CPA GENERAL PORT RULES AND REGULATIONS (GPRR)
Port Authority) approved on 26 June 1992 and in relation to Executive
Order No. 292 (Revised Administrative Code of the Philippines), and
Board Resolution No. 62-2000, dated 26 May 2000, the following port
rules and regulations are hereby prescribed for the guidance and
compliance by all port users and others concerned in all ports and port
facilities or any other premises or places within the territorial
jurisdiction of the Authority, to wit:
ARTICLE I
Title and Definition of TermsSECTION 1. Title — These Regulations shall be known as the “CPA GENERAL PORT RULES AND REGULATIONS (CPA GPRR)”
SECTION 2. Definition of Terms — For purposes of
these Regulations, the terms used herein shall, unless the context
indicates otherwise, mean or be understood to mean, as follows:a. “Ad valorem rate” means rate based upon the value of the goods.
b. “Anchorage” means any place with sufficient depth of water where vessels anchor or may ride at anchor within the harbor.
c. “Approaches” means the water area
within the vicinity of a port entrance or port through which vessels
navigate to seek shelter or to enter a port.d. “Authority” means the Cebu Port Authority created pursuant to R.A. 7621.
e. “Bad Order Container” means
container that is physically damaged which may allow exposure of cargoes
to adverse conditions, natural elements, and pilferage.f. “Baseport” means the port facilities located in Cebu City, which includes the five (5) management offices (MOs) found therein.
g. “Basin” means any naturally or artificially enclosed or nearly enclosed body of water in free communication with the sea.
h. “Berth” means the part of the pier/wharf that is occupied by a vessel, or a place where a vessel may tie up.
i. “Berthing” means the maneuvering of
a vessel from the anchorage or pilot station to a berth, including the
action to make fast the vessel alongside.j. “Bill of Lading” means the written
contract of carriage of goods whereby the common carrier for a
consideration agrees to deliver on behalf of the consignor of goods to
the consignee at a specified time. It likewise operates as a receipt.k. “Bollard” means a strong post of metal or wood attached to the ship’s deck or on a wharf/pier for holding fast a hawser.
l. “Bow” means the extreme forward end of a vessel.
m. “Bulkhead” means any structure serving to divide land and water areas.
n. “Buoy” means floating object serving
as a navigational aid moored to the bottom to mark a channel, anchor,
shoal, rock, wrecks, hazards to navigation, etc.o. “Cargo Arrastre Receipt” (CAR) means
the receipt issued by the cargo handler to the shippers which specifies
the type, measure, weight, and other relevant data pertaining to the
cargo covered thereby.p. “Cargo-handling Service Provider” means any person or entity which is engaged in the activity of rendering cargo handling services.
q. “Channel” means a natural or
artificial waterway of perceptible extent which either periodically or
continuously contains moving water or which forms a connecting link
between two bodies of water; or part of a body of water deep enough to
be used for navigation through the area otherwise too low for
navigation.r. “Chassis” means an equipment used to carry containers from one place to another under the two by prime movers or tractors.
s. “Containerized/Container Cargoes” means cargo packed in containers for easy handling or transporting as a unit.
t. “Container Freight Station” means
normally a warehouse or a transit shed adjacent to the Container Yard
(CY) used for sorting and a storage of container cargo both for import
and export.u. “Container Tally Sheet” means cargo
receipt issued by the ship’s checker or agent and acknowledged by the
arrastre’s checker as evidence of receipt of containers. It indicates
among others, the physical condition of the container.v. “Container Terminal” means a port
facility designed to provide an integrated use of berthing facilities
for containership and harbor transport system for containers and their
contents.w. “Container Yard” means a designated
area in a Container Terminal usually adjacent to the Marshaling Yard
(MY) where containers and chassis are received, stacked and dispatched.x. “Dock” includes locks, cuts, entrances, graving docks, inclined planes, slipways, quays, and other works related thereto.
y. “Dolphin” means a buoy or spar used in mooring a boat.
