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Republic of the Philippines
Department of Transportation and Communications
MARITIME INDUSTRY AUTHORITY
MARINA CIRCULAR NO. 2013 - 02
TO : ALL DOMESTIC SHIPPING COMPANIES, SHIPOWNERS, SHIP
OPERATORS, CHARTERERS, PUBLIC SERVICE OPERATORS,
OTHER MARITIME ENTITIES AND ALL CONCERNED
SUBJECT : REVISED RULES FOR THE REGISTRATION, DOCUMENTATION
AND DELETION OF SHIPS OPERATING IN PHILIPPINE WATERS
----------------------------------------------------------------------------------------------------------------
-----
Pursuant to Presidential Decree No. 474, Section 12 (d) of Executive Order Nos.
125, as amended, Section 10 (1) Chapter III of Republic Act 9295, and Chapter XV
of the Philippine Merchant Marine Rules and Regulations (PMMRR) 1997, the
following revised rules are hereby adopted:
I. OBJECTIVE
This Circular serves to provide rules that shall govern the registration and
documentation of ships entitled to fly the Philippine flag subject to the laws of the
Philippines.
This Circular also provides rules on the deletion of these ships from the Philippine
Registry.
II. COVERAGE
These Rules shall apply to all types of ships operating in the Philippine waters
regardless of size and utilization, whether with power or without power, including
those ships below three (3) gross tonnage (GT), motorized or non-motorized.
The following ships shall not be covered:
1. Warships and naval ships;
2. Ships of the Philippine Coast Guard;
3. All ships of foreign registry temporarily used in the Philippine waters; and,
4. Inflatable Boats used for rescue made of either a single or more rubber tubing.
III. DEFINITION OF TERMS
For purposes of this Circular, the following terms are defined:
1. “Administration” refers to the Maritime Industry Authority (MARINA)
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2. “Deletion” refers to the cancellation of a ship’s registry from the Register of
Philippine Ships and termination of its trading status in the domestic shipping
trade.
3. “Domestic Ownership” refers to the ownership vested in citizens of the
Philippines or corporations, cooperatives or associations organized under the
laws of the Philippines at least sixty percentum (60%) of the capital stock or
capital of which is wholly by citizens of the Philippines.
4. “Homeport” refers to the port where the ship is registered.
5. “Miscellaneous Ship” refers to all other ships not falling under any classes
of ship identified under Regulation I/5 paragraph 4.2 of the RPMMRR 1997, to
include wing-in-ground (WIG), amphibian, submarine, hydrofoil, hovercraft,
floating restaurants and tandem pushboat.
6. “Personal Water Craft (PWC)” also called water scooter, refers to a
recreational watercraft that the person rides or stands on, rather than inside
of, as in a boat. It is a jet drive boat less than 13 feet in length designed for
two or three people or four passenger models.
7. “Port of Registry” refers to the port in the Philippines where the ship’s record
of registry is being kept and maintained. It is likewise the homeport where the
ship’s first entry into the registry was made.
8. “Ship Registration” refers to the documentation and authorization of a ship
to sail under the Philippine flag.
9. “Ship or Vessel” (may be used interchangeably) refers to any kind, class or
type of craft or artificial contrivance capable of floating in water, designed to
be used, or capable of being used as a means of water transport in Philippine
waters for the carriage of passengers or cargo, or both, utilizing its own motive
power or that of another.
10. “Single or More Rubber Tubing (SMRT)” refers to the construction of an
inflatable boats made of rubber and consists of a single tube for a banana
boat used for pleasure, and for a rescue or similar boats, four inflatable tubes
- two side tubes, a bow tube and a keelson tube. They have a rigid floor piece
and a rigid transom for fitting an outboard motor.
11. “Special Purpose Ship” refers to a mechanically self-propelled ship which by
reason of its function carries on board more than 12 special personnel
including passengers. Special purpose ships to which these Rules and
Regulation apply to type of ships mentioned in the said regulation to include
Power Barges and Mobile Offshore Drilling Unit (MODU).
3
12. “Type of Ship” according to use or service refers to the classes of ships
enumerated in Regulation I/5 of the Philippine Merchant Marine Rules and
Regulations (PMMRR) 1997, as follows;
Class A. Passenger ships
Class B. Cargo ships
Class C. Tankers
Class D. Tugs and Dredgers
Class E. Fishing Vessels
Class F. Yachts
Class G. High Speed Crafts
Class H. Special Purpose ships
Class I. Miscellaneous Ships
Type of Ship, according to construction refers, to the grouping of ship
based on its design, as enumerated in Appendix B of MARINA Administrative
Order No. 07-12 dated 12 April 2012.
13. “Yacht” refers to any ship which is used for pleasure only, whether power
driven or not, to include Personal Water Craft (PWC).
IV. GENERAL PROVISIONS
1. All ships of domestic ownership plying the Philippine waters, regardless of
size and utilization must be properly registered and issued a Certificate of
Philippine Registry (CPR) and Certificate of Ownership (CO). The forms of
which are hereto attached as Annex “A” and “B”, respectively. Ships such as
PWC, WIG, amphibian, submarine, hydrofoil, hovercraft, floating restaurants,
tandem push boat and mobile offshore drilling unit (MODU) shall be registered
and issued CPR and CO.
2. Ships acquired through bareboat charter under PD 760, as amended, shall be
issued a temporary Certificate of Philippine Registry (CPR) co-terminus with
the validity of the charter period as approved by MARINA. No Certificate of
Ownership (CO) shall be issued.
3. Ships acquired through importation or bareboat chartering may be issued a
Provisional Certificate of Philippine Registry (PCPR) in order to facilitate
delivery of said ship from the country of origin to any port in the Philippines.
The PCPR issued shall have fixed validities of a maximum of three (3) months
or co-terminus with the approved Authority to Import (AI). For newly-built
ships, the PCPR shall be issued for conduction purposes only.
No PCPR shall be issued to ships operating under a Special Permit as
provided in MARINA MC 105, as amended per MARINA MC 2011-04.
4. A registry of ships to be known as “Register of Philippine Ships” shall be
maintained and kept open to free inspection by the public during regular office
hours.
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5. Ships registered under the Philippine Flag may be deleted from the Register
of Philippine Ships under any of the circumstances enumerated in Section VI
of this Circular and a Certificate of Deletion shall be issued effective on the
date indicated in the certificate.
6. Any change and/or correction in the entries of the CPR/CO shall require re-
issuance of these certificates.
7. All owners/operators or charterers of Philippine-registered ships in the
domestic trade shall be required to pay annual tonnage fee pursuant to
MARINA Memorandum Circular Nos. 2008-05 and 2008-07, except for
owners/operators or charterers of fishing vessels and non-motorized ships
below three (3) GT.
8. Any ship which has been involved/used for smuggling or carriage/transport of
illegal drugs as reported by the Philippine Coast Guard will not be issued
Certificate of Philippine Registry and Certificate of Ownership.
V. SPECIFIC PROVISIONS
A. Assignment of Name
1. A domestic shipowner/operator shall secure approval on the assignment of
the proposed name of a ship, subject for registration.
2. The Administration through its Management Information Systems Office
(MISO) shall approve the assignment of a name for a ship, provided such
name has not been assigned nor borne by another ship.
3. The name of the ship shall be painted on each side of the bow and the
homeport to be painted at the ship’s stern.
