TNM 108 - United Filipino Seafarers United Filipino Seafarers
Transcription
TNM 108 - United Filipino Seafarers United Filipino Seafarers
WANTED!!! Former TNM managing editor Robert Rey Gambe Vol. XIX page 44 No. 8 SEPTEMBER - OCTOBER 2014 http://www.unitedfilipinoseafarers.com.ph PHP 25.00 Solons seek probe of MARINA’s FAILURE to collect oil pollution fund from oil tankers Story on P 24 Cong. Neri Colmenares Your home away from home When seafarers join a ship, they’re not just taking a job. They’re adopting a second home. At Seaspan, we understand the importance of a comfortable and safe working experience at sea, and our team commits to supporting your growth and development while you are on board with us. We are more than a company. We’re the Seaspan Family. www.seaspancorp.com www.seaspanltd.ca Join us on Facebook at www.facebook.com/SeaspanLtd safe | reliable | economical Seaspan Ship Management Ltd. c/o PTC 5th Floor, First Maritime Place, 7458 Bagtikan Street, San Antonio Village, Makati City 1203, Philippines Tel: +63 2 898 1111 | Email: [email protected] Layout 7S - Buhay Marino.indd 1 05/03/2014 7:17:09 PM SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 3 Number of compliant local ships surging PH marks 1st year of MLC 2006 with robust compliance by Kidon Alcober A mid the floundering of Maritime Industry Authority (MARINA), one shining beacon which the labor department has begun the ardous task of determining compliance of domestic ships to the internationally recognized Maritime Labor Convention (MLC) of 2006. As early as September, the labor agency has so far issued a clean bill of health to 40 domestic vessels owned by 15 local domestic shipping companies. And the number is swelling with the very handson approach of the country’s labor chief. The certificates of compliance (CoCs) were issued by the National Capital Region office of the Department of Labor and Employment (DOLE) under the new Labor Laws Compliance System (LLCS), which is the instrument tool to the MLC of 2006. The country is a signatory to such maritime labor treaty. Labor Secretary Rosalinda Baldoz nevertheless noted that their work is still half-way through even as she called on domestic shipping operators to comply with the MLC of 2006 voluntarily. “This is the first time in the history of Philippine labor that the DOLE covers domestic ships. I encourage companies of Philip- pine-registered ships plying domestic waters to voluntarily comply with all labor laws. It is good economics, and it is good business to voluntarily comply with our labor laws that provides for the welfare and protection to Filipino seafarers,” Baldoz said. She nevertheless said at least 60,000 Filipino seafarers could soon look forward to safer sea trav- el after her agency has completed its assessment. Baldoz said at least 17 Philippine domestic ship operators have applied for the issuance of certificate of compliance. Of the 17 ship operators, 15 have already been issued a compliance certification. Minimum working, living standards The MLC of 2006 establishes minimum working and living standards for all seafarers working on ships flying the flags of ratifying countries. It’s also an essential step forward in ensuring a level-playing field for countries and shipowners who, until now, have paid the price of being undercut by those who operate substandard ships. Widely known as the “seafarers’ bill of rights,” the MLC of 2006 was adopted by government, employers and workers representa- tives at a special ILO International Labour Conference in February 2006. It is unique in that it aims both to achieve decent work for seafarers and to secure economic interests through fair competition for quality ship owners. Country-signatories to such ILO convention like the Philippines are obligated to ensure decent and safe working conditions for seafarers with the following standards or benchmarks: • Minimum age • Seafarers’ employment agreements • Hours of work or rest • Payment of wages • Paid annual leave • Repatriation at the end of contract • Onboard medical care • The use of licensed private recruitment and placement services • Accommodation, food and catering • Health and safety protection and accident prevention and, • Seafarers’ complaint handling The industry-wide inspection being carried out by DOLE is an integral part of the country’s compliance process to the convention. The DOLE’s work is still a long way to go before the country could boast 100 percent compliance. For 2014, the DOLE targets to assess 783 local vessels with gross tonnage (GRT) of 500 and above for joint assessment under the LLCS. Based on a list of the MARINA, there are 8,451 domestic vessels with Philippine registry as of 2012, of which 6,785 have gross tonnage below 200 GRT; 883 with gross tonnage of between 200-499 GRT; and 783 vessels with GRT of 500 and above. “Now, we are beginning to enforce its (MLC) provisions to provide our seafarers decent work,” Baldoz said. “Hopefully this will minimize sea accidents,” she added. The country is buffeted with sea mishaps year after year, posting in the process a dismal record in sea safety and crew competence. The full compliance to MLC of 2006 would help douse doubts on the country’s ability to float sea-worthy ships manned by competent seafarers. continued on page 15 4 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO EDITORIAL MLC of 2006: Preserving the well-being of seafarers T he country’s accession to ILO’s Maritime Labor Convention (MLC) of 2006 turned one year old last August. As signatory, the country is obligated to adhere to minimum standards of working and living conditions for its seafarers to ensure a safe and healthy working environment. Simply put, the treaty mandates all signatories to make sure that seafarers are treated humanely and decently while working on high seas and away from their families. Widely known as the “seafarers’ bill of rights,” the MLC of 2006 was adopted by government, employer and workers representatives at a special ILO International Labour Conference in February 2006. The maritime treaty is considered unique since it aims to achieve decent work for seafarers and to secure economic interests through fair competition for quality ship owners. As part of its compliance, the labor department has begun a series of inspection on domestic vessels to check if these floating workplaces conform to basic working and living standards set forth by the MLC, 2006 treaty. DOLE Secretary Rosalinda Baldoz has been overseeing the inspection with vigor and has, on some occasions, boarded personally the subject vessels to witness their progress of compliance. Baldoz said their inspection work would ensure the safety and health of thousands of seafarers currently employed by local ship operators. To date, the labor agency has already issued a “clean bill of health” to at least 40 domestic vessels belonging to 15 local shipping companies. The number is expected to swell in the coming months. For 2014, the DOLE targets to assess 783 local vessels. Based on a list of the MARINA, there are 8,451 domestic vessels with Philippine registry as of 2012. Baldoz is nevertheless appealing to ship companies which have yet to apply for inspection to come to the fold voluntarily and help speed up the process. The labor chief argues that “it is good economics and good business” for ships and their owners to voluntarily comply. In a country where shipping companies act like spoiled brats, the gentle appeal of the labor chief might fall on deaf ears. Local ship operators have a tendency to compromise the continued on page 9 SHIPPING ISSUE CAPT. JAIME D. QUIÑONES General Manager Wallem Maritime Services Inc. THE NEED FOR COHERENT POLICY IN MARITIME TRAINING T he demand for Filipino seafarers is expected to fall marginally due to the increasing requirements for a highly competent workforce at sea. Given the current fast evolving technologies, equipment, and maritime legislations directly affecting the conventional norms of ship operations and the level of desired shipboard quality management skills. It is therefore high time, that Filipino seafarers must rise from these challenges, which can best be achieved through proper training and changing the mindset about training – from the typical “certificate driven” attitude to “needs driven” thinking and the appreciation and acceptance of training as a vital tool in the acquisition of desired competence and Seeking Solutions to Changing Demands in Shipping professional development. Attendance and completion of all STCW mandatory courses in conjunction to the 2010 Manila Amendments is now imperative, with additional premium on value added training courses or recommendatory courses being offered by inhouse and external training centers. Given the diversity of training centers, the government (MARINA) must streamline the number of accredited training programs and ensure that all approved training programs shall be specific to the scope and requirement for STCW compliance continued on page 28 Nelson P. Ramirez Executive Editor Arianne Ramirez Managing Editor James S. Mante Assistant Editors Myrna F. Virtudazo JF A. Balbaguio Layout Paolo Ranillo artists Denis Ramillo Cartoonists Amado Baul Rey Sto. Domingo Production Staff Fr. James Kolin New York Bureau Engr. Samson Tormis Greece Bureau Corry Llamas-Konings Rotterdam Bureau Bob Ramirez Philip RamirezSingapore Minabelle Siason Belgium Bureau Capt. Arturo Cañoza Japan Bureau Sapalo Velez Bundang & Bulilan Law Offices Legal Consultants Tinig ng Marino (Voice of the Seafarer) is published by the United Filipino Seafarers, a duly registered Philippine maritime union. Editorial office: 4th/F Room 402, Gedisco Terraces Bldg., 1148 Roxas Blvd., Ermita, Manila, Philippines; Telephone nos.: (632) 524-4888; 525-5806; Fax (632) 524-2336; E-mail: [email protected]; Website: http://www.unitedfilipinoseafarers.com.ph. Materials published in this paper may be reprinted provided proper acknowledgment to Tinig ng Marino and the author, if indicated, is made. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 5 UGONG NG MAKINA AT IKOT NG ELISE ENGR. NELSON P. RAMIREZ Most Outstanding Marine Engineer Officer, PRC, 1996 Most Outstanding Student, ZNSAT, 1970 Outstanding Achiever of the Year, Province of Zomboanga del Norte, 2006 “ Earn dollars, see the world for free and have a girl in every port.” This is the phrase that maritime schools often use as come-on, either as a blatant offer or as a subtle hint, particularly on collecting girlfriends, to lure unsuspecting students. Little do they know that this catching phase has wrecked a thousand dreams. (1) ON THE SUPPLY and DEMAND IMBALANCE: The Philippines is producing 20 thousand maritime graduates a year and the industry can absorb only three to five thousand. (2) INABILITY OF THE GOVERNMENT AUTHORITY TO TAKE CONCRETE STEPS: There are almost 100 schools offering maritime courses. Most of these schools cannot pass the international standards and had been committing moral ‘estafa’ for years in the pretext of giving education. The sad news, the Commission on Higher Education (CHED), which is in charge of monitoring these schools, has been sleeping on its job. The CHED itself has NO EFFECTIVE MONITORING SYSTEM and this is the very reason why schools offering maritime courses sprouted all over the country. These schools do not have EFFECTIVE MONITORING SYSTEM and QUALITY MANAGEMENT SYSTEM IMPLEMENTATION as well as what the EMSA assessors found out when they conducted an assessment here. (3) SHIPPING COMPANIES SHOWING NO RESPECT FOR FRESH GRADUATES: There is an exception to the rule. If you are a graduate of the Philippine Merchant Marine Academy (PMMA), Maritime Academy of Asia and the Pacific (MAAP), NYK-TDG Maritime Academy, DMMA, and the University of Cebu; and if you are scholars of John B. Lacson and of Southwestern University in Cebu Fake Promises and Broken Dreams and the likes, you are well respected. You are even given free education and even allowances. But if you came from a sub-standard school and could even hardly read and speak English, expect no respect from the employers. The Visayan Maritime Academy, the Mariners Polytechnic and the Malayan College of Laguna have their own manning agency where they will send their cadets for apprenticeship. (4) UNWILLINGNESS/INABILITY TO ENTER A DIFFERENT MARKET: Not very true One of the reasons why most of our young boys took this course is that they would like to imitate their neighbors or relatives who were once idiots in the barrio but have become successful seamen and now own a very nice house and car. They believed that any idiot in the barrio can become a seaman and earn dollars. They were told by their parents to take this course because there is no chance for them to become lawyers or doctors since they are stupid. They best thing for them to do is to take BSMT nor BSMarE and earn dollars. (5) IMPROPER/INADEQUATE TRAINING: It is a fact that there has been a huge lapse in the quality of deck and engine cadets and that poor quality cadets come from sub-standard schools. This is expected. Most of the graduates from sub-standard schools rely on their relatives and friends who will bargain for their employment like a “buy one, take one” merchandise. Officers know that the seafaring industry has a shortage of qualified officers. They will bar- gain for their relative if the manning agency wants to hire their services. On the other hand, sub-standards schools don’t care where their students will go after spending three years in school. They have paid for their tuition, anyway. However, if the student is successful in looking for a shipping company that will take him for his apprenticeship, his school will charge him for a ONE-YEAR tuition and matriculation fees; otherwise he will not get his diploma. This is what we call highway robbery in broad daylight. MARINA is now the SINGLE MARITIME ADMINISTRATION that can make a drastic change in the rotten education and training system. TINIG NG MARINO is waiting in this corner for the outcome of the EMSA audit this coming October. 6 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO The Dawning of the age of Drone Ships by Atty. Elviro “Jun” C. Perez II T he continuing quest of the maritime industry for a fuel efficient and emission compliant vessel has resulted in an apparent shift towards “turn-key” operations or automated navigational systems. Recent developments on the use of unmanned vessels or drone ships are pushing the limits of our imagination. The concept of drone ships is a logical spin-off from the successful results of unmanned aerial vehicles or UAVs used by the military in modern warfare and meteorological science. While the outlook appears bright for ship manufacturers and vessel operators, the future does not augur well for seafarers. The crew members stand to become its first casualties in the race to automate the maritime industry. An estimated 1.2 million jobs depend heavily on the shipping industry. It is not difficult to contemplate the tremendous hardships that maritime workers face in their struggle against redundancy caused by computers taking over their jobs. Among the other obstacles which stand in its path are international maritime legislations which strictly regulates the minimum crew numbers of a vessel. Replacing the crew members of a vessel in favor of computers is a sign of over-reliance on technology. If technology fails, the industry could still rely on the age-old skills of our seafarers. These contentious issues may push back the calendar according to the International Chamber of Shipping (ICS). The ICS represents 80 percent of the estimated 100,000 ships that traverse the Earth’s oceans. The negative repercussions of seafarers losing their jobs are not the only danger presented by crewless drone ships. Piracy will continue to haunt vessels despite the advent of autonomous ships. According to the International Maritime Bureau Piracy Reporting Centre, from January to May 2014, there were 72 reported piracy incidents globally. It’s easy to imagine this number climbing with a proliferation of unmanned ships. While these autonomous vessels carry no crew that could serve as human hostages, pirates are likely to see these ships as easy targets. Computers cannot offer the same vigilance that a crew who stands guard for pirates Unmanned ships will never deter pirates. Aside from piracy, the natural hazards of the ocean somehow tilt the balance in favor of fully-manned vessels. While an autonomous vessel can monitor oil pressure, and automatically shut-down the engine when alarm levels start ringing, these failsafe mechanisms pale in comparison to the physical efforts exerted by a crew member on-board the vessel. If a cooling pipe bursts in the middle of the voyage, the autonomous vessel will go as far as reporting the incident and initiate remedial measures, but if sea water starts flooding the engine lube area, only a competent crew onboard can save the day. Maritime transport in the European Union (EU) are now facing challenges brought about by significant increases in transport volumes, growing environmental requirements and a shortage of competent seafarers in the future. These autonomous ships are paving the way towards a cost-efficient business model that will overcome these challenges. It allows for more efficient and competitive ship operation and increases the environmental performance of vessels. Furthermore the shore based approach offers “seafaring” the possibility to become more socially sustainable by reducing the time seafarers spend away from their families. Proponents of autonomous vessels or drone ships are lauding the development of a “turn-key navigational system” called e-navigation which they hope to launch in the next 10 years. This system shall automate the current vessel traffic management systems where for example, a ship is close to shore, the local coast guard tells the crew what it should be doing. Although the system is still in the drawing board, its developers are mindful of the objections from those who believe that ultimate control and accountability for a ship should remain with the captain and crew. In a bid to jump the gun on its rivals, Rolls Royce Holdings introduced their patented designs for drone cargo ships which it claims to be continued on page 35 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 7 8 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO WORKERS’ VANGUARD CONG. EMMELINE Y. AGLIPAY Representative, DIWA Partylist Congress of the Philippines [email protected] The Call for Urgent Solution to the Real Problem U rgent need can call for solutions that are expedient, and not ideal, but it should never reach the point where the “solution” ceases to help resolve the problem at all. If the cure is worse than the disease, then it cannot rightly be called a cure. I have frequently used this column to express my opinion of the dire need for a single maritime authority in this country. I’ve spoken about House Bill No. 3766, which has now become Republic Act No. 10635, which in fact does just that -- establishes the Maritime Industry Authority (MARINA) as the single maritime administration responsible for the implementation and enforcement of international agreements or covenants related to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW). Is this a triumph? Of course. The passage of the law was an important and necessary step in our mission to improve our per- formance in the next audit of the European Maritime Safety Agency (EMSA), the results of which will have a major impact on the livelihoods of our seafaring workforce. As you’ll recall, one of the main concerns of the EMSA was the lack of a central body that would regulate compliance with international standards in matters such as the certification of seafarers and their education and training. However the passage of the law is not enough to allay con- cerns, nor is it enough by itself, in practice, to constitute the MARINA as the sole maritime authority. The next step is the passage of the Implementing Rules and Regulations of RA No. 10635. The law requires that these rules be issued within six months of the effectivity of RA No. 10635, a deadline which is fast approaching (or may have passed by the time this article is published). On June 5, a public consultation was held with the private sector, an event which was documented in the last issue of Tinig Marino, a meeting which proved somewhat problematic. In an article by Joana Chrystal Michelle Ventura, the public consultation was castigated for having fallen short of being a “true” consultation, with participants leaving the short meeting with the impression that their concerns and opinions had been given short shrift. Putting aside for the moment the circumstances where the MARINA was allegedly required to fast track the creation of the Rules, as well as any allegations of bad faith between the government and private organizations, I believe it is imperative that the public consultation for the drafting of the Rules should be rigorous, comprehensive, and clearly and explicitly aboveboard. A literal implementation of a “public consultation” -- by which I mean, a meeting with certain representatives of the public -- is not by itself enough to be considered a true consultation. For instance, in the case of the Boracay Foundation vs. Aklan (G.R. No. 196870) the Supreme Court held the consultations that took place to be insufficient, stating that: “[h]ad they been conducted continued on next page SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 9 from page 4 EDITORIAL well-being of their crew at the expense of profit and survival. Sometimes, in order to maximize profit, ship firms would settle for mediocrity than competence. Because for them, a worldclass and happy crew means more cost and a marginalized margin. A recitation of ship tragedies involving human error would introduce you to a crew suffering from inhuman working conditions. But local ship operators are increasingly pressured to comply because the maritime status quo that they used to know and manipulate has changed a lot over the years. Competition has become intense that the only means of survival is to go global in practice and thinking and be at par with the rest of the shipping world. Because at the end of the day, whether ships are powered by modern engines or could circumnavigate the world in a speed of light, the thing that would always matter is the people – the ship’s crew. Take out the seafarers and you will have a floating armada of vessels that don’t have a warm-blooded, breathing ‘cargo.’ The country is, therefore, clearly in the right direction in overseeing vigorous compliance to MLC of 2006. ...................................................... properly, the prior public consultation should have considered the ecological or environmental concerns of the stakeholders and studied measures alternative to the project, to avoid or minimize adverse environmental impact or damage.” Consultations, to be considered as such, should consider the concerns of the stakeholders, subject them to serious study, and allow for the possibility of changes to the drafts presented. It is not clear that this has been the case in the drafting of the Rules of RA No. 10635, and if this is not rectified, suspicion and mistrust will characterize the adoption of these Rules and MARINA, even before MARINA takes on its role as the single maritime authority. The fact that the relationship between MARINA and seafaring groups has been fractious cannot be ignored. Some complaints that have been raised before are those regarding delays in the issuance of Seafarers’ Identification and Record Books, registration of motorized bancas, and the long queues for application of Certificate of Proficiency, followed by long waiting period for the issuance of said Certificate. But even with those concerns, I’ve argued that the MARINA is “the existing government agency best positioned under law to take on the mantle of the single maritime administration” and I still believe this to be the case. But the MARINA must do its part to conduct itself in a manner befitting the single maritime administration, must strive to come to a good working relationship with seafarer groups, or else it cannot truly safeguard the interests of seafarers, and may end up doing more harm than good. Yes, the new EMSA inspection is fast approaching. Yes, it is crucial that we do better than in previous audits. But a haphazard, slap-dash drafting of the Implementing Rules, one which creates Rules which are not reflective of the wishes of seafarers or responsive to their concerns, will further undermine our situation, not improve it. As I write this, there is still time to convene, to discuss, to find reasonable common ground. The Rules need not be passed merely to reach the deadline, when they can instead play an important role in improving our monitoring of the industry and compliance with international standards. The concerns of seafarers are of the utmost importance and should be treated with rigor and gravity. No corner should be cut, no procedure ignored. It’s one of the reasons that my bill for the Magna Carta for Seafarers has stayed so long in the House -- while speed is important, it’s more important to get things right. Seafarers deserve no less. 10 TINIG NG MARINO The Unholy AllIANCE SEPTEMBER - OCTOBER 2014 UFS to Congress: Expedite passage of Anti-Ambulance Chasing Bill by Carlo Castro The United Filipino Seafarers (UFS) has called on legislators to act on the swift passage of a measure that prohibits the abusive practice of ambulance chasing and punish individuals involved in such coercive conduct in claiming for compensation and disability benefits, particularly involving seafarers. UFS president Engr. Nelson P. Ramirez said unless a law that declares the act of ambulance chasing illegal and punishes individuals involved is passed, the number of bogus seafarer claims will continue unabated and the long list of foreign-based principals providing employment to Filipino seafarers that already transferred to other countries to recruit other nationalities in the light of the sham claims will go on. “There are many ambulance chasers pestering the maritime industry and we have seen an increase in number over the years that is why several shipowners have already transferred to other countries. The government should put a stop to their abusive practices and punish individuals involved in such scheme,” Ramirez said, adding that licenses of lawyers who were found to have coerced claimants to file questionable compensation claims against shipping companies should May Pag-Asa pa! 