z. “Draft” means the depth/level of the
vessel below the water line, measured vertically from effect repairs to
hull and keels part of the hull.aa. “Dry-dock” means a dock from which
the water can be temporarily excluded, in order to effect repairs to
hull and keels of ships or vessels.bb. “Dues” includes harbor fees, tonnage
and wharfage dues, berthing charges, and port dues and any other dues or
fees imposed by virtue of existing laws.cc. “Dunnage” means any material used to prop, lash, or lay under to protect and secure cargo from damage or contamination.
dd. “Excreta” means waste matter excreted from the body, as sweat, urine or feces.
ee. “Fender” means part of a pad or
cushion of rope, wood, rubber, etc. hung over a ship’s side to protect
it when docking or when lying alongside another vessel, or placed on a
berthing facility to protect the same from damage when a vessel docks.ff. “Filth” means a foul dirt or disgusting matter.
gg. “Full Container Load” means a container loaded with cargoes belonging to a single consignee and/or covered by only one Bill of Lading.
hh. “General Manager” shall refer to the general manager of the Cebu Port Authority.
ii. “Goods” includes wares and merchandise of every description.
jj. “Harbor” means a protected part of the sea, lake or other body of water used by vessels as a place of safety.
kk. “Hatch” means an opening in ship’s deck through which cargo can be lowered.
ll. “Heavy Lift Cargo” refers to a
very large and heavy single unit cargo, usually large heavy equipment
the minimum of which is 5,000 kilograms (5 tons) and which is usually
discharged or loaded by a heavy lifting derrick, crane or boom. Examples
of these are: locomotives, bulldozers, graders, payloaders, transit
mixers, and the like.mm. “Length Over All” means the length of the vessel between the extreme end of the bow and the extreme end of the stern.
oo. “Less Container Load” means a container loaded with cargoes belonging to more than one consignee or covered by more than one bill of landing.
pp. “Lighter” means any large
flat-bottomed boat or barge used in transporting goods, or in loading or
unloading of vessels not lying alongside piers or wharves.pp. “Marshalling Yard” means a place
where containers are stacked and arranged according to the sequence of
withdrawal to consignee or transferred to CY-CFS or CY inside
Port/Custom Zone. It is also where the containers are arranged prior to
loading to a carrying vessel in accordance with the sequence of loading
on the storage plan.qq. “Moor” means to secure a vessel alongside the berth by means of mooring ropes.
rr. “Municipal Port” is one constructed and maintained by a city or municipality out of its own funds.
ss. “Nuisance per accidens” means a nuisance under certain
circumstances like a factory emitting smoke in a residential district.
This cannot be abated without judicial determination of the
circumstances constituting as nuisance.tt. “Nuisance Per Se” means a nuisance which affects the
immediate safety of persons and property and may be summarily abated
without need of judicial determination. Example of this: Occupation by
private individuals of sidewalks and other public places devoted for
public use.uu. “Outports” means ports or port facilities which are located within a subport.
vv. “Pier” includes any stage, stair, landing stage, jetty, floating barge, and any bridge or other works connected therewith.
ww. “Port” means a place where ships may
anchor or tie up for the purpose of shelter, repair, loading or
discharge of cargo, or for other such activities connected with
water-borne commerce, and including all the land water areas and the
structures, equipment and facilities related to those functions.xx. “Port Facility” shall include
wharves, piers, slips, docks, bulkheads, basins, warehouses, cold
storage, loading and unloading equipment and passenger terminals and
accessories.yy. “Private Ports” refers to ports or port facilities constructed and owned by private individuals or entities.
zz. “Rates” includes tolls, fees, dues and rent imposed by the Authority.
i. ”Refuse” means anything thrown away or rejected as worthless, waste, thrash.
ii. “Rigging” means the entire cordage system of a vessel.
iii. “Rubbish” means also waste, thrash.
iv. “Soot” means black substance consisting chiefly of carbon particles formed by the incomplete combustion of burning matter.
v. “Stern” means the extreme after end of a vessel.
vi. “Stripping” means unloading goods from a container.
vii. “Stuffing” means loading to a container.
viii. “Subport” refers to a management
office located outside of the baseport. This includes the outports that
are within the area of its responsibility.ix. “Transit Shed” means a building or
shed which is situated at or near a quay, wharf or pier, and is used for
the temporary or short-term storage of goods in transit, or to be
shipped or discharged from a vessel.x. “Trimming” means the balancing of a vessel by shifting cargo, etc.
