Legal basis and cited issuances
- MARINA adopts these rules pursuant to Presidential Decree No. 474, Executive Order Nos. 125/125-A, the Public Service Act as amended, Executive Order No. 185, and Executive Order No. 213.
- MARINA adopts these rules in consonance with Republic Act No. 7277 and Batas Pambansa Blg. 344.
- MARINA adopts these rules in consonance with Flag State Administration Advisory No. 49.
- The Circular requires harmonization of the Certificate of Compliance (COC) with the validity of COCs issued under Memorandum Circular Nos. 65/65-A and 150.
- The Circular requires compliance with the Passenger Service Rating System under Memorandum Circular No. 125 and its amendments.
- The Circular links the deregulated rate procedures to Memorandum Circular No. 153.
Policy and purpose
- MARINA sets the rules to prescribe the requirements for the introduction of a new/alternative type of accommodation.
- MARINA provides ship operators/owners additional opportunities for competition under a deregulated/liberalized regime.
Coverage and key definitions
- These Rules cover all passenger-carrying Philippine-registered ships engaged in domestic trade that are duly accredited by the Department of Tourism (DOT) with travel time of more than four (4) hours.
- These Rules do not apply to High Speed Crafts (HSC).
- A passenger-carrying ship duly accredited by DOT with travel time of more than four (4) hours may adopt reclining seat accommodation.
- Administration means the Maritime Industry Authority.
- Certificate of Compliance (COC) means the document issued attesting the ship’s adherence to the Rules under the Circular.
- Primary Passageway means the space between clusters of seats wide enough for two (2) persons to pass side by side at the same time.
- Secondary Passageway means the space similar to a primary passageway but need only permit convenient passage of one (1) person.
- Reclining Seat means a seat whose back rest can be lowered or reclined to at least 35 degrees.
General requirements for adoption
- A DOT-accredited passenger-carrying ship with travel time of more than four (4) hours may adopt reclining seat accommodation.
- Air-conditioned reclining seat accommodation may be introduced from existing second class accommodation and/or other spaces not presently utilized for passenger accommodation, provided it qualifies with the prescribed standards under Rule VI.
- Prior submission and approval are required for a Revised Passenger Accommodation Plan and other plans referenced in Rule IX.2.c.
- Compliance with the minimum service standards under Rule VI is required before adoption.
- The COC issued under the Circular must be harmonized with the validity of COCs issued under Memorandum Circular Nos. 65/65-A and 150.
- The applicant must comply with the Passenger Service Rating System under Memorandum Circular No. 125 and its amendments within sixty (60) days from issuance of the COC.
Safety requirements for conversion and installation
- Conversion/installation of reclining seat accommodation may not exceed fifty percent (50%) of the total capacity of the air-conditioned second class accommodation.
- The 50% limitation does not apply to the conversion of unused spaces for the new type of accommodation.
- Reclining seat installation must allow comfortable and adequate access to any part of the accommodation space.
- Reclining seats must not obstruct access to or occupy space leading to essential or emergency equipment or required means of escape.
- Reclining seats must be designed to avoid injury and trapping of occupants, particularly in emergency conditions.
- Dangerous projections and hard/pointed edges must be eliminated.
- Reclining seats must not be located near operating equipment or machineries to avoid possible harm or injury to passengers.
- Air-conditioned reclining seat accommodation must have a primary passageway, and if there are more than two (2) clusters of seats, it must also have a secondary passageway to allow convenient access in normal situations and egress during emergencies.
- Passageways must be designed and arranged to protect occupants from unfavorable environmental conditions and prevent or minimize risk of injury in normal and emergency conditions.
- Exit doors, aisles, and passageways must remain clear from obstruction during the entire duration of travel.
- Air-conditioned reclining seat accommodation must have a sufficient number of exits with markings/signs made of luminous/reflectorized material to facilitate accessible, quick, and unimpeded escape of passengers wearing approved-type lifejackets during emergency conditions.
- Baggage/store and cargo compartments must be designed to prevent shifting of baggage.
- A system for storage and retrieval of passenger baggage must be in place to avoid confusion of ownership.
- Partial bulkheads or decks used to subdivide a space for utility or artistic treatment must be made of non-combustible material.
