THE MANAPLA Port Stevedoring and Arrastre (MPSA) has announced the opening of its Manapla Port in Barangay Punta Salong, Manapla, Negros Occidental on June 28.
Manapla Port will be the 12th port in the province under the jurisdiction of the Philippine Ports Authority (PPA) – Negros Occidental. It is envisioned to boost both tourism and the sugar industry in Negros and Panay by expediting sea travel through two proposed routes: Manapla-Ajuy-Manapla and Manapla-Concepcion-Manapla.
Travel time along either route is estimated at only 45 minutes to an hour, with Lite Ferries Shipping Lines set to lead the sea shuttle service.
From all angles, this development is promising — good news that both Negrenses and Ilonggos can warmly embrace.
Gateway Potential
Tourism-wise, Manapla Port is seen as a new gateway to premier destinations such as Isla de Gigantes in Iloilo and Boracay in Aklan.
It also opens easier access to top attractions in Negros Occidental like Sagay City’s Carbin Reef, Talisay City’s The Ruins, and Cadiz City’s Lakawon Island.
For the sugar industry, sugarcane from Panay can be transported more efficiently to Victorias Milling Company in Victorias City or Lopez Sugar Central in Sagay.
In short, Manapla Port will complement existing Negros-Panay routes such as Bacolod-Dumangas and EB Magalona-Ajuy.
Lacking Pertinent Permits
However, this seemingly beautiful development is now mired in controversy — clouded by numerous brouhahas.
As of this writing, the port lacks the vital documents needed for legal operations. Chief among these are the Foreshore Lease Agreement (FLA) from the Department of Environment and Natural Resources (DENR) and the Permit to Operate (PTO) from the Philippine Ports Authority (PPA).
The absence of an FLA is particularly alarming. While MPSA has reportedly won the local-level bidding for the FLA — from CENRO-Cadiz and PENRO-Negros Occidental—PENRO head Engr. Joan Nathaniel Gerangaya confirmed that no FLA has been issued to Manapla Port to date.
Atty. Rey Gorgonio, legal counsel for MPSA, acknowledged this, saying their application documents are currently in transit to DENR Region 6 for approval by the Executive Director, before final endorsement to DENR Secretary Raphael Lotilla.
“In transit” means the papers are still on the move.
The question is: When will they finally reach Secretary Lotilla’s office?
According to DENR Administrative Order No. 2004-24, FLA processing should only take 3–5 days at the CENRO and PENRO levels, 7 days at the regional level, and 15 days at the DENR central office.
But MPSA’s FLA application has been in process since 2022—and is still in limbo.
Without an FLA, MPSA’s P180-million loan from Land Bank of the Philippines (Bacolod branch), despite having secured a Notice of Approval (NOA) in October 2023, was never released.
The NOA expired in October 2024, prompting MPSA officials to file a complaint before the Office of the Ombudsman last March 5. Four Land Bank officials are now facing charges for alleged violation of the Anti-Graft and Corrupt Practices Act — for refusing to release the loan due to the lack of an FLA.
Why the FLA Matters
So why is the FLA so crucial?
Under Section 3, Article XII of the Philippine Constitution and Sections 3, 4, 5, and 58 of the Public Land Act, constructing any structure on foreshore land without an FLA is a punishable offense.
In layman’s terms, the FLA acts like a land title for property owned by the government. Without it, any development on foreshore land is considered illegal.
Not Yet Ready
Another key requirement that MPSA must secure is the Permit to Operate (PTO) — which comes from the PPA.
But before a PTO is granted, an applicant must first obtain a Certificate of Registration (COR), which in turn requires a long list of supporting documents.
Once submitted, the application is reviewed and evaluated by the PPA Head Office in Manila before a PTO can be issued.
In an interview on June 24, PPA-Negros Occidental head Rodel Lagmay confirmed that PPA-Manila has not yet issued a PTO for Manapla Port.
Even more concerning, Lagmay personally inspected the port on June 23 and concluded, “It’s not yet complete — therefore not fit for operations.”
His statement serves as a warning to MPSA, which appears eager to launch operations without all the necessary approvals.
A Legal Precedent
For context, the Supreme Court has already issued a decision on a case that bears similarity to this situation. MPSA may want to review the case People of the Philippines vs. Orlando Constantino, et al. (G.R. No. 251634, February 14, 2022).
This jurisprudence could serve as a valuable reference for MPSA in weighing the risks and responsibilities involved in operating without the required permits.
MPSA officials should take note: penalties for such violations may include imprisonment, the outright denial of their FLA application, and even the government’s sequestration of their port facilities.
A Dangerous Shortcut
In summary, rushing the process can be counterproductive. Shortcuts may lead to serious consequences — and ultimately, failure.
This column does not aim to antagonize MPSA. Rather, it serves as a stern reminder of the potential risks of pursuing a “dangerous shortcut.”
MPSA’s public relations team must step up — not to grill their principals, but to guide them.
We hope this group of respected Negrense businessmen will not fall into the trap of expediency at the cost of legal integrity.
Let them heed the words of American actor Gary Busey, who once said: “If you take shortcuts, you get cut short.”/PN
