Scope of Application
- Applies to all Philippine-registered ships and other ships engaged in domestic operations.
Key Definitions
- Administration: The Maritime Industry Authority (MARINA).
- Cease and Desist Order (CDO): Prohibition against continuing operations due to serious violations posing imminent danger.
- Compliance Monitoring: Inspection by deputized enforcers to verify validity and completeness of ship and crew certificates/documents.
- Deficiency: Inadequate compliance with maritime laws and policies.
- Deputized Agents: Agencies party to the MOA with MARINA.
- Deputized Maritime Enforcers: Authorized employees/members performing compliance monitoring.
- Detention: Prevention of ship departure due to dangerous violations.
- Maritime Violation Receipt (MVR): Official form issued for violations or deficiencies found.
- Ship: Any craft capable of water transport within domestic trade.
- Violation: Possession of expired/invalid certificates or non-compliance with CPC/SP/EP.
General Provisions
- Deputized maritime enforcers ensure ships comply with maritime laws and MARINA regulations.
- Only qualified, trained designated employees may act as deputized maritime enforcers.
- Enforcers must wear prescribed uniform and ID during inspections.
- Compliance monitoring confined to areas listed in the MOA.
- Monitoring conducted unannounced during port stays without causing undue delay.
- Inspections focus strictly on validity and completeness of ship and crew documents and compliance with CPC terms.
- Owners/operators or ship masters must assist enforcers.
- Violations are documented through an MVR.
Qualifications and Training of Deputized Enforcers
- PCG/PNP-MG personnel: must be permanent employees/members, with valid membership or ID.
- ULAP/LB personnel: must have at least secondary education and certificates of good moral character and clearances.
- Training covers MARINA background, policies, ship/crew documentation, monitoring procedures, responsibilities.
- Training conducted by MARINA trainers, includes on-the-job components.
- Issuance of Certificate of Attendance and deputation ID follows training.
- Refresher trainings required to update enforcers.
Compliance Monitoring Procedures
- Inspections start two hours before departure for ships; 30 minutes before for motor bancas.
- Use specific Compliance Monitoring Report Forms depending on enforcer agency.
- Enforcers introduce themselves and explain monitoring purpose.
- Verification of certificates and compliance with CPC/SP/EP terms.
- MVR issued for violations with supporting documents.
- Serious violations may lead to recommending ship detention.
- Ship officers sign CMRF and MVR; refusal noted in the report.
Issuance and Management of Maritime Violation Receipt (MVR)
- MVR booklets contain 50 sets in quadruplicate with numbered copies for different recipients (original, duplicate, triplicate, quadruplicate).
- Violators must pay fines within 15 days and rectify deficiencies.
- MVR copies are transmitted to MARINA for action within 5 days.
- Follow-up inspections after rectification period.
- Repeated non-compliance leads to additional MVRs and increased penalties.
- Non-payment or unresolved issues for three infractions result in watch listing and suspension of document issuance/renewal.
Control and Accountability of MVR
- MARINA maintains MVR Booklets Log Book tracking distribution and usage.
- Deputized agents keep records and develop assignment procedures.
- MVR booklets inspected upon receipt for completeness.
- Supervisors oversee issuance, accountability, and reconciliation of MVR.
- Loss or spoilage of MVR must be reported; spoiled MVR are voided and returned.
- MARINA monitors issuance and revenue; reports submitted monthly.
- Lost MVR are publicly notified to prevent fraud.
- Surrender of expended booklets required prior to issuing new ones.
Suspension and Revocation of Deputation
- Grounds for suspension include discourtesy, extortion, negligence, misconduct, abuse of authority, incompetence, graft, failure to submit MVR within 5 days.
- Suspension period is six months after due process.
- Revocation grounds include repeated offenses, separation from service, physical disability, or death.
Guidelines for Ship Detention
- Deputized enforcers recommend detention for serious violations.
- Submission of reports and evidence to MARINA triggers legal action.
- MARINA issues Cease and Desist Order to stop ship operation.
- PPA and PCG notified to prevent ship departure.
- Detention lifted only after rectification and payment of penalties.
- MARINA issues official order to lift detention and clear ship for departure.
Deputization of Enforcement to Philippine Coast Guard (PCG)
- PCG retains functions including pre-departure inspections, receiving Master's Oath of Safe Departure, issuing Special Permits for dangerous cargo, and receiving Marine Protests.
Repealing and Separability Clauses
- Existing inconsistent MARINA issuances are repealed or modified.
- Invalidity of any provision does not affect the remainder of the Circular.
Effectivity
- Circular takes effect 15 days after publication in a newspaper of general circulation.