QuestionsQuestions (MARINA CIRCULAR NO. 2009-14)
To provide the rules on the grant of exemption from securing a Certificate of Public Convenience (CPC) under the IRR of RA 9295.
To ships used exclusively for company use, or those not engaged in public service in Philippine ports/areas, or whose operations do not fall under RA 9295 and its IRR and amendments.
A license/authority issued by MARINA to a domestic ship operator to engage in domestic shipping.
A certificate issued by MARINA to evidence that a shipowner/operator’s ship is not required to secure CPC.
With MARINA Central Office or the Maritime Regional Office where the applicant’s principal place of business is located.
Upon filing of the application and payment of the required fees.
The name of the ship/s, the nature of the applicant’s business/operation, and the ground/s for exemption.
Affidavit of publication in a newspaper of national circulation with the newspaper clipping, and a copy of the whole newspaper where the Notice of Hearing was published.
1) Duly accomplished MARINA application form; 2) ship documents (Certificate of Ownership, Certificate of Philippine Registry, and coast wise/Bay and River/Pleasure Yacht License as applicable); 3) notarized Special Power of Attorney or notarized Secretary’s Certificate and Board Resolution for authorized representative; and other items listed such as charter contracts (as applicable), ship safety certificates depending on ship type, Radio/Ship Station License, insurance coverage (passenger insurance aggregate limit of P200,000 per passenger), and oil pollution/third party liability coverage (as applicable), plus pictures of the ship and proof of payment of processing fees.
Passenger insurance coverage with an aggregate limit of liability of P200,000.00 per passenger.
Depending on the oil type: 1) For tankers and barges carrying persistent oil—Civil Liability Convention Certificate (CLC); 2) For tankers and barges carrying non-persistent oil—oil pollution coverage; and related third party liability for LPG/LNG carriers (TPL) as applicable.
An Order is issued within five (5) days from filing requiring the applicant to rectify deficiencies or submit required documents within ten (10) days from receipt of the Order.
The NOH is issued to set hearing on a date allowing a five (5)-day period for publication prior to the hearing, published in any newspaper of national circulation including tabloids. If the applicant fails to publish, a second NOH is issued after payment of fees and resets the hearing.
A written Formal Offer of Evidence (FOE) during the hearing or within five (5) days from the date of the hearing, attaching the jurisdictional and documentary requirements.
If sufficient, MARINA issues an Order within three (3) days from receipt of the FOE accepting the FOE; then a Decision and corresponding Certification of Exemption granting the application within fifteen (15) days upon acceptance of the FOE (and similarly within fifteen days after acceptance and submission for decision, per the later statement).
If the applicant has unsettled accounts before MARINA consisting of unpaid administrative penalties and fines or otherwise.
All shipowners/operators covered must file an Application for Exemption within six (6) months from the effectivity of the Circular; those previously issued decisions exempting their ships must inform MARINA within six (6) months from effectivity for issuance of corresponding exemption certificates.