Title
Penalties for Using Fake Maritime Documents
Law
Marina Memorandum Circular No. 63
Decision Date
Aug 30, 1991
The Maritime Industry Authority imposes a P25,000 fine and potential criminal prosecution on shipping and fishing companies for submitting or using fake documents in any proceedings, with strict penalties applicable per vessel and no permits issued until compliance is met.
A

Q&A (MARINA MEMORANDUM CIRCULAR NO. 63)

The memorandum circular provides penalties for the submission or use of spurious or fake documents in connection with any request or proceedings before the Maritime Industry Authority.

The managing head or chief operating officer of any shipping or fishing company/operator and other maritime enterprise, as well as other concerned persons who submit or use spurious or fake documents before the Maritime Industry Authority, are liable.

An administrative fine of Twenty-Five Thousand Pesos (P25,000.00) shall be imposed.

The fine is imposed per vessel if the request or proceeding refers to vessels.

Recommendation for criminal prosecution shall be made in addition to the administrative fine.

1. Admission by the company, firm, operator or any officers or employees that the document is spurious/fake; 2. Submission of another set of documents purportedly genuine in place of the questionable document; 3. Documents secured by 'fixers' in arrangements with the company, firm or operator.

The company must produce the 'fixer' before the Maritime Industry Authority.

No, failure to present the 'fixer' even with police blotters or police agency involvement does not exempt the company from penalty.

The acts of the company's employee, messenger, or liaison officer are considered acts of the company as principal.

It took effect fifteen (15) days after its publication once in a newspaper of general circulation.


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