Ro-ro shipping operator sues Aklan gov’t, SP, treasurer
BY BOY RYAN B. ZABAL

ROLL ON ROLL VESSELS. The Caticlan Jetty port is the main jump-off point to the famed island of Boracay where shipping operators docked their vessels as part of the Strong Republic Nautical Highway program of the national government.

KALIBO, Aklan – A shipping operator plying the Caticlan-Roxas Mindoro route wants the provincial ordinance imposing berthing fees for those vessels docking at the Caticlan jetty port declared “unconstitutional, contrary to law, and void.”
Montenegro Shipping Lines, in Civil Case No. 7930, questioned Provincial Ordinance No. 02-004 and Section 5 Article VI of the Caticlan Jetty Port Administrative Code. It asked the court for an Injunction and Temporary Restraining Order against the provincial government of Aklan and the provincial treasurer.
“A great and irreparable injury to the public and thousands of passengers availing the services of the vessels cannot be simply measured in monetary terms, thus a temporary restraining order is imperative,” the Montenegro Shipping Lines said.
Roll-on, roll-off vessels are staunch supporters of President Gloria Macapagal-Arroyo’s flagship program – the Strong Republic Nautical Highway serving the routes of Caticlan, Malay, Aklan-Roxas, Oriental Mindoro.
“We believe that it is within the local government powers to collect the fees,” insisted Aklan Vice Gov. Ronquillo Tolentino – presiding officer of the Sangguniang Panlalawigan (SP) of Aklan – after the hearing before Regional Trial Court Branch 8 on Monday afternoon.
The shipping operator stressed they have to pay the Philippine Ports Authority (PPA) docking fees before they are allowed to sail from the Roxas, Mindoro port, but on February 2005, the provincial government operating the Caticlan jetty port started to assess them with berthing fees though they paid it to the PPA.
BERTHING FEES

Provincial Ordinance No. 02-004’s (Caticlan Jetty Port Administrative Code) Section 5, Article VI imposes a berthing fee of P1,000 to be collected from all boats docking along the pier reserved for large ferry boats, and an additional P100 in excess of one hour.
Last July 10, 2006, PPA issued a memorandum addressed to all Port District managers / terminal supervisors concerning Department of Interior and Local Government (DILG) Secretary Ronaldo Puno’s Memorandum Circular No. 2006-70 to refrain from enforcing any ordinance authorizing the levy of fees and taxes on inter-province transport of goods, regulatory fees from passengers in local ports and cause the immediate repeal of the ordinance imposing of those specified fees and taxes.
On August 15, 2006, Montenegro also sent a letter to Aklan Gov. Carlito Marquez to desist from collecting the berthing fees and to refund all payments of berthing fees collected of P445,600 from January 1 to July 31, 2006.
“The memorandum is addressed to all provincial governors to suspend their imposition and collection of illegal fees and taxes on the transport of goods and passengers passing through the territorial jurisdictions,” lawyer Zeus Librojo of Montenegro Shipping Lines said.
HEATING UP

However, on October 26, 2006, the shipping operator received a letter from Caticlan jetty port Administrator Nieven Maquirang disallowing them to dock at the Caticlan jetty port effective November 1, 2006 unless they pay the berthing fees.
Montenegro said they asked DILG Regional Director Evelyn Trompeta to immediately direct Marquez and the Sangguniang Panlalawigan of Aklan to revoke Memorandum 2006-311 imposing the berthing fees, and to avert great damage to the public during the peak season beginning on November 1.
But on October 31, 2006, Trompeta pointed out, “it appears that both parties have conflicting appreciation/interpretation of the law, hence, it is for the best interest of the parties to finally resolve the issue before the court.”
The provincial government, later, extended the docking of vessels of Montenegro Shipping Lines until November 6, 2006 due to the expected increase in the volume of passengers during the All Saint’s Day.