MIA MEMORANDUM CIRCULAR NO. 149, June 03, 1999

AMENDMENT OF M.C. 40/40-A RE: INCREASED COMPULSORY PASSENGER INSURANCE COVERAGE TO P100, 000.00 PER PASSENGER

National Administrative Register June 3, 1999
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Please be informed that in its meeting on 03 June 1999, the Board approved the amendment of Memorandum Circular No. 40/40-A by increasing the minimum amount of compulsory passenger insurance coverage from P50, 000.00 to P100, 000.00 per passenger subject further to the following amendments:

I. General Rule:

No Certificate of Public Convenience (CPC)/Provisional Authority (PA )/Special Permit (SP) shall be issued nor renewed unless and until a satisfactory passenger insurance coverage is submitted to the Maritime Industry Authority (MARINA).

II. Exception:

No exception is allowed except the option of Group Passenger Insurance for motorized boats/banca as per Memorandum Circular No. 40-B.

III. Minimum Amount of Cover/Aggregate Limit of Liability/Insurance Coverage:

>
Minimum Amount of Cover is P100,000.00 per passenger to cover every person as per total passenger capacity indicated in the Certificate of Inspection.
 
>
Aggregate Limit of Liability is the total amount to cover the capacity of the carrying vessel as per its Certificate of Inspection placed at P100,000.00 per passenger.
 
>
All passengers carried by a passenger carrying vessel manifested, unmanifested, ticketed, unticketed including minors (regardless of age), shall be covered by a passenger insurance.

IV. Schedule of Indemnities:

The following are the updated Schedule of Indemnities applicable to water transport aside from loss of life which is automatically compensable with 100% of the principal sum of the required compulsory passenger insurance.

SCHEDULE OF DISABILITY OR IMPEDIMENT FOR INJURIES SUFFERED AND DISEASES OR ILLNESS CONTRACTED

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No.

HEAD

Grade

 

Traumatic Head Injuries to

 

 

 

 

1

Apperture unfilled with borne not over three(3) inches
without brain injury

9

 

 

 

2.

Apperture unfilled with borne over three (3) inches
without brain injury

3

 

 

 

3.

Severe
paralysis of both upper or lower extremities or one upper and one lower
extremity

1

 

 

 

4.

Moderate
paralysis of two (2) extremities producing moderate difficulty with self care
activities

6

 

 

 

5.

Slight
paralysis affecting one extremity producing slight difficulty with self-care
activities

10

 

 

 

6.

Severe
mental disorder or Severe Complex Cerebral function disturbance or
post-traumatic psychoneurosis which require regular aid and attendance as to
render passenger/crew permanently unable to perform any work

1

 

 

 

7.

Moderate
mental disorder or moderate brain functional disturbance which limits
passenger/crew to the activities of daily living with some directed care or
attendance

6

 

 

 

8.

Slight
mental disorder or disturbance that requires little attendance or raid and
which interferes to a slight degree with the capacity of the claimant

10

 

 

 

9.

Incurable
imbecility

1

 

 

 

No.

FACE

Grade

 

 

 

 

Severe
disfigurement of the face or head as to make the passenger so repulsive as to
greatly handicap him in securing or retaining employment, thereby being no
permanent functional disorder

2

 

 

 

 

Moderate
facial disfigurement involving partial ablation of the nose with big scars on
face or head

5

 

 

 

 

Partial
ablation of the nose or partial avulsion of the scalp

9

 

 

 

 

Complete
loss of the power of mastication and speech function

1

 

 

 

 

Moderate
constriction of the jaw resulting in moderate degree of difficulty in chewing
and moderate loss of the power or the expression of speech

6

 

 

 

 

Slight
disorder of mastication and speech function due to traumatic injuries to jaw
or cheek bones

12

 

 

 

No.

EYES

Grade

 

 

 

1.

Blindness
or total and permanent loss of vision of both eyes

1

 

 

 

2.

Total
blindness of one (1) eye and fifty percent (50%) loss of vision of the other
eye

5

 

 

 

3.

Loss
of one eye or total blindness of one eye

7

 

 

 

4.

Fifty
percent (50%) loss of vision of one eye

10

 

 

 

5.

Lagopthalmos, one eye

12

 

 

 

6.

Ectropion, one eye

12

 

 

 

7.

Ephiphora, one eye

12

 

 

 

8.

