Aside from Nenaco, the victims here include some 20,000 passengers who were left stranded last weekend because some government agency seemed to have been influenced in desisting from issuing clearances to allow the shipping firms vessels from setting sail.
Considering that there was no issue about seaworthiness or safety, one wonders why Marina held back the issuance of clearances on a weekend to the detriment of thousands of travelers.
Prior to the incident, text messages had been circulating about Nenacos alleged manipulation of books to supposedly show profit when there was none. This apparently was what "pressured" the Maritime Industry Authoritys to not allow Nenacos vessels to pull out of harbor.
While Nenaco is not exactly spotless, having been weighted down by a debt burden exacerbated by the 1998 Asian crisis plus a host of difficulties caused by a confluence of market and regulatory concerns, the proper forum that decides on its financial (mis)conduct is definitely not the Marina.
Nenaco said it was forced to seek relief from the court so it could restructure P2.4 billion in debt payments within 10 years while allowing it to finance P2.9 billion in capital and dry-docking expenditures over the same period.
The inter-island shipping firm said its rehabilitation plan should generate sufficient cash flow to finance necessary dry-docking expenses and capital expenditures that would ensure all vessels are in good working condition.
At the same time, the rehabilitation would also allow the company to comply with international safety standards as well as settle its financial obligations "in a fair and just manner in a shortest possible time."
The same court appointed Sulficio Tagud Jr., the whistle-blower in the overpricing of the Diosdado Macapagal Boulevard, as receiver to facilitate an orderly payment of Nenacos dues.
Nenaco, it seems, had failed to settle more than P80 million in principal obligations to the Japanese shipbuilder. Including interests, says Tsuneishi, Nenaco owes the shipbuilding and repair company more than P120 million as of April.
Interestingly, the Cebu court also placed on similar arrest five other Nenaco vessels the M/V San Sebastian, M/S Princess of Negros, M/V Nuestra Senora de Fatima, M/V Sta. Ana, and M/V San Paolo.
Nenaco quickly points out that just one vessel would have been more than enough to account for its outstanding obligation with Tsuneishi. So why should the Japanese firm want to seize six vessels when one was more than enough?
With a host of creditors most of who had far bigger exposures at risk with the shipping firms debt problem, why was Tsuneishi also the only one fiercely pressing for collection, and even carrying the whole exercise to the extent of permanently impairing the company from doing business?
Yes, Aboitiz is also the very same shipping firm whose passenger vessel, SuperFerry 14, caught fire near Corregidor last February. The accident, as with similar incidents, expectedly affected passenger traffic of Aboitiz ships that also plies the very same routes of Nenaco.
Weeks after the SuperFerry accident, Tsuneishi started pressing Nenaco to settle its obligations. The Japanese firm, however, claims that it has been going after Nenaco to pay its debts since 2002. Tsuneishi says that Nenaco defaulted on payments in November 2002 so that in January 2003, it was forced to file a case.
Tsuneishi also raised the issue of Nenacos P103-million net income in 2002, coming at the heels of a whopping P1.8-billion consolidated net loss during the previous year. Tsuneishi claims that the Securities and Exchange Commission is investigating Nenacos financial reports. Nenaco has denied this.
But surely a case that may have to be resolved by SEC does not justify the wanton and irresponsible actions of Marina to ban Nenaco vessels and cause so many passengers to be stranded on a weekend.
Is this merely a case of unpaid obligations that has to be settled? Or, is the conflict more complex and involves easing out of competitors to gain the monopolistic edge on highly profitable shipping routes? Whatever it is, please do not impair the hapless riding public who only want to reach their destinations safely.
On May 10, will voters be ready to push the old "politicos" into oblivion and stake their future with the new breed? Are the young ones really the new leaders that will push the country forward? Or are they also of the same mold as the elected officials we had for the past several decades, scheming and working for their own self-interest once in position? What prompted these young candidates to join the game of politics? Watch it.
Should you wish to share any insights, write me at Link Edge, 4th Floor, 156 Valero Street, Salcedo Village, 1227 Makati City. Or e-mail me at reygamboa@linkedge.biz. If you wish to view the previous columns, you may visit my website at http://bizlinks.linkedge.biz.