B. Assignment of Official Number and Marking of Ships
1. Every ship registered under this Circular shall be assigned an official
number unique to each ship.
2. The official number shall consist of 10 (ten) characters, where the first two
(2) characters refer to the Central Office or MRO where the ship is
registered and the last seven (7) characters refers to the ascending number
for ships registered, as follows:
00-0000001
00- Central Office
01- MRO I/II (La Union)
ascending number to start from
0000001 for ships registered per
issuing unit/office
5
04- MRO IV (Batangas)
05- MRO V (Legaspi)
06- MRO VI (Iloilo)
07- MRO VII (Cebu)
08-MRO VIII (Tacloban)
09-MRO IX (Zamboanga)
10-MRO X/XIII (Cagayan de Oro)
11-MRO XI (Davao)
12-MRO XII (General Santos)
3. The official number shall have the following specification:
Material of Main Beam Height (mm) Depth (mm) Width (mm)
Wood 76.20 9.53 - 12.70 12.70
Iron or other Metal 76.20 3.18 - 12.70 12.70
4. The official number assigned to a ship shall be carved or otherwise
permanently marked in the main beam of the ship and together with the
name shall appear on all ship documents.
5. For open-hulled ships, the assigned official number shall not be less than
25.4 mm in height and not less than 6.35 mm in width and shall be placed
at the most accessible frame forward of the engine.
C. Register of Ships
1. The registration of ship for domestic trade shall be effected as follows:
a) Trampers - at the Central Office (CO) or the nearest MARINA Regional
Office (MRO) where the company’s principal or branch office is located;
or,
b) Liners - at the Central Office (CO) or the nearest MARINA Regional
Office (MRO) where the company’s principal office is located, or any of
the ports of call of the ship, provided the company has a branch office in
that port of call.
2. The Register of Philippine Ships shall contain the following particulars;
a. Name of Ship
b. Former Names and Registry (if applicable)
c. Type of Ship(service/construction)
d. Call Sign
e. Official Number
f. IMO Number (if applicable)
g. Material of Hull
h. Principal Dimensions and Structure (Mast/Decks/Stem/Stern)
i. Tonnage (Gross/Net/Deadweight)
j. Class
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k. Speed
l. Main engine
m.Builders/Place of Built
n. Year Built
o. Name of Owner
p. Name of former owner
q. Mode of Acquisition (e.g, imported, bareboat chartered under PD
760, as amended, locally constructed, locally purchased)
3. MARINA Administrative Order No. 07-12 dated 12 April 2012 and its
subsequent amendments covering the Guidelines on Filling Up,
Maintenance, Safekeeping and Access to the Register of Philippine Ships
is hereby adopted as an integral part of this Circular.
4. Errors made in recording entries in the Register shall be rectified as follows:
a. Slight error/s not affecting the substance of the document, such as
misspelled words, shall be corrected by the registrar or the designated
officer by striking through the wrong entry/misspelled words and writing
the correction above the errors and by affixing his initials beside the
corrected entry or notation.
b. Any error/s which might affect the meaning of the document may be
corrected upon petition or upon notice filed by the concerned party. The
correction shall be made by rewriting the entire line or lines right below
where the error occurred. Said correction, together with a statement of
the circumstances, shall be signed by the responsible officer.
c. Errors made in copying shall not be erased. Instead, all required
changes shall be effected in the manner described above.
5. Ship with incomplete details or has defaced engine block number shall not
be registered, unless a clearance from a competent authority or proof of
ownership of the engine is shown.
D. Re-issuance of CPR and CO
1. A new CPR and/or CO shall be re-issued under the following instances:
a. Lost or damaged Certificates
b. Change of Ownership
c. Change of Homeport
d. Change of Engine
e. Change of Ship’s name
f. Change of Business Name and/or company address
g. Change of Ship’s particulars
h. Change of Trading Area
i. Change of Type of Ship
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j. No more space for annotation of mortgage
k. Corrections of Entry in the CPR/CO
l. Ship alteration
2. Change of Ownership
a. The buyer/transferee of a Philippine-registered ship shall, within
fifteen(15) days from approval by the Administration of the sale/transfer
of the ownership, secure a new CPR/CO subject to the provisions of
Item V.C.1 of this Circular.
b. In case of judicial sale/award, the buyer/awardee shall secure a new
CPR/CO within fifteen (15) days from the favorable endorsement by the
Administration, subject to the provisions of Item V.C.1 of this Circular.
c. If there is a corresponding change of homeport as a result of the transfer
of ownership, the buyer/transferee shall instead secure clearance to
change homeport from the current homeport. The buyer/transferee
shall, upon grant of the clearance by the current homeport, file an
application for the issuance of a new CPR/CO in the new homeport.
d. If the buyer/transferee is a foreign national, the seller/transferor shall,
within fifteen (15) days from the transfer, cause the deletion of the ship
from the Register of Philippine Ship pursuant to the provision of Item VI
of this Circular.
3. Change of Homeport
a. A homeport may be changed in any of the following instances:
.1 change in ports of call or areas of operation of the ship; or
.2 change of owner, operator or manager of the ship whose principal
office or branch is located in another port/place.
b. Application for change of homeport shall be filed with the concerned
MARINA Office where the ship is currently homeported, which shall
issue the clearance.
c. No clearance for the change of homeport shall be issued under the
following instances:
.1 the company/owner has no branch office in the intended homeport;
.2 there is an outstanding safety requirements/recommendation which
the
ship need to comply prior to the issuance of statutory certificates; and,
.3 there is an unsettled obligation resulting from violation of MARINA
8
rules
and regulations and non-payment of tonnage fees.
d. Upon approval of the change of homeport, all records pertaining to the
ship registration/documentation/safety certification shall be transmitted
by the concerned MARINA Office in the current homeport to the MARINA
Office in the new homeport.
e. In every case where a change of homeport of a ship is approved, a new
CPR/CO shall be issued.
4. Change of Name
a. An application for change of ship’s name shall be filed with the MARINA
Office where the ship is registered.
b. Assignment of new ship’s name shall comply with the provision of Item
V.A.2 of this Circular.
c. In every case where a change of name of a ship is approved, a new
CPR/CO shall be issued.
5. Ship alteration
a. When a registered ship is so altered as not to correspond with the
particulars relating to her tonnage or registered dimensions contained in
the Register of Philippine Ships, the shipowner/operator shall file an
application to cause the alteration to be registered or direct that the ship
be registered anew.
b. For the purpose of registering an alteration in a ship, the CPR and CO
shall be submitted to the concerned MARINA Office where the ship s
registered for the issuance of the new CPR and CO containing a
description of the ship as altered.
c. The particulars of the alteration shall be entered in the Register of
Philippine Ships by the concerned MARINA Office where the ship is
registered.
E. Re-registration of a ship previously deleted from Philippine Registry
Re-registration of a ship previously deleted from the Philippine Registry shall
be made upon filling of application for re-registration duly supported by
required documents. Re-registration shall require the submission of the
Certificate of Deletion (CD) for the subsequent issuance of new CO and CPR.
F. Transfer of Rights and Encumbrances
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Any rights affecting the ship or the ownership thereof shall be registered in the
Book of Transfer and Encumbrances provided the same is annotated in the
CPR of the ship.
G.Validity of CPR
The Certificate of Philippine Registry (CPR) shall have no expiration except
for the following:
1. ships acquired through bareboat charter under Presidential Decree No.