Prosis, one eye

12

 

 

 

 

NOTE:
(Smeller’s Chart – used to grade distant vision)

 

 

 

 

No.

NOSE AND MOUTH

Grade

 

 

 

1

Considerable
stricture of the nose (both sides) hindering breathing

11

 

 

 

2.

Loss
of the sense of hearing in one ear

11

 

 

 

3.

Injuries
to the tongue (partial amputation or adhesion) or palate-causing defective
speech

10

 

 

 

4.

Loss
of three (3) teeth restored by prosthesis

14

 

 

 

No.

EARS

Grade

 

 

 

1.

For
the complete loss of the sense of hearing on both ears

3

 

 

 

2.

Loss
of two (2) external ears

8

 

 

 

3.

Complete
loss of the sense of hearing in one ear

11

 

 

 

4.

Loss
of one external ear

12

 

 

 

5.

Loss
of one-half (½) of an external ear

14

 

 

 

No.

NECK

Grade

 

 

 

1.

Such
injury to the throat as necessitates the wearing of a tracheal tube

6

 

 

 

2.

Loss
of speech due to injury to the vocal cord

9

 

 

 

3.

Total
stiffness of neck due to fracture or dislocation of the cervical pines

8

 

 

 

4.

Moderate
stiffness or two-thirds (2/3) loss of motion of the neck

10

 

 

 

5.

Slight
stiffness of neck or one-third (1/3) loss of motion

12

 

 

 

No.

CHEST-TRUNK-SPINE

Grade

 

 

 

1.

Fracture
of four (4) or more ribs resulting to severe limitation of chest expansion

6

 

 

 

2.

Fracture
of four (4) or more ribs with intercostal neuralgia
resulting in moderate limitation of chest expansion

9

 

 

 

3.

Slight
limitation of chest expansion due to simple rib functional without myositis or intercostal
neuralgia

12

 

 

 

4.

Fracture
of the dorsal or lumbar spines resulting to severe or total rigidity of the
trunk or total loss of lifting power of heavy objects

6

 

 

 

5.

Moderate
rigidity or two-thirds (2/3) loss of motion or lifting power of the trunk

8

 

 

 

6.

Slight
rigidity or one-third (1/3) loss of motion or lifting power of the trunk

11

 

 

 

7.

Injury
to the spinal cord as to make walking impossible without the aid of a pair of
crutches

4

 

 

 

8.

Injury
to the spinal cord as to make walking impossible even with the aid of a pair
of crutches

1

 

 

 

9.

Injury
to the spinal cord resulting to incontinence of urine and feces

1

 

 

 

No.

ABDOMEN

Grade

 

 

 

1.

Loss
of the spleen

8

 

 

 

2.

Loss
of the kidney

7

 

 

 

3.

Severe
residuals of impairment of intra-abdominal organs which requires regular aid
and attendance that will unable worker to seek any gainful employment

1

 

 

 

4.

Moderate
residuals of disorder of the intra-abdominal organs secondary to trauma
resulting to impairment of nutrition, moderate tenderness, nausea, vomiting,
constipation or diarrhea

7

 

 

 

5.

Slight
residuals or disorder of the intra-abdominal organs resulting in impairment
of nutrition, slight tenderness and/or constipation or diarrhea

12

 

 

 

6.

Inguinal
hernia secondary to trauma or strain

12

 

 

 

No.

PELVIS

Grade

 

 

 

1.

Fracture
of the pelvic rings as to totally incapacitate passenger/crew to work

1

 

 

 

2.

Fracture
of the pelvic ring resulting to deformity and lameness

6

 

 

 

No.

URINARY AND GENERATIVE ORGANS

Grade

 

 

 

1.

Total
loss of penis

7

 

 

 

2.

Total
loss of both testicles

7

 

 

 

3.

Total
loss of one testicle

11

 

 

 

4.

Scars
on the penis or destruction of the parts of the cavernous body or urethra
Interfering with erection or markedly affecting coitus

9

 

 

 

5.

Loss
of one breast

11

 

 

 

6.

Prolapse of the uterus

6

 

 

 

7.

Great
difficulty in urinating

13

 

 

 

8.

Incontinence
of urine

10

 

 

 

No.

THUMBS AND FINGERS

Grade

 

 

 

1.

Total
loss of one thumb including metacarpal bone

9

 

 

 

2.

Total
loss of one thumb

10

 

 

 

3.

