Definition and Identification of Spurious/Fake Documents
- Documents considered spurious/fake include those that:
- Are admitted by the company, firm, operator, or any officer or employee to be fake.
- Have been replaced by another set of documents purportedly genuine after the questionable documents have been submitted.
- Are secured by "fixers" on behalf of the company, firm, or operator in any arrangement.
Responsibility and Prosecution of "Fixers"
- The company, firm, or operator can be absolved from penalty if it produces the "fixer" responsible for securing or furnishing the questionable document before MARINA.
- Failure to present the "fixer" does not exempt the company from penalties, even if police blotters or other police reports are presented.
Attribution of Acts by Employees
- The acts of employees, messengers, or liaison officers are legally considered acts of the company, firm, or operator itself (the principal).
- This rule reflects the principle of vicarious liability in administrative proceedings under this circular.
Effectivity and Publication
- This memorandum circular takes effect fifteen (15) days after its publication once in a newspaper of general circulation.
- The date of adoption was August 30, 1991, signed by PHILIP S. TUAZON, Administrator of MARINA.
Scope and Authority
- The memorandum circular is issued pursuant to Section 12 (f) of Executive Order No. 125, as amended by Executive Order No. 125-A, both series of 1987.
- It applies to any request or proceeding before the Maritime Industry Authority involving maritime industry entities, primarily shipping or fishing companies/operators.
- The authority centers on ensuring integrity and authenticity of documents submitted in maritime industry proceedings to prevent fraudulent acts.