xi. “Vermin” means any troublesome, filthy or destructive animals.
xii. “Vehicle” includes any carriage
traveling on its own wheels or runners and used or intended to be used
for the conveyance or carrying of persons, animals or goods.xiv. “Warehouse” means any building for storage or shed for cargo.
xv. “Wharf” means a continuous structure
built parallel to or along the margin of the sea or alongside river
banks, canals, or waterways where vessels may lie alongside to receive
or discharge cargo, embark or disembark passengers, or lie at rest.xvi. “Winchman” means the one who operates a lifting machinery or device on the deck of a ship to hoist or lower cargo.
SECTION 3. Abbreviations — The following abbreviations used in these Regulations shall represent the terms indicated:
1. Ad/Val. — Ad Valorem
2. B/L — Bill of Lading
3. BO — Bad Order Container/Cargo
4. BOC — Bureau of Customs
5. CFS — Container Freight Station
6. CHSP — Cargo-handling Service Provider
7. Cm — Centimeter
8. CPA — Cebu Port Authority
9. CPC — Cebu Port Commission
10. CTS — Container Tally Sheet
11. CY — Container Yard
12. DOTC — Department of Transportation and Communications
13. ETA — Expected Time of Arrival
14. ETD — Expected Time of Departure
15. FCL — Full Container Load
16. GRT — Gross Registered Tonnage
17. ICCO — Integrated Container Control Office
18. ICM — Inward Cargo Manifest
19. ICR — International Collision Regulations
20. IMCO — Intergovernmental Maritime Consultative Organization
21. LCL — Less Container Yard
22. MY — Marshalling Yard
23. NRT — Net Registered Tonnage
24. OCM — Outward Cargo Manifest
25. PCG — Philippine Coast Guard
26. PPA — Philippine Ports Authority
27. TEU — Twenty Equivalent UnitsARTICLE II
Arrivals and DeparturesSECTION 1. Notice of Arrival — The owner or agent
of every vessel intending to call at port, whether private or public,
which is within the jurisdiction of the Authority shall, within the time
specified in Section 1, Article IV (Berthing Regulations) of these
Regulations, prior to the ETA give notice in writing to the Authority of
its arrival, and make application for a berth if it is intended to
berth at the wharf, pier, or anchorage within the Port or harbor limits.
In addition, the master of the vessel shall contact the CPA by radio or
other means sufficient to convey the message. For domestic vessels, the
shipowner or agent shall show proof that such vessel is possessed of a
valid MARINA authority either in the form of a Certificate of Public
Convenience (CPC), Provisional Authority (PA), or Special Permit (SP) as
a condition precedent to the issuance of berthing permit.SECTION 2. Particulars to be furnished — The notice
of arrival and the Application for a Berth shall be in a form
prescribed by the Authority and shall contain full particulars
regarding:a. Name of vessel and its flag;
b. The GRT;
c. Draft, Length Over All, and beam;
d. Names of the Owner, Master, ship’s agent in the port of call;’
e. ETA and ETD of vessel;
f. Tonnage of cargo to be discharged and loaded;
g. Dangerous cargo (whether to be discharged or not);
h. Number of passengers, disembarking and embarking;
i. Any other pertinent information relating to the working (e.g. heavy lifts) or safety of the vessel in the port.SECTION 3. Hoisting of National Colors — The Master
of every vessel entering or leaving a port between sunrise and sunset
shall cause to be hoisted its national colors and signal letters, if
any. The national colors shall continue to be exhibited while the vessel
remains in port.SECTION 4. Immigration and Quarantine Signals —
a. The Master of every vessel arriving from a foreign port
shall exhibit the Customs, Immigration and Quarantine signals as
prescribed by these government agencies. Such signals shall remain
hoisted until the proper officer has given the permission to lower those
signals.b. No vessel other than an authorized vessel shall approach
within 200 meters to a vessel which is exhibiting the Immigration,
Health, or Customs signals. An authorized vessel shall mean an
Immigration, Health, Customs, Pilot Launch, PCG Vessel, or CPA vessel.c. No person other than a pilot or authorized government
officer(s) or duly authorized agents may board or disembark from any
vessel coming from a foreign port until the vessel is cleared by the
Immigration, Quarantine, Customs and the respective signals have been
