Title
Cebu Port Authority General Port Rules and Regs
Law
Cpa Administrative Order No. 01-00
Decision Date
May 26, 2000
The Cebu Port Authority establishes comprehensive port rules and regulations to ensure the safe and efficient operation of all port facilities, detailing requirements for vessel arrivals, departures, and cargo handling.

Policy statements and intent

  • The rules establish uniform port rules and regulations for guidance and compliance by port users and all other concerned parties within the Authority’s territorial jurisdiction.

Core definitions and key terms

  • “Authority” means the Cebu Port Authority created pursuant to Republic Act No. 7621.
  • “Baseport” means the port facilities located in Cebu City, including the five (5) management offices (MOs).
  • “Berth” means the part of the pier/wharf occupied by a vessel, or a place where a vessel may tie up.
  • “Berthing” means maneuvering a vessel from anchorage or pilot station to a berth, including making fast alongside.
  • “Bill of Lading” is the written contract of carriage of goods by a common carrier for delivery to the consignee at a specified time; it also operates as a receipt.
  • “Dues” includes harbor fees, tonnage and wharfage dues, berthing charges, and port dues and any other dues or fees imposed by existing laws.
  • “Heavy Lift Cargo” refers to a very large and heavy single unit cargo, with a minimum of 5,000 kilograms (5 tons), usually discharged or loaded by heavy lifting derrick/crane/boom.
  • “Approaches” means the water area within the vicinity of a port entrance/port through which vessels navigate to seek shelter or to enter the port.
  • “Anchorage” means any place with sufficient depth where vessels anchor or may ride at anchor within the harbor.
  • “Dangerous Cargo” under Article III, Section 9 means solids, gases, or liquids that are obnoxious, corrosive, inflammable, or exhibit dangerous properties likely to endanger vessel safety, cargo and/or passengers, or physical port facilities.

Vessel arrivals, clearance, and entry duties

  • The owner or agent of every vessel intending to call at a port within the Authority’s jurisdiction must notify in writing the Authority of arrival and apply for a berth prior to ETA, within the time specified in Article IV, Section 1 (Berthing Regulations).
  • The master must contact the CPA by radio or other means sufficient to convey the message.
  • Domestic vessels must show proof of valid MARINA authority (CPC, PA, or SP) as a condition precedent to issuance of a berthing permit.
  • The notice and Application for a Berth must be in a form prescribed by the Authority and contain full particulars including: vessel name/flag, GRT, draft, Length Over All, beam, owner/master/agent, ETA and ETD, cargo tonnage to be discharged/loaded, dangerous cargo (whether to be discharged or not), number of passengers (disembarking/embarking), and other pertinent safety/working information (e.g., heavy lifts).
  • The master of every vessel entering or leaving a port between sunrise and sunset must cause the vessel to hoist national colors and signal letters, if any, and keep them exhibited while in port.
  • For foreign-arriving vessels, the master must exhibit Customs, Immigration and Quarantine signals until the proper officer permits lowering those signals.
  • Only an authorized vessel (Immigration/Health/Customs/Pilot Launch/PCG/CPA vessels) may approach within 200 meters of a vessel exhibiting Immigration/Health/Customs signals.
  • No person except a pilot/authorized government officers or duly authorized agents may board or disembark from a vessel coming from a foreign port until cleared by Immigration, Quarantine, Customs and the respective signals are lowered.
  • Every vessel must be anchored or properly secured (wharf, pier, or buoy) before commencing loading/discharging and/or embarkation/disembarkation.
  • No vessel may leave a port unless it possesses a valid CPA Port Clearance issued by or on behalf of the Authority, plus clearances of other agencies (e.g., PCG for SOLAS compliance).
  • A foreign vessel, or a domestic vessel not regularly calling at the Port of Cebu, that has caused damage to CPA port facilities may not receive clearance until an investigation is conducted by the CPA or until a sufficient cash or surety bond acceptable to the Authority equivalent to the estimated amount of the damage is posted by the owner/agent.
  • A domestic vessel regularly calling at the Port of Cebu that has caused damage must not receive clearance unless the incident is already recorded for investigation and the owner/agent executes an undertaking in a form prescribed by the Authority to abide by the findings.
  • A vessel with unpaid accounts with the Authority may be refused clearance until accounts are paid or settled.

