Legal basis and related authorities
- Section II grounds the deputization on Section 12 (f) of Executive Order No. 125, as amended.
- Section II further cites DOTC Department Order No. 98-1180 dated 09 October 1998 as a consonant basis.
- Section IV.7 links the submission of inspection documentation to Executive Order No. 493 for purposes of departure clearance coordination.
Policy focus and purpose of deputization
- The deputization is intended to implement and enforce maritime safety rules and regulations by clarifying and delineating functions between MARINA as maritime administration and the Philippine Coast Guard (PCG) as maritime enforcer.
- The arrangement is designed to improve coordination and cooperation to promote safety of life and property at sea.
- The PCG undertakes deputized enforcement and documentation functions for Philippine-registered vessels engaged in the domestic trade.
Coverage and covered activities
- The deputization covers two major activities: (1) enforcement of laws, rules and regulations affecting maritime safety, and (2) issuance of specified vessel safety documents.
- Enforcement activities are performed by the PCG over Philippine-registered vessels engaged in the domestic trade.
- The issuance of safety documents is performed by the PCG when required conditions under the circular are satisfied.
PCG enforcement duties
- Section IV.1 requires PCG verification of compliance with vessel and crew documentation for the enumerated items, including:
- Certificate of Vessel Registry
- Pleasure Yacht Registration/Permit
- Certificate of Number
- Certificate of Ownership
- Coastwise License
- Bay and River License
- Certificate of Inspection/Interim Certificate of Inspection
- Special Certificate of Inspection
- Permit to Operate Cargo and Fishing Vessels
- Special Permit to Navigate
- Special Permit to Carry/Load Inflammable/Dangerous/Hazardous Cargoes
- Seafareras Identification and Record Book (SIRB)
- Endorsement of Certificates under M.C. No. 83
- Other Seafarer-related Documents (e.g. Licenses, Training Certificates, Dispensation Permit)
- Motor Boat Operatoras License (MBOL)
- Section IV.2 requires PCG verification of compliance with the terms and conditions of Certificate of Public Convenience (CPC), Provisional Authority (PA), Special Permit (SP), or CPC Exemption, specifically:
- MARINA-prescribed route/s and schedule of trips
- Validity of passenger insurance policy, for passenger-carrying vessels
- Maximum authorized passenger capacity through headcounting in cases with clear indication of overloading/overcrowding
- Section IV.3 requires PCG to serve copies of MARINA-issued Cease and Desist Orders (CDO) on the Master and to enforce them.
- Section IV.4 requires PCG to conduct Emergency Readiness Evaluation (ERE)/Material Readiness Evaluation (MARE).
- Section IV.5 requires PCG to undertake control of the movement of vessels/watercrafts during typhoons and adverse weather condition.
- Section IV.6 requires PCG to issue and serve an Inspection Apprehension Report (IAR) on the Master for failures to comply with MARINA circulars, rules and regulations, and to conduct appropriate hearing/disposition for purposes of imposing fines and penalties.
- Section IV.7 requires PCG to provide a copy of the IAR to the Philippine Ports Authority (PPA) in accordance with Executive Order No. 493, with a recommendation to deny issuance of departure clearance when detention of the vessel is warranted.
PCG issuance of vessel safety documents
- Section V requires PCG to issue the following vessel safety documents:
- Pleasure Yacht Registration/Permit
- Certificate of Number
- Coastwise License
- Bay and River License
- Certificate of Inspection/Interim Certificate of Inspection
- Special Certificate of Inspection
- Permit to Operate Cargo and Fishing Vessels
- Special Permit to Navigate/Towing Permit
- Special Permit to Carry/Load Inflammable/Dangerous/Hazardous Cargoes
- Motor Boat Operatoras License
- Dispensation Permit as governed by 1997 PMMRR
- Section V.1 requires observation of competence/qualification requirements for personnel responsible for issuance of CI, ICI and Special Certificate of Inspection as prescribed by MARINA.
- Section V.2 requires PCG to adhere closely to MARINA’s procedures and forms in issuing certificates.
- Section V.2 provides that certificates issued by PCG are deemed issued by MARINA and therefore must bear the official PCG and MARINA logo.
Document and reporting obligations
- Section VI requires PCG to submit a monthly report to the Secretary of the Department of Transportation and Communications (DOTC), with a copy furnished to the MARINA Administrator, on the conduct of deputized functions, including updates on maritime incidents.
- Section VI requires PCG to submit to MARINA:
- A list of inspectors and issuing officers, by area of assignment, with corresponding qualifications and specimen signatures
- Copies of all issuances to the nearest MARINA office on a monthly basis
- Copies of investigation reports/findings, including decision/violation, when applicable, of reported violations committed by shipping companies and all concerned
- Reports to the concerned Maritime Regional Director and the MARINA Central Office Action officer of any control undertaken on movement of vessels/watercrafts during typhoon and adverse weather conditions
- Section VI requires MARINA to provide PCG:
- A list of Maritime Regional Directors and MARINA Central Office Action Officers with whom PCG will coordinate for effective implementation
- Copies of applicable MARINA circulars, rules and regulations for law enforcement and subsequent amendments
- Qualification requirements for inspectors and issuing officers
- Forms and procedures to be used
- Section VII requires MARINA and PCG to meet regularly to review, assess, and/or enhance conduct of the deputized functions.
Revenue handling and remittance
- Section VIII requires that revenues derived from deputized functions be properly receipted, recorded, and remitted to the Bureau of Treasury in accordance with existing DBM and COA rules and regulations for and in behalf of MARINA.
- Section VIII requires the duly deposited/remitted income certified by the depository bank and the Bureau of Treasury to be submitted to the nearest MARINA office within the first seven (7) days of the following month.
Transitory, repealing, and effectivity rules
- Section IX provides that all certificates/permits issued by MARINA prior to the circular’s effectivity continue to be valid and subsisting until expiration unless sooner revoked or cancelled.
- Section X repeals or modifies all orders and/or issuances that are in conflict or inconsistent with the circular.
- Section XI provides immediate effectivity upon publication once in a newspaper of general circulation.