Question & AnswerQ&A (MIA MEMORANDUM CIRCULAR NO. 49-A)
It mandates the submission of Annual Reports by shipping companies, shipowners, and operators whose vessels have Certificates of Public Convenience or Provisional Authorities under the Public Service Act.
All shipping companies, shipowners, and operators whose vessels are issued Certificates of Public Convenience (CPC) or Provisional Authorities (PA) requiring annual reports are covered.
No, they are exempt since they are exempt from the provisions of the Public Service Act (Commonwealth Act No. 146, as amended).
The Annual Report for the preceding year must be submitted on or before June 30 of each year to MARINA.
Operators must fill out the MARINA prescribed forms available for a fee at the MARINA Central or Regional Offices, with specific formats for single proprietorships, partnerships, and corporations.
They are not required to submit Annual Reports if they notify MARINA in writing within 15 days of cessation, except if operations did not cease on January 1, they must still report traffic for the operational part of the year.
They must still submit Annual Reports during the non-operational years, with financial reports reflecting depreciation, amortization, and maintenance expenses, and indicate periods of no operation in the traffic report.
Penalties range from P500 to P3,000 per year of delay depending on vessel tonnage, with non-payment potentially leading to suspension or cancellation of the CPC or authority.
It can cause summary suspension, revocation, or cancellation of the CPC or authority plus fines ranging from P5,000 to P25,000 depending on vessel tonnage.
A penalty of P25,000 is imposed without prejudice to further sanctions under the Public Service Act and the Revised Penal Code.
It takes effect fifteen (15) days after its publication once in a newspaper of general circulation.
Such violations shall be subject to the penalties provided in Sections A, B, and C of the Circular if those penalties are lower than those under the previous Memorandum Circular No. 49, series of 1989.