Shipping movements and navigational restraints

  • The master of every vessel must comply with Authority or authorized officers’ instructions on berthing, mooring, and anchoring.
  • Every vessel navigating or lying at anchor in port/harbor limits must exhibit lights and shapes required by the International Collision Regulations (ICR).
  • Vessels under way for berthing or leaving must proceed with due caution and moderate speed, defined as a speed allowing stopping in a short time with due regard to conditions and safety.
  • High Speed Crafts (HSC) must observe maximum docking/berth impact speeds to avoid nuisance and damage and must not race each other in any event, time, or place.
  • A vessel causing damage by wash is responsible for such damage absent contributory negligence by the property/vessel owner or person in charge.
  • Harbor crafts must observe sea lanes allocated by the Authority or other government agency and must not cross the bows or impede underway seagoing vessels and must give as wide a berth as possible.
  • The master of a seagoing vessel retains duty to prevent collision or accident whenever and wherever possible.
  • The Authority, through the General Manager or authorized representative, must issue a chart of the port indicating anchorage and prohibited areas in coordination with proper agencies.
  • No vessel may anchor or moor in prohibited anchorage or use an anchor there except to assist in berthing alongside or unberthing.
  • No vessel may anchor in areas other than the purpose designated for that anchorage.
  • No vessel may anchor, berth, moor, or lie: in approaches to a port; in principal fairways; in ways obstructing other vessels’ approach to anchorage/pier/wharf; in cable reserve areas; in special anchorage except for the specified purpose; or in positions likely to foul a vessel anchored/moored/made fast on a buoy.
  • Persons in charge of laid-up vessels must anchor/moor securely in positions directed by the Authority to prevent swinging outside limits and clear of other vessels under wind and tide, and must keep on board enough competent men to tend anchors/lights and respond in emergencies.
  • Violations of laid-up vessel requirements are deemed abandoned and subject to forfeiture by CPA, subject to due process requirements.
  • No oil, spirit, or inflammable liquid may be pumped/discharged to land or into the sea; crude oil, kerosene, and gasoline may not be dumped or spread in the bay at the piers and/or within three miles from the nearest coastline.
  • Transfer of dangerous import/export cargo between vessels anchored in port/approaches, or between a vessel alongside and another vessel alongside the former, requires written permission of the Authority and previous clearance of the Bureau of Customs (BOC) and other required government clearances; for domestic cargo, the Authority’s permit is required plus other permits as required by proper authority.
  • No logs, lumber, or timber may lie afloat unattended within port/harbor limits except alongside a vessel loading such items or within a properly constructed log structure approved by the Authority.
  • Log enclosures must be (i) clear of all wharves/piers, mooring buoys, special anchorage, harbor channel, and approaches; (ii) constructed with at least 15 cm (6 inches) diameter piles at intervals not more than 15 meters (50 ft.) with floating log booms securely attached to vertical piles and wires/chains or other approved scheme, with PCG/Bureau of Forestry/DENR involvement if required; and (iii) kept subject to Authority inspection to ensure prevention of logs scattering/straying.
  • Any log or raft found adrift or beached may, after proper notice, be impounded by the Authority for proper disposition.
  • Log rafts must not exceed 200 meters length or 18 meters breadth without Authority permission; the Authority may restrict dimensions in any port when necessary.
  • Towed rafts must be moved with reasonable dispatch, must not be towed through Special Anchorage areas, and the Authority/PCG/concerned agencies define those areas through coordinated efforts.
  • Log towing vessels must carry conspicuously: daytime a black diamond shape at least one-half meter in diameter; night two white lights positioned vertically two meters apart.
  • Tugs/launches used for towing rafts must have sufficient horsepower to hold tow control under tidal and normal weather conditions, and must leave clear for shipping main channels unless unsafe or impractical.
  • No vessel may emit smoke/soot/ash/grit/oil in quantities constituting a nuisance or producing harmful gas fumes and chemicals.
  • No chipping/scaling/metal working or hot works in a port without written permission by the Authority, except when the vessel is undergoing construction or repair in registered or licensed slipways/shipyards.
  • If a vessel/watercraft/raft/float within a port sinks, strands, capsizes, or catches fire (except force majeure), the master or owner is responsible under existing laws for consequences if at fault or negligent and must immediately remove the craft/float at its/his own expense when called by the Authority to prevent obstruction, after securing a necessary salvage permit from the PCG.
  • If the master/owner/agent unreasonably fails to remove when required, the Authority may cause removal expediently in the public interest/safety of shipping; all costs incurred are borne by the master/owner/agent, without prejudice to penalties under the regulations.
  • No private buoy/mooring may be laid/positioned in port/harbor waters without prior authority from the PCG and CPA.
  • No person may remove/alter/deface/damage/interfere with any Authority notice on vessels or premises under Authority jurisdiction.
  • No steam whistle/siren/horn or like instrument may be used in a port except as a signal of danger, for warning for vessel maneuver, or for other legitimate cause.

