RULES REITERATING THE MANDATORY P200,000.00 COMPULSORY PASSENGER INSURANCE COVERAGE TO MANIFESTED PASSENGERS; INDEMNITY OF P200,000.00 PER UNMANIFESTED PASSENGER TO BE SHOULDERE…

Pursuant to Presidential Decree No. 474, Executive Order No. 125, as
amended, and Republic Act (RA) No. 9295 and its Implementing Rules and
Regulations (IRR), the Maritime Industry Authority Board in its meeting
held on 19 June 2009, approved and adopted the following rules:

I. COVERAGE

This Circular shall cover all domestic ship-owner/operator engaged in domestic shipping.

II. DEFINITION OF TERMS

Passenger/s shall mean any person while embarking on, on board, or
disembarking from a ship. It shall also include those who are ticketed,
unticketed, manifested, unmanifested, minor, paying, non-paying, holding
discounted or complimentary tickets and/or accommodated passengers,
including those accompanying cargoes, vehicle or animals, covered by a
contract of carriage.

III. GENERAL PROVISIONS

1. Under no circumstance may a ship leave port which is carrying
more than or in excess of its authorized passenger capacity, as
reflected in its latest and valid Passenger Ship Safety Certificate
(PSSC).

2. MARINA Memorandum Circular No. 180 prescribing rules on the
MARINA requirement on counting and manifesting of passengers is likewise
adopted/reiterated. The Master shall ensure that all passengers, as
defined in this Circular, are duly and properly recorded in the
Passenger Manifest, a sample form of which is attached as Annex “A”^* to
this Circular.

Said passenger manifest, shall be accomplished and submitted to
MARINA or any of its deputized agent/s prior to every departure of the
ship.

3. Only passenger/s with tickets and valid ID (or its equivalent) shall be allowed to board the ship.

4. Section 1.1, Rule IX of the Implementing Rules and Regulations
of Republic Act No. 9295 which imposed the requirement for
shipowners/operators to provide valid and adequate insurance coverage
for each passenger in the amount of Two-Hundred Thousand Pesos
(Php200,000.00) per passenger is hereby reiterated.

5. In case of maritime accidents/incidents resulting to death of
passenger/s and the shipowner/operator failed to provide valid and
adequate insurance as required by Sec. 1.1, Rule IX of the IRR of RA
9295, such passengers shall be deemed self-insured by the
shipowner/operator for the same amount of P200,000.00/passenger and the
same shall be settled or paid within a period of five (5) days.

In case of missing passengers, the amount of Php200,000.00 shall be
paid within one (1) year from the incident, upon presentation of the
following proofs:

5.1 Affidavit from two (2) Interested Persons certifying that the missing person is a passenger in the ship;
5.2 PCG Incident Report;
5.3 Birth Certificate or Marriage Contract of missing person; and,
5.4 Proof Attesting to the Relationship of the Claimant to the missing person.

6. Unmanifested passengers involved in a maritime accident/incident
resulting to the death of the passengers whether recovered or missing
shall be indemnified in the amount of P200,000.00 payable to their legal
heirs per passenger to be shouldered by the shipowners/operators to be
settled or paid within a period of five (5) days from recovery of the
bodies and for missing passengers, within one (1) year from the
incident, upon presentation of above-enumerated proofs;

7. Passengers who survive a maritime accidents/incidents, resulting
to death of other passengers, shall be paid P50,000.00 per passenger as
monetary assistance over and above medical and hospitalization expenses
and other reasonable incidental expenses, including but not limited to
the burial, travelling, clothing, board and lodging expenses covered by
official receipts, to be paid within five (5) days from the incident;

8. Shipowners and operators are required to acquire additional
compulsory survivor insurance coverage in the amount of P50,000.00 to
serve as monetary assistance to survivors of maritime
accidents/incidents over and above medical and hospitalization expenses
or other reasonable incidental expenses, but not limited to, burial,
traveling, transfer, clothing, food, board and lodging expenses covered
by official receipts.

9. No Certificate of Public Convenience (CPC)/Special Permit or
other authority to operate shall be issued or renewed unless a valid and
adequate passenger insurance coverage at P200,000.00/passenger and
P50,000.00/passenger for survivor insurance coverage to cover monetary
assistance to survivor of maritime accident/ incident are submitted to
the MARINA.

IV. SANCTIONS/PENALTIES

After due notice and hearing, the penalties and sanctions imposed
in MARINA Circular (MC) Nos. 2009- 11, and MC 2009-13 S. of 2009,
entitled: “Revised Schedule of Administrative Fines and Penalties for
Maritime Violations and Offenses” and “Additional Penalty for
Passenger-Carrying Ships Involved in a Maritime Accident/Incident for
the Carriage of Passengers in Excess of the Authorized Passenger
Capacity”, respectively, and their subsequent amendments, will be
imposed, as follows:

VIOLATION		SIZE OF SHIP/NUMBER OF VIOLATION		SANCTIONS AND PENALTY
1. Carriage of passenger and/or persons exceeding the authorized total number of passengers or persons otherwise known as overloading		A. SHIPS • Ships 35 GT and below – 1st Violation		P10,000.00/violation + 15 day suspension of Master’s License issued by MARINA
2. Absence of or failure to submit complete passenger manifest for a particular voyage of a ship		2nd Violation		P15,000.00/violation + 30 day suspension of Master’s License issued by MARINA
3. Failure to reflect all passengers in the Passenger Manifest for a particular voyage		3rd Violation		P20,000.00/violation + revocation of Master’s License issued by MARINA
4. Deviation in passenger manifesting on board		• Master/Boat Captain of Ships above 35 GT
		1st Violation		P25,000.00/violation + 15 day suspension of SIRB
		2nd Violation		P35,000.00/violation + suspension of SIRB
		3rd Violation		P50,000.00/violation + revocation of SIRB
		B. SHIPOWNERS/OPERATORS
		1st Violation		P50,000.00 + 30 day suspension of CPC + P100,000.00 per passenger in excess of its maximum authorized capacity
		2nd Violation		P100,000.00 + 60 day suspension of CPC + P100,000.00 per passenger in excess of its authorized capacity
		3rd Violation		P150,000.00 + cancellation of CPC + P100,000.00 per passenger in excess of its authorized capacity
5. Carrying passengers in excess of authorized capacity involved in maritime accident/incident				One (1) year suspension of the entity CPC
6. If found to have violated IV.5 hereof and imposed one (1) year suspension of CPC, and was found to have violated the Order of Suspension of CPC				Perpetual disqualification from operating ships

The sanctions and penalties provided is without
prejudice to the filing of appropriate civil and criminal charges
against the shipowner/operator and their officers and crew.

V. REPEALING CLAUSE

Issuances inconsistent herewith are hereby ordered amended/modified
accordingly. All Memorandum of MARINA Circulars, rules and regulations,
issuances inconsistent herewith are hereby amended or repealed
accordingly.

VI. SEPARABILITY CLAUSE

Should any provision or part of this Circular be declared by
competent authority to be invalid and unconstitutional, the remaining
provision or parts hereof shall remain in full force and effect and
shall continue to be valid and effective.

VII. TRANSITORY PROVISION

All domestic shipowners/operators covered under this Circular shall
be required to submit its compliance thereto until 15 October 2009
without any extension.

VIII. EFFECTIVITY

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

Adopted: 19 June 2009

(SGD.) MARIA ELENA H. BAUTISTA
Administrator

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^[*] Text Available at Office of the National Administrative Register, U. P. Law Complex, Diliman, Quezon City.