Maritime law expert: Do annual ISM audit

CEBU, Philippines — The series of maritime incidents in just a span of one year is indicative of the incompetence of the local ship crew and their low regard or non-observance of the tenets of the International Safety Management (ISM) Code, said a maritime lawyer in Cebu.

Lawyer Benjamin Cabrido Jr., transportation and maritime law professor at the University of San Jose Recoletos, said ISM Audits should be done annually or even in surprise.

“Ship certificates kompleto ang mga barko. Ang question how these certificates were procured,” Cabrido asked.

Cabrido has also been a lecturer more than a decade ago on ISM and International Regulations for Preventing Collisions at Sea 1972 (COLREGs) and conduct internal audits of ships of client shipping companies.

Cabrido said that before the passage of Republic Act No. 9295, also known as Domestic Shipping Development Act of 2004, the Maritime Industry Authority (MARINA) auditors diligently conduct audit of ships on ISM under their Domestic Shipping Office.

“But lately I haven't heard of a serious and strict ISM audit made by MARINA,” Cabrido said.

ISM Code provides for the international standard for the safe operations and management of ships at sea.

The Port State Control Inspection of ships is conducted by the Philippine Coast Guard which Cabrido said the submission of an Oath of Safe Departure will suffice.

“The problem really is the lack of understanding about ISM of our local crew here. You can count by the handful ships that conduct regular drills of different marine casualty scenarios,” he said.

Lite Ferry 28 caught fire near Taloot, Argao, Cebu port on September 2, 2018. Shortly before one year, Lite Ferry 16 also caught fire off Pulauan port, Dapitan, Zamboanga del Norte on August 28, 2019.

Last Sunday, MV Mika Mari 8 capsized while unloading rolling cargoes in Consuelo port, San Francisco, Camotes Island.

“Admiralty law is close to my heart. When sea mishaps strike, I can't help but question the current state of our shipping sector,” Cabrido said.

PCG-7 Commander Commodore Ronnie Gil Gavan initiated a Maritime Forum together with the MARINA-7, Department of Tourism 7, Cebu Port Authority, maritime stakeholders to include shipping companies and motorbanca operators within the provinces of Cebu and Bohol.

A total of 216 delegates from the abovementioned agencies participated in the forum.

Through PCG-7's iCARE Campaign Plan, an Intensified Community Awareness and Enforcement must be implemented to address the issues and concerns pertinent to Safety and Security standards set forth by the authorities.

Issues and concerns were being discussed in three areas such as regulation, enforcement and port facilities.

On the regulation, it includes difficulty in the processing or releasing of MARINA Safety Certificates; colorum or unregistered motorbancas; clarification in the implementation of MARINA-7 Advisory 08-04-2019; and skid coasting of Ship's Deck

On the enforcement, it includes proper accounting of declared passengers in the manifest; proper entry of passengers name in the manifest; embarkation and disembarkation of passengers and rolling cargoes; and proper implementation of cargo stowage manual.

On the port facility, it includes proper security screening in entrance of every port; designated embarkation area; absence of navigational lights in the entry and exit of ports; and no proper designation of anchorage area. (FREEMAN)