760, as amended, where the validity shall be co-terminus with the charter
period as approved by MARINA;
2. motorbancas with or without an outrigger which are predominantly wooden-
hulled and propelled mechanically where the validity is for five (5) years:
and,
3. SMRTs, PWCs and ships below 3GT, motorized or non-motorized, where
the validity is for five (5) years.
VI. DELETION FROM REGISTRY OF SHIPS
A. Ships registered under the Philippine flag shall be deleted from the Register of
Philippine Ships under any of the following circumstances:
1. exportation of ship due to sale to foreign entity; or,
2. expiration of CPR of bareboat chartered ship; or,
3. ship breaking/ scrapping/ decommissioning of ship; or,
4. total loss as stipulated in a Marine Protest/Report; or,
5. non-operational for a period of five (5) years for WHS, PWC, submarines,
amphibians and similar type of ships under the class of miscellaneous
ships
6. when the Administration revokes approval of the charter/lease contract for
a cause and after due process; or,
7. when the Administration, after due process, orders the deletion from the
Philippine Registry of any ship found to have violated the government rules
and regulation.
B. Issuance of Certificate of Deletion
A Certificate of Deletion, indicating the reason for the ship’s deletion from the
registry, shall be issued upon submission of and compliance with all
documents required under Item VII.B. of this Circular.
VII. DOCUMENTARY REQUIREMENTS
The following documentary requirements shall be complied with:
A. Registration
10
1. Issuance of CPR/CO, for:
a. Ships acquired through Local Construction/Alteration/Vessel Conversion
.1 Letter Application/Request
.2 Proof of identity of the owner,
(i) For Single Proprietorship: DTI Certificate of Registration of
Business Name.
(ii) For Partnership and Corporation: SEC Certificate of Registration
(iii) For Cooperatives : CDA Certificate of Accreditation*
(iv) For MARINA Accredited Entities a Certificate of Accreditation is
sufficient
.3 Certificate of Construction*
.4 Tonnage Measurement Certificate
.5 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction *
b. New Building/Second Hand, Imported vessel
.1 Letter Application/Request
.2 Proof of identity of the owner,
(i) For Single Proprietorship: DTI Certificate of Registration of
Business Name.
(ii) For Partnership and Corporation: SEC Certificate of Registration
(iii) For Cooperatives : CDA Certificate of Accreditation*
(iv) For MARINA Accredited Entities a Certificate of Accreditation is
sufficient
.3 Approval of Acquisition (Importation)*
.4 Clearance for Registration *
.5 Tonnage Measurement Certificate
Class Issued Tonnage Measurement Certificate must be re-issued
by MARINA*
.6 Authorization issued to Classification Society (for newbuilding)
.7 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction *
c. Ships acquired through bareboat charter under PD 760, as amended
.1 Letter Application/Request
.2 Proof of identity of the owner,
11
(i) For Single Proprietorship: DTI Certificate of Registration of
Business Name.
(ii) For Partnership and Corporation: SEC Certificate of Registration
(iii) For Cooperatives : CDA Certificate of Accreditation*
(iv) For MARINA Accredited Entities a Certificate of Accreditation is
sufficient
.3 Approval of Acquisition (Bareboat Charter)*
.4 Clearance for Registration *
.5 Tonnage Measurement Certificate*
.6 IMO Number (if applicable)*
.7 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction*
2. Re-issuance of CPR and/or CO due to:
a. Lost/damaged certificates
.1 Letter Application/Request
.2 Affidavit of Loss – duly notarized
.3 Affidavit of Non-encumbrance – duly notarized*
.4 Police Report*
.5 Certification issued by Barangay Council Chairman*
.6 Proof of Publication of Lost in Newspaper of National Circulation (for
ship with coastwise trading)*
.7 Certification of Publication issued by Barangay (for ship with Bay and
River trading)*
.8 Authority to file application (authorized representative) with MARINA
i.e. Board Resolution or Secretary’s Certificate or Power of Attorney*
.9 MLAO/concerned MRO Clearance*
.10 Damaged/Photocopy of CPR/CO*
.11 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction *
b. Change of Ownership
.1 Letter of Application/Request
.2 Deed of Sale – duly notarized
.3 Approval of Local Sale or Transfer of Ownership ship*
- For ship with CPC - Decision issued by the Administration
- For ship without CPC - Clearance issued by SD-DSO
.4 For Mortgaged ship – Certificate of Release of Mortgage/or
Certification of no Objection from the Bank*
.5 Ship under Levy – Court Order*
.6 Ship Auctioned by the Bureau of Customs – Notice of Award*
.7 Ship Auctioned by National Labor Relations Commission – Notice of
Award*
12
.8 Ship Confiscated by Government Agencies – Court Order*
.9 Proof of Publication of Sale in Newspaper of National Circulation *
.10 Original CPR/CO
.11 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction*
.12 If there is a corresponding change of homeport, clearance issued by
current homeport*
c. Change of Homeport
.1 Letter of Application/Request
.2 Original CPR
.3 Clearance of Change of Homeport*
.4 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction*
d. Change of Engine
.1 Letter of Application/Request
.2 Original CPR/CO
.3 Tonnage Measurement Certificate*
.4 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction*
e. Change of Name
.1 Letter of Application/Request
.2 MLAO/concerned MRO Clearance
.3 Clearances for the Change of Vessel Name *
.4 Proof of Publication of Change of Name in Newspaper of National
Circulation *
- For ships 15GT and above engaged in coastwise operation:
To publish once the proposed change of name in a newspaper
of
national circulation;
- For ships 15 GT and above engaged in ferry operation:
To publish the proposed change of name in a newspaper of
regional/local circulation; and,
- For ships below 15 GT;
To post a notice to the public in the ports of call of the ship the
proposed change of name
.5 Original CPR/CO
13
.6 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction
f. Change of Business Name and /or Company’s Address
.1 Letter of Application/Request
.2 Original CPR/CO
.3 Copy of MARINA Accreditation /Tonnage Measurement Certificate *
.4 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction*
g. Change of Ships Particulars/Trading Area/Service Type
.1 Letter of Application/Request
.2 Original CPR/CO
.3 Tonnage Measurement Certificate*
.4 Notarized Board Resolution /Secretary’s Certificate authorizing the
filing of application and designating the person to represent the
company in this transaction*
B. Deletion
1. For Item A.1 and A.2 (bareboat chartered ships) of the preceding Section
VI
a. Letter Application/Request*
b. Original CPR/CO*
c. Clearance from DSO for the deletion of the ship*
d. Clearance from DSO/concerned MRO (Annual Tonnage Fees)*
e. Clearance from MLAO/concerned MRO (no pending case & no unpaid
fines and penalties)*
f. Notarized Board Resolution /Secretary’s Certificate authorizing the filing
of application and designating the person to represent the company in
this transaction*
2. Shipbreaking/Scrapping/Decommissioning of ship
a. Letter Application/Request
b. Original CPR/CO and other Trading/Safety Certificates
c. MOA between MARINA accredited Ship breaker and the Ship Owner
d. Clearance for Shipbreaking from SRO/concerned MRO*
e. Certificate issued by ship breaker, if ship breaking already done*
f. Consent/release of all holders of mortgages which have been duly
registered by the Administration, if any
g. Clearance from DSO/concerned MRO (Annual Tonnage Fee) *
h. Clearance from MLAO/concerned MRO (no pending case and no unpaid
fines and penalties)*
14
i. Notarized Board Resolution/Secretary’s Certificate authorizing the filing
of application and designating the person to represent the company in
this transaction*
3. In case of actual or constructive or total loss
a. Letter Application/Request
b. Duly notarized Marine Protest or report of incident or loss of the ship
c. Official Report from the Administration or the maritime authorities of
other countries; or*
d. Declaration by a competent accredited surveyor/Philippine Coast Guard
as to the fact of the loss;*or
e. Certification from Local Barangay Chairman for less than 15 GT and
wooden hulled ships.*
f. Clearance from MARINA Enforcement Office (EO) in relation to
paragraph 3.d to paragraph 3.e.*
4. In case of Item A. 5 Section VI non-operational for a period of five (5) years
for PWC, submarines, amphibians and similar type of ships under the class
of yacht /miscellaneous ships;
a. Result of verification from Maritime Information System Office (MISO)
that ship has not renewed its trading and safety certificates for five (5)
consecutive years*
b. Clearance for Deletion from Shipyard Regulation Office (SRO) ,
Franchising Office (FO) and Maritime Safety Office (MSO) and
concerned MRO *
c. Proof of Notice issued to company/owner.*
d. Proof of Notice issued to the local Barangay, if applicable.*
C. Re-registration
1. Original Mutual Rescission of Contract executed by the Seller and Buyer
duly Notarized in the country where the contract was signed and
authenticated by the Philippine Embassy in that country.