Berthing allocation and berth conduct

  • The allocation of Authority berths is at the Authority’s discretion.
  • A vessel is considered for berthing allocation only after the vessel agent files an application for berth.
  • Applications must be submitted at least 24 hours before arrival for vessels on scheduled run and 36 hours for tramping vessels; the Authority may allow weekly berthing allocation for short-run domestic vessels.
  • Applications received after the berthing meeting are deliberated the following day before actual arrival.
  • No vessel may be berthed or unberthed without the Authority’s permission or contrary to its directions, and no vessel may occupy a berth other than the one allocated.
  • Berthing priorities follow a general first come-first served rule, with “arrival” defined as time a vessel drops anchor at the Anchorage Area when no area is available, or time it reaches the Port’s Boarding Area when a berth is available.
  • If space is inadequate for a larger priority vessel, the next smaller vessel that can be accommodated may berth on condition that when additional space becomes available and the larger vessel can berth, the smaller vessel must move to anchorage at its own expense.
  • The pilot must be advised by the Authority on where the vessel should occupy and the vessel must comply with Authority directions.
  • If a scheduled priority vessel encounters mechanical trouble restraining docking, a one (1) hour repair allowance is given; if still inoperative after the grace period, priority passes to the next vessel.
  • Vessels with priority but scheduled to depart the following day may berth to allow passenger disembarkation, but must pull out to give way to a passenger vessel scheduled to depart the same day, even if that passenger vessel has no berthing priority.
  • Vessels intending to berth solely to load fresh water, bunkering, or victualling—where time is of the essence—receive priority over other vessels, but such stay must not exceed the time fixed by the Authority.
  • Government-owned vessels on official business, foreign government vessels not engaged in foreign trade, vessels under stress, and vessels carrying perishable articles/goods receive berthing priority.
  • Passenger liners or tourist vessels receive priority on a limited number of hours stay over purely cargo vessels when practicable and subject to the General Manager’s discretion.
  • Berthing priority is not waived in favor of another vessel, and vessels with unpaid Authority charges/fees/accounts are denied berthing priority until paid/settled.
  • Idle vessels or vessels waiting for cargo or with no activity must be moved to anchorage to allow the next vessel to berth; they may berth again if cargoes for loading are ready unless the Authority temporarily allows another vessel.
  • The Authority may allow domestic vessels to dock at berths designated for foreign vessels if no other vessels are waiting at those berths.
  • Shut-down time caused by heavy rains, major calamities, or accidents restraining work is excluded from time limitations; breakdown of lifting gears and loading fresh water/bunkering/victualling simultaneous with cargo handling are not grounds for time extension.

