The Philippine Inter-Island Shipping Association, Inc. (PISA) has questioned the Maritime Industry Authority’s (Marina) various advisories, stating that those regulations violate maritime laws and endanger public safety.

PISA challenged Marina advisories allowing landing craft tanks (LCTs) to transport passengers by filing a petition for certiorari and prohibition with a prayer for a temporary restraining order (TRO) and a writ of preliminary injunction before the Regional Trial Court (RTC) of Manila.

The petition specifically targets Marina Advisories No. 2023-18, 2023-28, and 2025-01, along with related issuances, which PISA asserts were issued with grave abuse of discretion amounting to a lack or excess of jurisdiction and in violation of both domestic maritime regulations and international safety standards.

According to PISA’s petition, secured by the DAILY TRIBUNE, advisories being questioned directly contradict Section 8 of Marina circular MC 2003-007 and the implementing rules and regulations of Republic Act No. 9295 (Domestic Shipping Development Act of 2004), which require that only vessels properly classified and certified for passenger service may be used to carry people.

LCTs, primarily designed for cargo and vehicle transport with open-deck configurations and lacking passenger safety features, do not meet the technical standards required for passenger vessels, according to PISA.

Furthermore, Marina’s policy contradicts International Maritime Organization (IMO) circular MSC.1/Circ.1411, which outlines the guidelines for the safe operation of Ro-Ro (roll on-roll off) passenger vessels, and MSC.1/Circ.1535/Rev.1, which stresses the need for design stability, proper lifesaving equipment, and certified crew — features that most LCT-type vessels are structurally and operationally unfit to comply with.

PISA also asserted that no equivalent technical evaluation or risk assessment was conducted before Marina allowed LCTs to carry passengers, in violation of the flag state responsibilities under the IMO’s SOLAS (Safety of Life at Sea) Convention, which the Philippines is a signatory to.

The omission puts the lives of thousands of Filipinos at sea in jeopardy.

Undue delegation, unequal treatment

While Marina Advisory No. 2023-28 suspended the implementation of its earlier advisory (2023-18), it failed to halt the ongoing use of LCTs for passenger transport.

Advisory No. 2025-01 merely postponed new acquisitions of LCT-type roll-on-roll-off cargo vessels beginning 15 February 2025, while allowing current LCTs to continue operating under unclear and lenient standards.

PISA argues this selective application of regulations violates the equal protection clause and imposes unfair competitive disadvantages on compliant operators.

The petition also flags Marina’s actions as a violation of due process, noting that the advisories were issued without stakeholder consultations or transparent rulemaking procedures. PISA members have no clear, adequate, or speedy administrative remedy to challenge these issuances, as they are not quasi-judicial.

Public safety at risk

“Allowing cargo-type LCTs to carry passengers without requiring the same rigorous safety compliance expected of passenger ships places the public at great risk,” the petition reads. “This policy not only endangers lives but also undermines maritime safety enforcement in the country.”

Citing Supreme Court rulings such as Planters Products vs. Fertiphil Corporation and COURAGE vs. Abad, PISA emphasized that RTCs have the authority to review executive issuances that result in grave abuse of discretion.