2. Board Resolution or Power of Attorney authorizing as signatory to the
Mutual Rescission of Contract for and in behalf of the company duly
Notarized in the country where the contract was signed and duly
authenticated by the Philippine Embassy within thirty (30) days from the
date of re-issuance of the CO and CPR of the vessel.
3. Original Certificate of Deletion of the subject vessel from the Philippine
Registry.
4. Other documents/requirements prior to re-registration of the subject vessel.
Documentary requirements stated in the preceding Item VII applies to re-
registration of ships.
15
VIII. RESPONSIBILITIES OF THE SHIPOWNERS/OPERATORS
The shipowner/operator of Philippine-registered ships shall have the following
responsibilities;
1. Ensure that the appropriate and required tax/es are paid on its due date.
2. Secure the various licenses, safety certificates, and franchises, as
applicable and appropriate for each ship.
3. Ensure timely renewal of such licenses, safety certificates, and franchises,
prior to expiration and when applicable pay corresponding penalty and
surcharge in case of late renewal.
4. Undertake all other obligations as stated in the provisions of the appropriate
certificates, licenses, and franchise.
5. Payment of the Annual Tonnage Fee (ATF) based on the total gross
tonnage operated fleet of the shipowner/operator.
IX. SCHEDULE OF FEES AND CHARGES
ISSUANCE OF CPR
1. 3 GT and below P300.00
2. 3 .01 GT to 14.99 GT P600.00 + P3.00/GT
3. 15 GT to 34.99 GT P900.00 + P3.00/GT
4. 35 GT to 99.99 GT P1,200.00 + P3.00/GT
5. 100 GT to 224.99 GT P1,500.00 + P3.00/GT
6. 250 GT to 499.99 GT P1,800.00 + P3.00/GT
7. 500 GT and above P2,100.00 + P3.00/GT
ISSUANCE OF CO
1. 3 GT and below P300.00
2. 3 .01 GT to 14.99 GT P600.00 + P3.00/GT
3. 15 GT to 34.99 GT P900.00 + P3.00/GT
4. 35 GT to 99.99 GT P1,200.00 + P3.00/GT
5. 100 GT to 224.99 GT P1,500.00 + P3.00/GT
6. 250 GT to 499.99 GT P1,800.00 + P3.00/GT
7. 500 GT and above P2,100.00 + P3.00/GT
ADDITIONAL CHARGES
For Newly-built
Builder’s/Construction Certificate P470.00
For Newly-Purchased (Local)
Deed of Sale P470.00
Change of Ownership
Ships 35 GT and above P1,300.00
Ships below 35 GT P 650.00
Change of Vessel Name (Optional)
Steel-Hulled Ships P2,600.00
16
Aluminum-Hulled Ships or
Fiberglass-Hulled Ships or
Combination of both or any
Other type of Hull P2,600.00
Wooden-Hulled Ships
Ships 35 GT and above P 650.00
Ships below 35 GT P 260.00
X. SCHEDULE OF FINES and PENALTIES/SANCTIONS
Applicable fines shall be imposed upon a shipowner/operator found to have
violated any provisions of this Circular as stated in MARINA MC 120.
In addition, the following penalty shall apply:
1. Operating a ship without CPR and CO
Below 5 GRT to 3 GRT - P 300.00 per certificate
Below 3 GRT (motorized) - P 100.00 per certificate
2. Failure to effect the re-issuance of the CPR and CO within 30 days under the
instances enumerated in Section V.D.
a. Change of Ownership - P1,000.00
b. Change of Homeport - 1,000.00
c. Change of Engine - 1,000.00
d. Change of ship’s name - 1,000.00
e. Change of Business Name - 1,000.00
and/or company address - 1,000.00
f. Change of ship’s particulars - 1,000.00
g. Change of Trading Area - 1,000.00
h. Change of Type of Ship - 1,000.00
i. For vessels
.1 3 GRT and below motorized - P 100.00 per changes
.2 Over 3 GRT to 15 GRT - P 200.00 per changes
3. Failure to effect the deletion of the CPR from the Registry of Ships under the
instances enumerated in Section VI, excluding ship under Presidential
Decrees 760/866/1711
a. Above 5 GRT - P5000.00
b. Below 5 GRT to 3 GRT - 500.00
c. Below 3 GRT - 300.00
4. Submitting fake/spurious/tampered documents
4.1 First Offense:
17
a. For vessels 15 grt and above - P 50,000.00 per fake/tampered
document
b. For vessels below 15 grt - P 20,000.00 per fake/tampered document
c. Plus permanent non-registration of the vessel; or
d. Withdrawal of the registration if the ship was registered and found non
compliant with the age requirement,
e. Without prejudice to any criminal liability under the Revised Penal
Code.
4.2 Second Offense
a. For vessels 15 grt and above – P 250,000.00 per fake/tampered
document
b. For vessels below 15 grt - P 40,000.00 per fake/tampered document
c. In addition to paragraph c, paragraph d and paragraph e of Item 4
above a
withdrawal of the CPC and MARINA Accreditation.
If the ship owner failed to have the ship deleted from the registry under those
circumstances stated in Section VI, said ship owner shall be watch listed for
registration of any ship under his or his company’s name.
XII. TRANSITORY PROVISIONS
1. All shipowners/operators with ships previously registered with MARINA
bearing alphanumeric official numbers are required to surrender the ships’
COs and CPRs for re-issuance of new COs and CPRs under this Circular.
2. All shipowners/operators of ships issued Certificate of Vessel Registry (CVR)
and Provisional CVR (PCVR) are required to surrender the original
CVRs/PCVRs for re-issuance of new COs and CPRs under this Circular.
All concerned shipowners/operators comply with the above cited provisions within six
(6) months from the effectivity of this Circular.
XIII. REPEALING CLAUSE
The provisions of MC Nos. 90, 177 and Chapter XV of 1997 of PMMRR which are
not inconsistent with this Circular are hereby repealed or modified accordingly.
