As I See It
Car insurance firms got what they deserved
By Neal Cruz
Philippine Daily Inquirer
First Posted 01:28:00 07/18/2008
MANILA, Philippines—It seems Philippine ships are carrying toxic cargo without their captains or the shipping lines knowing about it. When MV Princess of the Stars sank off Sibuyan Island with a deadly cargo in its hold, another ship sank off Antique province almost at the same time at the height of Typhoon “Frank,” also with a toxic cargo. The cargo ship MV Ocean Papa carried 16 metric tons of a carcinogenic substance called toluene di-isocyanate (TDI), according to the Department of Environment and Natural Resources. TDI is “extremely toxic from acute and chronic exposures,” according to the US Environmental Protection Agency. Exposure to TDI results in severe irritation of the skin and eyes and affects the respiratory, gastrointestinal and central nervous systems. It is highly poisonous to humans if ingested.
The owner of the cargo ship, Ocean Container Lines, said it did not know that one of its container vans carried TDI. It said the cargo was only marked “Polyther Polyvol GP3001” and had no indication that it was toxic. Sulpicio Lines also said that it was unaware that MV Princess of the Stars was carrying a toxic cargo.
In Davao province, people living in and around banana plantations have known for many years that they were being sprayed a toxic pesticide and have been complaining about it but the national government is not doing anything to stop the spraying.
The Davao folk went to the Kapihan sa Manila media forum last Monday to say that the spraying of fungicide in banana plantations by airplanes was giving them skin and respiratory diseases and that several persons had died. Lawyer Odessa Sta. Maria of Saligan, Rene Pineda Jr. of the Davao Anti-Aerial Spraying Movement and Ed Aurelio Reyes of the Philippine Environment Movement said that the people have been complaining since more than four years ago and the Davao City Council started deliberating on it not long after. In February last year, the council passed an ordinance banning aerial spraying, which took effect March 23, 2007.
But the Philippine Banana Growers and Exporters Association (PBGEA) filed a civil case to stop the implementation of the ordinance. The Davao City regional trial court upheld its constitutionality. But the PBGEA filed a motion for the issuance of a TRO and/or writ of preliminary injunction with the Court of Appeals. The CA issued the injunction and the banana growers immediately resumed spraying.
The plantation owners said aerial spraying is the most economical way of controlling a fungus that attacks banana plants. The people said that spraying by air carries the fungicide up to three kilometers beyond the plantations and into their homes. They said they are not against aerial spraying in the middle of the plantations and want that spraying in the peripheries be done manually or with booms mounted on trucks so that the fungicide does not reach them. The banana growers said that is not cost effective and they would lose money.
The Department of Health and the Fertilizer and Pesticide Authority (FPA) said aerial spraying was “safe.” The Davao City Council said it was its duty to protect the health of its constituents, hence the ordinance.
For its part, the FPA, through Director Norlito Gicana and Deputy Director Dario Sabularse, said it would follow whatever the courts would decide.
As I see it, the health of the people, not the profit of the banana growers, should be paramount. When in doubt, the issue should be resolved in favor of the people’s health. And from where I sit, the problem is not hard to resolve. The people are not opposed to all aerial spraying, only aerial spraying near their homes so that even they are sprayed with the chemical. Spraying can continue near their homes, but only manually or with trucks so that they are spared from the fungicide. Profits of the banana growers will go down a little, but since they are earning billions anyway, that reduction would not send them to the poor house.
The FPA doesn’t have to wait for the courts to tell it what to do (the courts take too long). On its own, the FPA can issue rules allowing aerial spraying except in areas near houses. That’s a sensible compromise, isn’t it?
The people’s fears will be assuaged and they will then make good neighbors. And the plantation owners will not be called “greedy” and “heartless.”
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Insurance companies selling CTPL (Compulsory Third-Party Liability) insurance policies to motor vehicle owners are howling against the recent decision of the Department of Transportation and Communications (DOTC) authorizing the Government Service Insurance System (GSIS) to handle all CTPL insurance for all motor vehicles. The GSIS used to handle only the CTPL insurance for government vehicles, and CTPL insurance for private motor vehicles was given to private insurance companies.
For three decades, the GSIS efficiently handled the insurance of government vehicles.
CTPL coverage of private vehicles by private insurance companies, however, gave rise to fake insurance policies and fake certificates of cover, unauthorized franchising, and non-payment of insurance claims. Agents absconded with the premium payments and taxes were not remitted to the government.
The GSIS proposed the integration of insurance with registration in the Land Transportation Office IT system. It will tap 38 reputable insurance and re-insurance companies to provide CTPLs to motorists. The DOTC approved the proposal, finally ending the CTPL mess.
The insurance firms left out in the cold are complaining, of course, but they have only themselves to blame. For 30 years, they have victimized vehicle owners. They got what they deserved.
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