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Mr. Ramirez said leaders from the Senate and the House of Representatives should include the bill in their legislative priority to pass immediately as this is crucial to establishing a fair justice system. A year ago, Angkla Party-list Rep. Jesulito Manalo filed House Bill (HB) No. 2643 or the Anti-Ambulance Chasing Act that seeks to amend Presidential Decree No. 442 or the Labor Code of the Philippines in a bid to provide protection to seafarers and other workers and their families against unscrupulous individuals. The House measure was co-authored by AKO-BICOL party-list Reps. Christopher Co and Rodel Batocabe and Cagayan de Oro (2nd district) Rep. Rufus Rodriguez and was referred to the House Committee on Labor and Employment. “Tales of Filipino seafarers and other workers suffering or dying from work-related accidents are innumerable. As these occur, distressing stories abound of seafarers and workers, who were convinced, after being pursued by lawyers or their representatives, into entering agreements for legal or consultancy services even when such services are not needed, or charged with fees which are excessive and unconscionable,” Rep. Manalo wrote in filing his bill. He said that this practice has led to ambulance chasers “taking substantial interest and control in the case and resorting to questionable practices just to protect and recover their fees at the expense of the hapless seafarer of worker and his family” and the compensation due to the seafarer or worker is significantly reduced. The bill’s author also said that while the Code of Professional Responsibility of Lawyers prohibits ambulance chasing, no statutory provision exists which directly and expressly prohibits the abominable practice in the enforcement of labor rights. Under HB 2643, the immoral, deceitful and exploitative practice of ambulance chasing shall be prohibited. No agent, attorney or other person in charge of the preparation, filing or pursuing any claim for compensation or benefits arising from employer-employee relationship shall demand or charge for services. Any fee and any stipulation to the contrary shall be null and void. The retention or deduction of any amount from any compensation or benefit granted to the worker for the payment of fees for such services is prohibited. The proposed legislation also provides that any lawyer who appears as counsel in any case heard by the National Labor Relations Commission (NLRC) or any labor arbiter shall be entitled to attorney’s fees not exceeding 10 percent of the compensation or benefits awarded by the Commission or any labor arbiter, which fees shall not be payable before the actual payment of the compensation or benefits. Punishment ranges from P50,000 to P100,000 or jail time of not less than one year but not more than two years, or both at the court’s discretion. However, the House committee chaired by Davao City (1st district) Rep. Karlo Alexei Nograles has yet to act on the measure and conduct a public hearing on the bill that has national significance. In the Senate, no counterpart measure has been filed yet. “Ambulance chasing lawyers in the maritime industry live off other people’s misfortunes. People who instigate this kind of illegal activity just care about their own pockets,” added Mr. Ramirez who continued on next page SEPTEMBER - OCTOBER 2014 is constantly pushing for reforms in the maritime industry. Local manning agencies and their principals continue to experience harrowing ordeals from ambulance chasing lawyers and their seafarer-clients, sometimes in connivance with labor arbiters who should make it their responsibility to determine whether disability claims and cases lodged before them are factual in nature, Mr. Ramirez narrated. Many shipowners prefer to settle the claims rather than go through the arduous practice of appealing, he said, but they decided to transfer to other countries with a heavy heart knowing that they have settled unmeritorious and dishonest claims. Remittances keep the economy afloat and play a big role in domestic consumption which drives economic growth. Remittances from overseas Filipino workers reached $2.27 billion in June this year, according to data from the Bangko Sentral ng Pilipinas. Money sent home by land-based Filipino workers went from 4.8 percent to $8.7 billion in the six-month period, while those wired by sea-based workers jumped from 8.8 percent to $2.7 billion. Inflows of cash remittances and the number of sea-based workers from the Philippines— dubbed the manning capital of the world in the maritime industry— could also be affected if this highly questionable act is not stopped. According to an article published on the website of the Baltic and International Maritime TINIG NG MARINO Council, the largest international shipping association representing shipowners that controls around 65 percent of the world’s tonnage with membership in more than 120 countries, shipowners were owed more than $6 million as of September 2013 by claimants and their lawyers in 98 cases where earlier decisions by the NLRC had either been overturned or reduced an appeal. The article added that many shipowners have signified their appeal 11 to the Philippine government to reform the legal system as currently, shipping firms are forced to pay out to meet questionable compensation claims for injury and illness even before they have a chance to appeal the awards against them ordered by the lower courts. The shipowners’ chances of getting even a fifth of the amounts involved seem slim. “In three other cases where the awards totalled $178,000, only $19,700 has been recovered,” the article said, noting that claimants who have succeeded in the lower courts tend to have spent most, if not all, of the money, and much of it have already been paid to the ambulance chasers, before higher courts hear any appeals in a process that can take as long as seven years. In the United States, for example, ambulance chasing is declared as barratry and punishable in the states of California, Pennsylvania, Virginia, Washington and Texas while some jurisdictions disbar any lawyer involved from practicing within that state. 12 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO SAILOR’S CORNER ATTY. AUGUSTO R. BUNDANG Head, Litigation and Seafarers Department Sapalo Velez Bundang and Bulilan Law Offices Authority of the Voluntary Arbitrator W ho has jurisdiction over a case involving the interpretation or implementation of the collective bargaining agreement: the labor arbiter or the voluntary arbitrator? The recent case of “Estate of Nelson R. Dulay represented by his wife Merridy Jane P. Dulay vs. Aboitiz Jebsen Maritime, Inc. & General Charterers, Inc.” (G.R. No. 172642) decided by the Supreme Court on June 13, 2012 answered the above question by holding that the voluntary arbitrator should take cognizance of such an issue. In the said Dulay case, a veteran seafarer, after completion of his employment contract, and while still a bona fide member of a union which was the collective bargaining agent of his employer, died of acute renal failure secondary to septicemia. The widow claimed for death benefi ts through the grievance procedure of the collective bargaining agreement (CBA) between the seafarer’s union and his employer but the procedure was declared deadlocked. Pursuant to a provision in the CBA, the widow then filed a claim against the employer for death and medical benefi ts and damages amounting to US$90,000.00 before the National Labor Relations Commission (NLRC)-Arbitration Board. A few days later, the deceased seafarer’s brother received P20,000.00 from the employer pursuant to a different and separate provision of the same CBA and released the union from further liability. The employer insisted that the NLRC has no jurisdiction over the widow’s claim due to the absence of an employer-employee relationship at the time of the seafarer’s death and the fact that the seafarer’s contract was already completed prior to his demise. The labor arbiter and the NLRC both recognized the claim and ruled in favor of the widow, ordering the claims arising out of an employer-employee relationship or by virtue of any employer to pay. On appeal, the Court of Appeals (CA) reversed the decision of the NLRC and referred the claim to the National Conciliation and Mediation Board (NCMB) for the designation of the voluntary arbitrator or constitution of a panel of voluntary arbitrators for appropriate resolution on the applicable CBA provision to be applied insofar as death benefits due to the heirs of the seafarer are concerned. The Supreme Court affirmed the CA ruling, finding that Republic Act (RA) No. 8042, the special law governing overseas Filipino workers, does not provide for any provision regarding jurisdiction over disputes or unresolved grievances on the interpretation or implementation of a CBA. Section 10 of RA 8042 simply speaks in general of law or contract involving Filipino workers for overseas deployment including claims for actual, moral, exemplary and other forms of damages. On the other hand, Articles 217 (c) and 261 of the Labor Code, a general statute, are clear and particular in expressing that voluntary arbitrators have jurisdiction over cases arising from the interpretation or implementation of CBAs. As such, the specific or special provisions of the Labor Code govern and not those of RA 8042. The High Court, upon review of the CBA which the seafarer’s widow considers to be the law between the parties, likewise concluded that the parties really intended to bring to conciliation or voluntary arbitration any dispute or conflict in the interpretation or application of the provisions of their CBA. It noted that Section 7 of the Omnibus Rules and Regulations, as amended by RA 10022, promulgated by the Department of Labor and Employment and the Department of Foreign Affairs, which implement RA 8042, so provides that for overseas Filipino workers with CBAs, the case shall be submitted for voluntary arbitration following Articles 261 and 262 of the Labor Code. Such is the same idea invoked in Section 29 of the POEA Standard Employment contract. The Court made it clear that with respect to disputes involving claims of Filipino seafarers where the parties are covered by a CBA, the dispute or claim should be submitted to the jurisdiction of a voluntary arbitrator or panel of arbitrators. In the absence of a CBA, the parties may opt to submit the dispute to either to the NLRC or to voluntary arbitration. This position is consistent with the policy of the state and Section 3, Article 13 of the Constitution to promote voluntary arbitration as a mode of settling labor disputes. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Panama and Nicaragua Canal 13 ( The Battle of David and Goliath ) by Engr. Rainero B. Morgia, MScEnv I t used to be the only connecting route through a ship canal between the Pacific Ocean and Atlantic Ocean (via the Caribbean Sea). This is known as the famous Panama Canal. Since it started operations almost 100 years ago, the canal continues to serve and enjoy great success among the shipping industry’s trade route (Panama History). Despite having enjoyed this privileged position for so many years, with the advent of globalization, the continuing build-up of very large capacity ships and vessels, the increasing volume of carrying cargo on imports and exports, high maintenance cost, and the rising canal tolls as the ships become larger, Panama Canal is now facing competition with the construction of NICARAGUA CANAL, popularly or better known as the David and Goliath competition between ship’s canal toll business. Obviously the NICARAGUAN is the Goliath, what critics dare or call as a dream vs. reality project (IHS Maritime). THE HISTORICAL CANAL This is a 77-mile ship canal that connects Atlantic and the Pacific Ocean and has been a key channel for international maritime trade since its official opening on August 15, 1904 (Panama History). The canal has locks at each end to lift ships up to the Gatun Lake, an artificial lake constructed to lessen the amount of excavation work required for the canal, 26 meters above sea level. The current locks are 33.5 meters. A third, wider lane of locks is presently under construction to open in 2015. According to “Historical Map and Chart Project- NOAA”, the layout of the canal as seen by a ship passing from the Atlantic to the Pacific is as follows: •From the formal marking line of the Atlantic Entrance, one enters Limon Bay, a large natural harbor. The entrance runs 8.7 km. It provides a deepwater port (Cristobal), with facilities like multimodal cargo exchange (to and from train) and the Colon Free Trade Zone, a free port. •A 3.2- km channel forms the approach to the locks from the Atlantic side. •The Gatun Locks, a three-stage flight of locks 1.9 km long, lifts ships to the Gatun Lake level, some 26.5 m above sea level. •Gatun Lake, an artificial lake formed by the building of the Gatun Dam, carries vessels 24.2 km across the isthmus. It is the summit canal stretch, fed by the Gatun river and emptied by basic lock operations. •From the lake, the Chagres River, a natural waterway enhanced by the damning og Gatun lake, runs about 8.5 km. Here the upper Chagres river feeds the high level canal stretch. •The Culebra Cut slices 12.6 km through the mountain ridge, crosses the continental divide and pass- es under the Centennial Bridge. •The single-stage Pedro Miguel Lock, which is 1.4 km long, is the first part of the descent lift of 9.5 meters. •The artificial Miraflores Lake, 1.7 km long, and 16.5 m above sea level. •The two-stage Miraflores locks, is 1.7 km long, with a total descent of 16.5 m at mid-tide. •From the Miraflores locks one reaches Balboa harbor, again with multimodal exchange provision (here the railways meets the shipping route again). Nearby is Panama City. •From thid harbor an entrance / exit channel leads to the Pacific Ocean (Gulf of Panama), 13.2 km from the Miraflores locks, passing under the Bridges of the Americas. Thus, the total length of the canal is 77.1 km. This is Panama Canal. The canal is currently handling more vessel traffic than had ever been envisioned by its builders. In 1934 it was estimated that the maximum capacity would be around 80 million tons per year (Gerstle, 1944 ). To date, according to the Panama Canal Authority, canal traffic reached almost 350 million tons of shipping. It continues to serve more than 144 vessels of the world’s trade routes and the majority of canal traffic comes from the “all-water route” from Asia to the US East and Gulf Coasts via the Panama Canal. FUTURE DEVELOPMENTS As demand is rising for efficient global shipping of goods, the canal is positioned to be a significant feature of world shipping for the foreseeable future. However, changes in shipping patterns —particularly the increasing numbers of larger-than-Panamax ships will necessitate changes to the canal if it is to retain a significant market share. “An enlargement scheme similar to the 1939 Third Lock Scheme, to allow for a greater number of transits and the ability to handle larger ships, has been under consideration for some time. This has been approved by the government of Panama, and is in progress, with completion expected in 2014” (Panama Canal Authority, 2010). The Third Lock Project cost is estimated at US$ 5.25 billion. And the project will double the canal’s capacity, allowing more traffic and the passage of longer and wider ships. The project is designed to allow for an anticipated growth in traffic from 280 million tons in 2005 to nearly 520 million tons in 2025. The expanded canal will have a maximum sustainable capacity of about 600 million tons per year. Tolls will continue to be calculated based on vessel tonnage, and will not depend on the locks used. The new locks are expected continued on page 39 14 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO More seafarers have no access to shore leaves; Flag states and shipowners violating MLC 2006 by Joana Chrystal Ventura D espite the Maritime Labour Convention, 2006 (MLC, 2006) stipulations for seafarers’ access to shore leaves, the 2014 Seafarer Shore Leave Survey conducted by the Seaman’s Church Institute (SCI) reveals that the number of seafarers being denied this much-needed respite has actually increased. The SCI’s Center for Seafarers’ Rights reported that the overwhelming cause for shore leave denial was due to lack of visas, which should have been provided by the shipowners to every member of their crew as mandated in Standard A1.4 Section 5(b) of the MLC, 2006. It is well-documented that shore leaves have a significant positive effect on the safe and efficient operation of a vessel; thus, the SCI’s findings have implications which go beyond missed opportunities for rest and recreation. The SCI’s Center for Seafarer Rights collected data during the week of May 18-24, 2014. Within this period, port ministries in 27 US ports visited a total of 416 vessels with approximately 9,184 crewmembers onboard. The crew represents roughly 60 nationalities including Filipinos, Chinese, Ukrainians, Russians, Indians, and Burmese. Of the 416 vessels surveyed, 97 vessels (or 23.3percent) had at least one seafarer onboard who had been denied shore leave, compared to the 2013 figure of only 17.8 percent. Meanwhile, of the 9,184 seafarers included in the survey, 1,030 of them were denied shore leave, roughly 11.2 percent for 2014 compared to the 2013 figure of 9.1percent. The chief reason for shore leave denials is the lack of US visas (86 percent), followed by terminal restrictions (7 percent), vessel operations (7 percent) and restrictions by the U.S. Customs and Border Protection (less than 1 percent). Another interesting finding in the SCI’s 2014 survey was that in reports which indicated the seafarers’ nationalities, more than 49 percent of those denied shore leave due to lack of visas were Filipinos. This is hardly surprising as the Philippines remains the world’s biggest source of maritime workers. The SCI has been conducting these annual surveys for the past 13 years. This is the first year that the survey has been conducted after the MLC, 2006 has been implemented in 37 countries. Seventy-nine percent of seafarers who were denied shore leave for lack of visa are crew members on ships registered in countries where the MLC, 2006 is in force: Antigua and Barbuda, Bahamas, Cyprus, Greece, Liberia, Malta, Marshall Islands, Panama, the Philippines and Singapore. The disappointing results, therefore, are even more serious because they provide evidence that these flag states are not verifying shipowner compliance before issuing Maritime Labour Certificates. Shore leaves are crucial to seafarers’ health and well-being— two critical factors which impact performance and safety at sea — which is why it is actually in the best interest of shipowners and maritime officials to ensure that crew members have access to some downtime when their vessels are in port. Yet, it can seem like shore leaves are becoming undeservedly difficult to enjoy, even for some seafarers who are fortunate enough to obtain visas in countries where they are docked. For one thing, gaining access to areas outside the port can be an expensive and time-consuming process. Often, a seafarer must pay a private company for escorted transport from the docked vessel to the shore and then back. Seafarer welfare organizations like the SCI do provide this service without charge but not all ports have seafarer welfare organization presence. And sometimes, terminal operators will actually restrict the organizations’ access to docked vessels, citing security reasons. There were also some seafarers who were not able to go ashore because of the brief time that their vessels spent in port. When combined with the various operational requirements that can only be performed when docked plus the myriad of paperwork that needs to be completed, there is simply not enough time to take care of duties and still have time continued on page 24 www.marineinsight.com Reason for denying Seafarers for Shoreleave Source: The Seaman’s Church Institute Center for Seafarers’ Rights 2014 Shore Leave Survey Nationalities denied by Shore leave Source: The Seaman’s Church Institute Center for Seafarers’ Rights 2014 Shore Leave Survey SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 15 from page 3 Number of compliant local ships surging PH marks 1st year of MLC 2006 with.... Inspection continues Baldoz said the inspection will cover the 8,981 Philippine registered ships in domestic shipping except warships, naval auxiliaries, government ships, and fishing vessels. DOLE and its partner organizations have earlier prioritized the two-phase evaluation of Philippine-registered ships (PRS), which travel in international waters. “We are almost over with the overseas (ships). We are now focusing on domestic ships,” Baldoz said. Baldoz said 140 PRS have presented the necessary MLC requirements and have been issued with the Declaration of Maritime Labor Compliance (DMLC) by DOLE for the first part of the evaluation. She said another 96 PRS have completed the assessment and received their Maritime Labor Certificate (MLC). Baldoz said the 40 domestic vessels were awarded CoC at the program celebrating the first year of the entry into force of the MLC of 2006. “Ensuring compliance with all labor laws, including with safety and health standards, are pursuant to our obligations under the Maritime Labor Convention, 2006, and national issuances, such as D.O. No. 129, or the “Rules and Regulations Governing the Employment and Working Conditions of Seafarers Onboard Ships Engaged in Domestic Shipping, and the new LLCS,” said Baldoz in her message beamed from Claver, Surigao del Norte, via the social app, Facetime, to the audience in the program at the AMOSUP in Intramuros, Manila. The 15 shipping companies issued the CoC were as follows: (1) Buenos Aires Lighterage, Inc. (with one vessel); (2) Christie Transport, Inc. (one vessel); (3) F.I.C. Marketing Co., Inc. (four vessels); (4) Herma Shipping And Transport Corp. (eight vessels); (5) International Tankers Corp. (one vessel); (6) Islands Integrated Offshore Services, Inc. (six vessels); (7) Loadstar Shipping Co., Inc. (two vessels); (8) Moreta Shipping Lines Inc. (two vessels); (9) Ocean Bees Inc. (four vessels); (10) Petrotrade Phils., Inc. (four vessels); (11) Recto Cifra Agro-Industrial Inc. (one vessel); (12) Resins Incorporated (one vessel); (13) Sealoader Shipping Corporation (two vessels); (14) Siment Transport, Inc. (one vessel); and (15) Swordfish Marine Services Corporation (two vessels). Two domestic shipping companies, the Therma Mobile, Inc., with four vessels; and Phil. Ecology Systems Corp., with two vessels, or a total of six vessels, have also been issued CoC for their ships but they were not present during the awarding rites. Of the 40 vessels issued their respective CoC, only two are registered in the Port of Cebu. The rest are registered in the Port of Manila. The CoCs were issued to the vessels after the conduct of a joint assessment, one of the mechanisms that the DOLE uses under the LLCS. During the process, management and worker representatives sit down with the DOLE to assess compliance, with the latter informing the former about the various labor laws, including the safety and health standard regulations, that the shipping company ought to comply. If deficiencies or gaps in compliance are discovered during the assessment, a plan of action is formulated to correct the gaps or deficiencies. The DOLE teaches the company and the workers on how to comply. After the gaps or deficiencies are effected, the DOLE issues a CoC to the company. The labor chief has empha- sized the seriousness of the DOLE in accelerating implementation of the new LLCS by going around the country’s regions observing the joint assessment of establishments conducted by the DOLE regional offices. “Voluntary compliance fosters harmonious workplace relations and is generally good for business. It leads to productivity and profitability,” she stressed. “With these developments, we are on track in the implementation of the MLC 2006, the vital instrument which affords protection to approximately 368,158 overseas Filipino seafarers,” she added. The MLC of 2006 requires the 61 International Labor Organization (ILO) member states, which include the Philippines, to comply with the stipulated “comprehensive welfare and protection” for seafarers worldwide. As the country’s fate before the European Union’s EMSA hangs in the balance, the initial robust compliance to MLC of 2006 should somehow improve the country’s image as a maritime player that supplies one third of the global fleet. 