18
XIV. EFFECTIVITY
This MARINA Circular shall take effect fifteen (15) days after its publication once in a
newspaper of general circulation.
Manila, Philippines, January 18, 2013.
BY AUTHORITY OF THE BOARD
(Signed)ATTY. NICASIO A. CONTI
Officer In Charge, MARINA
SECRETARY’S CERTIFICATE
This is to certify that MARINA Circular No. 2013-02 has been approved by
the MARINA Board during its 223rd
Board Meeting on January 18, 2013.
(Signed) ATTY. VIRGILIO B. CALAG
Acting Corporate Board Secretary
Date of Publication: March 1, 2013
19

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Mc 2013 02 registration and deletion of vessel

  • 1. 1 Republic of the Philippines Department of Transportation and Communications MARITIME INDUSTRY AUTHORITY MARINA CIRCULAR NO. 2013 - 02 TO : ALL DOMESTIC SHIPPING COMPANIES, SHIPOWNERS, SHIP OPERATORS, CHARTERERS, PUBLIC SERVICE OPERATORS, OTHER MARITIME ENTITIES AND ALL CONCERNED SUBJECT : REVISED RULES FOR THE REGISTRATION, DOCUMENTATION AND DELETION OF SHIPS OPERATING IN PHILIPPINE WATERS ---------------------------------------------------------------------------------------------------------------- ----- Pursuant to Presidential Decree No. 474, Section 12 (d) of Executive Order Nos. 125, as amended, Section 10 (1) Chapter III of Republic Act 9295, and Chapter XV of the Philippine Merchant Marine Rules and Regulations (PMMRR) 1997, the following revised rules are hereby adopted: I. OBJECTIVE This Circular serves to provide rules that shall govern the registration and documentation of ships entitled to fly the Philippine flag subject to the laws of the Philippines. This Circular also provides rules on the deletion of these ships from the Philippine Registry. II. COVERAGE These Rules shall apply to all types of ships operating in the Philippine waters regardless of size and utilization, whether with power or without power, including those ships below three (3) gross tonnage (GT), motorized or non-motorized. The following ships shall not be covered: 1. Warships and naval ships; 2. Ships of the Philippine Coast Guard; 3. All ships of foreign registry temporarily used in the Philippine waters; and, 4. Inflatable Boats used for rescue made of either a single or more rubber tubing. III. DEFINITION OF TERMS For purposes of this Circular, the following terms are defined: 1. “Administration” refers to the Maritime Industry Authority (MARINA)
  • 2. 2 2. “Deletion” refers to the cancellation of a ship’s registry from the Register of Philippine Ships and termination of its trading status in the domestic shipping trade. 3. “Domestic Ownership” refers to the ownership vested in citizens of the Philippines or corporations, cooperatives or associations organized under the laws of the Philippines at least sixty percentum (60%) of the capital stock or capital of which is wholly by citizens of the Philippines. 4. “Homeport” refers to the port where the ship is registered. 5. “Miscellaneous Ship” refers to all other ships not falling under any classes of ship identified under Regulation I/5 paragraph 4.2 of the RPMMRR 1997, to include wing-in-ground (WIG), amphibian, submarine, hydrofoil, hovercraft, floating restaurants and tandem pushboat. 6. “Personal Water Craft (PWC)” also called water scooter, refers to a recreational watercraft that the person rides or stands on, rather than inside of, as in a boat. It is a jet drive boat less than 13 feet in length designed for two or three people or four passenger models. 7. “Port of Registry” refers to the port in the Philippines where the ship’s record of registry is being kept and maintained. It is likewise the homeport where the ship’s first entry into the registry was made. 8. “Ship Registration” refers to the documentation and authorization of a ship to sail under the Philippine flag. 9. “Ship or Vessel” (may be used interchangeably) refers to any kind, class or type of craft or artificial contrivance capable of floating in water, designed to be used, or capable of being used as a means of water transport in Philippine waters for the carriage of passengers or cargo, or both, utilizing its own motive power or that of another. 10. “Single or More Rubber Tubing (SMRT)” refers to the construction of an inflatable boats made of rubber and consists of a single tube for a banana boat used for pleasure, and for a rescue or similar boats, four inflatable tubes - two side tubes, a bow tube and a keelson tube. They have a rigid floor piece and a rigid transom for fitting an outboard motor. 11. “Special Purpose Ship” refers to a mechanically self-propelled ship which by reason of its function carries on board more than 12 special personnel including passengers. Special purpose ships to which these Rules and Regulation apply to type of ships mentioned in the said regulation to include Power Barges and Mobile Offshore Drilling Unit (MODU).
  • 3. 3 12. “Type of Ship” according to use or service refers to the classes of ships enumerated in Regulation I/5 of the Philippine Merchant Marine Rules and Regulations (PMMRR) 1997, as follows; Class A. Passenger ships Class B. Cargo ships Class C. Tankers Class D. Tugs and Dredgers Class E. Fishing Vessels Class F. Yachts Class G. High Speed Crafts Class H. Special Purpose ships Class I. Miscellaneous Ships Type of Ship, according to construction refers, to the grouping of ship based on its design, as enumerated in Appendix B of MARINA Administrative Order No. 07-12 dated 12 April 2012. 13. “Yacht” refers to any ship which is used for pleasure only, whether power driven or not, to include Personal Water Craft (PWC). IV. GENERAL PROVISIONS 1. All ships of domestic ownership plying the Philippine waters, regardless of size and utilization must be properly registered and issued a Certificate of Philippine Registry (CPR) and Certificate of Ownership (CO). The forms of which are hereto attached as Annex “A” and “B”, respectively. Ships such as PWC, WIG, amphibian, submarine, hydrofoil, hovercraft, floating restaurants, tandem push boat and mobile offshore drilling unit (MODU) shall be registered and issued CPR and CO. 2. Ships acquired through bareboat charter under PD 760, as amended, shall be issued a temporary Certificate of Philippine Registry (CPR) co-terminus with the validity of the charter period as approved by MARINA. No Certificate of Ownership (CO) shall be issued. 3. Ships acquired through importation or bareboat chartering may be issued a Provisional Certificate of Philippine Registry (PCPR) in order to facilitate delivery of said ship from the country of origin to any port in the Philippines. The PCPR issued shall have fixed validities of a maximum of three (3) months or co-terminus with the approved Authority to Import (AI). For newly-built ships, the PCPR shall be issued for conduction purposes only. No PCPR shall be issued to ships operating under a Special Permit as provided in MARINA MC 105, as amended per MARINA MC 2011-04. 4. A registry of ships to be known as “Register of Philippine Ships” shall be maintained and kept open to free inspection by the public during regular office hours.