Vessel readiness, staffing, and berth restrictions

  • No vessel may, without written Authority permission, carry out engine repairs or other related work that would render it unable to move when required.
  • No vessel at a pier/wharf may be left without authorized personnel and a competent officer able to move it when required, and without prior written Authority permission.
  • If the master fails to comply with staffing/authorization requirements, the Authority may cause removal at owner/master expense, and all damages incurred are the sole liability of the master or owner.
  • If a vessel is unable to move when required, the Authority may move it; vessel must pay all expenses incurred by the Authority, without prejudice to penalties.
  • No un-propelled lighter or barge may berth at a pier/wharf without written permission and without a stand-by tugboat to move it when required.
  • No vessel may remain idle at berth for more than one (1) hour when other vessels are waiting to berth.
  • Double-bunking is prohibited except with prior Authority permit; the Authority is not responsible for damage resulting therefrom.
  • No repair may be undertaken while at berth without prior Authority permit.
  • Tugboats may not leave their barges/lighters while at berth; otherwise the Authority may remove them at owner expense, without prejudice to penalties.
  • No movement/shifting of a vessel at berth is allowed without prior Authority permission.
  • The master must not leave the vessel lying at berth or anchorage without a marine officer and necessary manpower complement to move when ordered; failure authorizes Authority removal at vessel expense, without prejudice to penalties.
  • Idle vessels or those without activity/operation are not allowed to remain at berth.
  • Vessels under compulsory pilotage may not maneuver for berth/anchor without the necessary Harbor Pilot.
  • Vessels may not berth/moor in unauthorized places/times or shift from authorized berth without permission.
  • Vessels may not pull alongside another vessel without prior Authority permission.
  • Garbage/slops dumping from a vessel while at berth is prohibited.
  • Authority may direct vessel movement in the best interest of the public; the vessel bears expenses incurred in complying with Authority directions.
  • Cargo vessel time limitation at berth is determined by the controlling hatch cargo volume standard, and is 48 hours whichever is earlier.
  • A vessel must be berthed by its master and crew with advice/direction of the pilot on board and attended by dock labor if available, for making fast/casting off when due notice is given to the Authority.
  • The Authority is not responsible for loss/damage caused by master or vessel employees’ acts/omissions relating to berthing.
  • The Authority is not liable for unsecured/improper mooring or berthing, or for damage/loss occasioned by such unsecured/improper mooring/berthing.
  • While moored alongside, the vessel is under charge of the master and vessel safety is at the sole risk/responsibility of the master or owner; the Authority is not responsible for vessel safety.
  • Vessels alongside wharves/pier must have sufficient personnel to attend moorings at all times and slacken/heave as necessary.
  • Ropes must not be made fast ashore except to dolphins, buoys, mooring posts, belts, or bollards provided for the purpose.
  • Vessels alongside piers/wharves/quays/bulkheads must be provided with rat guards on mooring lines or adequate means preventing rat passage between vessel and pier/wharf.
  • Vessels alongside must provide and use shock-absorbing cushions (rubber/thread cushion or other); pier/wharf owners must provide suitable fenders.
  • Fenders provided by the Authority must not be lifted or removed; absence/lack of fenders does not relieve master/owner liability for damage to port/port facilities.
  • Proper gangways must be securely fastened between vessel and wharf/pier and adequately lighted at night.
  • Persons may embark/disembark only over the gangway or accommodation ladder required to be put up.
  • No ship gear (boat, spar, anchor, cable, or other) or loose dunnage boxes may be placed or remain on a pier/wharf without Authority permission.
  • Dirt/ash/rubbish may not be landed on any wharf/pier except in receptacles provided.
  • Exhaust steam/water/discharges from a vessel at/alongside must be laid down the ship’s side to below wharf/pier level by hose or other appliance.
  • Refuse/filth/excreta from discharge pipe water closet or latrine may not be discharged on any portion of a wharf/pier except in receptacles.
  • Vessel water/steam pipes at a pier/wharf must be properly screened by the Authority.
  • Cleaning costs incurred by the Authority due to contravention must be refunded by the master/owner of the vessel, in addition to the penalty for the offense.
  • Vessels with bow swung outward or with anchors/projections interfering with loading/discharging/berthing must remove those projections/obstructions.
  • No vessel may test run main engines or turn propellers on while at berth without prior Authority permission.

