowed to look into the possibility of suspending the fishing boat?s registration papers. It was only then they discovered that the boat had expired registration papers.

Marina said it would now be up to the municipal government of Tubigon, where the vessel is registered, to penalize the vessel?s owner because the registration and licensing of boats of three gross tonnage or below is handled by the local government.

Marina and Coast Guard cannot just pass the buck to local government units because the fishing boat also violated the order not to sail amidst storm conditions.

If the operator of MB Junjun 2 doesn?t get even a slap on the wrist, what would stop other fishing boats from defying a similar order and in the end, place the lives of other passengers at risk?

Authorities have to demonstrate the power and the will to penalize those who violate a directive especially when public safety is at stake.

They cannot just do a Pontius Pilate.


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