Deadline for Submission
- Annual Reports pertain to the immediately preceding calendar year.
- Must be submitted on or before June 30 of each year.
- Submission can be made at the MARINA Central Office or its Regional Offices within the operator's territorial jurisdiction.
Prescribed Format and Requirements
- Operators must use MARINA-prescribed forms.
- Specific formats available for different business structures: single proprietorship, partnership, and corporation.
- These forms are available for a fee at MARINA offices.
Exemptions from Submission
- Operators of tugboats and lighters are exempt as they fall outside the scope of the Public Service Act.
- Operators or companies permanently ceasing operations for one year or more owing to decommissioning, bankruptcy, sale, or transfer of ownership are exempt from submitting reports.
- These entities must notify MARINA in writing within 15 days after cessation.
- If operations cease on a date other than January 1, partial annual reports reflecting activity up to the stoppage must still be filed.
- Temporary cessation for a year or more due to repairs, renovations, legal, or financial issues requires submission of financial reports indicating depreciation, amortization, and maintenance expenses, with traffic reports noting non-operation periods.
Penalties for Non-Compliance
Late Submission:
- Late if submitted after June 30 deadline.
- Penalties vary based on vessel tonnage:
- 50 GRT or less: ₱500 per year of delay
- 51-100 GRT: ₱1,000 per year of delay
- Over 100 GRT: ₱3,000 per year of delay
- Failure to pay penalties can lead to suspension or cancellation of CPC or PA until full payment is made.
- Payment of penalty does not exempt operators from submitting the required reports.
Blatant and Contumacious Refusal to File for Two Consecutive Years:
- Summary suspension, revocation, or cancellation of CPC or existing authority.
- Additional penalties based on tonnage:
- 50 GRT or less: ₱5,000
- 51-100 GRT: ₱10,000
- Over 100 GRT: ₱25,000
Misrepresentation of Report Entries:
- Filing false or fraudulent reports is prima facie evidence of misrepresentation.
- Penalty: ₱25,000
- Subject to other sanctions under the Public Service Act and the Revised Penal Code.
Transitory Provisions
- This Circular amends and supersedes MARINA Memorandum Circular No. 49 (1989).
- Penalties imposed before the effectivity of this Circular shall be adjusted to the lower amounts provided herein if applicable.
Effectivity
- The Circular shall take effect 15 days following its publication in a newspaper of general circulation.
This comprehensive regulation aims to ensure transparency and accountability among maritime operators through mandated annual reporting, with clear procedures, exemptions, and penalties to enforce compliance.