Total
loss of one index finger including metacarpal bone

10

 

 

 

4.

Total
loss of one index finger

11

 

 

 

5.

Total
loss of one middle finger including metacarpal bone

11

 

 

 

6.

Total
loss of one middle finger

12

 

 

 

7.

Total
loss of one ring finger including metacarpal bone

12

 

 

 

8.

Total
loss of one ring finger

13

 

 

 

9.

Total
loss of one small finger including metacarpal bone

13

 

 

 

10.

Total
loss of one small finger

14

 

 

 

11.

Loss
of two (2) or more fingers: Compensation for the loss or loss of use of two
(2) or more fingers or one (1) or more phalangers
of two or more digits of a hand must be proportioned to the loss of the hand
occasioned thereby but shall not exceed the compensation for the loss of a
hand

 

 

 

 

 

a.        
Loss of five (5) fingers of one hand

6

 

 

 

 

b.        
Loss of thumb, index fingers and any of 2 or more fingers of the same hand

6

 

 

 

 

c.        
Loss of the thumb index fingers and any of 2 or more fingers of the same hand

7

 

 

 

 

 

 

 

d.        
Loss of thumb and index finger

8

 

 

 

 

e.        
Loss of three (3) fingers of one hand not including thumb and index finger

9

 

 

 

 

f.         
Loss of the index finger and any one of the fingers of the same hand
excluding thumb

9

 

 

 

 

g.
Loss of two (2) digits of one hand not including thumb and index finger

10

 

 

 

12.

Loss
of ten (10) fingers of both hand

3

 

 

 

No.

HANDS

Grade

 

 

 

1.

Total
loss of use of both hands or amputation of both hands at wrist joints of
above

1

 

 

 

2.

Amputation
of a hand at carpo-metacarpal joints

5

 

 

 

3.

Amputation
between wrist and elbow joint

5

 

 

 

4.

Loss
of grasping power for small objects between the fold of the finger of one
hand

10

 

 

 

5.

Loss
of grasping power for large objects between fingers and palm of one hand

10

 

 

 

6.

Loss
of opposition between the thumb and tips of the fingers of one hand

9

 

 

 

7.

Ankylosed wrist in normal

10

 

 

 

8.

Ankylosed wrist in position one third (1/3) flexed or
half extended and or severe limited action of a wrist

11

 

 

 

No.

SHOULDER AND ARM

Grade

 

 

 

1.

Inability
to turn forearm (forearm in normal position-supination)

11

 

 

 

2.

Inability
to turn forearm (forearm in abnormal position-pronation)

10

 

 

 

3.

Disturbance
of the normal carrying angle or weakness of an arm or a forearm due to
deformity of moderate atrophy of muscles

11

 

 

 

4.

Stiff
elbow at full flexion of extension (one side)

7

 

 

 

5.

Stiff
elbow at right angle flexion

8

 

 

 

6.

Flail
elbow joint

9

 

 

 

7.

Pseudoarthrosis of the humerus
with musculospiral or radial paralysis

6

 

 

 

8.

Ankylosis of one shoulder the shoulder blade remaining
rigid

9

 

 

 

9.

Ankylosis of one shoulder the shoulder blade remaining
rigid

8

 

 

 

10.

Unreduced
dislocation of one (1) shoulder

8

 

 

 

11.

Ruptured
biceps or pseudoarthrosis of the humerus, close (one side)

11

 

 

 

12.

Inability
to raise arm more than halfway from horizontal to perpendicular

11

 

 

 

13.

Ankylosis of the shoulder joint not permitting arm to be
raised above a level with a shoulder and/or irreducible fracture or faulty
union collar bone

10

 

 

 

14.

Total
paralysis of both upper extremities

1

 

 

 

15.

Total
paralysis of one upper extremity

3

 

 

 

16.

Amputation
of one (1) upper extremity at or above the elbow

4

 

 

 

17.

Sear
the size of the palm in one extremity

14

 

 

 

No.

LOWER EXTREMITIES

Grade

 

 

 

1.

Loss
of a big toe

12

 

 

 

2.

Loss
of a toe other than the big one

14

 

 

 

3.

Loss
of ten (10) digits of both feet

5

 

 

 

4.

Loss
of a great toe of one foot – one toe

10

 

 

 

5.

Loss
of two (2) toes not including great toe or toe next to it

12

 

 

 

 

 

 

6.

