Definitions
- Child: Person aged 12 years or below.
- Adult: Person above 12 years old.
- Passenger: Any person on board excluding master, crew, ship-employed personnels, rescued individuals under force majeure, and children under 1 year old.
- Passenger Manifest: The prescribed list of passengers on board for a specific voyage, containing the required information.
General Provisions on Passenger Limits and Manifesting
- No passengers shall be admitted beyond the authorized total passenger capacity of the ship.
- Exceptions allowed only during rescues as per Regulation I/7(I) of the PMMRR '97.
- All passengers must be recorded in the Passenger Manifest using the prescribed format.
- Children under 1 year are not passengers but their names shall be attached to accompanying adults in the manifest.
- Children under 3 years allowed free admission shall also be listed attached to adults.
- Children with discounted fares are counted as passengers but listed distinctly as children. Two children sharing one accommodation count as one entry.
- Persons with discounted fares or complimentary passes (e.g., drivers, helpers) must be listed and counted as passengers.
- All listed passengers, except companions, are entitled to accommodations and amenities equivalent to paying passengers.
- Passenger Manifest entries must be legible and preferably computer-generated.
Passenger Capacity and Accommodation Categorization
- The Certificate of Inspection will show total authorized passenger capacity in two categories for ships with lying accommodations:
- (a) With accommodations: total passengers per accommodations in approved plan.
- (b) Shared/without lying accommodations: 10% of authorized passengers entitled to accommodations, including certain children sharing accommodations.
- This categorization does not apply to ferries, High Speed Crafts, or similar ships with sitting accommodations.
Lifejackets and Life-Saving Appliances
- Every person on board must be provided with an administration-approved lifejacket.
- Lifejackets suitable for children must be at least 10% of the total authorized passengers with accommodations.
- Additional lifejackets are required if children onboard exceed this 10% threshold.
- Passenger ships must comply strictly with Chapter IX of the PMMRR '97 concerning Life-Saving Appliances.
Sanctions for Violations
Insufficient Lifejackets and Life-Saving Appliances:
- 1st violation: P1,000.00 per piece + vessel non-operation/non-extension of certificates until compliance.
- 2nd violation: P2,000.00 per piece + non-operation/non-extension.
- 3rd violation: P4,000.00 per piece + revocation/cancellation of certificates.
Carrying Excess Passengers or Absence of Passenger Manifest:
- For Master/Boat Captain (35 GT & below): Fines from P10,000; suspension and possible revocation of authorization documents.
- For Master/Boat Captain (above 35 GT): Fines from P25,000; suspension and possible revocation.
- For Shipowner/Operator: Penalty of 200% of passage rate for excess passengers; suspension and revocation of ship's certificates.
Failure to Reflect All Passengers or Deviations in Manifesting:
- Master/Boat Captain fines from P2,000; possible suspension and revocation of documents.
- Shipowner/Operator fines from P5,000; suspension and revocation of ship certificates until penalty paid.
Repealing Clause
- All inconsistent memorandum circulars, rules, regulations or issuances are amended or repealed accordingly.
Effectivity
- The Memorandum Circular takes effect 15 days after publication in a newspaper of general circulation.
These rules establish a clear legal framework to ensure the safety and proper documentation of passengers on board Philippine-registered passenger ships, including detailed provisions on manifesting, passenger capacity, life-saving equipment, and penalties for violations.