16 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO VAST HORIZON C/ENGR. RODOLFO B. VIRTUDAZO Outstanding Seafarer of the Year, NSD, 1998 Most Outstanding Marine Engineer Officer, PRC, 1999 Technical Superintendent ABACUS Ship Management Limited E ver since I learned from a doctor-friend that coffee is good for the body, foremost of which is its being antioxidant, I have become a coffee lover. In fact, I buy a sample or two from countries that I have been to. I get to enjoy its rich aroma in my cabin because I see to it that I bring my own little coffee maker wherever I go. It is securely packed in my suitcase among my layers of clothes that serve as a cushion especially for its delicate glass pot. I love to have a sip of hot brewed coffee in my cabin and enjoy its sweet and rich aroma in-between encoding tons of reports and plans for the engine department. For whatever substance it may have, coffee has some sort of potential element that stirs the fecund mind and seemingly stretches my capacity to be prolific and poetic amidst the technical writing that I usually deal with. Decades ago, coffee had been labeled “unhealthy.” But now, it is touted as a super food. It was found to be loaded with antioxidants and caffeine that have health and, hold your breath, anti-aging benefits. Antioxidants help the body repair cells caused by free radicals (which are produced as a byproduct of cells just doing their daily thing). Caffeine on the other hand, has been shown to help improve a range of symptoms and reduce the risk of chronic illnesses. I have scoured the Internet and different studies and trusted links say that coffee can help in the prevention and treatment of diseases and illnesses: Alzheimer’s disease, diabetes, liver disease, skin cancer, cirrhosis, Parkinson’s Dis- Nothing tastes better than a brewed coffee ease, colon cancer, and many more. It can even relieve headache and asthma probably because of caffeine. And believe it or not, it has anti-bacterial and anti-adhesive properties that may help in cavity protection. As Brillat-Savarin has observed, “Coffee sets the blood in motion and stimulates the muscles; it accelerates the digestive processes, chases away sleep, and gives us the capacity to engage a little longer in the exercise of our intellects.” Brillat-Savarin owns the famous saying, “Tell me what you eat, and I will tell you what you are” which we are all very familiar with. From mere “black coffee,” or “coffee with sugar and cream,” I have expanded my literacy regarding the kinds of coffee drinks, i.e., “Americano, a shot in the dark, café au lait, caffe latte, café breva, café machiatto, cappuccino, double or double shot, and dry cappuccino.” During my technical inspection on board MV JEAN LD, one of our ports of call was England. Of course, it was a good chance to go buy some English coffee and so I thought. Look what I got: Douwe Egberts & Simon Levelt ground coffee rich roast (strength 4) – the perfect after dinner coffee inspired by the Italian tradition for rich, full-bodied and luxurious blends. H’mm… another bag of coffee read: “For those who are looking to create a little piece of Italian style at home, our Espresso is the ideal blend. The luxurious, smooth, chocolaty flavor makes a deliciously rich and powerful espresso or you can just add frothed milk for a creamy cappuccino or latte. And so Espresso ground coffee dark roast (Strength 5) was added also in my cart. Where does the best coffee in the world come from? According to the World Coffee Review, “The coffee from Brazil is world famous for a good reason—it is nothing short of stellar. None more so than the Brazil Bourbon Santos. Brazil is the world’s largest coffee bean producer. America - Though not grown in the U.S. there are several blends that have a distinctive American style. Made to be enjoyed with a traditional breakfast, they complement rather than compete with the feast. These brews are from a blend of medium roasted, medium ground Colombian and Central American coffee beans. Smooth, light on the acid and delicate bodied, they will complement rather than call attention to themselves. Steep & Brew offers a clean, fruity option, as does the Madrugada blend from Flying Goat. The Supreme Bean offers a sweet, chocolaty blend that will be perfect with morning pancakes. Ethiopia - Legendary home of the Arabica tree, which produces the berry that contains the coffee bean, Ethiopia is making strides in producing a fine brew. The Coffee Klatch from the Yirgacheffe region is a dark, dark coffee with fruit overtones for those who enjoy a bold brew. The Counter Culture of the Sidamo region is a dry processed bean that will invariably make samplers think of its sun drenched home. For those seeking a delicate espresso, the Belle Espresso from Coffee Klatch may be just the right thing. A blend from five different regions, the profile is complex and entrancing. Nicaragua - The Madriz from this Central American small but mighty powerhouse of coffee producers, will be a welcome addition to the table. Hailing from Terroir Coffee, its pungent bouquet and full body will have you asking for a second cup. Panama - A small roaster in Portland, Oregon has shown us how to find the best of Panama. Stumptown Coffee Roasters offers a bean from the Don Pachi Estate that will be perfect in a French press. From the Geisha trees of the Boquete region, this flowered and fruity brew is lightly acidic and goes down smooth. Hawaii - The JavaBerry Black Estate Reserve is all the excuse you need to visit this Pacific island. From a blend of Kona Peaberry and Kona Extra Fancy, it offers a smooth, full-flavored balance. This one is for those who love their coffee straight. Sumatra - Indonesian coffee is not for everybody. Now more expensive, it often has a tartness that some find off putting. But coffee aficionados could do no better than the Organic Sumatra Reserve. With hints of chocolate, this medium bodied brew is sweeter than average. Fruity overtones with a thick aroma give it that South Pacific character that makes one think of tropical isles and cool breeze rather than the steamy jungles of its home. Having come home from my ship visit in The Netherlands with some bags of coffee in tow, I realized that nothing tastes better than a coffee brewed right in our own breakfast nook. 18 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO PISOBILITIES FRANCISCO J. COLAYCO Chairman, Colayco Foundation for Education Entrepreneur, Venture Developer and Financial Advisor Pagbabalik sa pagka-OFW S i Ginoong HA ay sumulat sa akin: Hihingi lang po sana ako ng advice para maging guide ko next year. Dati akong seaman at nanilbihan ako sa barko sa loob ng limang taon. Tatlumpung taon na ako ngayon at limang taon na akong single. Napansin ko sa mga pasahero namin na tuwing holiday o kahit birthday lang ay kasama nila ang pamilya nila. Doon ay nakita ko ang isang bagay na wala ako. Ang makasama ang aking pamilya. Napansin ko din na karamihan ng aming mga pasahero ay may sariling negosyo. Isa po sa mga pasahero namin ay nakausap ko at sinabi niya sa akin na “working for your self is priceless.” Sa puntong iyon ay nagdesisyon ako na huminto sa pagtatrabaho sa barko para subukan ang aking swerte sa Pilipinas sa pamamagitan ng pagsisimula ng sarili kong negosyo. Nagsimula po ako ng isang negosyo na may malaking pag-asa na kaya kong palaguin ang konting puhunan na limang taon kong inipon sa barko. Pumasok ako sa trading and retailing ng basic commodity (“panluto”). Sa unang taon ay nagawa kong kumita nang katamtaman pero sa sumunod na taon ay halos nawala ‘yung mga customer ko. Doon ko nakita na sa ganitong klase ng negosyo ay walang “customer loyalty.” Kung sino ang may mas mababang presyo ay doon sila, kahit na maganda ang pakikisama mo sa kanila. Kadalasan, ang transaksyon dito ay second endorsement check ang binabayad. Mahigpit pong itinuro ng aking tiyo na huwag akong papasok sa ganoong transaksyon para makaiwas at hindi maipit sa tinatawag na “bridge of no return.” Dalawang taon na ang nakalipas, wala akong naipon dahil halos ‘yung kinikita ko sa trading at retailing ng panluto ay nagagamit ko sa pang araw-araw na gastusin. (Base sa libro, dapat hiwalay ang pera sa negosyo mula sa personal na pera). Dito ko din nakita na mahirap sumabay sa malalaking kumpanya na nagdi-distribute ng panluto dahil kahit pareho kami ng source ay may mas malaki silang discount na nakukuha sa planta. Isang advantage nila ito kung bakit sila ay kadalasang mas mababa ang price; hindi katulad ko na umaasa lang sa pagpo-forecast ng price kung tataas o bababa. Kung ma-forecast ko ng maganda, dun lang po ako nakakalamang sa kanila at nagagawa kong makapag-offer ng mas mababang presyo, pero hindi ito palagi. Kaya hindi ko pa rin ma-maintain ang mga customer ko. Ngayon po, Sir, nag-iisip ako na bumalik na lang sa barko at at saka ko na lang babalikan ang pagnenegosyo. Sa barko kaya kong kumita ng mahigit Php50,000 na hindi ko magawang kitain sa trading ng panluto. Ang plano ko ay i-secure muna ang mga basic needs ko tulad ng bahay, emergency funds etc. Ngunit sa computation ko kung babalik ako sa barko ay baka mahirapan na akong tumigil. Iniisip ko pa naman sana na pagkatapos ng dalawang taon ay posibleng makapag-asawa na ako, at magkaroon na ng anak. Dahil dito ay mas madadagdagan pa ang obligasyon ko. Kaya ang pagnenegosyo na pinapangarap ko ay mas matatagalan pa. Sir, ang goal ko ay maabot ang financial freedom sa edad na 40 at maabot ang tagumpay ng aking negosyo sa edad na 35. Iniisip ko ring pumasok sa isa pang negosyo at ilagak ang natitira kong ipon na Php 1 milyon na lamang. Ito na lang po ang huli kong ipon. Plano kong pumasok sa pagsu-suply ng raw materials para sa mga feed mills pero base sa research ko, ang halaga ng dapat na i-supply kada transaksyon ay aabot sa Php 500,000 kasi bulk po sila kung mag-order. Kung magawa ko mang makapag-supply ay may magiging problema pa rin ako dahil kadalasan sa feedmills ay 30 days ang terms. May possibility na yung 30 days ay ma-extend pa. Kaya ko lamang pumasok sa isang transaksyon kada buwan kung susuwertehin at kung mamalasin ay pwedeng malugi ako at mabawasan pa ang capital ko. Sa franchising naman ng mga small food cart, may posibilidad na kumita ng Php 1,000 daily net; ang problema ko lang po ay humanap ng magandang lokasyon. Kapag kumikita na ang foodcart ay magtatayo ulit ako ng ilan pa para maabot ko ang limang iba’t ibang food cart (na base po sa libro nyo ay mas advisable na magkaroon ng higit sa isang foodcart) pero bago ko po ito mapalaki ay kailangan ko pang bumilang ng dalawang taon para maabot ko ang target income na at least Php80,000 kada buwan. Maaari din akong mag-fran- chise ng lotto outlet, kaya nga lang ay mukhang hindi kikita ang lotto kung hindi maganda ang puwesto. Sir, ako po ay naguguluhan ngayon kaya sumulat ako sa inyo. Umaasa ako na mabibigyan ninyo ako ng panahon para tulungang maliwanagan at makita kung ano ang dapat kong tahakin sa susunod na taon. Sabi sa akin ng isang pasahero sa barko, dati lang daw siyang empleyado pero ngayon ay may-ari na siya ng isa sa mga pinakamalaking construction firm sa Israel. Ang advice niya po sa akin ay huwag daw akong mahiya na lumapit, magtanong at humingi ng advice dahil iyon ang ginawa niya continued on page 38 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO The Never-ending Path to Justice: Families of MV Princess of the Stars Tragedy File Appeal 19 by Joana Chrystal Ventura L ast August 11, the families of the victims in the 2008 Princess of the Stars tragedy filed a motion for reconsideration (MR) in the Supreme Court (SC). The 32-page MR petitions SC to overturn its decision clearing shipowner Edgar S. Go of any criminal liability for the sinking which caused the death of more than 300 passengers and hundreds more missing up until this time. Representatives from the United Filipino Seafarers (UFS) were on hand to lend support and assistance. The SC Second Division, in its July 2 ruling, upheld former rulings by the Court of Appeals (CA) dated March 22, 2013 and January 8, 2014. The SC ruled that Go’s liability is civil rather than criminal. The SC explains the basis for their distinction: “The shipowner’s liability for the death or injuries to passengers resulting from the negligence of the ship captain, with or without concurring negligence on the part of the shipowner, arises from the contract of carries, hence civil in nature.” Public Attorney’s Office (PAO) chief Persida Acosta, as legal representative for the victim’s families, filed the motion in response to this decision. The petition stated their appeal as thus: “The court cannot turn a blind eye on the criminal liability, under Article 365 of the Revised Penal Code, of shipowner who, by his own acts and omissions, cause significant damage against the life and property of another—just because he is a shipowner. The petitioners state: “The liability of respondent Go is not premised on his mere ownership of Sulpicio Lines Inc., but on his management and control over SLI’s vessels and employees.” Go, at the time of the tragedy, was also the Vice President for Administration; the petitioners insist that Go was fully aware that the vessel Princess of the Stars was sailing on a course that brought it squarely within the danger zone of Typhoon Frank. The vessel captain, Florendo Marimon, has been squarely blamed by Sulpicio’s management for making the fatal error which also led to his own demise. Despite years of maritime experience under his belt, it seems that Morimon made the foolish — and costly—decision not to alter the ship’s regular route as it sailed from Manila to Cebu even though he initially notified the Philippine Coast Guard (PCG) of an continued on page 37 20 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Maritime Piracy Humanitarian Response Programme: Who we are,Why we exist and What we do by Pao Villavicencio F rom the time when nearly 80,000 crew members and more than 3,000 ships have been seriously exposed to pirate attacks and armed robbers in 2003 in the South China Sea, Malacca Straits, and Caribbean, piracy has even more increased farther off the Somali Coast into the Indian Ocean. From 2007 to 2011, pirate activity off Somalia has augmented to 3,322 seafarer hostages out of a total of 3,967 seafarers worldwide. The extent of piracy over a period of 10 years was the massive concern and anxiety shared to all seafarers and families. Filipino seafarers’ vulnerability on piracy For the Philippine government, maritime piracy is a serious issue. In as much as the Philippines is the vessel-manning capital of the world, supplying one-fourth of the total seafarers globally since 1987, there is a high possibility that Filipino seafarers will be the first victims of piracy crises at sea. True enough, about 512 Filipinos had been held for ransom by Somali pirates since 2008. To date, there are five Filipino seafarers who are still held hostage in Somalia from the 369,104 Filipino seafarers deployed in 2011. Fears and distress of sailing in high-risk areas, together with a large number of affected families are some of the many effects of piracy incidents to the Filipino seafarers. Thus, the concern for intervention and the need for appropriate and immediate humanitarian responses are highly looked-for. MPHRP Profile Given the copious concerns worldwide, especially in the Philippines whose seafarers are most vulnerable to such threat, a charitable, non-political, not-for-profit organization, the Maritime Piracy Humanitarian Response Programme (MPHRP) was established in late 2010 and formally launched in September 2011 to fulfill its one aim: “to assist seafarers and their families with the humanitarian aspects of a traumatic incident caused by a piracy attack, armed robbery or being taken hostage.” MPHRP is a pan-industry alliance of ship owners, managers, manning agents, insurers, maritime unions, professional and welfare associations (faith and secular-based agencies) all working together to address the three phases of pre, during and post piracy incidents. MPHRP Programs and Services In the Philippines, Filipino seafarers contribute largely to the economic growth of the country and on world trade. Indispensable enough, these “unsung heroes” at sea also play an important part in critical situations that might occur on board when piracy takes place, of which appropriate measures are integral to their well-being, welfare and their families. MPHRP is solely committed to provide direct support to our seafarers and their families who are threatened or affected by piracy. Assisting seafarers BEFORE the crisis Seafarers Pre-Departure Piracy Awareness Training To be able to prepare our seafarers and their vessels in the unlikely event of a piracy attack, aside from the latest information on piracy and armed robbery world-wide that they should be aware about, this training covers Best Management Practices (BMP) and the humanitarian response to piracy attack or armed robbery. Train the Trainers Course Equipping trainers, this course is aligned with the Seafarers Pre-Departure Piracy Awareness course. Only intended for experienced maritime trainers with knowledge on IMO guidance, BMP and MPHRP Good Practice Guides, this seminar is delivered by MPHRP experts to training institutes and systems in different parts of the world in assisting and providing them the necessary information on piracy worldwide to prepare their own trainings for seafarers. Welfare Responders Course In dealing and responding to the welfare of seafarers who fear piracy or with experience in piracy, this training will prepare trainers to deliver a port-based and a community-based training in their respective regions. To be conducted by MPHRP trained trainers in ports and in communities, this consists of an awareness-raising event, a basic response training (a structured workshop consisting of basic information, case studies and exercises) and an in-depth welfare responders training for chaplains and welfare workers in developing their professional skills as welfare providers for the seafarers. Assisting seafarer families DURING the crisis Reassurance sessions As soon as pirate-captive seafarers are identified, MPHRP visits their families at home and gives them the assurance that the organization is doing its best to get their loved ones safe back to their country of origin and that there are also MPHRP counterparts in certain regions who coordinate for their immediate release. Giving comfort, MPHRP regularly calls the family to check on them and when there is time and opportunity in visitations, the organization invites and brings along willing seafarer survivors to empathize with the family while sharing their previous encounter and how they are able to cope with the experience. Financial aid through MPHRF In most cases, there are seafarers who are the breadwinners for their large extended families but once held captive, these families struggle to cope with finances. Support will cease especially when the ship owner will not provide any financial assistance to them during captivity. Same abandonment is experienced by some seafarers who have returned home after being held hostage. They struggle to get on with their lives and to find appropriate alternative employment. In worst situations, there are widows and families who have never received anything as there is no insurance cover and some ship owners have just walked away and let them. A little financial support for them to recover is thus needed. SEPTEMBER - OCTOBER 2014 MPHRP, together with its partners in the insurance and maritime industry, has launched MPHRF (Fund) to provide limited monthly monetary aid to them in continuing with their children’s education, medical care and counselling (for those who are badly traumatized), travel costs, house rent and even food to keep them alive (in extreme cases). Assisting seafarers AFTER the crisis Coordinating family reunion In guaranteeing the families that MPHRP provides moral support to them, MPHRP coordinates with families and relatives about the release and repatriation of their loved ones. Together with the families, MPHRP welcomes the seafarers in the airport and attends to their needs, if there’s any. Facilitating debriefing sessions MPHRP contacts psycho-social providers who will conduct the debriefing sessions through proper coordination with their manning agencies. While making sure this is done, MPHRP listens to their stories and empathizes with them Extending in medical needs MPHRP reaches out to the medical needs of the seafarers and even their families in cases of abandonment of the manning agency. In circumstances when the agency provides the assistance, MPHRP facilitates through extending transportation allowances to them. Promoting social justice MPHRP does not engage in legal issues and matters. MPHRP acts in mediating affected seafarers to their manning agency for the purpose of clearing any dispute that has to be dealt orderly and professionally while also avoiding the involvement of ambulance chasers. Teaching financial literacy and livelihood Teaching financial literacy and livelihood to the seafarers and families is an add-on service that MPHRP can provide. Inasmuch as most of our seafarers find it hard to manage their money well, stewardship teaching is relevant although this has to be coordinated with some of our partners in the industry. Helping in the re-employment after recovery To break the notion that piracy survivors are considered, in a sense, as ‘damaged goods,’ MPHRP facilitates in their re-employment after they have TINIG NG MARINO recovered from their traumatic experience MPHRP believes that they are worth the money to spend and are important individuals who need the attention and care they deserve as people. Given that, their dignity, self-esteem and confidence will then be restored. Giving the oppressed a reason to celebrate A celebration gathering highlights a thanksgiving spirit after all the hardship and strife on piracy incidents. MPHRP invites the seafarers and their families in a celebration meal to make them feel significant and not abandoned. Building alliances and information sharing As MPHRP becomes known worldwide, continuous harmonization and networking with key government agencies, unions and the maritime industry make the program effective and efficient to raise awareness among all seafarers and families. Such participation and contribution are vital to help MPHRP consistently identify the survivors and families affected by maritime piracy. Their continuous support will also beneficial to those who need employment after their ship owner abandonment and will 21 therefore provide MPHRP the opportunity for after care services. Capability building Being a non-governmental organization, capability building entails continuous growth among the whole team, together with volunteers, in providing excellent and extra-mile services to the seafarers and families. Communication enhancement, psycho-social knowledge and maritime law understanding are some of the examples. The Programme exists as long as there are seafarers who need help and assistance before, during and after piracy incidents, providing them the necessary care and attention they deserve, not just for their welfare and well-being, but also for their families. MPHRP is steered by Dr. Peter M. Swift, chair of the Board of Directors. It is managed by a team of experts in Europe: Roy Paul, programme director; Hennie la Grange and Toon Van de Sande, assistant programme directors; and Alex Wallace, programme manager. It is also staffed and assisted by Regional Directors in India/South Asia, Chirag Bahri; in the Philippines/ Southeast Asia, Rancho Villavicencio; and in Ukraine/CIS & Baltic countries, Alexander Dimitrevich. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Southeast Asia Well-Suited for Small and Mid-Scale LNG Project Developments S 23 by Engr. Ryan Anthony R. Mercene, MBA outheast Asia is one region in the of size of around .5 world where the resources of natuMMtpa is sensible to ral gas are bountiful. The Internationavoid unit cost disadal Energy Agency (IEA) identified vantages. Small scale Indonesia and Malaysia to be among LNG chain is price the top five largest exporters of Liqcompetitive against oil products. An illustrauefied Natural Gas (LNG) worldwide. Brunei and Myanmar are the tive cost structure – other two countries exporting LNG. covering liquefaction, The challenge comes in its extraction shipping and regasifiparticularly the natural gas which is cation – for such a debelieved to be consumed at approxvelopment and with a imately 4.98 trillion cubic feet (Tcf). delivery distance of less Oil still remains the dominant fuel than 621 miles (1,000 followed by natural gas accounting kilometers) to the marto 117.4 million tons of oil equivalent ket, would amount to Petronas in Malaysia (MMtoe) of the region’s energy mix just over $8 per million three years ago. The eastern part of the archipelago utilizes gas as a British thermal unit (MMBtu), far below over $20 The locations of gas fields stretch distances main substitute for diesel providing the 808 Mega- MMBtu for liquid fuels.” far away from the actual demand centers making watts of power generation. Eight small scale LNG LNG poses to be a clean fuel. However, it difficult to sustain the ever growing domestic terminals are intended to be constructed by 2015. the development of a large-scale LNG is directly needs. Certain infrastructures and facilities would John Sattar of the LNG & Natural Gas Con- proportional to an increase in cost for potential have to be built pertaining to terminals for liquefac- sulting Group, Poten & Partners explained, “South- consumers. The increasing demand for fossil fuel tion, transmission. Enormous funds are needed for east Asia, especially Indonesia, is ideal for small to has been accelerated further because of the ever this to become a reality. mid-scale LNG developments with a capacity of .5-1 growing consumption of energy. Therefore, the Donggi Senoro LNG plant found in Indo- MMtpa as there is a large, dispersed population and development of small and mid-scale LNG projects nesia shall commence operations by 2015. The archi- a lack of gas pipeline interconnections. A minimum in Southeast Asia would definitely be feasible. pelago has three main liquefaction terminals which are currently operational. They are found in Arun in Sumatra, Bontang in East Kalimantan and Tangguh in West Papua. Production reaches a total of 43.9 million tons per annum (MMtpa) capacity. Finding the ways and means of gas extraction is the concentration of potential business investors. However, the cost is a factor that causes a major hindrance to this desire. Marcus Lang and Marc Schier who are both from the Engineering Division of Linde AG said, “Only a limited number of national and international oil and gas companies The Negros Maritime Foundation Inc. celebrated its 20th anniversary last August 4 to August 7, worldwide have sufficient expertise and financial 2014 with 2,000 guest coming from all over the country. strength to lead a world-scale LNG development.” The celebration of frolic and fun and parlor games lasted for one week and culminated on the eve Numerous countries are now looking of the birthday celebration of the “Iron Lady” and founder of NMFI, Capt. Edith Vera. into building and acquiring facilities for Floating Liquefied Natural Gas (FNLG). According to the IEA, there is a growing need for the expansion of transmission infrastructure or LNG liquefaction projects. The main reason is for the gas to be shipped to terminals where the regasification takes place. The Indonesian archipelago is the best potential target in the Southeast Asian region for the development of the small to mid-scale LNG projects simply because of its untapped stranded resources of gas. This runs all the way from Sumatra in the west extending up to West Papua in the east. LNG plants and floating storage regasification units (FSRU) in Indonesia make it an ideal candidate for small to mid-scale LNG developments. NMFI 20th Year 24 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Solons seek probe of MARINA’s failure to collect oil pollution fund from oil tankers despite oil spill incidents by Rowena B. Bundang, Media Relations Service-PRIB T wo lawmakers are calling on the House Committees on Good Government and Accountability, and Transportation to jointly probe the failure of the Maritime Industry Authority (MARINA) to comply with its mandate to collect and administer the Oil Pollution Compensation Fund from oil tankers despite the increase of oil spill incidents in the country. The inquiry was sought by Bayan Muna Reps. Neri Colmenares and Carlos Isagani Zarate through House Resolution 1198, which states that MARINA is mandated under Republic Act 9483, otherwise known as the “Oil Pollution Compensation Act,” to collect from oil tankers 10 centavos per liter of their cargo as seed money to an oil pollution fund. Republic Act 9483 adopts and implements the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992 International Convention on the Establishment of an International Fund for Compensations for Oil Pollution Damage. Crafting of RA 9483 was prompted by the 2006 Guimaras oil spill incident, according to the lawmakers. Hon. Neri J. Colmenares said Section 22 of RA 9483 provides that MARINA is mandated to collect from oil tankers 10 centavos per liter of their cargo as seed money to an Oil Pollution Management Fund (OPMF) to be administered by the agency. “Despite the increase of oil spill incidents since the 2006 Guimaras Disaster, particularly the massive oil spill that has swathed the town of Estancia in Iloilo, MARINA has yet to formulate the Implementing Rules and Regulations (IRR) for the OPMF under Section 22 of RA 9483 seven years after the law became effective,” said Colmenares. Colmenares said MARINA should also have compromised a lesser amount of contribution from oil shippers to ensure there would be a fund to clean up the oil spill and provide relief and compensation for its victims. “There should have been a compromise on the amount despite the disagreement between MARINA and the oil shippers on the minimum and maximum value of contributions and how long they would contribute to continue the fund since oil shippers contend the 10-centavo per liter contribution is high,” said Colmenares. Under the law, the OPMF shall be used, one, for the immediate removal and clean up operations of the Philippine Coast Guard (PCG) in all oil pollution cases, according to Colmenares. Secondly, he said the OPMF shall fund research, enforcement and monitoring activities of relevant agencies such as the MARINA and the Philippine Ports Authority (PPA), and other ports authority of the Department of Transportation and Communications (DOTC), Environmental Management Bureau (EMB) of the Department of Envi- Philippine Coast Guard cleaning up the massive oil spill in Estancia, Iloilo ronment and Natural Resources (DENR) and the Department of Energy (DOE). C o l menares said 90 percent of Cong. Neri Colmenares Cong. Carlos Isagani Zarate the OPMF shall be maintained annually for the ac- haulers, he explained. tivities set forth under containment For the succeeding fiscal and clean-up activities, and that any years, Zarate said the amount of conamounts specifically appropriated tribution shall be jointly determined for the OPMF under the General by MARINA, other concerned govAppropriations Act (GAA) shall be ernment agencies, and representused exclusively for such activities. atives from the owners of tankers, Hon. Carlos Isagani T. Za- barges, tankers haulers, and ship rateZarate said that under Section hauling oil or petroleum products. 22 of RA 9483, the OPMF shall be In determining the amount of conconstituted from contributions of tribution, he said the purposes for owners and operators of tankers which the fund was set up shall aland barges hauling oil or petrole- ways be considered. um products in the country’s water- Zarate said the OPMF shall ways and cost wise shipping routes. also be constituted from fines imDuring its first year of existence, the posed pursuant to RA 9483, grants, OPMF shall be constituted by an donations, endowments from variimpost of 10 centavos per liter for ous sources, domestic or foreign, and every delivery or transshipment of amounts specifically appropriated for oil made by tanker barges and tanker OPMF under the annual GAA. from page 14 More seafarers have no access to... for recreation. This complaint is consistent with the findings published last October by the Danish Maritime Authority (DMA with the support of InterManager, a ship manager trade association in Denmark. It’s not uncommon for certain categories of vessels to stay in port for merely a few hours. Unlike general cargo vessels which remain docked for one week or even longer, PANAMAX bulk carriers typically remain only 10 hours in port, while many container ships will only rest for three to four hours just to give the crew enough time to load and unload. There are simply too many tasks to finish in record time: preparation and participation in inspections (Port State Control, flag state control and/ or class inspections, MLC inspections, vetting inspections); paperwork and mandatory deck watch duties; completion of port and pre-arrival documents (crew and passenger lists, vessel stores, port calls, health declarations, etc.) in addition to any repairs and maintenance jobs that may be required. Engine personnel, especially, have no more time to disembark. For crews manning vessels on so-called mosquito runs, working round-theclock has become routine. Sadly, despite legislation and international treaties that are supposed to protect the seafarers’ welfare, many are still working under conditions that would be considered criminal for their counterparts. Can you imagine asking truck drivers to cover back-toback routes for months at a time? How about asking airline pilots to stay on their craft for several weeks? Considering the elevated levels of fatigue and stress that have become the norm rather than the exception for many crew members, it is rather remarkable that the maritime industry has managed to achieve its current standards of safety and efficiency. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 27 Cyprus Shipping Propels Economic Recovery by Engr. Ryan Anthony R. Mercene, MBA C yprus, the beautiful island country in the eastern part of the Mediterranean marvelously sprang a 5.1 percent growth in its Gross Domestic Product (GDP) this year having an additional 2 percentage points to the national output brought by its maritime industry, particularly the ship-management sector. It is a well-renowned major shipping hub and international business center strategically located at the cross-roads of Europe, Asia, and Africa. Cyprus obtained 48 percent revenue generating approximately EUR 200 million from Germany, its largest maritime partner in the maritime industry which occupies 53 percent of the ship management business in the island country. Crew management remains to be the preferred service provided to the German ship owners. Eight percent of the maritime revenues are from Poland, 6 percent from Curacao, 5 percent from Holland, 4 percent from Singapore, 2 percent from Russia, 2 percent from Norway, and 2 percent from the Marshall Islands. The Cypriot maritime industry has 155 major shipping companies owning or managing 2,300 vessels with an output of 50 million gross tons. Cyprus ranks the third biggest maritime country in the European Union and the second biggest in ship management in the world. There are approximately 4,500 people in all services and 55,000 seafarers on cargo as well as passenger ships globally. Apart from Germany, Cyprus has other maritime partners such the Viet- nam-flagged vessels accounting for 6 percent, 5 percent with Russia, 4 percent with Singapore, 2 percent with Greece, 2 percent with Liberia, 2 percent with Italy, and 2 percent with the Netherlands. At the gala dinner held in the Presidential Palace in Nicosia this year, President Nicos Anastasiades stated, “As the shipping sector constitutes a crucial part of our economy and one of the main pillars of growth, there is no doubt that shipping has played a leading role in our effort for recovery. The shipping operational and taxation infrastructure in Cyprus and the Cyprus flag remain intact, fully operational and very competitive.” The island country became a part of the European Union last May 1, 2004 having an “Open Registry” with the hope of accelerating the Cyprus vessel registration. It ranked 10th in the world as far as gross tonnage is concerned with approximately 1,000 ships exceeding 19 million gross tonnage. Logistic chain transformation and strategic alliances between shipping lines and ports are expected along the way as new routes are to be opened because of stiff competition in the industry. Shipping, tourism, financial services play important roles in its capital growth as a nation attracting various investors and property buyers because of its low tax rates. “In the past five years, ship management has been the pillar of our sector’s growth, despite the problems faced in the international markets in 2012 and 2013, especially in the char- tering sector with falling rates driving many shipowners into trouble. Our industry was faced with too many ships and too few cargoes, which result (sic.) in many companies and their fleets being seized by banks. However, this turned out beneficial for Cyprus as our expertise in efficient ship management was an attraction to administrators who wanted a quick return or safe recovery of their investments and many turned to ship management companies in Cyprus,” quoted by Cyprus Shipping Chamber director general Thomas Kazakos at the International Shipping Chambers conference hosted in Limassol this year. The shipping industry of Cyprus developed into an international maritime center in 1963. Ship ownership and the Cyprus flag vessel registration were encouraged by the Cyprus government offering incentives. The geographical positioning of the island paves an excellent hub for international shipping and the development of a high standard maritime structure. Its superb international relations have brought some of the world’s largest international ship management headquarters giving it a promising future and enhancing its reputation as a maritime nation. Director General Thomas Kazakos elaborated, “Ship management, in relations to GDP contributions in Cyprus has grown from 3.8 percent more than five years ago to 4.5 percent in late 2012 and 5.1 percent in the second half of 2013. Add to that at least two percentage points generated from Cyprus-owned vessels and other earnings for the Department of Merchant Shipping and our sector’s contribution to GDP is a steady 7.1 percent.” Cyprus is indisputably a remarkable country. An island country inhabited primarily by the Greek Cypriots and Turkish Cypriots has the oldest water wells in the world. Uniquely located at the south of Turkey, west of Syria and Lebanon, northwest of Israel, north of Egypt, and east of Greece, it truly is an awesome place to be because of its excellent maritime industry, and wide array of services run by well-educated work force, superb telecommunication network, organized banking system, modern infrastructure, and many others. The high quality of life and low cost of living makes staying in this fascinating island amazingly splendid. 28 TINIG NG MARINO from page 4 SHIPPING ISSUE — NOT OVER and BEYOND such requirements. Moreover, all training providers must be adequately monitored to ensure the following but not limited to: 1.Proper conduct of training includ- ing methodologies in teaching 2.Training and instructions leading to acquisition of outcome based learning 3.Sufficiency of instruction 4.Integrity of assessment and evaluation, and 5.Verification of quality system processes relating to training Furthermore, close scrutiny on compliance issues must also be vigorously pursued such as: SEPTEMBER - OCTOBER 2014 1.Adequate facilities/equipment including their proper maintenance 2.Capability building programs for Instructors 3.Reliability and conformance to set standard 4.Holistic monitoring of training activities and verification of learning outcome 5.Provisions for continual improvement and development, and 6.Conduct of Upgrading and Re- fresher training MARKET DOMINATION We currently enjoy the moniker of being the “preferential choice in manning” and we continue to manifest our dominance in term of numerical presence in global shipping. Such lofty stature is a product of our natural flair for seafaring, our industry, our dedication and capability to fulfill shipboard responsibilities aside from our good grip of the English language. As such, many ship owners, principals and ship managers have openly expressed their preference in employing Filipino seafarers in their tonnages. Henceforth, Filipino seafarers are highly regarded in international shipping as one of the finest and passionate workers at sea. CHALLENGES IN SHIPPING, MANNING Being at the top and sustaining the dominance in seafaring is a constant challenge that we have to bear and cohesively address. As “champions,” we naturally have “challengers”, in which some are almost breathing in our necks. Be it known that many emerging seafaring nations are now vigorously developing their ranks. As we evolve into the modern shipping operations, it does require equally modern operators. Technically advance equipment requires people who are conversant to its functions and operations. Maritime legislations, rules and issuances must be complied and implemented which require thorough understanding and continual updates. The bottom line is “WE MUST NEVER SIT IN OUR PANTS.” We cannot be lackadaisical in our attitude. We cannot assume or presume that we can maintain such leadership by being idle and complacent. More than ever, let us recognize the clear and present challenges in our midst by keeping ourselves attuned to the needs of the ever changing demands in shipping by honing our KNOWLEDGE, UNDERSTANDING, PROFICIENCY, ATTITUDE and LEADERSHIP. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 29 “One Team” Culture Breeds at T eamwork [teemwurk] a Cooperative or coordinated effort on the part of a group of persons acting together as a team or in the interests of a common cause—that is how dictionary best describes the word teamwork. It is the same translation that PACC Offshore Services Holdings Pte Ltd, or POSH uses as a strong foundation of their company. One Team is the emblem of their unity. “One Team to work as one body, We, not You and Me, but we grow as a family, we grow big,” says J.H. Chan, general manager for Crewing, when interviewed at the Traders Hotel Manila, during their POSH Sea Staff Seminar held on August 27-29, 2014. It is a yearly seminar where seafarers and office staff composed of Burmese, Filipinos, Indonesians, Ukrainian, Mexican, Indian and Singaporean merge, crossing barriers of distance, culture and job designation. The first day of the event focused on the company policies, case studies, procurement policies and guidelines. The second and third day emphasized on physical exercises, hand language activity, accountability scale, multiple choice activity, film clips,aerobics, logistics preparation, team outdoor activities, ritual activity, synthesis and integration and award ceremo- ny. POSH conducts three seminars a year in Manila, Philippines and two seminars in Jakarta, Indonesia. In keeping One Team, POSH lays its anchors on developing the “softskills.” Softskills is synonymous to Emotional Intelligence or the so called EQ. Oxford Dictionary describes EQ as personal attributes that enable someone to interact effectively and harmoniously with other people. EQ, also called emotional intelligence quotient, is a measurement of a person’s ability to monitor his or her emotions, to cope with pressures and demands, and to control his or her thoughts and actions. The ability to assess and affect situations and relationships with other people also plays a role in emotional intelligence. “We believe in holistic training. One can bring it anywhere and use it in any situation, part of it is self discipline, accountability, responsibility in actions, respect and trust,” Chan said. When asked about the challenges faced by the company, the crewing GM replied, “Risk management is in our culture. Safety courses are not only offered to senior officers but also to the juniors who will be handed over the tasks soon.” Chan narrated that when he assumed post in 2006 as GM for Crewing, there were only 70 crew members , now rising to 600. He said that the supply of the Filipino seafarers so far is good. They are supporting the training of cadets in Manila, Cebu and Cagayan De Oro cadetship program for selected deck and engine graduates, bring them onboard and sponsor their certificates. POSH was incorporated as a wholly owned subsidiary of Pacific Carriers Limited in 2006 to diversify into the offshore oil & gas industry, and aims to be a fully integrated offshore solutions provider with a range of offshore vessels catering to different phases of oilfield development. Its range of services include Offshore Supply Vessels Transportation & Installation, Offshore Accommodation, Harbour Services & Emergency Response. Its fleet varies such as Anchor Han- dling/Towing/Supply,Platform Supply Vessel, Anchor Handing/Towing /Support,Accommodation Vessels, Towing Tugs, Barges, Harbor Tugs and Emergency Support and Work boat. POSH now emerges as the 5th in the world offshore rank in terms of fleet size. With 110 vessels at present, with 45 % Filipino crew, 40 % Indonesians,and the rest is a mixture of other Asians and some -(Mia Lapis) Westerners. 30 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Still Young At A t 25, German Marine Agencies Inc. (GMA Inc.) considers itself young and still needs to learn more in life. It is no different from the set of its new generation of staff whose future has a lot of more things to offer and has bigger space to move around and grow. It is the same excitement and anticipation that GMA Inc. is looking forward to with preparedness and sheer determination. It was an acknowledgement personally made by the foreign principals of GMA Inc. during the celebration of its 25th year in the shipping industry held at the Microtel Hotel, Manila on August 22, 2014. An evening of simple, yet meaningful bonding time set the tone of the occasion which was well attended by foreign and local management, staff and crew, along with business partners, friends and former colleagues. Captain Carlos A. Anacta, president of GMA Inc., received a well-deserved acknowledgment from its German partners for the establishment of the company way back in 1989. Capt. Anacta is a veteran international mariner with solid years of experience in the sea trade. He has shown expertise both in water and on land Is Still Young at which is obviously demonstrated in his management style and business acumen. His skills come with talent and interests, too. The captain has one great passion — singing. This he shares generously to everyone. The silver anniversary celebration was ignited with his live rendition of “Babe,” a rock song popularized in the 80s by the American Band, STYX with the accompaniment of the AMO Band, an equally popular local band during the said era. GMA Inc. management, staff and crew also gamely showcased their talents by providing entertainment numbers. Special prizes were raffled off in between, and the dance floor braced itself for swinging and grooving. -(Mia lapis) 32 TINIG NG MARINO SEPTEMBER - OCTOBER 2014 Return t A fter more than a decade of legal battles and administrative woes, the Misamis Institute of Technology (MIT) is now free to reclaim its spot as the top maritime school in the entire Philippines. MIT president Rene A. Maglasang, together with Chairman of the Board Octavio A. Maglasang, have finally regained control over both the MIT and the Zamboanga del Sur Maritime Institute of Technology (ZSMIT) after years and years of litigation within the family-owned corporations. Capt. Rene Maglasang, along with his brothers Octavio and Raul, have been dealing with lawsuits and appeals since 2002 when a special set of elections usurped their positions as trustees and officers of MIT and ZSMIT. In August 2013, the Commission of Higher Education (CHED) officially recognized Capt. Rene Maglasang et. al. as the duly elected and sworn officers and trustees for MIT. And just last June, the corporate court of Zamboanga City likewise passed a counterpart decision for ZSMIT. This recent development is significant news for stakeholders in the maritime industry, as it promises a prolific source of world-class seafarers which can only boost our standing as the leading global supplier of maritime manpower. Before leadership struggles plagued MIT and ZSMIT, both schools were frontrunners in maritime education in the late nineties. In fact, MIT was adjudged as the top ranking maritime institution during the first CHED assessment, easily besting other maritime schools such a MTC College, Davao Merchant Marine Academy, PMI Colleges, and Philippine Merchant Marine Academy. MIT’s mettle was such that it was the only maritime institution in the Philippines which had students already booked for apprenticeships and jobs as early as their first year of schooling. Moreover, foreign shipowners would actually ask MIT to send them a list of incoming trainees so that they could offer slots onboard their vessels. Det Norske Veritas (DNV), the Norwegian certification agency for the Development of Maritime Training and Education, ranked MIT’s maritime education program as the eighth best in the world. MIT was also the first maritime school to have a 100 percent licensure exam passing rate for deck officers, thanks to Project Alpha – a study now, pay later program which provided eligible candidates with rigorous schooling and mentoring. This two-year program literally transformed the novices into highly sought-after seafarers who could claim the world as their proverbial oyster. Manning agencies and recruitment firms were very eager to enlist these graduates afterwards, as everybody in the industry knew that they had received intensive classroom and fieldwork training. Sadly, what might be called the golden era of MIT was unceremoniously cut short when Capt. Rene Maglasang was ousted from his position as president in 2002, a year before he was due to end his five-year term. This event turned out to be the start of a 12-year struggle SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 33 to Glory: for corporate control among the Maglasang siblings. Leonardo Maglasang and his spouse Doña Adela founded MIT in 1967. They started the foundation of excellence that eventually established MIT as one of the most prestigious maritime colleges in its time. Upon their death, the control and ownership of MIT were inherited by their six sons: Octavio, Rene, Raul, Galileo, Manuel, and Allan. The six brothers served in their respective positions as members of the Board of Trustees, with Capt. Rene Maglasang as president. In 2002, a corporate dispute led the six brothers to split into two equally-divided factions: on one side was Octavio, Rene and Raul while on the other was Galileo, Manuel and Allan. The two sides engaged in disputes over the management of the family corporation but as the numbers were even, the elections and deliberations were simply deadlocked. Then, Galileo and Manuel maneuvered to set up an alleged special election of officers and trustees through which they managed to elect themselves and their wives. The so-called elections were carried out without the knowledge of the opposing faction. Octavio, Rene and Raul found themselves illegally ousted as trustees and officers. Galileo, Manuel and their wives Lucile and Belmina took over all business and financial matters at MIT. The following years were marked by lawsuits and appeals. As could be expected, Rene’s camp did not take anything lying down. Unsurprisingly, this was also the time that MIT started to slip from its position as a top maritime college. By this time, Rene, Octavio and Raul had been excluded from the administration and management of MIT and ZSMIT. The quality of education declined. Things finally came to a head when the youngest brother, Allan, decided to side with Rene after conclusive evidence that Galileo’s wife Lucile has been treating the ZSMIT financial accounts as her personal milking cow. With Allan on Rene’s side, the vote was now four brothers against two. In August 2013, a special election was called. None of the wives were admitted as members of the Board; Galileo and Manuel did not participate. Octavio, Rene, Raul and Allan were elected and sworn as the new trustees and officers for both MIT and ZSMIT and they have already assumed their duties and responsibilities up to the present. It would have been an undiluted triumph except that Raul did not even get to enjoy his term; he passed away days before he could be sworn in. Capt. Rene Maglasang and Engr. Octavio Maglasang vowed to bring back the glory of the premier maritime schools in Mindanao. They have already started curricular reforms and policy changes for both MIT and ZSMIT since last year, and more facility expansions and upgrades are in the works. There’s no doubt that the task is daunting, but the brothers are more than confident that they can do it—after all, they have already done it before. -(Joana Chrystal Ventura) 34 O TINIG NG MARINO SEPTEMBER - OCTOBER 2014 C/E Tomas Orola rophil Shipping International Company Inc. president Tomas Orola was the guest of honor and keynote speaker at the Philippine