Law Summary
Legal Bases
- Based on Section 12(f) of Executive Order No. 125 as amended
- Supported by DOTC Department Order No. 98-1180 dated October 9, 1998
Coverage of Deputization
- Covers enforcement of maritime safety laws, rules, and regulations
- Includes issuance of specified vessel safety documents
Enforcement of Laws, Rules, and Regulations Affecting Maritime Safety
- PCG to verify compliance of Philippine-registered vessels in domestic trade with documentation including:
- Certificate of Vessel Registry, Pleasure Yacht Registration/Permit, Certificate of Number, Certificate of Ownership
- Coastwise License, Bay and River License
- Certificates of Inspection (including Interim and Special Certificates)
- Permits to operate cargo and fishing vessels
- Special permits for navigation and hazardous cargo
- Seafarers-related documents such as SIRB, endorsements, licenses, training certificates, MBOL
- Verify observance of conditions of CPC, Provisional Authority, Special Permit, or CPC exemption:
- Routes and trip schedules
- Valid passenger insurance
- Passenger capacity and potential overloading
- Serve and enforce MARINA-issued Cease and Desist Orders on vessel masters
- Conduct Emergency Readiness Evaluation (ERE) and Material Readiness Evaluation (MARE)
- Control vessel movement during typhoons and adverse weather
- Issue Inspection Apprehension Reports (IAR) to non-compliant masters
- Provide IAR copies to Philippine Ports Authority with recommendations on departure clearance
Issuance of Vessel Safety Documents
- PCG authorized to issue:
- Pleasure Yacht Registration/Permit, Certificate of Number
- Coastwise License, Bay and River License
- Certificates of Inspection and Interim Certificates
- Special Certificates of Inspection
- Permit to Operate Cargo and Fishing Vessels
- Special Permit to Navigate/Towing Permit
- Special Permits for inflammable/dangerous/hazardous cargoes
- Motor Boat Operator's License
- Dispensation Permit as governed by 1997 PMMRR
- Conditions for issuance:
- Personnel must meet competence and qualification requirements prescribed by MARINA
- Adherence to MARINA's procedures and forms
- Issued certificates bear official PCG and MARINA logos and are deemed issued by MARINA
Submission of Documents and Reports
- PCG to submit monthly reports to DOTC Secretary and copy to MARINA Administrator covering deputized functions and maritime incidents
- PCG must provide MARINA:
- List of inspectors and issuing officers with qualifications and specimen signatures
- Copies of all issuances on a monthly basis
- Investigation reports/findings including violations
- Reports on vessel movement control during adverse weather to Maritime Regional Directors and MARINA Central Office
- MARINA to provide PCG:
- Contact list of Maritime Regional Directors and Action Officers for coordination
- Copies of applicable MARINA circulars, rules, and amendments
- Qualification requirements for inspectors and issuing officers
- Forms and procedures for issuance
Review and Assessment
- MARINA and PCG to meet regularly to review, assess, and enhance deputized functions implementation
Revenue Handling
- Revenues from deputized functions to be properly receipted, recorded, and remitted to Bureau of Treasury following DBM and COA regulations
- Deposited income certification to be submitted to nearest MARINA office within seven days of following month
Transitory Provisions
- MARINA-issued certificates/permits prior to this Circular remain valid until expiration unless revoked or cancelled
Repealing Clause
- All conflicting or inconsistent orders and issuances are repealed or modified accordingly
Effectivity
- Circular takes effect immediately upon publication in a newspaper of general circulation
- Adopted on November 5, 1998, signed by Administrator Agustin R. Bengzon