QuestionsQuestions (MARINA CIRCULAR NO. 2013-02)
Its legal basis includes PD 474 (Sec. 12[d]), EO 125 as amended (Sec. 10[1] Chapter III), RA 9295 (Sec. 10[1] Chapter III), and Chapter XV of the PMMRR 1997. It aims to govern the registration, documentation, and deletion of ships entitled to fly the Philippine flag.
Covered: all types of ships operating in Philippine waters regardless of size/utilization, including those below 3 GT (with or without power). Excluded: warships/naval ships; Coast Guard ships; all ships of foreign registry temporarily used in PH waters; and inflatable boats for rescue made of single or more rubber tubing (SMRT).
Domestic ownership refers to ownership vested in Philippine citizens or corporations/cooperatives/associations organized under Philippine laws at least sixty percent (60%) of the capital stock/capital that is wholly by citizens of the Philippines.
They are issued a temporary CPR co-terminus with the approved charter period by MARINA. No CO is issued. (Validity of CPR for this category is co-terminus with the charter period).
Generally, CPR has no expiration. Exceptions: (1) bareboat-chartered ships under PD 760—validity is co-terminus with charter period; (2) motorbancas predominantly wooden-hulled with mechanical propulsion—validity for five (5) years; (3) SMRTs, PWCs, and ships below 3 GT—validity for five (5) years.
The domestic shipowner/operator must secure MARINA approval on the proposed ship name for registration. The Administration through its MISO approves the assignment of a name, provided it is not already assigned or borne by another ship.
Official number consists of 10 characters: first two (2) refer to the Central Office/MRO where registered; last seven (7) are the ascending number. It must be carved or permanently marked in the main beam and appear with the ship’s name on all ship documents.
Trampers: at the Central Office (CO) or nearest MARINA Regional Office (MRO) where the company’s principal/branch office is located. Liners: at the CO or nearest MRO of the company’s principal office, or any ports of call where the company has a branch office.
Within fifteen (15) days from approval by MARINA of the sale/transfer of ownership, subject to requirements under the Circular.
Examples include: exportation due to sale to a foreign entity; expiration of CPR for bareboat-chartered ships; ship breaking/scrapping/decommissioning; total loss as stipulated in a Marine Protest/Report; non-operational for five (5) years for WHS/PWC/submarines/amphibians and similar miscellaneous ships; revocation of charter/lease approval after due process; and deletion after due process for violations of government rules and regulations.
Letter application/request; original CPR/CO; clearances from DSO for deletion, from DSO/MRO regarding annual tonnage fees, from MLAO/concerned MRO re no pending case/no unpaid fines and penalties; and notarized board resolution/secretary’s certificate authorizing filing.
Pay appropriate taxes; secure required licenses/safety certificates/franchises; renew them timely (pay penalties/surcharge for late renewal); comply with obligations in those certificates/licenses/franchises; and pay Annual Tonnage Fee based on gross tonnage operated fleet.
Operating without CPR and CO: Below 5 GRT to 3 GRT—PHP 300.00 per certificate; below 3 GRT (motorized)—PHP 100.00 per certificate.
First offense: PHP 50,000.00 per fake/tampered document for vessels 15 GRT and above; PHP 20,000.00 per fake/tampered document for below 15 GRT, plus permanent non-registration or withdrawal of registration if age requirement not complied with. It is without prejudice to criminal liability under the Revised Penal Code. Second offense increases amounts and includes withdrawal of CPC and MARINA accreditation; also watch listing if the ship owner fails to have the ship deleted under Section VI.