Regulatory Board (PRC)’s oath-taking ceremony for marine engineers held on August 13, 2014 at the Manila Hotel on Roxas Boulevard, Manila. Orophil Shipping Int’I (formerly Tipolo Shipping), has been the recipient of various awards and citations, including the Top Performer Award given by the Philippine Overseas Employment Administration (POEA) to deserving recruitment and manning agencies in recognition of exemplary performance. Established in 1980, Orophil has become one of the major players not only in the Philippine maritime employment scene but also in the training of world-class maritime graduates through its own maritime educational institution, the VMA Global College. Aside from being involved in maritime education, crewing and ship management, Orophil has also established three sister companies involved with shipbuilding and dry docking operations: OKT Corporation, Kura Philippines, and Phil Nippon AOI Industry. These companies are providing valuable opportunities to local welders and workers. Orola has been instrumental in the success of all these ventures. This is actually not the first time that the PRC Board of Marine Engineer Officers recognized Orola’s professional contribution to the maritime industry. In 2002, Orola was the recipient of the PRC Most Outstanding Marine Engineer Officer award. It was a double triumph for him, as he was also the Maritime Engineer Officers Association in the Philippines (MEOAP) awardee for the Most Outstanding Marine Engineer Officer that same year. In his address, Orola recognized the hard work and sacrifices of the new crop of marine engineer officers in order to achieve their PRC credentials. However, he also cautioned against complacency, reminding them that this is but a step in their career path. “Although we are valued professionals in this global industry, we have to remember that many nationalities are trying to replace us. We have to fight to stay on the top. We can do this only by being ahead, keeping up with technological developments and doing the best that we can in our job as a seafarer,” Orola stressed. Orola added that a key to maintaining the Filipino seafarers’ desirability in the international market is to keep up with STCW 2010. “STCW 2010 has brought many, many changes to the required training and upgrading for seafarers,” he said. “Often, negative reactions amass. “Now is not the time to be complacent,” he added. We have to adhere to the changes affecting compliance to STCW requirements. We need to have the necessary compliance in terms of qualification, competence, over-all health and mental condition for this profession. These are the primary aspects in achieving our goal of maintaining our post as the in-demand supplier of marine officers.” Orola himself is aware of the importance of continuing education. He himself holds a Master’s Degree in Maritime Management and is only several units away from completing a Doctor’s degree in the same specialization. Colleagues say that Orola is equally passionate about encouraging others to push for more in their profession. He would personally meet with marine officers after they have finished active contracts and urge them to take required IMO courses and corresponding upgrading examinations to advance their credentials. PRC Board members Engr. Miguel Marasigan and Engr. Victo- riano Alojado each concurred with Orola’s message in their respective speeches, especially about STCW 2010 and its implications for maritime professionals. In the post-event interview, Orola shared that he personally feels very optimistic for this year’s batch of new marine officers. He predicts that they are in for a whole new range of lessons and experiences as they embark on real life after schooling. “There are so many things that they don’t teach you in school, stuff that you only learn in training and from doing.” PRC announced that in the August 2014 Board examinations, 26 out of 37 passed the Chief Marine Engineers Officers Licensure examination; 126 out of 209 passed the Second Marine Engineer Officers Licensure examination, while 260 out of 458 passed the Officer-In-Charge of an Engineering Watch Licensure examination. The Board for Marine Engineer Officers is composed of Engr. Miguel Marasigan (OIC), Engr. Victoriano Alojado, Engr. Ferdinand Pascua and Engr. Eldefonso Uba. -(Joana Chrystal Ventura) SEPTEMBER - OCTOBER 2014 from page 6 The Dawn of Drone... cleaner, more efficient, and less expensive than the manned ocean freighters that transport most of the world’s cargo today. If this project succeeds, these uncaptained vessels could become a key link in a human-free global supply chain of consumer goods. The company best known for its sleek luxury cars, Rolls Royce envisions a world where a single tap on a smartphone could set a massive cargo ship in motion half a world away. The company believes that one day, the industry will rely on fully unmanned ships for the transport of goods across the world’s oceans. Esa Jokioinen, the incumbent head of the Blue Ocean development team of Rolls-Royce, explains how a remote navigation system could work for ships as large as 600,000 tons. “The captain would sit at a shore location, receiving real-time data from sensors over a secure communications link. With multiple cameras around the vessel, a full picture is available, including a bird’s-eye view of the vessel in relation to its surroundings.” In other words, once the technology is in place, a ship moving goods from Hong Kong to Los Angeles could be controlled from a facility in Topeka, Kansas—or anywhere else. A major portion of the training for new ship captains takes place on land, and their team has developed an advanced 360-degree bridge-simulator systems, currently in use for education purposes. “These use complex mathematical models to provide the virtual world of a ship at sea and its response to control inputs.” Since human control of the ship is transferred from the ship’s bridge to a remote cockpit on shore, the responsibility of avoiding a collision still remains in the hands of the captain rather than automated machinery. The prospect of unmanned drone ships remotely navigating the world’s sea-lanes may sound like science fiction, but the shipping industry has been seriously discussing the possibility for the past 10 years. The unabated increase in fuel costs in recent years means that slower voyages are more economical but longer journeys are less attractive to crew members. The savings generated by less fuel-consuming voyages are invariably spent in looking for a competent crew willing to spend longer tours on board. The industry estimates that 44 percent of freighter costs are associated with human crews. Rolls Royce further explained that the improved navigation, and removal of the habitation space and life support that comes with unmanned systems, will increase efficiency in each ship by up to 20 percent aside from a corresponding 20 percent reduction in emissions. It was only recently that the European Union has become convinced of the inevitability of universally unmanned cargo freighters. TINIG NG MARINO The EU subsequently invested $4.8 million to establish a project denominated as MUNIN (Maritime Unmanned Navigation through Intelligence in Networks). MUNIN aims to develop and verify a concept for an autonomous ship, which is defined as a vessel primarily guided by automated on-board decision systems but controlled by a remote operator in a shore side control station. The main 35 objective of MUNIN is to see how far we can automate all functions of the ship,” says MUNIN Project Coordinator Ornulf Jan Rodseth. Thus while “drone technology” holds out the promise of comfort and ease in all its alluring poses, the prospect of its eventual relegation of man into a virtual non-entity stands as its most daunting, if not insurmountable obstacle. PROGRAMS 2014 COURSE PROGRAMS SHIP SHIP AND AND CARGO CARGO HANDLING HANDLING COURSES 01A 01A Basic Basic Training Training for for Oil Oil and Chemical Tanker STCW 2010 2010 (5 (5 Days) Days) -- STCW SHIP Basic AND 01B BasicCARGO TrainingHANDLING for Liquefied LiquefiedCOURSES Gas Tanker 01B Training for STCW 2010 (5 (5 Days) 01A --Basic Training forDays) Oil and Chemical Tanker STCW 2010 02 Advanced Training for Oil Tanker STCW 2010 (5 Days) 02 Advanced Training for Oil Tanker STCW 2010 (10 (10Liquefied Days) Gas Tanker 01B ––Basic Training for STCW 2010 Days) 03 Ship Ship Maneuvering and Handling Handling (5 (5 Days) Days) - STCW 2010 (5 Days) 03 Maneuvering and 04 Advanced Training for Chemical Tanker 02 Advanced AdvancedTraining Training for for Chemical Oil TankerTanker 04 – STCW 2010 (10 Days) STCW 2010 2010 (10 (10 Days) Days) –– STCW 05 Ship Simulator and Bridge Teamwork 03 Ship Ship Simulator Maneuvering Handling (5 Days) 05 and and Bridge Teamwork STCW (5 Days) 04 ––Advanced STCW (5Training Days) for Chemical Tanker 06 Advanced Training for Liquefied Gas Tanker – STCW 2010 (10 for Days) 06 Advanced Training Liquefied Gas Tanker - STCW 2010 (10 Days) 05 Ship Simulator andDays) Bridge Teamwork STCW 2010 (10 06A -LNG Familiarization for Deck & Engine – STCW 06A LNG Familiarization Ratings **(5(4Days) Days) for Deck & Engine 06 Advanced Training for Liquefied Gas Ratings ** (4 Days) 06B LNG Cargo Handling Operations * (5 Tanker Days) - STCW 2010 (10 Days) 06B Cargo Handling Operations * (5 Days) 06C LNG LPG Cargo & Ballast Handling * (5 Days) 06A LNG Familiarization for Deck & Engine 06C LPG Cargo & Ballast Handling * (5 Days) 08 Navigational Watchkeeping & Collision Ratings ** (4 Days) 08 Navigational Watchkeeping & Collision Avoidance * (5 Days) 06B Avoidance LNG Cargo * (5 Days) 09 Bridge Team (5 Days) * Handling (5Management Days) Operations 06C Bridge LPG Cargo Ballast Handling * (5 Days) 10 Ship-to-Ship Lightering * (5(5Days) 09 Team&Management Days) 08 Ship-to-Ship Navigational Watchkeeping & Collision Systems 11 Electronic Chart Display* & 10 Lightering (5Information Days) –Avoidance STCW 2010 Days) & Information Systems * (5 (5 Days) 11 Electronic Chart Display 12A Positioning System(5–Days) Basic (5 Days) 09 –Dynamic Bridge Management STCWTeam 2010 (5 Days) 12B Dynamic Positioning System Advanced 10 Dynamic Ship-to-Ship Lightering * (5 Days) 12A Positioning System –– Basic (5 Days) (5 Days) Positioning 11 Dynamic Electronic Chart Display & Information Systems 12B System – Advanced 13 (5 Fixed Hydraulic Ship Crane Operator Course – STCW Days) 2010 (5 Days) –Dynamic G20 (3 Days) 12A Fixed Positioning SystemOperator – Basic (5 Days) 13 Hydraulic Ship Crane Course 13A Crane Training Course – G5 (5 Days) 12B –Offshore Dynamic Positioning System – Advanced G20 (3 Days) Shiphandling with High Lift Rudder (5 Days) (5 Days) Crane Training Course – G5 (5 Days) 13A Offshore | Refresher * (2 Days) Fixed Hydraulic Operator --13 Shiphandling withShip HighCrane Rudder (5 Course Days) BRM w/ Shiphandling (3Lift Days) –Refresher G20 (3 Days) |Crane * (2 Days) Simulator Training * (5 Days) 13A Offshore Crane Training Course – G5 Days) -BRM w/–Shiphandling (3 Days) ECDIS Kongsberg Familiarization* (2(5Days) Shiphandling withTraining High Lift -Crane Simulator * (5Rudder Days) (5 Days) | Refresher * (2 Days) -MANAGEMENT ECDIS – Kongsberg COURSESFamiliarization* (2 Days) BRM w/ Shiphandling (3 *Days) 21 Shipboard Management (10 Days) Crane Simulator Training(5* Days) (5 Days) MANAGEMENT COURSES 22 Maritime Administration ECDIS – Crew Kongsberg Familiarization* Days) 23 Maritime Resource Deck 21 Shipboard Management *Management (10 Days) (2 for & Engine Officers – (BRM/ERM) 22 Maritime Administration (5 Days) ** (4 Days) MANAGEMENT COURSES 26 DNV- ISMCrew Course * (3 Days) 23 Maritime Resource Management for Deck 27A Management & Incident 21 &Maritime Shipboard Management * (10 Days) Engine Risk Officers – (BRM/ERM) ** (4 Days) Investigation (3 Days) 22 DNVMaritime (5 Days) 26 ISMAdministration Course * (3 Days) 23 Maritime Maritime Risk CrewManagement Resource Management 27A & Incident for Deck SAFETY COURSES & Engine Officers – (BRM/ERM) ** (4 Days) Investigation (3 Days) 61 Officer 26 Ship DNV-Security ISM Course * (3Course Days) (3 Days) 61A Watch Security Course *** (1 Day) 27A Gangway Maritime Risk Management & Incident SAFETY COURSES 61B Ship Security Awareness Training and Seafarers Investigation Days)Course 61 Ship Security (3 Officer (3 Days) With Designated Security Duties (1 Day) 61A Gangway Watch Security Course *** (1 Day) 62 Company Security Officer Course * (3 Days) SAFETY COURSES 61B Awareness Training Seafarers 63 Ship Gas Security Measuring Equipment Courseand (2 Days) 61 Ship Designated Security Officer Course (3 Days) Security (1 Day) 64A With Safety Representative andDuties Working Environment 61A Company Gangway Watch Security Course *** (1 62 Security Officer * (3 Days) Committee – Formerly PEC (5 Days) Day) 61B Gas ShipMeasuring Security Training Seafarers 63 Equipment Course (2 Days) 65A GMDSS / GOCAwareness – STCW (15 Days)and With Designated Security (1 Environment Day) 64A Safety Representative andDuties Working 65B GMDSS Refresher Course * (5 Days) 62 Committee Company Officer * (3 Days) –Radio Formerly PECCourse (5 Days) 14 Basic VHFSecurity Communication (2 Days) 63 GMDSS Gas Measuring 65A / GOC –Equipment STCW (15Course Days) (2 Days) 64A GMDSS Safety Representative and *Working 65B Refresher Course (5 Days)Environment Committee – Formerly PEC (5 Days) 14 Basic VHF Radio Communication (2 Days) 65A GMDSS / GOC – STCW (15 Days) 65B GMDSS Refresher Course * (5 Days) 14 Basic VHF Radio Communication (2 Days) ENGINEERING COURSES COURSES TECHNICAL // ENGINEERING 2014 COURSE PROGRAMS Engineering System System ** (5 (5 Days) Days) 41 Engineering 49 Bilge Water Water && Waste Waste Oil Oil Operation OperationManagement Management TECHNICAL (5 Days) Days)/ ENGINEERING COURSES 50 –Windows (5 41 AMOS Engineering System * (5 Days) 50 AMOS –Windows (5 Days) Days) --49 AMOS-W Refresher (3 Bilge Water & Waste**Oil Operation Management AMOS-W Refresher (3 Days) Days) 51A (5 Days) Boiler 51A Auxiliary Auxiliary Boiler Operational Operational Maintenance Maintenance** Days) 50 (3 AMOS (3 Days)–Windows (5 Days) 57 Corrosion Paint AMOS-W Protection Refresher (3 Days) 57 Corrosion Protection *and and Paint Maintenance Maintenance**** Days) Boiler Operational Maintenance * 51A (4 Auxiliary (4 Days) Paint Course Practicum * (1 Day) (3 Days) Paint Course Practicum * (1 Day) Sandblasting Trade Test* (1 Day) Corrosion Protection and (1 Paint -57 Sandblasting Trade Test* Day)Maintenance ** Hydroblasting * (1 Day) (4 Days) Hydroblasting * (1 Day) 58A Star – IPS (3 Days) Paint–Course Practicum * (1 Day) 58A Star IPS (3 Days) 58B BASSnet HR – Payroll * (2 Days) Sandblasting Day) 58B BASSnet HR Trade – Payroll * (2(1Days) 58C BASSnet SAFIR * (2Test* Days) Hydroblasting * (1* (2 Day) 58C BASSnet SAFIR Days) * (2 Days) 58D BASSnet Document Manager 58A BASSnet Star – IPSMaintenance (3 Days) Manager 58D BASSnet Document * (2 Days) 58E & Procurement * 58B (3 HR – Payroll *&(2Procurement Days) 58E BASSnet * Days) Maintenance 58C TM BASSnet * (2 Days) (3 Days) (3 Days) 59 MasterSAFIR v2 – ONBOARD 58D TM BASSnet Manager(3*Days) (2 Days) 59 MasterDocument v2 – ONBOARD 58E BASSnetPROGRAM Maintenance & Procurement * ASSESSMENT (3 Days) Services Ship’s Catering NC I (Messman Assessment) ASSESSMENT PROGRAM Ship’s Services NC (Ship’s Cook 59 Catering TM Master v2 – ONBOARD (3 Days) Ship’s Catering Services NC III (Messman Assessment) Ship’s Assessment) Catering Services NC II (Ship’s Cook Ship’s Catering Services NC III (Chief Steward ASSESSMENT PROGRAM Assessment) I (Messman Assessment) Ship’s Assessment) Catering Services NC III (Chief Steward Deck Engine Officers Evaluation Ship’s/ Assessment) Catering/ Electrical Services NC II (Ship’s Cook Program Swedish Maritime Legislation Examination Assessment) Deck / Engine / Electrical Officers Evaluation Program Ship’s Catering Services NC IIIExamination (Chief Steward Swedish Maritime Legislation ELECTROTECHNICAL COURSES Assessment) 42 Control Engineering – Module 1 (10 Days) Deck / Engine / ElectricalCOURSES Officers Evaluation Program ELECTROTECHNICAL 43 Control Engineering – Module 2 (5 Days) Swedish Maritime LegislationModule Examination 42 Control Engineering 1 (10 Days) 44 Introduction to Marine– Electro-technology 43 (10 Control Engineering – Module 2 (5 Days) Days) ELECTROTECHNICAL COURSES 44 Introduction to Marine Electro-technology 45 Marine Electro-technology (5 Days) 42 Electrical Control Engineering 1 (10(10 Days) (10 Days) 46 Equipment –& Module Schematics Days) 43 Marine ControlRefrigerant EngineeringTransition – Module 2Recovery (5 Days) ** 45 Marine Electro-technology (5 &Days) 46A 44 Introduction to Marine Electro-technology 46 (3 Electrical Days) Equipment & Schematics (10 Days) (10 Days) Refrigeration & Air Conditioning 46A Marine Marine Refrigerant Transition & Recovery ** 45 -(3 Marine 5 Days) Days*Electro-technology (5 Days) 46 Pneumatics Electrical Equipment Schematics Days) 70 for Marine& Application * (10 (5 Days) Marine Refrigeration Air Conditioning 71 for Marine&Application * 46A Electro-Pneumatics Refrigerant Transition Recovery ** -Marine 5 Days* (3 Days) Days) for Marine Application * (5 Days) 70 (5 Pneumatics 72 Logicfor Control forApplication Marine * Marine Refrigeration & Air Conditioning 71 Programmable Electro-Pneumatics Marine Application - 5Days) Days* * (5 Days) (5 73 Application * (5 70 Hydraulics PneumaticsforforMarine MarineControl Application * (5Days) Days) 72 Programmable Logic for Marine 74 Electro-Hydraulics for Marine Application * 71 Application Electro-Pneumatics * (5 Days)for Marine Application * (5 (5 Days) Days) for Marine Application * (5 Days) 73 Hydraulics Electrical Maintenance * (10 Days) 72 Marine Programmable Logic Marine * 74 Electro-Hydraulics forControl Marine for Application Ex / Exi for Marine Application * (2 Days) 73 Application (5 Days) * (5 Days) Hydraulics for Marine Application * (5 Days) Marine Electrical Maintenance * (10 Days) ALFA LAVAL Electro-Hydraulics Marine Application * -74 Alfa Ex / Laval Exi forMarine Marine&for Application * (2 Days) 47A Power Auxiliary Machinery (5 Days) – Module 1 (4 Days) Systems -47B LAVAL Marine Electrical Maintenance * (10 Days) ALFA Alfa Laval Marine & Power Auxiliary Machinery Ex / Laval Exi for Marine&2Application * (2 Days) 47A Alfa Power Auxiliary Machinery Systems – Marine Module (5 Days) Systems Module Machinery 1 (4 Days) Course 48A Alfa Laval–Auxiliary ALFA (Customized LAVAL )* & Power Auxiliary Machinery 47B Alfa Laval Marine 47A Fuel Alfa Laval Auxiliary Machinery 48C Management Systems –Marine Module&*2Power (5 Days) Systems Module 1Machinery (4 Days) Course Alfa Laval–Auxiliary Alfa Laval Marine (Customized )* & Power Auxiliary Machinery Systems – Module *2 (5 Days) Fuel Management Alfa Laval Auxiliary Machinery Course (Customized )* 48Cthe Fuel following Management * responsibilities: with 48A 47B 48C 48A FRAMOCARGO CARGOPUMPS PUMPS FRAMO 52 FRAMO FRAMOOperation Operation&&Maintenance Maintenance 52 ––for forOfficers Officers(5(5Days) Days) FRAMO CARGO PUMPS&&Maintenance 53 Operation 53 FRAMO FRAMO Operation Maintenance (5(5Days) 52 –FRAMO Operation & Maintenance –for forRatings Ratings Days) – for Officers (5 Days) CULINARY COURSES 53 FRAMO Operation & Maintenance CULINARY COURSES 81A Catering –Ship’s for Ratings (5Services Days) 81A Ship’s Catering ServicesNC NCIIII(Ship’s (Ship’sCook) Cook) MLC MLC2006 2006(10 (10Days) Days) 82A Ship’s Catering Services NC I1 (Messman) CULINARY 82A Ship’sCOURSES Catering Services NC I1 (Messman) 2006 (10 Days) 81A MLC Ship’s Catering Services NC II (Ship’s Cook) MLC 2006 (10 Days) Ship’s Catering Services NC III (Chief Steward) MLC (10 Days) Ship’s2006 Catering Services NC III (Chief Steward) MLC 2006 * 82A Ship’s Catering Services NC I1 (Messman) MLC 2006 * Cooking Scandinavian Course * (5 Days) - MLC 2006 (10Cooking Days) Course * (5 Days) Scandinavian Ship’s Catering Services NC III (Chief Steward) WELDING COURSES MLC COURSES 2006Welding * WELDING 83A Advanced Course – Various Onboard -83A Welding Scandinavian Cooking Course * (5 Days) Advanced Welding Course – Various Onboard Processes (10 Days) Welding Processes (10Cutting Days) (5 Days) 83B Electrode Welding and WELDING COURSES 83B Welding Electrode Welding Cutting (5Steel Days)(5 Days) 83C and Brazingand of Stainless 83A Advanced Welding Course – Various Onboard 83D Welding / Brazing Cutting and Brazing (5 Days) 83C Gas Welding and of Stainless Steel (5 Days) Welding Processes (10and Days) 83E and Brazing of Seawater 83D Tig GasWelding Welding / Cutting Brazing (5Pipe Days) 83B Welding and Cutting (5 Days) Days) 83E (5Electrode Tig Welding and Brazing of Seawater Pipe 83F and Mag (5 Stainless Days) Steel (5 Days) 83C Mig Welding and Welding Brazing of (5 Days) 83G Welding and Fabrication (10 Days) 83D Gas Welding Cutting and Brazing (5 Days) 83F Basic Mig and Mag /Welding (5 Days) 83H forand Shipfitters (10 Days) 83E Tig Welding Brazing of Seawater Pipe 83G Upgrading Basic Welding and Fabrication (10 Days) 83I Test 1for – Basic Test of(10 Welding (5 Days) 83H Trade Upgrading Shipfitters Days) Skills Hours) 83F and Mag (5 Days) 83I (2Mig Trade Test 1 –Welding Basic Test of Welding Skills 83J Test 2 – Advanced Test of(10 Welding 83G Trade Basic Welding and Fabrication Days)Skills (2 Hours) (1 Day) 83H 83J Upgrading Trade Test for 2 –Shipfitters Advanced(10 TestDays) of Welding Skills 83K Training / Testing for DNV Welder Certification 83I Trade Test 1 – Basic Test of Welding Skills (1 Day) 83L Arc Welding and Gouging – Sea Fastening Hours) 83K (5(2 Training Days) / Testing for DNV Welder Certification 83J Trade Test 2 – Advanced Test of Welding Skills 83L Basic Arc Welding – Sea Fastening 83M Weldingand andGouging Metalworking (20 Days) (1 (5 Day) Days) Welding and Pipe Fabrication 83N Advanced 83K Training / Testing forMetalworking DNV Welder (20 Certification 83M (10 Basic and Days) – 15Welding Days) 83L Arc Welding and Test Gouging – Sea 83N Fitter Advanced Welding and Pipe Fabrication 83O / Fabricator (1.5 Days | Fastening Max 12 Hours) (5 (10Days) – 15Cutting Days) Process (1 Day) 83P Plasma 83M Basic Welding and Metalworking Days) 83O Pipe FitterWelding / Fabricator Test (1.5 Days |(20 Max 12 Hours) 83Q Practicum 83N Advanced Welding and Pipe Fabrication 83R Course Ship Officers 83P Welding Plasma Inspection Cutting Process (1for Day) (10 – 15 Days) (3 days) 83Q Pipe Welding Practicum 83O / Fabricator Test (1.5 Days | Max 12 Hours) 83R Fitter Welding Inspection Course for Ship Officers OTHER 83P Plasma (3COURSES days)Cutting Process (1 Day) Marine Engineering Machineries * (5 Days) 83Q Pipe WeldingAuxiliary Practicum Energy Management Awareness * (3 Days) 83R Welding Inspection CourseCourse for Ship Officers OTHER COURSES Environmental Training * (3 days)* (5 Days) days)Awareness Marine(3Engineering Auxiliary Machineries Diesel Course *Awareness (5 Days) Course * (3 Days) EnergyEngine Management Engineering Knowledge for Deck Officers * (4 Days) OTHER COURSES Environmental Awareness Training * (3 days) Maritime Leadership Training* (4 Day) Marine Engineering Auxiliary Machineries * (5 Days) Diesel Engine Course * (5 Days) Shipboard Time Management * (2 Days) Energy Management Awareness Engineering Knowledge for Deck Course Officers* *(3(4Days) Days) Bosun’s Course * Environmental Awareness Training * (3 days) Maritime Leadership Training* (4 Day) Diesel Engine Course * (5 Days) Shipboard Time Management * (2 Days) NOTE: Knowledge forupon Deckrequest Officers * (4 Days) Bosun’s Course * *Engineering Course conducted only Leadership Training* (4 Day) **Maritime Course starts every TUESDAY of scheduled week. Shipboard Time Management * (2 Days) NOTE: *** Course conducted on THURSDAY and FRIDAY of Bosun’s Course * * scheduled Course conducted only upon request week ** Course starts every TUESDAY of scheduled week. NOTE: *** Course conducted on THURSDAY and FRIDAY of * Course conducted scheduled week only upon request ** Course starts every TUESDAY of scheduled week. *** Course conducted on THURSDAY and FRIDAY of scheduled week JOB OPENING: WELDING TRAINING OFFICER JOB OPENING JOB OFFICER OPENING: WELDING OFFICER COMPLIANCE - will various be responsible for the/ courses design continuous Conduct and implement training TRAINING programs ofand welding in areas of SMAW, TIG, MIG/MAG and Oxy-Acetelyne processes; development of course programs offered by NTC-M both for regular participants with the following responsibilities: JOB OPENING: WELDING TRAINING OFFICER Set and maintain workshop facilities and other improvements; and NSA cadets, ensuring their compliance with the requirements STCW ’78 as Conduct and implement various training programs / courses ofofwelding Assist in the Assessment of welding test results; with the following responsibilities: areas of applicable SMAW, TIG, MIG/MAG and Oxy-Acetelyne processes; amended in and other rules and standards. Carry out of town assignments for NTC-M Conduct andmaintain implement various facilities training and programs courses of welding Set and workshop other /improvements; Carries out substantial review of welding courses at least once a year The Candidate: in areas of SMAW, TIG, MIG/MAGof and Oxy-Acetelyne Assist in the Assessment welding test results;processes; or she must and be: other Set and maintain workshop facilities improvements; Carry out ofHe town assignments for NTC-M • Acollegegraduate,preferablyabachelorinmaritimefieldofeducation; A Unitor certified DNV class Assist in thereview Assessment of welding test results; Carries out substantial of Welder welding courses at6-g least once a year • Havesufficientknowledgeandunderstandingofmaritimeeducationalsystem; With extensive offor at NTC-M least 5 years Carry outwelding of townexperience assignments • Musthaveanexperienceincoursecurriculumdevelopment,educational He or she must be: working knowledge of courses Weldingat Technology Carries All outaround substantial review of welding least once a year measurementandevaluation; A Unitor certified Welder DNV class 6-g and Willing to travel He or she must be:of at least 5 years With extensive welding experience • HolderofvalidPRCidentification; A Unitor certified Welder classComplex 6-g All around working knowledge ofDNV Welding Technology Interested applicants may drop by or call the Human Resources Department, at NTC-M building, TESDA East Service Road • Completed6.09and3.12IMOModelCourses; extensive welding experience Taguig City, Tel. No.: (632)With 812-0742 or (63) 0917-5222472 and Willing to travelof at least 5 years • Preferablywithteachingexperienceinmaritimerelatedfield; All around working knowledge of Welding Technology www.ntcm.com.ph • Genuineinterestincoursedevelopment. Visit our blog: http://ntcm360.blogspot.com www.facebook.com/norwegiantrainingcenter-manila @ntcm360 and Willing to travel Interested applicants may drop by or call the Human Resources Department, at NTC-M building, TESDA Complex East Service Road Taguig City, Tel. No.: (632) 812-0742 or (63) 0917-5222472 Interested applicants may drop by or call the Human Resources Department, at NTC-M building, TESDA Complex East Service Road Taguig City, Tel. No.: (632) 812-0742 or (63) 0917-5222472 Visit our blog: http://ntcm360.blogspot.com www.ntcm.com.ph www.facebook.com/norwegiantrainingcenter-manila @ntcm360 Visit our blog: http://ntcm360.blogspot.com www.ntcm.com.ph www.facebook.com/norwegiantrainingcenter-manila @ntcm360 36 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO CTI We invest on young and dynamic Filipino Cadets Stronger Team Joining the said event were some of the staff of CTI-Mideast Management. The contract signing was followed by classic cocktails and a press conference Growing fast “At Mideast, we’re doing very well. The company With Signatures Affixed, a start of Stronger Relationships is growing. It’s going to get fter fruitful years of connec- bigger and bigger. We have 43 ships; tion, Centennial Transmarine by mid-year about 70 ships and over Inc. and the Mideast Ship Man- a hundred as Mideast grows,” affirms agement Ltd. are taking another President Houston. Mideast Ship Management Ltd step forward in aiming for development in the maritime industry. is one of the largest ship manageCTI and Mideast have once ment companies of the world and again unified as the MOA Renewal served as in-house ship manager Ceremony was held last August 12 of The National Shipping Company of Saudi Arabia (Bahri) which owns at the Hyatt Hotel, Manila. With the theme “Gearing a fleet of 23 chemical carriers ,17 Towards Stronger Relationship,” the VLCC, six RoRo and five bulk carriers contract signing was led by Mideast through its subsidiary the National president Robert Houston and Fleet Chemical Carriers (NCC) established personnel manager Mark Buchanan in partnership with SABIC (Saudi together with President Eduardo Arabia Basic Industry Corporation). Mideast also merged operaJabla and Atty. Jun Espinosa of CTI. The seven-year partnership tions with Vela International Marine of CTI and MIDEAST started in 2007. taking 20 ships and its management. Since then, they have continued It has now become a fully integrated strengthening their ties in their al- ship-owning company that caters most a decade of being together in services with full of expertise in the international tanker industry. the industry. “The relationship doesn’t All-Filipino crew onboard change at all. With seven years, the CTI absolutely did a great job,” MidIn the maritime industry, the east President Houston said. A numbers of Filipino seafarers onboard are evidently increasing. They have remained to be of high caliber in the seafaring market. Thus, Mideast employs Filipino crew and always looks forward to engaging young cadets in their fleet. “I’m very comfortable with Filipinos,” President Houston stated “We’ve been working for seven years, and when we came here, the thing was to get more and more senior officers from the Philippines. We’ve got a lot more junior Filipino officers that soon will be senior officers. All our junior officers are Filipinos.”