Question & AnswerQ&A (MIA)
A Philippine national is a citizen of the Philippines or a partnership or association wholly owned by and composed of citizens of the Philippines or of which at least 60% of the capital stock outstanding and entitled to vote is owned and held by Philippine citizens, or a trustee of funds for pensions or other benefits where the trustee is a Philippine national and at least 60% of the funds will benefit Philippine nationals. Additionally, at least 60% of the members of the governing board of both corporations must be Philippine nationals if a corporation and its non-Filipino stockholders own stock in an enterprise.
Bareboat charter means a contract for the lease of a ship for a stipulated period, whereby the lessee has complete possession and control of the ship, including the right to appoint the master and crew, for the duration of the lease.
Only Philippine nationals duly accredited by MARINA according to its Memorandum Circular may apply for authority to charter with MARINA.
The filing fee is P10,000 per vessel for the first three years and an additional P2,000 for every year in excess of the initial three years.
A non-shipowning company may bareboat charter a maximum of five (5) vessels.
The bareboat charterer must man the vessel completely with Filipino officers and crew. No foreign officer is allowed onboard except as supernumerary.
Sanctions include fines of up to P10,000 for the first violation; P10,000 to P20,000 for the second; P10,000 to P20,000 per month of default and/or revocation of certificate for the third; and potential barring from future bareboat chartering and removal from MARINA's accreditation list for repeated or willful violations.
They are subject to an administrative fine of P200,000 and barred from bareboat chartering under P.D. 866/1711 for up to five years.
Documents include particulars of the vessel, ownership details, bareboat charter or lease-purchase agreements, financial statements, BIR tax receipts, survey reports, visa documents for expatriates, board resolutions, and other documents deemed relevant by MARINA.
Any amendment to the bareboat charter party must have prior approval from MARINA to be valid and binding.