Cargo operations and required manifests

  • The Authority is not responsible for detention or delay of vessels, or for delay in discharging/loading of cargo due to any cause whatsoever.
  • After mooring/berthing alongside a pier or wharf, vessels must have working hatches ready to commence cargo work.
  • Vessels must provide adequate lights at work areas alongside Authority wharves/pier to prevent injury/accident.
  • Loading/unloading must not occur in places/times not authorized by the Authority.
  • Vessels must not allow loading/unloading of cargo by CHSPs not authorized by the Authority.
  • Gasoline/highly flammable substance loading/unloading must be at locations designated by regulations.
  • Dangerous cargo loading/unloading must be at places/times designated by regulations.
  • Vessels must not dump slops/solid or liquid wastes over the side while at berth.
  • The Authority is not responsible as stevedores and stevedoring operations must be supervised by an officer of the vessel concerned who bears responsibility for cargo gear rigging/unrigging/trimming, hatch operations, and safe working, and consequences arising.
  • Winchman or craneman supplied by the Authority upon request is deemed an employee of the vessel’s master.
  • When Authority cranes are leased, the lessee is responsible for damage arising from the lessee’s fault/negligence.
  • Cargo gear leased from the Authority is considered hired on condition the hirer is responsible for damage attributable to hirer fault/negligence; the Authority’s responsibility is limited to cargo damage directly caused by breakdown thereof.
  • Inward cargo list: the master or agent of every incoming vessel must sign and furnish the Authority two (2) copies of the ICM in English.
    • Overseas vessel: at least twenty-four (24) hours before arrival.
    • Coastwise vessel: not later than one (1) hour upon arrival.
  • The ICM must contain: gross weight, measurements, marks, numbers, contents of each package including origin; names of consignees per B/L (or persons paying freight) and their addresses; and an accurate listing as required.
  • The Authority may refuse to allocate a berth unless one ICM copy is deposited/furnished, or the vessel submits a written statement that it does not intend to work cargo, or that the manifest cannot be lodged before arrival due to short sea voyage; in those cases, ICM is submitted upon arrival.
  • Amendments/alterations to ICM authorized by applicable law/regulations due to re-measurement/recounting/re-description must be furnished immediately after completion of discharge.
  • Amendments/alterations to original ICM for containerized liner must be submitted within twenty-four (24) hours after vessel departure if they cannot be submitted prior.
  • Outward cargo list: the master or agent of every outgoing vessel must prepare in English, sign, and submit within three to five (3-5) hours before departure two (2) accurate copies of the OCM.
  • The OCM must include gross weight, measurement, marks, numbers, contents of each package/consignment including final destination, and shipper names/addresses per B/L.
  • Heavy lifts: discharge of any heavy lift or containerized cargo from vessel to pier/wharf is subject to Authority discretion considering physical strength, space availability, and cargo nature and other factors.
  • Reasonable dispatch: vessels must discharge/load with reasonable dispatch; if required to vacate a berth shortly for another vessel, work must continue including night and overtime as required by the Authority.
  • If a vessel fails to effect dispatch/work night/overtime as required, the Authority may order the vessel to vacate the berth, and the master must immediately comply.
  • The Authority determines the re-berthing place after vacating solely at its discretion; the vessel bears all expenses in complying.
  • Documents: master/agent must produce any required books or documents connected with landing/shipping of cargo and passenger/crew embarkation/disembarkation.
  • Cargo discharge by marks for easy identification and sorting is required.
  • After Authority notification that storage accommodation is unavailable in transit shed/warehouse/open space, the Authority is not bound to find storage and is not liable for loss/damage of goods in port facilities; it may remove the cargo after payment of lawful revenues/charges at owner expense to decongest.
  • Passenger baggage stored in Authority transit sheds/warehouses is not the Authority’s responsibility unless a receipt is issued; liability is limited to Two Hundred Pesos (P200.00) per package unless value is duly declared and paid for ad valorem based on value determined by the Authority.