. President Houston also said that Filipino seafarers are always dedicated to their job and hardworking. “We keep on coming back and we increase Filipino seafarers onboard,” he noted. Maximizing the standards As part of Mideast’s success, CTI made a great role in producing promising cadets and staff that showcase their expertise in the field. According to CTI COO Capt. Jeffrey P. Solon, the grateful loyalty of Filipino cadets is one of their main assets in the industry. Furthermore, Filipinos can speak English fluently enabling them to interact with different nationalities As part of the cadet program, the company grants financial support, scholarship program and education- al loans. They are also keen on giving competent trainings and programs that will support the cadets into the ladder to become senior officers. Their main goal is to provide the cadets with proper training which are fitted according to their needs that will motivate them to become more effective and efficient professional seafarers. “We give them more trainings to be future senior officers. We wanted to bridge the gap of their college years to become cadet officers,” CTI president Eduardo Jabla added. Moreover, Mideast is sponsoring cadets at Davao Merchant Marine Academy (DMMA) and other maritime schools in Mindanao where a majority of their cadets come from. The broader perspective With seven years of collaboration, CTI and Mideast prove that they can stand out alongside in producing promising cadets in the industry. “There are lots of manning companies nowadays and the competition is very tough. But then, we assure you that the quality of officers we produce can definitely vie in the professional world. We always set good standards and one of our main goals is to make them happy,” CTI president Jabla ended. -(Jona Antonino) SEPTEMBER - OCTOBER 2014 from page 19 The ever-ending path to justice... alternative route to steer clear of the typhoon’s path. But petitioners insist that Go was aware of this risky proposition: “Go never acted surprised or alarmed upon being informed that the M/V Princess of the Stars was taking the regular route. It was not news to him that the Stars was not supposed to be in the regular route. This fact alone blatantly shows foreknowledge of accused Go that captain Florencio Marimon never intended to take the Stars through the alternate route but was merely a ruse to obtain a departure clearance from the Philippine Coast Guard.” There are also some industry insiders who claim an even more sinister involvement on the part of Go: allegedly, when the captain proposed to Sulpicio officers that he would be steering along the safer alternative course, he was categorically forbidden from doing so because the new route would consume an additional P500,000 worth of fuel. An eyewitness purported to have heard Go himself sarcastically give permission for the captain to take the long way around, as long as he (Marimon) was willing to pay for the extra cost out of his own pocket. While the account is assumedly not admissible in court, it only strengthens the families’ resolve to see justice done. Aside from the victims’ families, the Office of the Solicitor General (OSG) has also filed its own MR. The OSG insists that “there is probable cause for respondent Go to be indicted for the crime of reckless imprudence resulting in multiple homicide, physical injuries and damage to properties.” The OSG motion were signed by petitioners Purita Hibe, Nissan Laurel, Estella Geli, Arlene Olang, Jospehine Paadua, Vicenta Chua, Illuminada Timajo, Lilybeth Cunanan, Elorde Illustrisimo, Bob Illut, Ernesto Clarin, Evelyn Bajet, Larina Matriz, Celerna Calayag and Sonia Manzanilla. Both MRs —the victims’ families and the OSG’s — sought for the elevation of the case TINIG NG MARINO to the SC en banc for the decision of the high tribunal’s 15 justices, on the grounds that it pertains to a matter of paramount national interest. The OSG argues that the Court of Appeals (CA) erred in its April 2013 ruling which declared no probable cause for indictment. This 2013 ruling invalidated the 2009 DOJ resolution which found probable cause to charge Go with criminal liability. According to their petition, Go failed to implead an indispensable party as a party-respondent in his petition for certiorari thus rendering the CA’s ruling null and void for want of authority to act. The M/V Princess of the Stars sailed from the Port of Manila, bound to Cebu City on June 20, 2008 with 849 people onboard; more than 700 were passengers, 111 were crew members and 29 were contractors. At about noon the following day, it encountered rough seas off the coast of Romblon due to the Typhoon Frank, eventually capsizing at 6pm. Only 32 survived; more than 300 were confirmed dead and more than 37 five hundred remain missing until now, their bodies presumed to be buried inside the wreck. The sinking is only one of the more than 50 maritime mishaps involving Sulpicio’s fleet, the most notable of which is M/V Dona Paz 1987 tragedy which holds the world record for the worse maritime disaster in peacetime. No member of the Go family has ever been found criminally liable for any of these, despite causing more than 5000 deaths throughout the years. In 2009, Sulpicio Lines Inc. changed its name to Philippine Span Asia Carrier Corporation through a director’s certificate submitted to the Securities and Exchange Commission (SEC) bearing the signatures of Enrique S. Go, Eusebio S. Go, Victoriano S. Go, Dominador S. Go, Ricardo S. Go and Edward S. Go. Under its new moniker, the company was again involved in another disaster on August 16, 2013 when its cargo ship M/V Sulpicio Express Siete collided with 2Go-owned passenger ferry M/V St. Thomas Aquinas. There were more than 150 casualties in the said incident. 38 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO HEALTH TIPS ELPIDIO C. NOLASCO, MD, FPCS, PACS General & Cancer Surgeon, Laparoscopic Surgeon President & Medical Director, Nolasco International Medical & Diagnostic Clinic S ince many people are alone when they suffer a heart attack, without help,the person whose heart is beating improperly and who begins to feel faint, has only about 10 seconds left before losing consciousness. However,these victims can help themselves by coughing repeatedly and very vigorously. A deep breath should be taken before each cough, and the cough must be deep and prolonged, as when producing sputum from deep inside the chest. A breath and a cough must be repeated about every two seconds without let-up until help arrives, or until the heart is felt to be beating normally again. Deep breaths get oxygen into How to Survive a Heart Attack When You Are Alone the lungs and coughing movements squeeze the heart and keep the blood circulating. The squeezing pressure on the heart also helps it regain normal rhythm. In this way, heart attack victims can get to a hospital. Tell as many other people as possible about this. It could save their lives!! A cardiologist says If everyone who sees this post shares it to 10 people, you can bet that we’ll save at least one life. Rather than sharing jokes only please contribute by forwarding this info which can save a person’s life. Warning: Do not depend facebook posts on emergency situations, consult with your doctor before practicing in real life from page 18 PISOBILITIES kaya narating niya kung ano ang meron siya ngayon. Kaya naisipan kong humingi ng advice sa inyo. Abangan ang sagot ko kay Ginoong HA sa susunod na isyu ng Tinig ng Marino. Kung gusto mong mag-invest sa isang negosyo, bisitahin ang www.kskcoop.com o tumawag sa 6373731/41 at magtanong sa mga oportunidad na pinaka-angkop sa iyo. MAY BAGONG NANGYAYARI SA PISOBILITIES! Sundan ito sa Light Network tuwing Martes, 8:30 p.m. - 9:00 p.m. at sa GMA News TV tuwing Sabado, 6 a.m. - 6:30 a.m. Bisitahin ang www.colaycofoundation.com para sa schedule ng aming mga seminar. Mag-text din sa 09178188857 o tumawag sa 637-3731/41. Sali na sa Pisobilities: Wealth Within Your Reach seminar sa ika-12 ng Setyembre, at simulan mo na ang iyong paglalakbay tungo sa yaman! Mabibili mo rin ang aming mga libro mula sa amin o sa mga bookstore. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 39 from page 13 Panama and Nicaragua Canal... to open for traffic in 2015. The present locks, which will be 100 years old, will then be able to give engineers greater access for maintenance and are projected to continue operating indefinitely (Popular Mechanics Issue, Feb. 2010) However, despite this future development proposal, Panama Canal is facing a gargantuan challenge because on June 15, 2013, Nicaragua awarded the Hong Kong-based HKND Group, a 50year concession to develop a canal through the country (De Cordova, Jose June 2013) - THE NICARAGUA CANAL. NICARAGUA REVIVES ITS CANAL DREAM From the main article of Nicaragua Canal, July 2014: “The Nicaraguan parliament has approved a plan to let a Hong Kong based company design and build a competing canal. According to the deal, the company will also be responsible for taking care of the canal during the next 50 years. The government of Nicaragua hopes this will boost the economy, but the opposition is afraid of failure”. Is this the basis of the question Is it a dream? Is it a reality? The same article continues to report that “On July 7, 2014, Wang Jing, Chairman of the HK Nicaragua Canal Development Investment Co. Ltd (HKND Group), informed during a discussion group with students from the National Engineering University in Managua, that a route for Nicaragua’s proposed canal has been approved. The construction work is expected to start in December 2014 and will be completed in five years.” NICARAGUA CANAL : DREAM VS. REALITY From the insight of IHS Maritime Editorial dated July 17, 2014, “The latest in a long line of plans to build a canal across Nicaragua took another step forward last week with the announcement of a chosen route.” Theoretically, “The construction of Nicaragua’s Gran Canal Inter-Oceanico, just a short sail north of Panama Canal would be a huge plus for both shipping and dredging.” But realistically, Nicaragua’s dream is not likely to become a reality. THE VERDICT ON “DAVID VS GOLIATH” COMPETITION Since the Panama Canal is only 77 Km long, just imagine the ambitious plan and cost to construct a 278 km long across Lake Nicaragua. The official cost estimate for what has been dubbed “The biggest construction project history of mankind” is $ 40 B, although some outside estimates are more than double that sum according to IHS . Of course with these two adjacent canals, it would surely invite and open up Asia-Americas routes for VLCCs, VLGCs, ULCSs, Valemaxes, and QMax LNG carriers, adds the HIS Editorial. With this business opportunity in mind, what will stop The Panama Canal Authority to recommend for another lock or the fourth Lock Plan, expanding vessel-size allowances beyond those of the third set now being constructed. The heat is on. Business is war. For sure, the two largest adjacent canals would grab and court the same customers and squeeze profit margins. From our basic economics, consumers stand to gain most from greater competition. Fair and open competition means lower prices and greater choice. And the winner to this David vs. Goliath Construction are of course the big shipping lines, the ever-larger vessels and those dredging companies, contractors, and business opportunist. 40 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO A Congress Of, For and By the Seafarers is Ready for the Meet by Mia Lapis N ow on the fourth year of its session, the indomitable call for action to all concerned and involved in the maritime industry, particularly in the seafaring sector, is again shouting out loud for the active participation of leaders, stakeholders and the seafarers themselves to sit down, talk and most of all, work positively for the betterment of the sector they belong to. This year as the call gets louder and farther, reaching the islands of the entire nation, the Philippine government public servants, the various agency officials, and maritime aces will occupy the front seats to heed the call, understand and create possible resolutions to conflicting issues should the need arise. Being a staunch participant of the National Maritime Week Celebration 2014 slated on September 22-28, the United Filipino Seafarers (UFS) in collaboration with Luneta Sefarers’ Center (LUSWELF), and in cooperation with the DZIQ 990AM Radio Inquirer and UNTV Serbisyo Publiko, the “4th Philippine Seafarers’ Congress” on the 22nd of September 2014 will again take the stage at the Luneta Seafarers’ Center. Honorable Senator Grace Poe, Mayor Joseph Estrada and Vice Mayor Isko Moreno of the host city, Manila, Congresswoman. Emmeline Aglipay, OWWA Administrator Rebeca Cazaldo, Mr. Don Bagatsing, chairman, Luneta Seafarers Welfare Foundation LUSWELF, the host venue, Engr. Nelson Ramirez, president, United Filipino Seafarers and several maritime proponents will converge for to hear the voice of the seafarers that continue to reverberate over the years. In line with this, MAGNA CARTA FOR SEAFARERS, the draft that seeks to ensure the protection of the rights and welfare of the Filipino seafarers by instituting mechanisms that implement standards and continued on page 46 Seizure of Ships Used for Mass Transport of Cocaine, Ecstasy Becoming More Common A n alarming practice of using sea-going vessels as a means to transport large amounts of illegal drugs continues to be a flourishing business. However, drug control operations are becoming more adept at catching perpetrators. Government authorities all over the world are reporting record hauls of ships apprehended in the act of large-volume drug smuggling. The most recent incident just happened this August in Burma when the Navy intercept- by Joana Chrystal Ventura ed a ship carrying about $2.4 worth of ecstasy tablets. Burmese police said that the ship was intercepted near the town of Kawthoung, which lies close to the border shared by Thailand and Burma. Police Brigadier General Kyaw Win, one of the officers of the drug control committee for the home affair ministry, stated that this haul is believed to be the largest ever discovered for this kind of drug in Burma. Burma is known to be one asianjournal.com of the largest producers of heroin and methamphetamine in the region. Drug production has surged in recent years especially in hidden jungle laboratories situated in wartorn borderlands. Meanwhile, in the first week of August this year, charges were pressed against three Spanish naval officers found responsible for stashing 127 kilograms of cocaine onboard a Spanish Armada training ship, the Juan Sebastian Elcano. A joint operation between the Spanish Armada and the U.S. Homeland Security discovered that Columbian traffickers have established a modus operandi for using sailors as drug mules. Columbian traffickers would allegedly capture or approach sailors from foreign ships docked in Columbian ports to transport drugs in exchange for money; the amount paid was calculated based on the number of kilograms safely transported. The discovery is doubly embarrassing to Spain as the Juan Sebastian Elcano serves as the country’s floating embassy. The Spanish navy itself calls it “our most emblematic and symbolic vessel”. The tall ship, which is currently the 3rd-largest in the world, has hosted numerous dignitaries and high-ranking officials. There have been other notable narcotic crackdowns in other parts of the world as well. A year ago, drug smugglers set fire to the freighter Gold Star in an ill-guided attempt to destroy the 30 tons of hashish that it carried onboard, as the Italian coastguard gave chase. As the Tanzania-registered vessel burned, nine persons onboard jumped overboard but they eventually had to be rescued by the very same authorities that they were trying to evade. continued on page 55 42 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Families of SEWOL Tragedy Consoled by Pope during Papal Visit by Joana Chrystal Ventura T he families of the victims of the April SEWOL ferry accident vowed in the beginning of August that they will fight back if forced to budge from their protest in Gwanghwamun Square during Pope Francis’ August 14-18 visit to South Korea. Negotiations between the families and the Korean authorities were successful, however, and compromises were reached so no untoward events marred the historic 5-day occasion. The area occupied by the group is traditionally used as a ceremonial plaza. It sits right in the center of the grounds where the scheduled beatification of the 124 Korean martyrs was to take place. The protestors, composed of the bereaved families and their supporters, had been camped out in the ceremonial plaza in tents for three weeks prior their declaration. The group is demanding the early parliamentary passage of a special bill that would allow the conduct of an independent, transparent probe into the accident which caused the deaths of 304 people, most of whom were high school students on a school field trip. The proposed bill was supposed to have passed the week before, but it was stalled in the National Assembly after opposing political parties failed to reach an agreement on some of its provisions. The protestors sent a letter to Pope Francis, explaining their refusal to vacate the square, asking his understanding, and urging him to help their cause with the government. Aside from the letter, some asked the Pope to help them understand why their children had to die in the way that they did. Park Jung Hye-sook, a mother who lost her 18-year old son, said that the Korean government has “no political will to seek the truth”. The Catholic Church, for its part, has made it clear that it had no plans for forcible eviction. In the end, the protestors agreed to take out all but two of their tents. In exchange, the government-civilian Committee for the Papal Visit to Korea accepted their request to allow some 600 of their member to attend the beatification ceremony. Pope Francis himself made well-received gestures to reach out to the bereaved families. During the procession before the open-air mass continued on page 57 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 43 ATTENTION TO ALL FILIPINO SEAFARERS AROUND THE WORLD! TINIG NG MARINO on UNTV will be having a new format of our show. We will include in our episode the greetings of seafarers who are currently on board. We are inviting you to post a video clip to my facebook account and pages or send through my email address [email protected] or [email protected]. Do it this way. NEW TIME SLOT OF TINIG NG MARINO on TV is every Saturday 6:15 to 7:00 P.M. Channel 9 Channel 58 Channel 92 Channel 37 - Destiny - Sky - Cignal - UHF Don't fail to watch the UNDISPUTED Maritime Television Show two time “Anak TV Seal Awardee" TINIG NG MARINO at UNTV every Saturday at 6:15 to 7 P.M.. Channel 37 on UHF, Channel 9 on Destiny Cable , Channel 58 Sky Cable, Channel 92 on Cignal, Channel 58 on Digibox and millions all over the world are watching via livestreaming on www.untvweb.com. (1) Batiin ninyo ang ating programa sa television TINIG NG MARINO at batiin din ninyo ang aking co-host na si Ms. Annie Rentoy at si Kuya Daniel Razon being the chairman of the UNTV Station na nagbigay sa atin ng programa. (2) Banggitin ninyo ang pangalan ng inyong barko at saan kayo sa mga oras na yan. (3) Banggitin ninyo ang mga crew ng inyong barko. (4) Batiin din ninyo ang inyong mga pamilya dito sa Pilipinas. IMPORTANT: Ingatan po na huwag gumamit ng masasamang linguahe. Ang dalawang mapipiling greetings ay isasama agad namin ito sa aming next episode. Ang ibang mga video ay sa mga susunod na episode. NPR explains to co-host Annie Rentoy the advantages and disadvantages of African and foreign maritime students in the country and why they prefer to study in our maritime institution. Mr. Anfred Yulo of LUSWELF discusses the upcoming activities of the 4th Seafarers Congress and Motorcade of UFS and LUSWELF for the National Seafarers Day at the LUSWELF, T.M. Kalaw, Ermita, Manila. NPR and Guest Engr. Rainero Morgia discussing to co-host Annie Rentoy on the emerging capacity of the Philippines as a top shipbuilder industry in Asia and making its way to be in the top list in the world. Capt. Jess Morales proudly shares the current development and programs of the Integrated Seafarers of the Philippines to help Filipino seafarers when they retire. 