Scope and Coverage
- Applies to all individuals or entities authorized by law to use ships for commercial carriage of passengers or cargo within the Philippines.
- Includes natural persons, corporations, partnerships, and cooperatives regardless of route types or clientele (general or limited).
Accreditation as a Prerequisite
- Mandatory for obtaining permits, licenses, authorities, VAT exemption under RA 9295, financial assistance, incentives, and other government endorsements.
- Valid for three (3) years and renewable for the same duration.
- Re-issuance required upon change of corporate or company name; changes in officers should be reported without re-issuance.
- Ship acquisition requires updating capital to cover new assets.
Qualification Requirements
- Citizenship: Applicant must be Filipino citizen and permanent resident.
- Ownership: Commercial partnerships must be wholly Filipino-owned; corporations must have at least 60% Filipino ownership; cooperatives must be duly registered.
- Business Purpose: Domestic shipping must be stated in Articles of Incorporation or business registration documents.
- Management Competency:
- Corporations, partnerships, cooperatives require at least two principal officers with 2 years of relevant experience.
- CEO and COO (or equivalents) must be Filipino citizens and permanent residents.
- Single proprietors must have at least 2 years experience in ship management or related fields.
- For motor banca operators:
- Below 3 GRT requires Certificate of Number/Permit and Motorboat Operator License.
- Between 3-35 GRT requires Boat Captain License and Marine Diesel Mechanics certification.
Capitalization Requirements
- Minimum paid-up capital depends on total gross tonnage (GT):
- Minimum P25,000 or P2,500 per GT.
- Operators of tankers or barges hauling oil/petroleum require at least P5 million.
- Operators of ships above 4,999 GT require at least P12.5 million.
- Fractions of GT counted as one whole for capitalization.
- Existing operators must update capitalization upon changes in fleet tonnage before acquisition approval.
Documentary Requirements
- Letter of intent addressed to MARINA.
- List and specifications of ships owned/chartered with corresponding ownership certificates.
- Latest audited financial statements for existing companies.
- List of incorporators, directors, officers, with bio-data emphasizing shipping experience.
- Legal registration documents (Articles of Incorporation, business licenses).
- Proof of capitalization (SEC/CDA certifications, audited statements, or DTI financial documents).
- Payment of prescribed accreditation fees.
- Previously submitted verified documents may be exempted upon declaration.
Reporting Obligations
- Amendments to Articles or By-Laws within 30 days of SEC approval.
- Replacement of directors or principal officers within 30 days with bio-data.
- Submission of audited financial statements by June 30 following the covered year.
- Changes in ship tonnage and updates in paid-up capital certification.
- Documents must be originals or true copies duly attested.
Withdrawal or Suspension of Operations
- Enterprises must notify MARINA two months prior to withdrawal or suspension.
- Unauthorized withdrawal or suspension exceeding four continuous months leads to cancellation of accreditation after notice and hearing.
- MARINA evaluates each case individually and may require refund of incentives with penalties.
Fees and Charges
- Accreditation fees vary by type of entity:
- Corporation: P8,580
- Partnership: P5,150
- Single Proprietorship: P780
- Cooperative: P4,300
- Late renewal surcharges calculated daily with set maximum amounts.
- Re-issuance of Certificates due to corporate name change costs P780.
Administrative Fines and Penalties
- First offense fines range from P500 to P30,000 depending on violation and entity type.
- Violations include non-submission or non-compliance with post-approval documents, operating without accreditation, expired accreditation, and failure to maintain qualification requirements.
- Severe violations may result in suspension, cancellation, or revocation of accreditation.
Effectivity
- The guidelines took effect 15 days after publication in a newspaper of general circulation.
- Officially adopted on February 16, 2006 by the Administrator of MARINA, Vicente T. Suazo, Jr.