- Base materials used on exposed interior surfaces must not produce excessive quantities of smoke and toxic products.
Minimum service standards and accessibility
- The reclining seat accommodation in air-conditioned second class must meet the following minimum service standards.
Ventilation and type
- The accommodation must be air-conditioned.
- Seats must be properly constructed, permanently fixed, upholstered reclining seats.
Deck and seat design
- Deck sheathing must use non-skid materials.
- Each cluster must not exceed three (3) seats.
- Reclining seat dimensions and fixtures must meet:
- Seat width: 0.460 m
- Seat depth: 0.450 m
- Seat height: 0.450 m
- Back rest height: 0.74 m
- Arm rest: Must be provided
- Foot rest: Must be provided
- Reclining seat inclination from the vertical must be 35 degrees.
Passageways and spacing
- Distance between rows must be 0.50 m, measured from the front edge of the seat to the back rest of the seat in the next row in vertical position.
- Primary passageway distance must be 0.92 m.
- Secondary passageway distance between column of seats must be 0.45 m.
- Seats must be numbered.
Capacity and sanitation
- The number of passengers must be determined by the number of permanently fixed reclining seats.
- Toilet and bath requirements must be met:
- One (1) separate toilet and bath for men and women per 80 passengers
- Location: preferably at the same deck level of the accommodation served
- Amenities must include:
- Running water: Must be provided
- Wash basin: Must be provided
- Toiletries (Soap, toilet paper): Must be provided
- Hand grab: Must be provided
- Covered trash can: Must be provided
Supplies and onboard equipment
- Furniture/fixtures must include:
- Covered waste basket: Must be provided
- PA system: Must be provided
- Baggage or store and cargo compartment or both: Must be provided
- Curtain for portholes/windows: Must be provided.
Onboard accessibility
- Accessibility posters on designated seats and onboard locations for physically, visually, hearing, and mentally impaired passengers must be permanently posted.
- At least one (1) uniformed crew member with appropriate identification must act as Coordinator onboard the ship.
Deregulated rates adoption and upward adjustment
- The ship must first be issued a COC by the Administration before the shipowner/operator applies for adoption of deregulated passenger rates for air-conditioned reclining seats.
- The shipowner/operator must submit a Formal Notice To Adopt Deregulated Rates with the Use of Reclining Seats in the prescribed form (Annex A), indicating:
- Covered ship/s
- Authorized routes
- Proposed deregulated rate per link
- Valid/updated COC
- DOT Accreditation
- CPC/PA/SP
- Proof of payment of filing fee
- Deregulated rates for air-conditioned reclining seats must be deregulated but must be lower than the existing lowest Second Class Air Conditioned Accommodation being implemented/charged by the subject ship/s.
- Before adoption, the shipowner/operator must complete the publication requirements:
- Publish in one (1) daily newspaper of national circulation and one (1) daily newspaper of regional circulation in ports affected
- For regional operations, publish once in a newspaper of regional circulation in areas/ports affected
- Notice/publication size must be at least 4 inches by 51/2 inches
- Submit to MARINA within ten (10) days from publication: affidavit of publication, newspaper clipping, and a copy of the whole newspaper issue where the notice was published
- Ensure posting of the notice in conspicuous places at affected ports, ships, company premises, passenger terminals, and ticketing offices with notice size approximately 3 feet by 2 feet
- Shipowners/operators not qualified to adopt deregulated passenger rates must be informed of deficiencies and/or lacking requirements within a reasonable period.
- If qualified, MARINA must issue an Order authorizing adoption of deregulated rates for reclining seat accommodation, thereby amending the ship’s valid/existing CPC/PA/SP.
- The new reclining seat rates take effect fifteen (15) days after the date of publication or the last day of publication in case of multiple-port publication.
Deregulated rate adjustments and downward adjustments
- Shipowners/operators intending to adopt approval or adjust deregulated rates must file with MARINA a written notice in the prescribed form (Annex B) pursuant to the requirements of Section VIII.2 of Memorandum Circular No. 153.
- The applicable provisions of Memorandum Circular No. 153, including quarterly submission of actual rates, apply.