44 TINIG NG MARINO SEPTEMBER - OCTOBER 2014 Arrest Warrant Out for Rey Gambe WANTED! for QUALIFIED THEFT by Ruth Cervantes Php 20,000 REWARD! A warrant for the arrest of former Tinig Ng Marino managing editor Rey Gambe was issued by the Manila Regional Trial Court Branch 17. The order for Gambe’s arrest was issued by Presiding Judge Felicitas O. Laron-Cacanindin on August 11, 2014. Gambe is facing 11 criminal cases of qualified theft for alleged embezzlement of Tinig ng Marino funds. The five warrants of arrest issued against TNM’s former Managing Editor, who went AWOL sometime around February 23,2012, was issued after the court determined that there was probable cause that a crime has been committed and that a respondent, in this case, Gambe, is probably guilty thereof, and should stand for trial. The arrest warrants are enforceable by police officers anywhere in the Philippines. On the strength of said warrants, law enforcers may arrest Gambe on any day, at any time of the day or night. The warrant must be executed within 10 days from receipt of the authorities, and must be returned to the court if they fail to execute the warrant. However, the warrant does not lose its effectivity after the 10-day period. The court said, “...you should retain in your office for further implementation, unless it was recalled by this Court.” WHAT WENT BEFORE On May 3, 2012, United Filipino Seafarer president Engr. Nelson P. Ramirez, in behalf of the UFS, filed a complaint against Gambe for qualified theft. UFS is the publisher of TNM. Ramirez was authorized by the UFS Board of Directors to file the said criminal case against Gambe. The complaint was filed about two months from their discovery that Gambe had surreptitiously opened a separate bank account for Tinig ng Marino, issued several unauthorized Statements of Account to TNM advertisers, and siphoned the advertisers’ payments to said bank account under his control. Subsequently, an informa- tion was filed against Gambe before the Regional Trial Court of Manila. QUALIFIED THEFT Theft is the taking of personal property of another without the latter’s consent, and with intent to gain. It is defined and punished under Articles 308 and 309 of the Revised Penal Code. Theft becomes qualified when it is committed by (1) a domestic servant, or (2) with grave abuse of confidence, or (3) if the property stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a plantation, fish taken from a fishpond or fishery or if property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance. (Article 310, Revised Penal Code, as amended by Batas Pambansa 71) Gambe was charged with qualified theft because he occupied a crucial position in the management of TNM and its publisher reposed trust in him. The UFS alleged that he took advantage of his position and violated the confidence of TNM’s publisher, in the commission of the crime. ROBERT REY GAMBE former TNM Managing Editor For any information on the whereabouts of this person, a reward of Php20,000.00 will be given by Tinig ng Marino. Please contact, UFS Office 525-5806 / 524-48888 or Engr. Nelson P. Ramirez at 0922-8689457 / 0917-7944264 and/ or 0939-9148779. BAIL Gambe is allowed to post bail (either in cash, property bond or by surety bond acceptable to the court) to secure his temporary liberty. In Criminal Case No. 14307514, the amount of bail is set at P50,000; in Criminal Case Nos. 14307515 and 14-307517 for two counts of qualified theft, bail is set at P44,000 for each count; in Criminal Case Nos. 14-307516, 14-307518, and 14307520 for three counts of qualified theft, the amount of bail is P40,000 for each count; in Criminal Case Nos. 14307519, 14-307521, 14-307523, and 14-307524; and lastly P46,000 is the required amount of bail for Criminal Case No. 14-307522. As of press time, Gambe has not yet been placed in custody nor surrendered to authorities. Sa nagnanais magkaroon nito, ito’y mabibili ito sa Norwegian Training Center-Manila (NTCM) o kaya’y tumawag sa numerong (0918) 9090083 o magpadala ng pribadong mensahe sa: [email protected] / [email protected] Lubos na gumagalang, Jaime B. Morales, CME,MSBM SEPTEMBER - OCTOBER 2014 TINIG NG MARINO DOLE beats MARINA in assesing MLC compliance of 9,000 domestic ships? 45 by Kidon Alcober T he labor department, risking usurpation of vested powers given to Maritime Industry Authority (MARINA) under a new law as sole maritime authority, has begun inspection of domestic sea carriers for compliance with the internationally recognized Maritime Labor Convention (MLC) of 2006. Labor Secretary Rosalinda Baldoz said at least 60,000 Filipino seafarers could soon look forward to safer sea travel after her agency has completed its assessment. Baldoz did not say how this would impact on sea passengers who end up dead when ship operations go haywire. Baldoz said they will begin the assessment of the first two local ships to ensure they pass MLC standards. She said at least 17 Philippine domestic ships have applied for the is- suance of certificate of compliance. “This is the first time we will be inspecting domestic ships… Now, we are beginning to enforce its (MLC) provisions to provide our seafarers decent work,” Baldoz said. “Hopefully this will minimize sea accidents,” she added. Baldoz said the inspection will cover the 8,981 Philippine registered ships in domestic shipping except warships, naval auxiliaries, government ships, and fishing vessels. DOLE and its partner organizations have earlier prioritized the two-phase evaluation of Philippine-registered ships (PRS), which travel in international waters. “We are almost over with the overseas (ships). We are now focusing on domestic ships,” Baldoz said. As of August 15, Baldoz said 140 PRS have presented the necessary MLC requirements and have been issued with the Decla- ration of Maritime Labor Compliance (DMLC) by DOLE for the first part of the evaluation. She said another 96 PRS have completed the assessment and received their Maritime Labor Certificate (MLC). “With these developments, we are on track in the implementation of the MLC 2006, the vital instrument which affords protection to approximately 368,158 overseas Filipino seafarers,” Baldoz said. Baldoz issued the update yesterday, a year after the ratification of the MLC 2006. The MLC of 2006 requires the 61 International Labor Organization (ILO) member states, which include the Philippines, to comply with the stipulated “comprehensive welfare and protection” for seafarers worldwide. 46 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Tuna industry smells something ‘fishy’ in delay of IRR by Kidon Alcober T una industry players have scored the failure of government agencies to issue the implementing rules and regulations (IRR) for Republic Act (RA) 9379, the law governing the handline fishing sector enacted seven years ago. In a press conference over the weekend for the 16th National Tuna Congress, industry stakeholders expressed their frustration over the inaction of the Department of Agriculture (DA) and the Department of Transportation and Communications (DoTC) in finalizing the law’s implementing guidelines. “It’s frustrating that after seven years, we’re still waiting for the IRR to come out,” Rosanna from page 40 A Congress Of, For... provide compulsory benefits set by the MLC, 2006 will be discussed in length by Cong. Aglipay. The Modern Technology in Seafaring Industry will be presented by Mr. Spyro Ravanapolus, COO of Michaelmar Philippines Inc. Current issues on maritime piracy will be discussed by Mr. Rancho Villavicencio, Director Maritime Piracy Humanitarian Response Programme –Asia. Philippine Merchant Marine Academy Rear Adm. Richard U. Ritual will talk about “Compliance and Requirements of Maritime Schools,” such topic the latest trending in the maritime linkage. Consequently, an open forum is ready and open to all participants to freely express their opinions, raise questions, seek explanation, resolve conflicts and raise awareness on the issues and challenges facing the industry that catapulted the country in the world’s record of competent merchant mariners; and the the sea-based Filipi- Bernadette B. Contreras, executive director of the Soccsksargen Federation of Fishing and Allied Industries, Inc. (SFFAII), told reporters in Filipino. Former president Gloria Macapagal-Arroyo signed RA 9379 on March 8, 2007. Marfinio Y. Tan, former SFFAII president, hit the Maritime Industry Authority (Marina), an attached agency of the DoTC, for the delay in the issuance of the IRR. “We’ve been waiting for that IRR… The problem is actually with Marina, they’re not giving focus on it,” Tan said in the same press conference. Given the situation, SFFAII is lobbying for a seat in the board of Marina to hasten action on policies involving the industry. Tan said the private sector group can also help explain things to the government agency if problems involving the handline fishing sector arise if they are on Marina’s board. R a u l Gonzales, spokesman of the Alliance of Tuna Handliners (ATH) said that in the absence of the IRR, fishing vessels have been prone to apprehension by maritime authorities. no workers, as the highest grosser in terms of financial contributions to the economy, benchmarking a $2.746 billion during the first semester of the year and is expected to hit the remittances from Filipino seafarers to $5.5 billion this year. Resolutions on matters that are dissected in this annual seafarers’ congress will be summed up at the culmination of the meeting. This year’s theme is, “Innovating our way to Progress”. The organizers’ seek to promote the interest of the industry, particularly the industry’s most important asset of all – the Filipino seafarers. They aim to empower the Filipino seafarers with relevant and accurate information. With the organizers’ unwavering commitment to give Filipino seafarers and the general maritime public relevant, accurate and quality information that they deserve, the event is expected to be a real industry humdinger. They also seek to promote the interest of the industry, particularly the industry’s most important asset of all – the Filipino seafarers. As with the pre- vious years’ tally , some 2,000 seafarers attended the event, and the volume is increasing. The UFS start up the 4th Seafarers’ Congress with a jovial motorcade from 6:00 a.m. until 8:00 a.m., participated in by several shipmanning agencies and maritime organizations, sponsors and media partners. Participants will assemble at the LUSWELF, T.M. Kalaw St., at 5 o’clock in the morning. Other much-awaited activities to be held at the LUSWELF ground during the week-long maritime celebration are the following: Boodle Fight, a military ceremonial “eat-together with bare hands” that signifies brotherhood on SEPTEMBER 24, 2014 that will start at 11:45 AM; Consultation on Legislation with “If we have the IRR, we can avoid these apprehensions,” he said. Handline fishing is a traditional method that employs hook-and-line to catch large, mature tuna, including the sashimi-grade kind. Congressman Walden Bello, OFW Partylist on September 25 at 10:00 a.m, and the Karaoke Challenge Finals on September 26 at 10:00 a,m, with Entertainment and Raffle of Prizes in between the program provided by the sponsors. Presidential Proclamation 1094 series of 1997 declared that every last Sunday of September of every year as National Seafarers’ Day (NSD), which amended Presidential Proclamation No. 828 series of 1996. It was created to recognize the major role of the Filipino seafarers in the local and global maritime industry. 48 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO W ay back in 1984 after my stint in Europe, I was surprised that all seafarers in the country were required to take the Basic Safety of Life At Sea (SOLAS) course. As a good soldier, I have to follow what is required by the law. The funny thing during that time, when you would inquire the front desk clerks of the training centers, the first question asked was, how do you like it, sir, with or without attendance. In most cases, the seafarers would choose the latter. Nowadays, I believe the non-attendance is still being practiced. I know that there are some training centers that are having classes at 10 in the evening. That is according to their records. No matter how you will explain this to me, I won’t bite a story like this hook line and sinker. I won’t believe that there are seafarers who will be taking maritime courses Unfair Trade Practices by Jeremiah Philip Patrimonio from seven in the morning up to 10 in the evening. As a saying goes, if you give peanuts, you’ll get monkeys. How can a training center offer a Basic Safety Training for less than Php4,000 when the expenses for every trainee is around Php 4,000? Do you want me to believe that the owner of this training center is a philanthropist? It’s either you will have a volume of 200 students taking the same course together and the instructor will just demonstrate the usage of foam and Co2 in extinguishing a fire. No hands on training for every student. There are also stories that there are maritime training centers who are giving lectures in one room with two courses. The appropriate man-machine ratio is never implemented in the number of Compressed Air Breathing Apparatus (CABA) vis a vis the number of trainees at any given time. The same thing with the number of firefighting outfits vis a vis the number of trainees, number of simulator or stations vis a vis number of trainees. continued on page 58 LIFESavers AT SEA by Engr. Rainero B. Morgia, MScEnv F rom the Boy Scout motto “always be prepared”, the best way to face an emergency at sea is to be prepared for it. Therefore it is good to know this life-saving information even to those who are planning to make a sea travel in the future (domestic or international). In times of sea emergency, the smallest of things may become the greatest saver. They are what we call maritime life-saving appliances (LSA) or equipment and its accessories. These life savers, although they only make-up 10 percent of the entire ship’s cost and structure, they become 100 percent of the entire ship’s dependability in a most likely event of disaster, mishap, fire, collision and all other types of emergencies. In reality, we wish that these life-saving equipment may never be used during the entire serviceability of the ship. These life-saving equipment are mostly lifeboats, life rafts, life jackets, immersion suits, lifebuoys, survival kits and other accessories. To choose the right equipment at the outset, all aspects have to be consid- ered – from design, quality and maintenance. For when it comes to life-saving equipment, the advice you get is just as important as the products. Generally, and with reference to the LSA Code, they must be constructed with proper workmanship and materials, not damaged in stowage throughout a various range of temperature (-30C to 65C), and where applicable not rot-proof, corrosion-resistant, and not be unduly affected by seawater, oil or fungal attacks, can withstand temperature range from -1C to 30C when immersed in seawater, resistant to sunlight, be highly visible color (orange or red orange) on all parts for easy detection, and be clearly marked with approved information. They have to be class-approved. LIFEBOATS According to Wikipedia, a lifeboat “is a kind of boat that is used to escape a larger sinking structure such as a cruise ship, commercial vessel or aircraft that has landed in water.” All lifeboats shall be of such forms and proportions (totally enclosed lifeboats are now being used and mandatory) that they should be stable in a seaway and sufficient freeboard when loaded with their full complement of persons and equipment. All lifeboats shall have rigid hulls and shall be capable of maintaining positive stability when in an upright position in calm water and loaded with their full complement of persons and equipment and holed in any location below the waterline, assuming no loss of buoyancy material no other damage. Each lifeboat shall be fitted with a class approved certificate and containing at least the manufacturer’s name and address, model and number, month and year of manufacture, number of approved-persons capacity (most common are 10, 16 or 25 person- capacity ), boat markings, and of course the necessary lifeboat equipment, survival kit, first aid and emergency signs. LIFE RAFTS A life raft is a piece of life-saving safety equipment which is continued on page 53 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 49 SVBB celebrates 38th anniversary T he Philippines is considered a major supplier of maritime labor globally. Per POEA data, 367,166 Filipino seafarers were deployed abroad in 2013, comprising almost 30 percent of the global maritime labor force. Given the important role of Filipino seafarers, the Sapalo Velez Bundang Bulilan (SVBB) law offices remains to be one of the leading movers advocating seafarers’ rights through initiatives showcasing its commitment to the principle of social justice. SVBB celebrated its 38th year on August 1, 2014 at the Makati Sports Club. The SVBB cooperates with various stakeholders in ensuring better protection and more benefits for seafarers, often working with government and non-government agencies. Ably supported by an excellent staff, it responds to seafarer matters requiring legal expertise and assists seafarers in the prosecution of their cases. The SVBB has played an instrumental role in assisting families of those who perished in the tragic sinking of several vessels in transit namely the “MV Sea Pine” in October 1978 in Japan, the “MV Antiparos” in January 1981 in South America, the “MV Elma Tres” in November 1981 in Germany, and the “MT Maasguar” in March 1989 also in Japan. The SVBB likewise assisted in facilitating the claims of seafarers who died or were injured during the sinking of the oil rig “DB 29” in the South China Sea in August 1991. Taking its vision of championing seafarers’ rights to heart, the firm,entered a formal collaboration in 2005 with the Apostleship of the Sea (AOS)-Philippines, an office of the Episcopal Commission of Pastoral Care of Migrants and Itinerant people (ECMI) of the Catholic Bishops’ Conference of the Philippines. The SVBB also participates in the activities of various maritime organizations, unions and non-government organizations such as the United Filipino Seafarers (UFS), Ph Maritime Law Association of the Philippines (MARLAW), and Luneta Seafarers Welfare Foundation (LUSWELF), Bantay OCW, Sailors Society, the local CBCP Migrants desks and the different seafarers’ families/ wives organizations to promote the well-being of seafarers and the working class as a whole. SVBB likewise believes that the best way to afford legal protection to seafarers is for them to be informed of their legal rights. SVBB carries this out through lectures on seafarers’ welfare and legal rights in maritime schools, organizations, seafarers’ dormitories, and parishes all over the Philippines and through legal publications and radio programs. SVBB’s Atty. Augusto R. Bundang is a col- umnist of Tinig ng Marino. During the past 19 years, SVBB has been actively participating in the annual AOS-led National Seafarers Day (NSD) which is celebrated during the last Sunday of September through various activi- ties nationwide, including but not limited to the holding of a grand parade ecumenical mass, memorial at sea, oratorical contest, and the search for the top ten maritime students of the Philippines. SVBB is part of the NSD committee. 20th Anniversary Search for Outstanding Tinig ng Marino Awards 2014 Outstanding Manning Agency Outstanding Maritime School Outstanding Training Center Outstanding Master Mariner Outstanding Marine Engineer Outstanding Public Service Outstanding Maritime Safety Outstanding in Marine Environmental Protection Email your nominatios at [email protected] or [email protected] Awarding will be on December 2014 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 51 No holds Barred Maritime Radio Program. Tinig ng Marino on air every Sunday at Radyo Inquirer 990AM band from 10 a.m. to 11 am. NPR and the UFS boys together with Satur Ocampo during the Abolish Pork Barrel and 6 Million signature campaign in Luneta during the National Heroes Day celebration. Prominent figures of batch 67 during the birthday of their bunkmate Capt. Reynaldo Casareo, president of Cargo Safeway Inc. From let to right: Capt. Deo Tuñacao, Capt. Sonny Cuevas, NPR, Capt. Vic Sanches, Capt. Rey Casareo, Capt. Rolly Solda, Rear Admiral Fidel Dinioso, Capt. Danny Balanay, Rear Admiral Doming Estera and Capt. Ernie Fidelino. Interview with GMA7 Reporter’s Note Book on Maritime Disasters in the Philippines which was aired September 19, 2014. NPR with Capt. Edith Vera (PCGA) (third from the left) president of Negros NPR together with the executives of MLC during the first anniversary of Maritime Labour Convention Maritime College Foundation Inc. during the 20th Anniversary of NMCFI and of the country and its formal compliance held at AMOSUP Convention Center. her birthday. NPR as expert witness together with the families of the victims of MV Princess of NPR with the Attorneys of Sapalo Velez Bundang and Bulilan Law firm, the official UFS legal partthe Stars of Suplicio Line (now Philippine Span Asia Corp.) during the hearing versus ner since 1994. From left to right: Atty. Romeo Duran, Atty. Romeo Fortea, Atty. Neptali Bulilan, Atty. Dennis Gorecho, NPR, Atty. Ignacio “ Champ” Sapalo and Atty. Augusto Bundang Sulpicio Line at Cebu City. 52 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO Onli In Da PILIPINS What? What!? We do not allow overloading of passenger ships. The franchise and certificate of convenience will be CANCELLED IMMEDIATELY. Walang bolahan sa MARINA. CROSS MY HEART! TransPOORtations Soichiro Honda Wakaranai!!! I invented motorsaykor in Japang onri DARAWANG GURONG. Piriping make TATRONG GURONG and make business. TAKSANG passengers. MARINA Administrator Maximo Mejia Jr. Walaaaaaaaaaaaa nga!!!! Walang CCTV sa NAIA Terminal 3. Kung mababaril ka sa NAIA Terminal 3, hindi malalaman kung sino ang bumaril sa iyo..... Hindi ba sumubsob ang nguso ng eroplanong yan???? Ang ibig sabihin niyan. Ayos naman. Hindi naman nasunog. NAIA GM Angel Honrado Sinungaling yan si Ambassador Josef Rychtar. Hindi kami pamilya ng mangongotong! Lahat ng MRT ay maayos ang maintenance. Tignan ninyo yan. Hindi ba MAAYOS yan? Magsalita kayo! Former MRT GM Al Vitangcol III Ang Willys Jeep ay dinala ng mga amerikano sa bansa noong World War II. Nagulat ang mga beteranong kano nang makita nila kung ano ang ginawa natin sa kanilang jeep. Sosyal ano? kaya nga. ONLI IN DA PILIPINS. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO CSOs launch anti-trafficking summits with help from Dutch Embassy, IACAT T hree civil society organizations (CSOs) are launching three regional and sectoral summits against human trafficking in partnership with the Embassy of the Kingdom of the Netherlands and the Inter-Agency Council Against Trafficking (IACAT) for the last quarter of this year. These three CSOs are the Blas F. Ople Policy Center (BFOC), International Justice Mission (IJM) and the Visayan Forum Foundation, Inc. (VFFI), which represent the OFW, child, and women’s sectors in IACAT, respectively. “The Netherlands Embassy takes great pride in having this partnership with the three NGOs at the forefront of the fight against human trafficking in the Philippines. Through this summit, we hope to bring together members of civil society, including those organizations that are working at the grassroot levels, and learn how we can all work together towards the common goal of fighting human trafficking,” Charge d’ Affaires Joop Scheffers of the Netherlands Embassy said. The first summit which kicked off on Aug.29-29 at traders’ Hotel, Pasay City focused on how technology can help prevent and detect human trafficking, particularly among Overseas Filipino Workers (OFWs) who often fall victims of trafficking in persons and illegal recruitment. An expert from Dutch government, Arjan Verhagen who serves as Thematic Liason Officer of Dutch government shares his country’s experience in dealing with the online child exploitation, and technology firms have been invited to showcase their products and services so that anti-trafficking advocates can see how these may be used to advance their cause. IACAT member-agencies, such as the Philippine Overseas Employment Administration, the National Bureau of Investigation and the Philippine National Police discussed their respective online-based campaigns agaisnt illegal recruitment and human trafficking and 53 introduced its national hotline 1343 through the commission on Filipinos Overseas. Justice Undersecretary Jose Vicente Salazar, in-charge of IACA, said the CSO summits once again highlight the Philippine’s relentless anti-human trafficking campaign which is anchored on a multi-seccontinued on page 55 54 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO NOTICE TO THE PUBLIC NOTICE OF REWARD DECKMASTER MARINE SOFTWARES, INC. is the registered copyright owner of LoadMan and BridgeMan computer software programs. A Reward of FIFTY THOUSAND PESOS (P50,000.00) will be given to anyone whose information will lead to the apprehension of any person who sells or distributes pirated LoadMan and/or BridgeMan Programs. Persons who purchase, sell or distribute unauthorized or pirated copies of said computer software programs can and will be criminally prosecuted in accordance with Article 217 of the Intellectual Property Code of the Philippines. ALCUDIA LAW OFFICE Counsel for Deckmaster Marine A Reward of FIFTY THOUSAND PESOS (P50,000.00) will be given to anyone whose information will lead to the apprehension of any person who uses pirated LoadMan and/or BridgeMan Programs. The information received shall be treated with utmost confidentiality. Please Contact: Deckmaster Marine Mobile: 0917 591 6901 Landline: 788 9124 E-mail: [email protected] SEPTEMBER - OCTOBER 2014 from page 53 CSOs launch antitrafficking summits... toral approach involving partnership with other countries like The Netherlands, collaboration with other government agencies, and tie-ups with non-government organizations. Technology firms, such as Viber, Microsoft, Orange Apps, and social advocacy movement, Change. Org, among others, have been invited to participate on the technology and anti-trafficking summit. from page 40 Seizure of Ships Used for Mass... US Marine Corps Gen. John F. Kelly says that countries like Canada, the United Kingdom, the Netherlands and France have been providing aircrafts and vessels to aid in the efforts to seize drug-carrying vessels on the high seas. He adds that the governments of Colombia, Panama, Honduras, Guatemala, and El Salvador have been “unbelievable partners’ as well, doing what they can to destroy illicit shipments before it can be sent out of their respective jurisdictions. Filipino seafarers are not typically involved in reported largescale drug trafficking operations, until more than eight years later, the Martinique incident is still the most recent one that comes to mind. On March 22, 2006, French Navy and custom officials arrested and detained 11 Filipino seamen after discovering 1.8 tons of cocaine hidden in the water tank of the M/V Master Endeavor. Captain Lee Macoy, along with crewmembers Ramil Aguilar, Porferio Atienza, Christopher Baylosis, Joseph Cosare, Basilio Cuyos, Johnny Galapon, Reynaldo Galedo, Samuel Lubiano, Hermogenes Misa and Efren Nillos were all found guilty by the French court and sentenced to prison terms ranging from 5 to 14 years. Upon the instruction of the Department of Foreign Affairs (DFA), the Philippine Embassy in Paris was able to effect the repatriation of five of these seafarers in 2010. Efforts for the reduction of sentences and the earlier release of the others continue up to the present. The two summit will be hosted by IJM and VFFI in October and November 2014 in Iloilo and Davao, respectively. IJM focuses on child trafficking while VFFI represents the women’s sector in IACAT. In each summit, renowned experts in the field have been invited to shed light on the situation of human trafficking in the Philippines to keep advocates abreast on emerging trends and challenges. Representative from the member-agencies of IACAT which is mandated to prevent and combat trafficking are also expected