  • 4. 4 5. Ships registered under the Philippine Flag may be deleted from the Register of Philippine Ships under any of the circumstances enumerated in Section VI of this Circular and a Certificate of Deletion shall be issued effective on the date indicated in the certificate. 6. Any change and/or correction in the entries of the CPR/CO shall require re- issuance of these certificates. 7. All owners/operators or charterers of Philippine-registered ships in the domestic trade shall be required to pay annual tonnage fee pursuant to MARINA Memorandum Circular Nos. 2008-05 and 2008-07, except for owners/operators or charterers of fishing vessels and non-motorized ships below three (3) GT. 8. Any ship which has been involved/used for smuggling or carriage/transport of illegal drugs as reported by the Philippine Coast Guard will not be issued Certificate of Philippine Registry and Certificate of Ownership. V. SPECIFIC PROVISIONS A. Assignment of Name 1. A domestic shipowner/operator shall secure approval on the assignment of the proposed name of a ship, subject for registration. 2. The Administration through its Management Information Systems Office (MISO) shall approve the assignment of a name for a ship, provided such name has not been assigned nor borne by another ship. 3. The name of the ship shall be painted on each side of the bow and the homeport to be painted at the ship’s stern. B. Assignment of Official Number and Marking of Ships 1. Every ship registered under this Circular shall be assigned an official number unique to each ship. 2. The official number shall consist of 10 (ten) characters, where the first two (2) characters refer to the Central Office or MRO where the ship is registered and the last seven (7) characters refers to the ascending number for ships registered, as follows: 00-0000001 00- Central Office 01- MRO I/II (La Union) ascending number to start from 0000001 for ships registered per issuing unit/office
  • 5. 5 04- MRO IV (Batangas) 05- MRO V (Legaspi) 06- MRO VI (Iloilo) 07- MRO VII (Cebu) 08-MRO VIII (Tacloban) 09-MRO IX (Zamboanga) 10-MRO X/XIII (Cagayan de Oro) 11-MRO XI (Davao) 12-MRO XII (General Santos) 3. The official number shall have the following specification: Material of Main Beam Height (mm) Depth (mm) Width (mm) Wood 76.20 9.53 - 12.70 12.70 Iron or other Metal 76.20 3.18 - 12.70 12.70 4. The official number assigned to a ship shall be carved or otherwise permanently marked in the main beam of the ship and together with the name shall appear on all ship documents. 5. For open-hulled ships, the assigned official number shall not be less than 25.4 mm in height and not less than 6.35 mm in width and shall be placed at the most accessible frame forward of the engine. C. Register of Ships 1. The registration of ship for domestic trade shall be effected as follows: a) Trampers - at the Central Office (CO) or the nearest MARINA Regional Office (MRO) where the company’s principal or branch office is located; or, b) Liners - at the Central Office (CO) or the nearest MARINA Regional Office (MRO) where the company’s principal office is located, or any of the ports of call of the ship, provided the company has a branch office in that port of call. 2. The Register of Philippine Ships shall contain the following particulars; a. Name of Ship b. Former Names and Registry (if applicable) c. Type of Ship(service/construction) d. Call Sign e. Official Number f. IMO Number (if applicable) g. Material of Hull h. Principal Dimensions and Structure (Mast/Decks/Stem/Stern) i. Tonnage (Gross/Net/Deadweight) j. Class
  • 6. 6 k. Speed l. Main engine m.Builders/Place of Built n. Year Built o. Name of Owner p. Name of former owner q. Mode of Acquisition (e.g, imported, bareboat chartered under PD 760, as amended, locally constructed, locally purchased) 3. MARINA Administrative Order No. 07-12 dated 12 April 2012 and its subsequent amendments covering the Guidelines on Filling Up, Maintenance, Safekeeping and Access to the Register of Philippine Ships is hereby adopted as an integral part of this Circular. 4. Errors made in recording entries in the Register shall be rectified as follows: a. Slight error/s not affecting the substance of the document, such as misspelled words, shall be corrected by the registrar or the designated officer by striking through the wrong entry/misspelled words and writing the correction above the errors and by affixing his initials beside the corrected entry or notation. b. Any error/s which might affect the meaning of the document may be corrected upon petition or upon notice filed by the concerned party. The correction shall be made by rewriting the entire line or lines right below where the error occurred. Said correction, together with a statement of the circumstances, shall be signed by the responsible officer. c. Errors made in copying shall not be erased. Instead, all required changes shall be effected in the manner described above. 5. Ship with incomplete details or has defaced engine block number shall not be registered, unless a clearance from a competent authority or proof of ownership of the engine is shown. D. Re-issuance of CPR and CO 1. A new CPR and/or CO shall be re-issued under the following instances: a. Lost or damaged Certificates b. Change of Ownership c. Change of Homeport d. Change of Engine e. Change of Ship’s name f. Change of Business Name and/or company address g. Change of Ship’s particulars h. Change of Trading Area i. Change of Type of Ship
  • 7. 7 j. No more space for annotation of mortgage k. Corrections of Entry in the CPR/CO l. Ship alteration 2. Change of Ownership a. The buyer/transferee of a Philippine-registered ship shall, within fifteen(15) days from approval by the Administration of the sale/transfer of the ownership, secure a new CPR/CO subject to the provisions of Item V.C.1 of this Circular. b. In case of judicial sale/award, the buyer/awardee shall secure a new CPR/CO within fifteen (15) days from the favorable endorsement by the Administration, subject to the provisions of Item V.C.1 of this Circular. c. If there is a corresponding change of homeport as a result of the transfer of ownership, the buyer/transferee shall instead secure clearance to change homeport from the current homeport. The buyer/transferee shall, upon grant of the clearance by the current homeport, file an application for the issuance of a new CPR/CO in the new homeport. d. If the buyer/transferee is a foreign national, the seller/transferor shall, within fifteen (15) days from the transfer, cause the deletion of the ship from the Register of Philippine Ship pursuant to the provision of Item VI of this Circular. 3. Change of Homeport a. A homeport may be changed in any of the following instances: .1 change in ports of call or areas of operation of the ship; or .2 change of owner, operator or manager of the ship whose principal office or branch is located in another port/place. b. Application for change of homeport shall be filed with the concerned MARINA Office where the ship is currently homeported, which shall issue the clearance. c. No clearance for the change of homeport shall be issued under the following instances: .1 the company/owner has no branch office in the intended homeport; .2 there is an outstanding safety requirements/recommendation which the ship need to comply prior to the issuance of statutory certificates; and, .3 there is an unsettled obligation resulting from violation of MARINA
  • 8. 8 rules and regulations and non-payment of tonnage fees. d. Upon approval of the change of homeport, all records pertaining to the ship registration/documentation/safety certification shall be transmitted by the concerned MARINA Office in the current homeport to the MARINA Office in the new homeport. e. In every case where a change of homeport of a ship is approved, a new CPR/CO shall be issued. 4. Change of Name a. An application for change of ship’s name shall be filed with the MARINA Office where the ship is registered. b. Assignment of new ship’s name shall comply with the provision of Item V.A.2 of this Circular. c. In every case where a change of name of a ship is approved, a new CPR/CO shall be issued. 5. Ship alteration a. When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or registered dimensions contained in the Register of Philippine Ships, the shipowner/operator shall file an application to cause the alteration to be registered or direct that the ship be registered anew. b. For the purpose of registering an alteration in a ship, the CPR and CO shall be submitted to the concerned MARINA Office where the ship s registered for the issuance of the new CPR and CO containing a description of the ship as altered. c. The particulars of the alteration shall be entered in the Register of Philippine Ships by the concerned MARINA Office where the ship is registered. E. Re-registration of a ship previously deleted from Philippine Registry Re-registration of a ship previously deleted from the Philippine Registry shall be made upon filling of application for re-registration duly supported by required documents. Re-registration shall require the submission of the Certificate of Deletion (CD) for the subsequent issuance of new CO and CPR. F. Transfer of Rights and Encumbrances