- Domestic shipowners/operators intending to adopt a downward adjustment must file a written notice with MARINA prior to adoption.
- A downward adjustment takes effect immediately upon filing, provided it does not result in ruinous or cutthroat competition, as determined by MARINA.
COC application, inspection, and issuance procedure
- Owners/operators offering air-conditioned reclining seats may file applications for inspection and issuance of the COC in either MARINA Central Office or a Maritime Regional Office (MRO).
- Documentary requirements for COC inspection and issuance include:
- Letter of intent
- MARINA approved Revised Ship Passenger Accommodation Plan
- Other plans required by the Administration, including:
- Existing Approved Ship Passenger Accommodation Plan
- Electrical Plan for repairs, alterations, modifications, and outfitting of electrical installations
- Fire Control Plan for repairs, alterations, modifications, and outfitting of fire control installations
- Updated Passenger Insurance Policy reflecting additional capacity
- Certificate of Inspection reflecting changes in ship capacity
- Valid COC under Memorandum Circular Nos. 65/65-A
- Only applications with complete requirements are accepted.
- The COC is issued by the Enforcement Office (EO) or the concerned office after a favorable inspection result under the Rules.
COC validity, renewal, monitoring
- A COC issued under the Circular is valid for one (1) year.
- Conversions/alterations require prior approval of MARINA.
- Renewal applications must be filed at least two (2) weeks before the expiry date.
- Compliance monitoring is conducted by the Enforcement Office (EO) / concerned MRO every six (6) months by endorsement at the back of the certificate.
Fees and charges
- Filing fee for adoption of deregulated passenger rates for reclining seat accommodation: PhP 3,600.00/ship.
- Filing fee for upward adjustment of deregulated rate pursuant to MC 153: PhP 3,000.00/ship.
- Issuance or re-issuance of COC: PhP 200.00.
- Inspection fees depend on gross tonnage (GRT) and inspection location:
Inspection within Metro Manila or Regional Offices’ area of jurisdiction
- 35 to 100 GRT: 2,000.00
- Above 100 to 250 GRT: 3,000.00
- Above 250 to 350 GRT: 4,000.00
- Above 350 to 500 GRT: 5,000.00
- Above 500 to 1,000 GRT: 7,000.00
- Above 1,000 GRT to 5,000 GRT: 8,000.00
- Above 5,000 GRT: 10,000.00
Inspection outside Metro Manila or Regional Offices’ area of jurisdiction
- 35 to 100 GRT: 4,000.00
- Above 100 to 250 GRT: 5,000.00
- Above 250 to 350 GRT: 6,000.00
- Above 350 to 500 GRT: 7,000.00
- Above 500 to 1,000 GRT: 8,000.00
- Above 1,000 GRT to 5,000 GRT: 10,000.00
- Above 5,000 GRT: 13,000.00
Sanctions, penalties, and enforcement consequences
- Charging a rate equal to or higher than the existing lowest second class air-conditioned accommodation rate triggers sanctions:
- First infraction: P5,000.00 plus warning
- Second infraction: P10,000.00 plus suspension of CPC/PA of not less than one (1) week
- Third infraction: P25,000.00 plus revocation of CPC/PA
- Operating without a COC for reclining seat accommodation triggers sanctions:
- First infraction: P5,000.00 plus warning
- Second infraction: P10,000.00 plus suspension of CPC/PA/SP
- Third infraction: P25,000.00 plus cancellation/re-vocation of CPC/PA/SP
- Operating with an expired/late renewal of COC triggers a surcharge of P300.00 per day from date of expiry, with a maximum of P25,000.00.
- Non-compliance with any provision of the Circular triggers sanctions:
- First infraction: P25,000.00 plus warning
- Second infraction: P50,000.00 plus suspension of CPC/PA/SP
- Third infraction: P100,000.00 plus cancellation of CPC/PA/SP
Repeal and transitory effectivity
- Any provision of MC Nos. 65/65-A, 183, 120, and any law, circular, rule, or regulation or parts thereof inconsistent with the Circular are repealed/amended accordingly.
- The Circular takes effect fifteen (15) days after publication once in a newspaper of general circulation and is provisionally valid for one (1) year.