MARINA FLAG STATE ADMINISTRATION ADVISORY NO. 28, October 21, 2002
SPECIAL AUTHORITY TO OPERATE PASSENGER AND/OR CARGO LINER SHIPS DURING HOLIDAY SEASON
Pursuant to the Public Service Act
(Commonwealth Act No. 146, as amended), Presidential Decree No. 474,
Executive Order 125/125-A, Memorandum Circulars Nos. 121 and 161, and to
ensure safe, convenient, and uninterrupted public service during the
Holiday Season, the following guidelines are hereby promulgated:
I. COVERAGE
This Flag State Administration
Advisory shall cover all Philippine-registered domestic liner ships
carrying passengers and/or cargoes.
II. DEFINITION
Holiday Season —
refers to the following Regular Holidays and such nationwide Special
Days as may be declared pursuant to Book 1, Chapter 7 of the Revised
Administrative Code of 1987 unless modified by law, order or
proclamation, to wit:
A. Regular Holidays
|
1. New year’s Day |
— |
January 01 |
|
2. Maundy Thursday |
— |
Movable dates (within the months of March or April) |
|
3. Good Friday |
— |
Movable dates (within the months of March or April) |
|
4. Labor Day |
— |
May 1 |
|
5. Independence Day |
— |
June 12 |
|
6. National Heroes Day |
— |
Last Sunday of August |
|
7. Bonifacio Day |
— |
November 30 |
|
8. Christmas Day |
— |
December 25 |
|
9. Rizal Day |
— |
December 30 |
B. Nationwide Special Days
|
1. All Saints Day |
— |
November 1 |
|
2. Last Day of the Year |
— |
December 31 |
III. INSTANCES COVERED
Special authority to operate during
Holiday Season covered by this Advisory includes
changes/adjustments/amendments of schedule or route/automatic
substitution, under any of the following circumstances:
a. fortuitous event;
b. emergency/calamity situations;
c. drydocking/repair/engine breakdown/trouble;
d. increase in frequency of trips in authorized route/s due to influx of passengers;
e. for cargo-carrying ships only; side trips/special trips to carry shut-out cargoes, empty containers or overbooked cargoes;
f. departure of ships as soon as they are filled to their authorized capacity regardless of the scheduled departure; and,
g. other analogous circumstances as may be determined by MARINA.
IV. CONDITIONS/LIMITATIONS OF OPERATION
The implementation of the above
changes/adjustments/amendments in ship/s schedule or routes shall be
allowed subject to the following conditions:
1. Such change/amendment/adjustment shall be subject to confirmation by the MARINA and maybe modified/cancelled or revoked at anytime for valid cause;
2. That
all the ship documents as required under Memorandum Circular Nos. 121
and 161 are and shall remain valid when such change/amendment/adjustment
is effected;3. That all passenger-carrying ships shall carry valid indorsement/rider from the insurance company regarding such change/amendment/adjustment;
4. That
there shall be no conflict with the schedule of trips of the other
authorized operators in the affected route/s and that no authorized
route/s shall be left unserviced;5. That an accompanying Marine Protest shall be submitted to the MARINA in case such change/amendment/adjustment is caused by a marine incident/accident; and,
6. That the concerned shipowner/ship
operator shall submit, within the next twenty-four (24) hours of the
next working day, together with the required documents mentioned in item
III above, an application for confirmation of a special authority to
operate a passenger and/or a cargo ship undertaken during the Holiday
Season and shall pay expedite filing fees in the amount, as follows:a. Steel-hulled ship P3,000.00/ship
b. Wooden-hulled vessels
i. 35 GT and above — P1,600.00/ship
ii. below 35 GT — P800.00/ship
For strict compliance.
Adopted: 21 Oct. 2002
(SGD.) ATTY. OSCAR M. SEVILLA
Administrator