  • 9. 9 Any rights affecting the ship or the ownership thereof shall be registered in the Book of Transfer and Encumbrances provided the same is annotated in the CPR of the ship. G.Validity of CPR The Certificate of Philippine Registry (CPR) shall have no expiration except for the following: 1. ships acquired through bareboat charter under Presidential Decree No. 760, as amended, where the validity shall be co-terminus with the charter period as approved by MARINA; 2. motorbancas with or without an outrigger which are predominantly wooden- hulled and propelled mechanically where the validity is for five (5) years: and, 3. SMRTs, PWCs and ships below 3GT, motorized or non-motorized, where the validity is for five (5) years. VI. DELETION FROM REGISTRY OF SHIPS A. Ships registered under the Philippine flag shall be deleted from the Register of Philippine Ships under any of the following circumstances: 1. exportation of ship due to sale to foreign entity; or, 2. expiration of CPR of bareboat chartered ship; or, 3. ship breaking/ scrapping/ decommissioning of ship; or, 4. total loss as stipulated in a Marine Protest/Report; or, 5. non-operational for a period of five (5) years for WHS, PWC, submarines, amphibians and similar type of ships under the class of miscellaneous ships 6. when the Administration revokes approval of the charter/lease contract for a cause and after due process; or, 7. when the Administration, after due process, orders the deletion from the Philippine Registry of any ship found to have violated the government rules and regulation. B. Issuance of Certificate of Deletion A Certificate of Deletion, indicating the reason for the ship’s deletion from the registry, shall be issued upon submission of and compliance with all documents required under Item VII.B. of this Circular. VII. DOCUMENTARY REQUIREMENTS The following documentary requirements shall be complied with: A. Registration
  • 10. 10 1. Issuance of CPR/CO, for: a. Ships acquired through Local Construction/Alteration/Vessel Conversion .1 Letter Application/Request .2 Proof of identity of the owner, (i) For Single Proprietorship: DTI Certificate of Registration of Business Name. (ii) For Partnership and Corporation: SEC Certificate of Registration (iii) For Cooperatives : CDA Certificate of Accreditation* (iv) For MARINA Accredited Entities a Certificate of Accreditation is sufficient .3 Certificate of Construction* .4 Tonnage Measurement Certificate .5 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction * b. New Building/Second Hand, Imported vessel .1 Letter Application/Request .2 Proof of identity of the owner, (i) For Single Proprietorship: DTI Certificate of Registration of Business Name. (ii) For Partnership and Corporation: SEC Certificate of Registration (iii) For Cooperatives : CDA Certificate of Accreditation* (iv) For MARINA Accredited Entities a Certificate of Accreditation is sufficient .3 Approval of Acquisition (Importation)* .4 Clearance for Registration * .5 Tonnage Measurement Certificate Class Issued Tonnage Measurement Certificate must be re-issued by MARINA* .6 Authorization issued to Classification Society (for newbuilding) .7 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction * c. Ships acquired through bareboat charter under PD 760, as amended .1 Letter Application/Request .2 Proof of identity of the owner,
  • 11. 11 (i) For Single Proprietorship: DTI Certificate of Registration of Business Name. (ii) For Partnership and Corporation: SEC Certificate of Registration (iii) For Cooperatives : CDA Certificate of Accreditation* (iv) For MARINA Accredited Entities a Certificate of Accreditation is sufficient .3 Approval of Acquisition (Bareboat Charter)* .4 Clearance for Registration * .5 Tonnage Measurement Certificate* .6 IMO Number (if applicable)* .7 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* 2. Re-issuance of CPR and/or CO due to: a. Lost/damaged certificates .1 Letter Application/Request .2 Affidavit of Loss – duly notarized .3 Affidavit of Non-encumbrance – duly notarized* .4 Police Report* .5 Certification issued by Barangay Council Chairman* .6 Proof of Publication of Lost in Newspaper of National Circulation (for ship with coastwise trading)* .7 Certification of Publication issued by Barangay (for ship with Bay and River trading)* .8 Authority to file application (authorized representative) with MARINA i.e. Board Resolution or Secretary’s Certificate or Power of Attorney* .9 MLAO/concerned MRO Clearance* .10 Damaged/Photocopy of CPR/CO* .11 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction * b. Change of Ownership .1 Letter of Application/Request .2 Deed of Sale – duly notarized .3 Approval of Local Sale or Transfer of Ownership ship* - For ship with CPC - Decision issued by the Administration - For ship without CPC - Clearance issued by SD-DSO .4 For Mortgaged ship – Certificate of Release of Mortgage/or Certification of no Objection from the Bank* .5 Ship under Levy – Court Order* .6 Ship Auctioned by the Bureau of Customs – Notice of Award* .7 Ship Auctioned by National Labor Relations Commission – Notice of Award*
  • 12. 12 .8 Ship Confiscated by Government Agencies – Court Order* .9 Proof of Publication of Sale in Newspaper of National Circulation * .10 Original CPR/CO .11 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* .12 If there is a corresponding change of homeport, clearance issued by current homeport* c. Change of Homeport .1 Letter of Application/Request .2 Original CPR .3 Clearance of Change of Homeport* .4 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* d. Change of Engine .1 Letter of Application/Request .2 Original CPR/CO .3 Tonnage Measurement Certificate* .4 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* e. Change of Name .1 Letter of Application/Request .2 MLAO/concerned MRO Clearance .3 Clearances for the Change of Vessel Name * .4 Proof of Publication of Change of Name in Newspaper of National Circulation * - For ships 15GT and above engaged in coastwise operation: To publish once the proposed change of name in a newspaper of national circulation; - For ships 15 GT and above engaged in ferry operation: To publish the proposed change of name in a newspaper of regional/local circulation; and, - For ships below 15 GT; To post a notice to the public in the ports of call of the ship the proposed change of name .5 Original CPR/CO
  • 13. 13 .6 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction f. Change of Business Name and /or Company’s Address .1 Letter of Application/Request .2 Original CPR/CO .3 Copy of MARINA Accreditation /Tonnage Measurement Certificate * .4 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* g. Change of Ships Particulars/Trading Area/Service Type .1 Letter of Application/Request .2 Original CPR/CO .3 Tonnage Measurement Certificate* .4 Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* B. Deletion 1. For Item A.1 and A.2 (bareboat chartered ships) of the preceding Section VI a. Letter Application/Request* b. Original CPR/CO* c. Clearance from DSO for the deletion of the ship* d. Clearance from DSO/concerned MRO (Annual Tonnage Fees)* e. Clearance from MLAO/concerned MRO (no pending case & no unpaid fines and penalties)* f. Notarized Board Resolution /Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* 2. Shipbreaking/Scrapping/Decommissioning of ship a. Letter Application/Request b. Original CPR/CO and other Trading/Safety Certificates c. MOA between MARINA accredited Ship breaker and the Ship Owner d. Clearance for Shipbreaking from SRO/concerned MRO* e. Certificate issued by ship breaker, if ship breaking already done* f. Consent/release of all holders of mortgages which have been duly registered by the Administration, if any g. Clearance from DSO/concerned MRO (Annual Tonnage Fee) * h. Clearance from MLAO/concerned MRO (no pending case and no unpaid fines and penalties)*
  • 14. 14 i. Notarized Board Resolution/Secretary’s Certificate authorizing the filing of application and designating the person to represent the company in this transaction* 3. In case of actual or constructive or total loss a. Letter Application/Request b. Duly notarized Marine Protest or report of incident or loss of the ship c. Official Report from the Administration or the maritime authorities of other countries; or* d. Declaration by a competent accredited surveyor/Philippine Coast Guard as to the fact of the loss;*or e. Certification from Local Barangay Chairman for less than 15 GT and wooden hulled ships.* f. Clearance from MARINA Enforcement Office (EO) in relation to paragraph 3.d to paragraph 3.e.* 4. In case of Item A. 5 Section VI non-operational for a period of five (5) years for PWC, submarines, amphibians and similar type of ships under the class of yacht /miscellaneous ships; a. Result of verification from Maritime Information System Office (MISO) that ship has not renewed its trading and safety certificates for five (5) consecutive years* b. Clearance for Deletion from Shipyard Regulation Office (SRO) , Franchising Office (FO) and Maritime Safety Office (MSO) and concerned MRO * c. Proof of Notice issued to company/owner.* d. Proof of Notice issued to the local Barangay, if applicable.* C. Re-registration 1. Original Mutual Rescission of Contract executed by the Seller and Buyer duly Notarized in the country where the contract was signed and authenticated by the Philippine Embassy in that country. 2. Board Resolution or Power of Attorney authorizing as signatory to the Mutual Rescission of Contract for and in behalf of the company duly Notarized in the country where the contract was signed and duly authenticated by the Philippine Embassy within thirty (30) days from the date of re-issuance of the CO and CPR of the vessel. 3. Original Certificate of Deletion of the subject vessel from the Philippine Registry. 4. Other documents/requirements prior to re-registration of the subject vessel. Documentary requirements stated in the preceding Item VII applies to re- registration of ships.