Loss
of three (3) toes excluding great toe of a foot

10

 

 

 

7.

Loss
of four (4) excluding great toe of a foot

9

 

 

 

8.

Loss
of great toe and two (2) other toes of the same foot

9

 

 

 

9.

Loss
of five digits of a foot

8

 

 

 

10.

Loss
of both feet at ankle joint or above

1

 

 

 

11.

Loss
of one foot at ankle joint or above

6

 

 

 

12.

Depression
of the arch of a foot resulting in weak foot

12

 

 

 

13.

Loss
of one-half (½) metatarsus or forepart of foot

8

 

 

 

14.

Loss
of whole metatarsus or forepart of foot

7

 

 

 

15.

Tearing
of achilles tendon resulting in the impairment of
active flexion and extension of a foot

12

 

 

 

16.

Malleolar fracture with displacement of the foot inward
or upward

10

 

 

 

17.

Complete
immobility of an ankle joint in abnormal position

10

 

 

 

18.

Complete
immobility of an ankle joint in normal position

11

 

 

 

19.

Total
of loss of a leg or amputation at or above the knee

3

 

 

 

20.

Stretching
of leg of the ligaments of a knee resulting in instability of joint

10

 

 

 

21.

Ankylosis of a knee in genuvalgus
of varus

10

 

 

 

22.

Pseudoarthrosis of a knee cap

10

 

 

 

23.

Complete
immobility of a knee joint in full extension

10

 

 

 

24.

Complete
immobility of a knee joint in strong flexion

7

 

 

 

25.

Complete
immobility of a hip joint in flexion of the thigh

5

 

 

 

26.

Complete
immobility of a hip joint in full extension of the thigh

9

 

 

 

27.

Slight
atrophy of calf or leg muscles with apparent shortening or joint lesion or
disturbance weight-bearing line

13

 

 

 

28.

Shortening
of a lower extremity from one to three centimeters with either joint lesion
or disturbance of weight-bearing joint

13

 

 

 

29.

Shortening
of 3 to 6
cm. with slight atrophy of calf or thigh muscles

12

 

 

 

30.

Shortening
of 3 to 6
cm. with either joint lesion or disturbance of weight-bearing point

11

 

 

 

31.

Irregular
union fracture with joint stiffness and with shortening of 6 to 9 cm. producing permanent
lameness

9

 

 

 

32.

Irregular
union of fracture in a thigh or leg with shortening of 6 to 9 cms.

10

 

 

 

33.

Failure
of fracture of hips to unite

1

 

 

 

34.

Failure
of fracture of a hip to unite

3

 

 

 

35.

Paralysis
of both lower extremities

1

 

 

 

36.

Paralysis
of one lower extremity

3

 

 

 

37.

Scar
the size of a palm or larger left on an extremity

14

Note: Any item in the schedule classified under Grade 1 shall constitute total and permanent disability

SCHEDULE OF DISABILITY ALLOWANCES
   

Impediment Grade

Maximum Rate

 

 

1

100.00%

2

88.00%

3

78.36%

4

68.66%

5

58.96%

6

50.00%

7

41.80%

8

33.59%

9

26.12%

10

20.15%

11

14.93%

12

10.45%

13

6.72%

14

3.74%

V. Transitory Provisions:

All existing/valid passenger insurance coverage shall be updated to effect the augmentation of the passenger insurance coverage from P50,000.00 to P100,000.00 per passenger within the period specified below.

a. High Speed Crafts and passenger carrying-vessels 500 Gross Tons and above – Immediately upon the effectivity of this circular;

b. Passenger-Carrying Vessels below 500 Gross Tons – Three (3) months from the effectivity of this circular,

c. Vessels and Motorboat/banca below 35 Gross Tons – Starting January l, 2000.

Vessels coming into the system from the effectivity of this Circular, regardless of size and type of operation, shall comply with the submission of the compulsory passenger insurance coverage of P100,000.00 per passenger.

VI. Repealing Clause:

Any provision of the Philippine Merchant Marine Rules and Regulations (PMMRR) 1997 and inconsistent provisions of MARINA Memorandum Circular No. 40 and 40-A are hereby repealed or modified accordingly.

VII. Effectivity:

This Memorandum Circular shall be published once in a newspaper of general circulation and shall take effect fifteen (15) days after publication.

Adopted: 03 June 1999

(SGD.) AGUSTIN R. BENGZON
Administrator