to attend TINIG NG MARINO the summit in order to give the participants updated reports on the national government’ program on TIP. The summits are expected to enhance and strengthen cooperation among the CSOs dedicated in preventing and combating labor, women and child trafficking not only through referrals and exchanges of information on best practices, but also, in discussing future projects and possible collaborations with IACAT and the Dutch Embassy. The Netherlands has forged a strong partnership with the Philippine government and Philippine civ- 55 il society in the field of anti-human trafficking advocacy. “Human trafficking inflicts severe and often long lasting harm on the most vulnerable people of our societies, frequently undetected and concealed to mainstream society. Thus, partnership and cooperation constitute an integral part of anti-trafficking policies and their implementation, both on a national and international level, to make information more accessible and services to victims and potential victims readily-available”, scheffers added. TINIG NG MARINO 56 SEPTEMBER - OCTOBER 2014 Dare the difference! W hat is the big difference between Tinig ng Marino and other maritime newspapers? It’s helluva lot of a difference. In terms of volume and readership reach, Tinig ng Marino can stand and challenge all other maritime papers including the glossy ones as to which is widely circulated or attained an optimum pass-on readership. The 2 Philippine Seafarer Congress nd - OCTOBER 2012 SEPTEMBER Vol. XVIII No.5 SEPTEMBER - OCTOBER 2012 http:www.ufs.com.ph TINIG NG MARINO 1 p32 PHP 20.00 Philippines ratifies Maritime Labour Convention Story on page 3 Danita Paner Alternative Princess TURN TO PAGE 40 As the biggest and the widest in circulation, it can take any challenge by counting the number of copies that Tinig has printed for each issue. It also reaches the various corners of the world where Filipino seafarers set sail and confront the high seas. Over the years, Tinig has been consistent on the issues it has fought for, particularly on its advocacy to inform the public about the real things that is happening in the industry. It has fearlessly published what other maritime papers have failed to do. As it exposes anomalies, it also publishes the good things about this dynamic sector. Most of Tinig articles are even exclusive because we are there where the action is -- as one of the players in the industry. Being the official publication of the United Filipino Seafarers, Tinig ng Marino has been influential in the the many changes occurring in the country’s maritime industry. The evidence can be easily verified by browsing the UFS website. It need not engage in cutthroat competition by bringing advertisement rate down and employing sexy marketing managers. Tinig clients knew they get their money’s worth. It would be unfair to compare Tinig ng Marino to other maritime newspapers just as if one were comparing a choice between Rolls Royce and a Kia Pride. Season’s Greetings Vol. XVIII No.6 NOVEMBER - DECEMBER 2012 http:www.ufs.com.ph PHP 20.00 Seafarers hail congress a success Story on page 3 TIN PATRIMONIO A real sweetheart ENTERTAINMENT ►PAGE 42 TNM Exclusive: Unholy Alliance 4 ►PAGE 22 SEPTEMBER - OCTOBER 2014 from page 42 Families of SEWOL... that was estimated to have been attended by 800,000 (including some non-Catholics impressed by Francis’ humble leadership), the pope made a stop by a group of SEWOL tragedy families staying in what had been left of their dismantled camp. Eyewitnesses said that he climbed down from his vehicle and greeted Kim Young-Oh, a grieving father who has been on hunger strike for more than a month like the other relatives. After pressing the pope’s hand to his forehead several times, Kim handed the pope a letter which the latter accepted and kept in his pocket. Other relatives also had a chance to exchange a few words with the pontiff during the 10-minute face-to-face encounter. In the end, the pope gave each a hug and a kiss in farewell with a promise that he will remember their stories. At the altar itself, Francis offered a special prayer after celebrating the Assumption Mass: “May the Lord welcome the dead into his peace, console those who mourn, and continue to sustain those who so generously came to the aid of their brothers and sisters. May this tragic event, which has brought all Koreans together in grief, confirm their commitment to work together in solidarity for the common good.” The MV Sewol ferry capsized enroute from Incheon to Jeju on April 15, 2014. Of the 476 people onboard, more than 300 died while around 172 were rescued by fishing boats and commercial vessels which arrived first on the scene. Many of the victims were high school students from Danwon High School. The direct causes for the capsizing are assumed to be overloading and failure to properly secure cargo. Dur- TINIG NG MARINO ing the fatal journey, the MV Sewol was found to have been carrying more than three times her limit, and only one-fourth of her recommended ballast weight. The ferry was on a frequently travelled route in familiar waters, which were calm at that time. While the area was relatively close to shore, it was free of rocks and reefs. The most unacceptable part about the tragedy was that the loss of so many could have been prevented had the crew attempted to evacuate the mostly under-aged passengers rather than jump ship to save themselves. Some media reports say that the vessel took a sharp turn which caused its cargo to shift, and the vessel to start listing. A surviving crewman reported that after spending 30 minutes to right the ship when it started listing, Sewol’s captain, Lee Joonseok agreed that it was time to abandon ship but did not see to it that the 57 order was communicated to passengers. Instead, he abandoned his command about two minutes after determining that the ship could no longer be righted and there was rescue footage showing his early flight. Meanwhile, ship communication officer Kang Hae-seong told passengers to remain where they were to prevent panic. Orders repeatedly blared over the public address system exhorted everyone to stay in their cabins and below decks even as the vessel slowly sank. For almost an hour, the water gradually rose as the students dutifully obeyed. Lee and three other officers are facing criminal charges for homicide through willful negligence. They will face the death penalty if found guilty. Eleven other crewmembers are charged with counts of negligence and abandoning ship, offenses which can land them many years in prison. 58 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO by Alvin Patrimonio Prominent Seafarers Engage in Sports On the greens of the golf courses after sailing on the wide blue oceans NPR, Erick Lauren, Vice Admiral Tolentino, Capt. Danny Tampus and caddies Gina Tolentino and Arlene Amparo at the greens of Eagle Ridge Marine Septuagenarian runner finishes 42K run Capt. Reynaldo Casareo, president of Cargo Safeway Inc. (CSI), finished 42 K run of the 18th National Milo Marathon last July 27, 2014. Out of 2541 runners, who made it to the cut of time, Capt. Casareo ranked 2462 and belongs to the only two septuagenarian (70 years and up) finisher with the chip time of six hours and one minute. Likewise, 66 of his trainees out of 90 who registered (Marine under graduates) finished Capt. Rey Casareo the 42K at five hours and below which is the CSI simple requirements. Capt. Casareo is scheduled to run in the prestigious Tokyo International Marathon in February 2015. from page 48 Unfair Trade practices Capt. Jess Morales after a full swing on the tee NPR’s signature swing The sunbaggers before the start of the game Vice Admiral Tolentino on the full swing shot Erick Lauren goes for the longest drive The cut throat competition has produced indecent result where rebates have become a malady, a sine qua non in almost every training center rather than an exception of the rule. Declared instructors/assessors in the enrolment reports are actually on board a ship and currently sailing in the Pacific Ocean but his shadow or his spirit still appears in the training center giving lectures. Tinig Ng Marino suggests that a CCTV must be installed in every training center that can be monitored by MARINA personnel 24/7 even if the training center is located in the province. If we apply this system, I believe, there will be no more training centers giving lectures in the wee hours of the night. This rotten system must be stopped now. Stop unfair trade practice. SEPTEMBER - OCTOBER 2014 TINIG NG MARINO 59 APO, MARINA Submit Counter Affidavit on SIRB Case filed by NPR I n the interest of fair play, we are pleased to inform the reading public of the recent developments on the cases filed by UFS against MARINA and APO in connection with the delayed delivery of the Seafarer’s Identification and Record Books (SIRB). On July 17, 2014, Mr. Jaime Hemedes Aldaba, executive vice president and general manager of APO Production Unit, submitted his answer to the complaint filed by TNM’s Engr. Nelson P. Ramirez on May 8, 2014. In his counter-affidavit, Mr. Aldaba claims that the allegations against him are “false, totally unsubstantiated, and are patently speculative and conjectural.” APO Production Unit was the duly-qualified printer engaged by MARINA and is therefore solely responsible for the printing and delivery of the SIRB and stickers for fiscal year 2014. In his affidavit, Aldaba proudly proclaims that his company is a “recognized government printer” that is duly authorized to undertake the printing of accountable forms, sensitive, high quality or high volume printing requirements for the government.“ He also claims that APO and MARINA “have an established business relationship for the past six years, emphasizing the fact that APO has supplied MARINA with a total of 130,000 SIRBs in 2008 and 2009 alone”. If we are to believe his claim of efficiency, then who should be held liable for the delayed delivery of the SIRB? Who should take the blame for the paper print-out issued by MARINA in lieu of the actual SIRB? This SIRB fiasco has made our Filipino seafarers the laughing stock of the maritime industry aside from exposing our countrymen to the perils of forced unemployment. Aldaba narrated that it was on January 23, 2014 that APO received the Request for Quotation (RFQ) dated January 20, 2014 from MARINA. “The 2014 RFQ states that the MARINA needed 200,000 SIRBs and stickers, and asked APO to quote [our] lowest price therefore. The 2014 RFQ was accompanied by a docu- by Atty. Elviro “Jun” C. Perez II ment entitled Procurement of Seafarer’s Identification and Record Book (SIRB) and Stickers of the Maritime and Industry Authority for FY 2014 Technical Specification and Terms of Reference (TOR) dated January 13, 2014. The 2014 TOR identified the approved budget for the contract (which was P60,000,000.00) and prescribed the specifications for the SIRBs and stickers as well as the schedule for the deliveries thereof.” Aldaba said that APO submitted its Offer to Print in response to the 2014 RFQ on February 3, 2014. “APO stated that it could deliver the 200,000 SIRBs and stickers to the MARINA at the price of P295.00 per booklet, or for the aggregate sum of P59,000,000.00. Thus, not only was APO’s quotation within the MARINA’s approved budget of P60,000,000.00, it even incorporated or factored in savings for the MARINA in the sum of P1,000,000.00. In a glaring display of selective recollection, Aldaba purposely omitted the evaluation made by the BAC-TWG (Bids and Awards Committee, Technical Working Group) on the bids submitted by APO and NPO (National Printing Office). The evaluation indicated that APO did not submit the delivery schedule, where the BAC-TWG gave them a “0” rating. The evaluation was contained in a BAC-TWG Memorandum dated February 4, 2014 which forms part of the joint counter-affidavit submitted by Dr. Maximo Q. Mejia, et al. on July 11, 2014. APO’s failure to submit the proposed delivery sched- ule in its bid should have raised a red flag. This fact alone proves that APO is unsure of its competence to provide a certain date for the delivery of the SIRB. Despite this deficiency, MARINA decided to award the contract to APO on the basis of APO being the lowest bidder which will generate a measly savings of P1,000,000.00 for MARINA. All told, the lowest bidder who “factored in savings for the MARINA in the sum of P1,000,000.00” did more harm than good. If APO was confident, given its track record on the printing of SIRBs for MARINA in 2008 and 2009, why then did they not submit a delivery schedule in their Offer to Print? Article 1339 of the Civil Code of the Philippines states that “Failure to disclose facts, when there is a duty to reveal them, as when the parties are bound by confidential relations, constitutes fraud.” According to the Memorandum of Agreement between APO and MARINA, the stipulated delivery schedule of the first 40,000 (which was 20 percent) of the SIRBs and stickers was supposed to start on February 26, 2014. Aldaba however claims that “I signed the MOA on behalf of APO on February 27, 2014. APO received the MARINA’s Notice to Proceed dated February 7, 2014, which directed APO to proceed immediately with the printing and delivery of the SIRBs and stickers also on February 27, 2014. Considering the impossibility of following the February 26, 2014 delivery date for the first 40,000 SIRBs and stickers, APO instead undertook to deliver 100,000 SIRBs and stickers to the MARINA on April 15, 2014”. The contract is the law between the parties. Considering that the MOA between the MARINA and APO was signed only on Feb. 27, 2014, it follows then that APO knew beforehand that they will definitely renege on the initial batch of 40,000 SIRBs that was expected to be delivered on February 26, 2014. Why did APO not raise the issue of the delivery of the first 40,000 copies of the SIRB? Why did APO sign the MOA despite “the impossibility of following the February 26, 2014 delivery date for the first 40,000 SIRBs and stickers?” Under the circumstances, the most prudent thing that APO should have done was to ask for the reformation of the contract, which was the MOA between the MARINA and APO. “Reformation is a remedy in equity by means of which a written instrument is made or construed so as to express or conform to the real intention of the parties when some error or mistake has been committed.” (53 Corpus Juris 906) According to the Civil Code of the Philippines, “When, there having been a meeting of the minds of the parties to a contract, their true intention is not expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud, inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to the end that such true intention may be expressed. x x x (Art. 1359, Par. 1)“ Aldaba argued strongly that no criminal liability arises from the delays APO incurred in delivering the SIRBs. He candidly admitted that “I do not deny that APO was unable to deliver the required number of SIRBs to the MARINA for two delivery periods [a total of 100,000 SIRBs, 40,000 of which should have been delivered on or before February 26, 2014, and 60,000 of which should have been delivered on or before April 15, 2014]. However, as I explained at paragraphs 19-21 above, continued on page 60 60 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO M.T. PRINCESS CRYSTAL Online Share ko lang experience ko sa SIMS sa pagkuha ng BT CERTIFICATE noong September 8, 2014. Sabado palang, Sept 6 2014 tapos na ako mag practicum sa cavite,.. then monday daw ang release ng mga certificate.. so punta ako with my colleagues monday early morning.. We’ve been there 7am palang.. yung iba ko kasama 5am palang andun na,.. binigyan kami ng queuing number around 7am.. 9am na wala pang nirerelease na BT certificate! Nung nagtanong kami, hindi pa daw napipirmahan ng president ng SIMS (Southerm Institure of Marime Studies), balik nalang daw kami after lunch 1:30pm..(Kung hindi pa kami magtatanong, hindi pa nila sasabihin). Bumalik kami ng 1:30pm gaya ng sabi nila,..naghintay kami, hanggang 2pm.. nung lumapit kami sa releasing,wala pa daw pirma.. kung hindi pa namin tinaasan ng boses hindi pa sila aakyat sa head nila... sa wakas nag release sila! pero pa isa isa! ang masama pa neto, una pa nabigyan ang mga 12nn na dumating!!! tinanong ko,.. bakit ganon? diba may number? di nila masagot.. walang masabi at hindi namamansin.. yung kasama ko na 5am palang andun na sa SIMS nabigyan ng BT CERTIFI- Southern Institute of Maritime Studies CATE 3:30 ng hapon.. pagdating ng mga BT CERT namin ng 4pm, kulang kulang na! walang ER at TCROA! yung mga unang nabigyan, kumpleto ang release sakanila! nagalit ako at tumaas ang boses ko, hindi nila masabi ang dahilan kung bakit walang TCROA, ang sabi lang nila nagkaproblema daw.. BADTRIP LEV- From left to right: O/S Jayson Garcia, C/Ck Sammil Completo, OLR Ian DominEL 99%! kulang kulang na nga, hindi pa go, 3/O Jeromy Guilaran, AB Ricky Pinalber, AB Victorino Manua, AB Vibiano Palapas, OLR Jessie Ajoc, 3AE Cesar Caliwan marunong maghandle ng mga complain ng mga trainees! umakyat ako at sumu- Hindi po sila mga patay. Sila po ay ang mga bagong god sa 2nd floor sa office nila at sinabi ko bakit naman ganon?! agad akong bayani natin na pumipila sa MARINA tuwing umaga! nilapitan ng isang babae at pinapasok ako sa office nila sa loob at binigyan ako ng TCROA..( kung hindi ka marunong dumiskarte, gagawin ka nilang tanga at pababalik-balikin).. Bumalik ako sa baba,.. sabi ko, “AKALA KO BA MAY PROBLEMA TCROA?” no comment mga nasa releasing....(kawawa yung mga pinabalik kanina, hindi pa rin nabigyan ng TCROA, NA ang nangyari.. madali lang daw AY- MUNTA SA MARINA DAHIL MAY hindi maka apply ng COP) USIN yun.. (ang nakakabadtrip, di man INAAYOS PANG GUSOT! SAYANG Then kanina pumunta ako ng MARINA lang kami ininform na ganun pala eh di ANG PERA, PAGOD AT EFFORT AT para mag apply ng Seaman’s Book.. sana sa iba nalang kami kumuha ng BT ARAW!!! ANG DAMI PANG DAPAT ngunit hindi kami nakakuha dahil training, sana hindi sila tumatanggap ng ASIKASUHIN AT MAY PAMILYA PA suspended daw ang SIMS sa marina mga nag eenroll may issue pala sila sa AKO! NASASAYANG ORAS KO PABsakanila... may issue daw ang license MARINA! at isa pa, PARA SAAN ANG ALIK BALIK SA SIMS!!!!!!!!!!!!!!) nila.. bumalik kami ng SIMS para CONTACT NUMBER NA INIIWAN magreklamo, balik nalang daw bukas at NG MGA TRAINEE!!!??!! WALA MAN Yours truly, pagme-meetingan pa nila daw sa MARI- LANG ADVISE NA WAG MUNA PU- SALVADOR CALIDAYAN from page 59 APO, Marina submit... not only has APO been able to “makeup” those deliveries, APO is now on track to deliver all remaining SIRBs to the MARINA by September 10, 2014 – or more than an entire month ahead of the October 15, 2014 deadline set in the 2014 MOA.” Even if APO will be able to comply by delivering ”all remaining SIRBs to the MARINA by September 10, 2014 – or more than an entire month ahead of the October 15, 2014 deadline set in the 2014 MOA”, the fact remains that they were in breach of their obligation by failing to meet the first two delivery periods. Res ipsa loquitur. To be continued… Part 2 shall discuss the joint counter affidavit of MARINA. SEPTEMBER - OCTOBER 2014 from page 48 LIFEsavers at... used to provide emergency transportation to get people from a sinking or endangered vessel. Life rafts are at least collapsible, in contrast to lifeboats, which are solid. Typically, life rafts are stored in their collapsible state and they need to be regularly inspected to confirm that they are in compliance and in good working condition. When passengers get on board a ship, they should always make sure to determine the location of life rafts and find out if they have been assigned to a specific life raft or lifeboat in the event of an emergency. (Our domestic shipping lines and vessels should take note of this!). Some life rafts are inflatable. They are made from durable materials and may have attached inflation canisters which activate when the tab is pulled. This design is intended to ensure that the raft inflates quickly in an emergency and that the inflation is easy to perform even if no staff from the ship are available to assist. Other life rafts may have collapsible designs such as sides which can be folded down when the rafts are not in use, others are open reversible. They could either be thrown-overboard or davit-launched life raft. Lastly, every life raft launching appliance shall comply with the requirements as survival craft or rescue boat, except with regard to embarkation in the stowed position, recovery of the loaded life raft and that manual operation is permitted for turning out the appliance (LSA Code Reference). LIFEJACKETS and LIFEVESTS, LIFEBUOYS LIFEJACKET is a “safety device designed to keep someone’s nose and mouth above water should the person fall overboard.” Lifejackets are required safety equipment on board boats and passengers are expected to wear them or have ready access to them in the event of emergency. There are a number of lifejacket designs available for various applications and they are available through catalogs and marine equipment suppliers. Lifejackets strap securely to the body with adjustable straps to hold them snuggly in place, even when people fall from heights. Chambers filled with air, foam core, cork and other light substance force the person up, keeping the head above water (SOLAS). Lifejackets protect people who are unconscious, injured, or fatigued preventing them from slipping underwater and drowning while they wait for rescue. Typically, life jackets are brightly colored to make them easier for rescuers to spot. Some have beacons designed to light up when activated, allowing for nightime rescue and the beacons can also be fitted with responders to send a signal to another location. Additional fittings such as small pouches to hold energy bars or water may be available for some designs. There are now motions or proposals to have lifejackets of shipping vessels be located under each bed for easy access during emergency like the ones under the aircraft or planes. LIFEBUOYS Again from Wikipedia, lifebuoy, also known as Kisby ring or Perry buoy, is a life-saving buoy designed to be thrown to a person in the water to provide buoyancy, and to prevent drowning. Some lifebuoys are fitted with one or more seawater activated lights to aid rescue at night. The lifebuoy is a ring or horseshoe-shaped and has a connecting line allowing the casualty to be pulled to the rescuer. They are carried by ships and are also located beside bodies of water that has a depth or potential to drown someone. In summary, all ships must carry certain emergency and life-saving equipment. This equipment must meet minimum standards and must be properly tested and serviced. There are different requirements depending on the size and type of ship and where it operates. Emergency and life-saving equipment include things like: lifeboats and life rafts, lifebuoys, lifejackets and attachments, buoyancy apparatus, emergency alarm systems and public address systems, marine evacuation systems, radio communications and fire-fighting equipment, IMO symbols and safety signs. Most importantly, we need these as lifelines in sea travel and pray that we will not use them after all. About the author Engr. Rene B. Morgia is presently an environmental, health and safety consultant and formerly the General Manager of Viking Life-Saving System Phils a global leader in maritime safety providing and servicing essential safety and rescue equipment for passenger and cargo vessels, offshore installations, the defense and firefighting sector and other maritime industries. He has a Master’s Degree in Environmental, Health and Safety Management at Murdoch University, Perth, Western Australia and has more than 20-yr solid experience in PPE’s , environmental and safety products as well as flow control valves in the shipping, oil and gas industry. He is a Professional Steam Engineer (marine and stationary boiler inspector) Licensed under the State of California and also a Registered Chemical Engineer. TINIG NG MARINO 61 62 SEPTEMBER - OCTOBER 2014 TINIG NG MARINO ANG ALAGA NI BISAYA HEADLINE BUKAS, NGAYON ANG BROADKAS ang astig na TATOO ni totoy .................... Bisaya:Hulaan mo kung ano ang alaga kong hayop, nagsisimula sa liter I. Gardo: Isda? Bisaya: Dili man. Gardo: Alam ko na. Yan ay Ibon? Bisaya: Malapit na. Gardo: ha? Anu nga? Sirit na! Bisaya: eh di IGOL! LoL! WALANG GANYAN KATABA! Good News! Walang Bad news. Tahanang walang hagdan, Inakyat! Isang bakla, ginahasa, tuwang-tuwa! Tindera ng suka, tinuyo! Bulag nakapatay, nagdilim daw ang paningin! Teacher nagkamali, tinuruan. Basurero nagsampa ng kaso, binasura! Tubero, nagkatulo! Barkong lumubog, hindi nakatiis, lumutang! Buntis sinaksak, sanggol nakaiwas! Sa sugalan..... Pedro: Hala pare! Parating na ang asawa mo mukhang papauwiin ka na! Juan: Wala iyan kapag nakita niyan ang tattoo ko aalis agad iyan! D ig o l :K a l o k o h a n ! Wa l a n g taong ganyan kataba. Aina: Saan mo ba nakuha ang balitang iyan. Digol: Dito sa dyaryo. Ang sabi “Bristish tourist lost (Dumating ang misis pinakita agad ni Juan ang tattoo. Nang 2,000 pounds”! makita, ay agad umalis si misis.) Pedro: Bilib na ako sayo pare! Patingin nga ng tatto mo? FOR OFFICIAL USE ONLY TATOO: (“Mauna ka na Boss susunod na ako”) USA: Stealing is against the law. PRINSESA O 1 BILYON? England: Foreigners who are Hari:Kung sino ang makakalangoy sa caught stealing will be ilog na puro buwaya ay papapilideported. in ko siya. Prinsesa o 1 Bilyon! Saudi Arabia: Steal and your (Kabado ang lahat , walang sumubok hands will be cut off. kahit isa ng biglang tumalon ang isang Philippines: Stealing is FOR lalaki at ligtas na nakalangoy) OFFICIAL USE ONLY. Hari: Magaling! Anu gusto mo? LUMABAS ANG Prinsesa o 1 Bilyon? Lalake: Wala akong pakialam sa anak MATAPANG mo o sa 1 Bilyon!!! Ang gusto kong malaman ay kung sino ang tarantadong tumulak sa akin! BERI ESI Pacman: It flash to my nose three time for they buy dead too. Mommy D: Beri Esi, Eh di ekuals portin. Lasing: Hoy! Sinong matapang?! Labas! Pokmoy: Ako! Bakit? Lalaban ka? Pustahan tayo, babasahin ninyo ulit. Lasing: Pare, Ihatid mo naman ako Hala sige. PAG-ISIPAN NINYO sa bahay, natatakot ako kay mga readers. misis eh. Si BEN 10 At si Ben 11