  • 15. 15 VIII. RESPONSIBILITIES OF THE SHIPOWNERS/OPERATORS The shipowner/operator of Philippine-registered ships shall have the following responsibilities; 1. Ensure that the appropriate and required tax/es are paid on its due date. 2. Secure the various licenses, safety certificates, and franchises, as applicable and appropriate for each ship. 3. Ensure timely renewal of such licenses, safety certificates, and franchises, prior to expiration and when applicable pay corresponding penalty and surcharge in case of late renewal. 4. Undertake all other obligations as stated in the provisions of the appropriate certificates, licenses, and franchise. 5. Payment of the Annual Tonnage Fee (ATF) based on the total gross tonnage operated fleet of the shipowner/operator. IX. SCHEDULE OF FEES AND CHARGES ISSUANCE OF CPR 1. 3 GT and below P300.00 2. 3 .01 GT to 14.99 GT P600.00 + P3.00/GT 3. 15 GT to 34.99 GT P900.00 + P3.00/GT 4. 35 GT to 99.99 GT P1,200.00 + P3.00/GT 5. 100 GT to 224.99 GT P1,500.00 + P3.00/GT 6. 250 GT to 499.99 GT P1,800.00 + P3.00/GT 7. 500 GT and above P2,100.00 + P3.00/GT ISSUANCE OF CO 1. 3 GT and below P300.00 2. 3 .01 GT to 14.99 GT P600.00 + P3.00/GT 3. 15 GT to 34.99 GT P900.00 + P3.00/GT 4. 35 GT to 99.99 GT P1,200.00 + P3.00/GT 5. 100 GT to 224.99 GT P1,500.00 + P3.00/GT 6. 250 GT to 499.99 GT P1,800.00 + P3.00/GT 7. 500 GT and above P2,100.00 + P3.00/GT ADDITIONAL CHARGES For Newly-built Builder’s/Construction Certificate P470.00 For Newly-Purchased (Local) Deed of Sale P470.00 Change of Ownership Ships 35 GT and above P1,300.00 Ships below 35 GT P 650.00 Change of Vessel Name (Optional) Steel-Hulled Ships P2,600.00
  • 16. 16 Aluminum-Hulled Ships or Fiberglass-Hulled Ships or Combination of both or any Other type of Hull P2,600.00 Wooden-Hulled Ships Ships 35 GT and above P 650.00 Ships below 35 GT P 260.00 X. SCHEDULE OF FINES and PENALTIES/SANCTIONS Applicable fines shall be imposed upon a shipowner/operator found to have violated any provisions of this Circular as stated in MARINA MC 120. In addition, the following penalty shall apply: 1. Operating a ship without CPR and CO Below 5 GRT to 3 GRT - P 300.00 per certificate Below 3 GRT (motorized) - P 100.00 per certificate 2. Failure to effect the re-issuance of the CPR and CO within 30 days under the instances enumerated in Section V.D. a. Change of Ownership - P1,000.00 b. Change of Homeport - 1,000.00 c. Change of Engine - 1,000.00 d. Change of ship’s name - 1,000.00 e. Change of Business Name - 1,000.00 and/or company address - 1,000.00 f. Change of ship’s particulars - 1,000.00 g. Change of Trading Area - 1,000.00 h. Change of Type of Ship - 1,000.00 i. For vessels .1 3 GRT and below motorized - P 100.00 per changes .2 Over 3 GRT to 15 GRT - P 200.00 per changes 3. Failure to effect the deletion of the CPR from the Registry of Ships under the instances enumerated in Section VI, excluding ship under Presidential Decrees 760/866/1711 a. Above 5 GRT - P5000.00 b. Below 5 GRT to 3 GRT - 500.00 c. Below 3 GRT - 300.00 4. Submitting fake/spurious/tampered documents 4.1 First Offense:
  • 17. 17 a. For vessels 15 grt and above - P 50,000.00 per fake/tampered document b. For vessels below 15 grt - P 20,000.00 per fake/tampered document c. Plus permanent non-registration of the vessel; or d. Withdrawal of the registration if the ship was registered and found non compliant with the age requirement, e. Without prejudice to any criminal liability under the Revised Penal Code. 4.2 Second Offense a. For vessels 15 grt and above – P 250,000.00 per fake/tampered document b. For vessels below 15 grt - P 40,000.00 per fake/tampered document c. In addition to paragraph c, paragraph d and paragraph e of Item 4 above a withdrawal of the CPC and MARINA Accreditation. If the ship owner failed to have the ship deleted from the registry under those circumstances stated in Section VI, said ship owner shall be watch listed for registration of any ship under his or his company’s name. XII. TRANSITORY PROVISIONS 1. All shipowners/operators with ships previously registered with MARINA bearing alphanumeric official numbers are required to surrender the ships’ COs and CPRs for re-issuance of new COs and CPRs under this Circular. 2. All shipowners/operators of ships issued Certificate of Vessel Registry (CVR) and Provisional CVR (PCVR) are required to surrender the original CVRs/PCVRs for re-issuance of new COs and CPRs under this Circular. All concerned shipowners/operators comply with the above cited provisions within six (6) months from the effectivity of this Circular. XIII. REPEALING CLAUSE The provisions of MC Nos. 90, 177 and Chapter XV of 1997 of PMMRR which are not inconsistent with this Circular are hereby repealed or modified accordingly.
  • 18. 18 XIV. EFFECTIVITY This MARINA Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation. Manila, Philippines, January 18, 2013. BY AUTHORITY OF THE BOARD (Signed)ATTY. NICASIO A. CONTI Officer In Charge, MARINA SECRETARY’S CERTIFICATE This is to certify that MARINA Circular No. 2013-02 has been approved by the MARINA Board during its 223rd Board Meeting on January 18, 2013. (Signed) ATTY. VIRGILIO B. CALAG Acting Corporate Board Secretary Date of Publication: March 1, 2013
  • 19. 19