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(NAR) VOL. 13 NOS. 1-4 / OCTOBER-DECEMBER 2002

[ MARINA FLAG STATE ADMINISTRATION ADVISORY NO. 28, October 21, 2002 ]

SPECIAL AUTHORITY TO OPERATE PASSENGER AND/OR CARGO LINER SHIPS DURING HOLIDAY SEASON



Pursuant to the Public Service Act (Commonwealth Act No. 146, as amended), Presidential Decree No. 474, Executive Order 125/125-A, Memorandum Circulars Nos. 121 and 161, and to ensure safe, convenient, and uninterrupted public service during the Holiday Season, the following guidelines are hereby promulgated:

I.          COVERAGE

This Flag State Administration Advisory shall cover all Philippine-registered domestic liner ships carrying passengers and/or cargoes.

II.         DEFINITION

Holiday Season — refers to the following Regular Holidays and such nationwide Special Days as may be declared pursuant to Book 1, Chapter 7 of the Revised Administrative Code of 1987 unless modified by law, order or proclamation, to wit:

A. Regular Holidays

1. New year’s Day

January 01

2. Maundy Thursday

Movable dates (within the months of March or April)

3. Good Friday

Movable dates (within the months of March or April)

4. Labor Day

May 1

5. Independence Day

June 12

6. National Heroes Day

Last Sunday of August

7. Bonifacio Day

November 30

8. Christmas Day

December 25

9. Rizal Day

December 30

B.      Nationwide Special Days

1. All Saints Day

November 1

2. Last Day of the Year

December 31

III.        INSTANCES COVERED

Special authority to operate during Holiday Season covered by this Advisory includes changes/adjustments/amendments of schedule or route/automatic substitution, under any of the following circumstances:

a.      fortuitous event;

b.      emergency/calamity situations;

c.       drydocking/repair/engine breakdown/trouble;

d.      increase in frequency of trips in authorized route/s due to influx of passengers;

e.      for cargo-carrying ships only; side trips/special trips to carry shut-out cargoes, empty containers or overbooked cargoes;

f.        departure of ships as soon as they are filled to their authorized capacity regardless of the scheduled departure; and,

g.      other analogous circumstances as may be determined by MARINA.

IV.       CONDITIONS/LIMITATIONS OF OPERATION

The implementation of the above changes/adjustments/amendments in ship/s schedule or routes shall be allowed subject to the following conditions:

1.      Such change/amendment/adjustment shall be subject to confirmation by the MARINA and maybe modified/cancelled or revoked at anytime for valid cause;

2.      That all the ship documents as required under Memorandum Circular Nos. 121 and 161 are and shall remain valid when such change/amendment/adjustment is effected;

3.      That all passenger-carrying ships shall carry valid indorsement/rider from the insurance company regarding such change/amendment/adjustment;

4.      That there shall be no conflict with the schedule of trips of the other authorized operators in the affected route/s and that no authorized route/s shall be left unserviced;

5.      That an accompanying Marine Protest shall be submitted to the MARINA in case such change/amendment/adjustment is caused by a marine incident/accident; and,

6.      That the concerned shipowner/ship operator shall submit, within the next twenty-four (24) hours of the next working day, together with the required documents mentioned in item III above, an application for confirmation of a special authority to operate a passenger and/or a cargo ship undertaken during the Holiday Season and shall pay expedite filing fees in the amount, as follows:

a.         Steel-hulled ship         P3,000.00/ship

b.         Wooden-hulled vessels

i.          35 GT and above — P1,600.00/ship

ii.          below 35 GT — P800.00/ship

For strict compliance.

Adopted: 21 Oct. 2002

(SGD.) ATTY. OSCAR M. SEVILLA
Administrator

 

 

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