Question & AnswerQ&A (MARINA CIRCULAR NO. 2009-08)
The main objective is to provide rules for the conduct of compliance monitoring of ships by MARINA-deputized maritime enforcers to ensure uniformity, consistency, and compliance with maritime laws, rules, and regulations for Philippine-registered ships and ships engaged in domestic operation.
Deputized maritime enforcers are employees or members of deputized agents authorized by MARINA to perform compliance monitoring activities.
An MVR is an accountable form issued on-site by deputized maritime enforcers to ship owners/operators/masters/crew for any violation or deficiency found during compliance monitoring.
The deputized maritime enforcers shall recommend detention of the ship, leading to issuance of a Cease and Desist Order (CDO) by MARINA prohibiting further operations until violations are rectified and penalties paid.
They must have a secondary level education certified by DECS or school, and possess a good moral character evidenced by police, barangay clearance, and certificate from religious or community leaders.
Compliance monitoring must be done unannounced, at least 2 hours prior to ship departure (30 minutes for motor bancas), includes examination of ship and crew certificates, issuance of MVR for violations, and must avoid undue delay to ship departure.
Failing to rectify violations after the third MVR results in the ship and its operator/owner being included in MARINA's watch list, and issuance or renewal of ship documents will be held in abeyance until resolved.
MARINA maintains a uniform MVR Booklets Log Book showing distribution, receipt evidence, and uses a Receipt Form for deputized enforcers. Spoiled or voided MVR are returned with explanations, and periodic reconciliation is required.
Suspension occurs for discourteous conduct, extortion, negligence, grave misconduct, abuse of authority, incompetence, inefficiency, graft and corruption, or failure to submit MVR copies. Revocation occurs for repetition of offenses, separation from service, physical disability, or death.
They assist in serving the CDO to ship owners/operators, ensure it is furnished to Philippine Ports Authority and Philippine Coast Guard to deny departure clearance, and recommend lifting the order after rectification and payment.