Rules on Exemption from CPC Securing

Applies to ships used exclusively for company use.
Applies to ships not engaged in public service within Philippine ports or areas.
Applies to operations not covered by RA No. 9295 and its IRR and amendments.

Certificate of Public Convenience: License issued by MARINA for domestic shipping operations.
Certificate of Exemption: Document issued by MARINA exempting a shipowner/operator from securing a CPC.
Insurance Company: Entity authorized and licensed under Philippine law to conduct marine insurance.
MARINA: Maritime Industry Authority.
Principal Place of Business or Office: Official business address as indicated in corporate or business registration documents.
Ship or Vessel: Any floating craft or contrivance designed for transporting passengers or cargo in domestic trade using own or external motive power.

Applicants (individuals or entities) with ships covered by this Circular must file an application for exemption with MARINA or relevant Maritime Regional Office.
Applicant must demonstrate compliance with jurisdictional and documentary requirements for exemption consideration.

Application must include ship name(s), nature of business/operation, and grounds for exemption.
Amendments to the Certificate of Exemption are required for:
- Permanent addition or deletion of ships in the fleet.
- Change of ship’s name.
- Change in the name of the entity.

Applicant must provide:
- Affidavit of publication in a national newspaper with clipping.
- Complete copy of the newspaper containing the Notice of Hearing.

Completed MARINA application form.
Ship documents: Certificate of Ownership, Philippine Registry, applicable licenses.
Authorization documents (notarized powers or resolutions) for representatives.
Relevant charter contracts.
Ship Safety Certificates (varying by ship type, e.g., Passenger Ship Safety Certificate, Cargo Ship Safety Certificate).
Radio/Ship Station License.
Passenger insurance with minimum liability coverage (P200,000 per passenger).
Oil pollution coverage details as required.
Photographs of the ship (port, starboard, astern views).
Proof of payment of processing fees.
Additional documents for amendments (e.g., deletion certificate from registry, updated ship documents).

Applications filed at MARINA Central or Regional Office where principal business is located.
Jurisdiction attaches upon application filing and fee payment.
Acceptance only if documentary requirements are complete and valid.
Deficiencies noticed trigger issuance of an Order to rectify within 10 days.
Notice of Hearing (NOH) issued and published with a 5-day advance publication period.
Hearing conducted by authorized officers with appearance of applicant or representative.
Applicant must submit proof of notice publication and documentary requirements at hearing.
Formal Offer of Evidence (FOE) required during or within 5 days after hearing.
MARINA conducts post-evaluation; if satisfactory, issues acceptance Order and submits case for decision.
Failure to comply with requirements after notice may result in dismissal.
Decision and Certificate of Exemption issued within 15 days post-FOE acceptance.
Denial issued if requirements unmet.
No processing if applicant has unsettled MARINA accounts.
Signature authority for decisions lies with Administrator, Deputy Administrators, or Regional Director for regional cases.

Shipowners/operators must file exemption applications within 6 months from Circular effectivity.
Previously exempted ships must notify MARINA within 6 months for issuance of new exemption certificates.

Repeals Section 14 (b) of the Public Service Act as amended and Flag State Administration Advisory No. 64.
Amends or repeals inconsistent MARINA issuances accordingly.

Invalidity of any provision does not affect remaining provisions, which remain effective.

Circular takes effect 15 days after publication in a newspaper of general circulation in the Philippines.