Question & AnswerQ&A (MARINA CIRCULAR NO. 2009-14)
The primary objective is to provide rules on the grant of exemption from securing a Certificate of Public Convenience (CPC) pursuant to the IRR of Republic Act No. 9295.
This Circular applies to all ships used exclusively for company use, not engaged in public service in the Philippines, or whose operations are not covered by RA No. 9295 and its IRR.
It refers to the license or authority issued by MARINA to a domestic ship operator to engage in domestic shipping.
The Certificate of Exemption from Securing CPC issued by MARINA serves as evidence that a ship is not required to secure a CPC.
Applicants must file an application with MARINA or its Maritime Regional Office where their principal place of business is located, and show compliance with jurisdictional and documentary requirements.
These include the duly accomplished application form, ship documents such as Certificate of Ownership and Philippine Registry, certifications like ship safety certificates relevant to the ship type, Radio/Ship Station License, passenger insurance coverage, and others.
The applicant must indicate the name of the ship(s), nature of business or operation, and ground(s) for exemption.
The application is evaluated for completeness, deficiencies are noted and corrected, a Notice of Hearing is published and conducted, the applicant submits a Formal Offer of Evidence, and upon favorable evaluation, a Decision granting the exemption is issued.
No application shall be accepted, processed, or given due course if the applicant has unsettled accounts including unpaid administrative penalties and fines.
They must file an application within six (6) months from the effectivity of the Circular.
The Administrator and the Deputy Administrators or Officer-In-Charge can sign the Decisions, and the Exemption Certificates are solely signed by the Administrator.
It refers to the address indicated in the Articles of Incorporation and By Laws for corporations, Articles of Partnership for partnerships, Articles of Cooperation for cooperatives, or DTI Certificate of Registration of Business Name for single proprietorships.
Passenger ships, cargo ships, tankers (including gas tankers), tugs, dredgers, barges, high-speed crafts, and other ships have specified safety certificates required depending on their type.
Applicants must present an affidavit of publication in a newspaper of national circulation with a newspaper clipping and a copy of the whole newspaper where the Notice of Hearing was published.
A second Notice of Hearing is issued, resetting the case for hearing after the payment of fees.