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 nonmotorized.
The following ships shall not be covered:
III. DEFINITION OF TERMS
For purposes of this Circular, the following terms are defined:
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 ShipsType 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.
IV. GENERAL PROVISIONS
V. SPECIFIC PROVISIONS
A. Assignment of Name
B. Assignment of Official Number and Marking of Ships
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 |
C. Register of Ships
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. |
D. Re-issuance of CPR and CO
1. A new CPR and/or CO shall be re-issued under the following instances:
3. Change of Homeport
.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. |
.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 rules and regulations and non-payment of tonnage fees. |
4. Change of Name
5. Ship alteration
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
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:
A. Ships registered under the Philippine flag shall be deleted from the Register of Philippine Ships under any of the following circumstances:
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 | |||||
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 reissued 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, | |||||
(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[*] | |||||
.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 | |||||
.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
| |||||
2. | Shipbreaking/Scrapping/Decommissioning of ship
| |||||
3. | In case of actual or constructive or total loss
| |||||
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;
| |||||
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 reregistration of ships.
VIII. RESPONSIBILITIES OF THE SHIPOWNERS/OPERATORS
The shipowner/operator of Philippine-registered ships shall have the following responsibilities;
IX. SCHEDULE OF FEES AND CHARGES ISSUANCE OF CPR
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 | |||
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 | |||||
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:
| ||||||
4.2 Second Offense
|
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
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.
XIV. EFFECTIVITY
This MARINA Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation.
BY AUTHORITY OF THE BOARD
(SGD.) ATTY. NICASIO A. CONTI
Officer-In-Charge, MARINA