  • The Authority may prohibit landing or refuse to accept cargo that in its opinion imperils safety of persons/property or damages port premises or adversely affects cargo safety within Authority premises.
  • Offensive cargo: the Authority may give at least twelve (12) hours notice to the owner or consignee and order removal and/or destruction of offensive goods landed without permission when urgently necessary in the public interest, without liability for removal/destruction and without prejudice to other liabilities.
  • If the owner cannot be found, publication in the bulletin board for one (1) day or announcement in any media outlet suffices.
  • Removal/destruction expenses for offensive cargo are borne by the consignee or owner; “offensive cargo” includes obnoxious, corrosive, inflammable goods or those posing danger to life, property, or the government.
  • Ship-side and direct deliveries: the master/agent must submit lists of inward/outward deliveries and direct deliveries/shipments to/from wharf/pier with details and at times required by the Authority.
  • Payment of bills: masters/owners/agents of vessels and owners/consignees must promptly pay all Authority bills; failure allows refusal of services to the vessel or “sister vessel,” without prejudice to detention power for non-payment.
  • Cargo handling contracts/permits: the Authority may authorize a contractor to provide cargo handling services by contract/permit/arrangement, with liabilities and responsibilities stipulated thereunder.
  • No corporation/firm may perform cargo-handling work within Authority premises unless it holds an Authority permit/license or is provided with a management contract by Authority or has an existing PPA permit/license/management contract/arrangement entered into before with PPA.
  • The Authority is not responsible for claims or damages arising from the granting of cargo handling contracts/permits.
  • Entry/permits/pass: no person may enter Authority premises unless with legitimate business/purpose and a prior permit/pass issued by the Authority; no vehicle or person (except CPA officials/employees) may enter a pier/wharf or Authority premises without a pass.
  • Release of goods:
    • Domestic cargo releases require corresponding B/L or Delivery Orders and CAR after payment of lawful fees/charges collectible therefrom.
    • Import/export cargo releases/transfer/loading require payment of lawful revenues collectible by BOC and presentation of required release/transfer/loading orders or documents plus payment of Authority fees/charges.
    • Release by marks is required; the Authority may not sort/sort by numbers and sub-marks except upon request and at vessel/cargo owner/consignee expense.
  • Delays/detention of cargo: the Authority is not responsible for delay/detention of shipment it directly received, or for discharge/delivery delays due to congestion at pier/wharf or at berth, or for any other cause/circumstance beyond Authority control.
  • Receiving outside cargo: break-bulk cargo may not be brought in or laid on any pier/wharf before the vessel is ready to receive it; placement on storage area/roadway requires Authority permission.
  • Working hours: port working hours and delivery/office hours are fixed by the Authority from time to time.
  • Damaged cargo:
    • If the Authority renders service directly, it must set aside damaged/bad order cargo for survey but is not responsible for failing to note external damage not easily detectable upon discharge.
    • Survey for determining liability must include ship/agent representative and cargo-handling contractor and Authority representative for domestic cargo; for foreign cargo, BOC representative must be present.
  • Firearms/explosives: packages containing firearms/ammunitions/explosives must be clearly marked, and at least twenty-four (24) hours before arrival the carrying vessel must provide written notice with full cargo particulars and include required permit/authority for importation and discharge.
  • Contamination of other cargo:
    • If cargo deteriorates to contaminate other cargo, the Authority may require complete removal within twenty-four (24) hours after notice to the owner/consignee/agent, after payment of lawful revenues and charges due.
    • If notice is not complied with, the Authority may remove to open storage, sell by public auction, destroy, or otherwise dispose of the goods as it deems proper for domestic cargo and in coordination with BOC for import/export, without liability for compensation; auction expenses are charged against owner/shipper/consignee.
  • Animals:
    • No animals may be landed or brought into port/premises except for direct delivery/shipment; the

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