CIRCULAR INTRODUCING AMENDMENTS TO THE INTERIM RULES OF PRACTICE AND PROCEDURE IN THE MARINA IN THE EXERCISE OF ITS QUASI-JUDICIAL FUNCTIONS

To further effectively and expeditiously dispose of applications for
the Issuance of Certificate of Public Convenience/Provisional
Authority/Special Permit filled with this Authority, and in furtherance
of the aim and objectives of Administrative Order No. 109 promulgated on
23 January 1989, “Providing Measures for Speedy Disposition of Cases
Filed Before all Quasi-Judicial and Administrative Agencies of the
Government”, and in pursuance of Executive Order Nos. 125 and 125 A, the
following amendments to the “Interim Rules of Practice and Procedures
in the Maritime Industry Authority” in the exercise of its
quasi-judicial functions are hereby approved by the Maritime Industry
Board in its Board Meeting of August 30, 1989.

A
Period of Publication

SECTION 2. Rule 9 (Notice of Hearing) is hereby amended by reducing
the 15-day-prior-notice to ten (10) days and to read as follows:

“Section 2. Publications and Services — The applicant
shall cause the notice of hearing to be published once in one (1)
newspaper of genera circulation at least ten (10) days before the date
of hearing and to serve copies of the application and notice to the
affected parties, as furnished by the Authority/Hearing Officer.”

B
Affidavit and Counter Affidavit to be Required

The applicant shall submit his affidavit or the affidavit of his
witnesses to serve as the direct testimony of the applicant, a copy
thereof shall be served by the applicant on the affected operators at
least five (5) days prior to the date of hearing and the affected
operator (s) shall file a counter affidavit thereto not later than the
date of hearing, a copy thereof furnished the applicant. Clarificatory
questions may be propounded during the hearing.

C
Continuous Hearing

The applicant shall be given thirty (30) days from the Initial
hearing to rest/terminate its application wherein the jurisdictional
requirement of publication and service of notice have been complied with
in case of contested application, inclusive of the formal offer of
exhibits. The oppositor(s) is likewise given the same period of thirty
(30) days from the termination of the case by the preceding party. In
the case of uncontested application, a shorter period of twenty (20)
days from the initial hearing is imposed/adopted inclusive of the formal
offer of exhibits, within which the applicant shall terminate his case.

D
Motion for Postponement

A motion for postponement of a hearing shall be filed at least three
(3) days prior to the date of hearing sought to be postponed.
containing a notice of the adverse party, provided that a motion for
postponement on a shorter notice may be granted only on extremely
meritorious and/or exigent reasons, where due process or the interest of
the service requires.

E
MARINA Administrator’s Authority to Sign Decisions Approved by the Board

To expeditiously implement decisions previously approved by the
MARINA Board granting Certificates of Public Convenience, the MARINA
Administrator is hereby authorized to sign decisions on applications for
Certificate of Public Convenience approved by the Maritime Industry
Authority Board.

All provisions of Memorandum Circular No. 39, Executive Order No.
1011 and other provisions of the Interim Rules and Procedures of the
Maritime Industry Authority in the Exercise of its Quasi-Judicial
Functions which are not contrary to or inconsistent with this Memorandum
Circular shall remain in full force and effect.

This Memorandum Circular shall take effect immediately upon its publication once in a newspaper of general circulation.

Adopted: 4 Oct. 1989

BY AUTHORITY OF THE BOARD:

(SGD.) PHILIP S. TUAZON
Administrator

Effective: 6 November 1989