Shipping Operator Sues LGU Aklan Over Jetty Port

By Boy Ryan Zabal

A shipping operator plying the Caticlan-Roxas Mindoro route wants the provincial ordinance imposing berthing fees for those vessels docking at Caticlan Jetty Port be declared ‘unconstitutional, contrary to law and void."
Montenegro Shipping Lines filed the Civil Case No. 7930 for action to declare the Provincial Ordinance No. 02-004 and Section 5 Article VI of the Caticlan Jetty Port Administrative Code void with Prayer for Injunction and Temporary Restraining Order.
"A great and irreparable injury to the public and thousands of passengers availing the services of the vessels cannot be simply measured in monetary terms, thus a temporary restraining order is imperative," the Montenegro Shipping Lines said.
The roll-on-roll-off vessels are staunch supporter of President Gloria Macapagal Arroyo’s flagship program, the Strong Republic Nautical Highway serving the routes of Caticlan, Malay, Aklan- Roxas, Oriental Mindoro.
"The temporary restraining order was extended for another 17 days but we believe it is within the local government powers to collect the fees," said Aklan Vice Gov. Ronquillo Tolentino after the hearing before regional trial court, Branch 8, Kalibo, Aklan on Monday afternoon last week.
"There is no implication with the Caticlan Jetty Port operations since the shipping operator continues to pay except the arrears," Tolentino added. The civil case was filed against the Sangguniang Panlalawigan (SP) of Aklan, Provincial Treasurer Evan Timtiman and Aklan Gov. Carlito S. Marquez.
The shipping operator stressed they had to pay the Philippine Ports Authority (PPA) docking fees before they are allowed to sail from the Roxas, Mindoro port, but in February 2005, the provincial government operating the Caticlan Jetty Port started to assess them with berthing fees though they paid it to the PPA.
IMPOSE BERTHING FEES
This was in accordance with the Provincial Ordinance No. 02-004 Caticlan Jetty Port Administrative Code under Section 5, Article VI imposing a berthing fee of P1,000 to be collected from all boats docking along the pier reserved for large ferry boats and an additional P100.00 will be charged in excess of one hour.
Last July 10, 2006, PPA has issued a Memorandum addressed to all Port District managers/terminal supervisors concerning Interior and Local Government secretary Ronaldo Puno’s Memorandum Circular No. 2006-70 to refrain from enforcing any ordinance authorizing the levy of fees and taxes on inter-province transport of goods, regulatory fees from passengers in local ports and cause the immediate repeal of the ordinance imposing those specified fees and taxes.
On August 15, 2006, the Montenegro also sent a letter to Aklan Gov. Carlito S. Marquez to desist from collecting the berthing fees and to refund all payments of berthing fees collected of P445,600 from January 1 to July 31, 2006.
"The memorandum was addressed to all provincial governors to suspend their imposition and collection of illegal fees and taxes on the transport of goods and passengers passing through the territorial jurisdictions," lawyer Zeus Librojo of Montenegro Shipping Lines said.
HEATING UP
However, on October 26, 2006, the shipping operator received a letter from Caticlan Jetty Port Administrator Nieven Maquirang to disallow them to dock at the Caticlan Jetty Port effective November 1, 2006 unless they paid the berthing fees.
Montenegro said they informed DILG regional director Evelyn Trompeta to immediately direct Marquez and SP Aklan to revoke Memorandum 2006-311 imposing the berthing fees and to avert great damage to the public during the peak season beginning on November 1.
But, on October 31, 2006, Trompeta pointed out, "it appears that both parties have conflicting appreciation/interpretation of the law, hence, it is for the best interest of the parties to finally resolve the issue before the court."
The provincial government, later, extended the docking of vessels of Montenegro Shipping Lines until November 6, 2006 due to expected increase in the volume of passengers during the All Saint’s Day. /MPmailto:madyaas_pen@yahoo.com