lowered.SECTION 5. Securing of Vessel before Discharge/Loading
— Every vessel entering a port shall be anchored or properly secured to
a wharf, pier, or buoy before commencing the loading or discharging of
cargo, and/or the embarkation or disembarkation of passengers.SECTION 6. Port Clearance — No vessel shall leave a
port unless possessed of a valid CPA Port Clearance issued by, or in
behalf of, the Authority, in addition to the clearance(s) of other
government agencies, like PCG clearance as to compliance of Safety of
Life at Sea (SOLAS) requirements. A foreign vessel, or a domestic vessel
which does not regularly call at the Port of Cebu, which has caused
damage to CPA port facilities shall not be granted clearance until after
investigation of the incident has been conducted by CPA or a sufficient
cash or surety bond acceptable to the Authority equivalent to the
estimated amount of the damage is put up by the vessel owner or its
agent. A domestic vessel which regularly calls at the Port of Cebu which
has caused damage to CPA port facilities shall likewise not be granted
clearance unless the incident is already recorded for investigation by
the Authority and the owner or agent of the vessel executes an
undertaking in a form prescribed by the Authority that it shall abide
with the findings of the Authority. Provided further that a vessel which
has unpaid accounts with the Authority may be refused clearance until
such accounts are paid or settled.ARTICLE III
Shipping Operations and MovementsSECTION 1. Compliance with Instructions — The
Master of every vessel shall comply with the instructions or directions
given by the Authority and/or its duly authorized officers relative to
the berthing, mooring, and anchoring of the vessel.SECTION 2. Collision Regulations — Every vessel
navigating or lying at anchor in a port or harbor limits shall exhibit
the respective lights and shapes prescribed in the ICR.SECTION 3. Moderate Speed — Every vessel under way
for berthing or leaving the port shall proceed with due caution and at a
moderate speed. A moderate speed shall mean a speed at which a vessel
could be slowed down and stopped in a short time as possible with due
regard to prevailing conditions and of its safety, as well as the safety
of its passengers and other vessels in the area. High Speed Crafts
(HSC) as defined under MARINA Rules and Regulations shall observe
maximum docking or berth impact speeds to avoid causing nuisance in the
harbor or other confined areas and avoid damage to the port and/or other
vessels; provided finally that vessels or HSCS shall not race each
other in any event, time, and place.SECTION 4. Damage Caused by Wash — Any vessel
causing damage by her wash shall be held responsible for such damage in
the absence of any contributory negligence on the part of the owner or
person in charge of the property or vessel so damaged.SECTION 5. Harbor Crafts —
a. All harbor crafts shall observe such sea lane(s) as
may have been allocated them by the Authority and/or by other government
agency and shall not cross the bows or otherwise impede the movement of
any seagoing vessel underway in any port or harbor limit and shall give
such vessel as wide a berth as possible.b. Nothing in these Regulations shall relieve the Master
of a seagoing vessel from his duty to prevent a collision or accident,
whenever and wherever possible.SECTION 6. Anchorage —
a. Special Quarantine, Explosives, Dangerous Goods,
Prohibited Anchorages, and Prohibited Areas shall be those defined or
delimited by proper government agencies for the respective port or
harbor limit. For this purpose the Authority, through the General
Manager or his authorized representative at all ports, including
terminal ports within the territorial jurisdiction of the Authority,
shall issue a chart of the port indicating therein the various anchorage
or prohibited areas in coordination with those agencies.b. No vessel shall anchor or moor in any prohibited
anchorage nor use an anchor in that area except for the purpose of
assisting in berthing alongside or unberthing.c. No vessel shall anchor in, or use an anchorage, other
than for the purpose for which the anchorage is designated or intended.d. No vessel shall anchor, berth, moor or lie:
i. in the approaches to a port;
ii. in any principal fairway;
iii. in such a manner as to obstruct the approach to an anchorage or pier/wharf used by other vessels;
iv. in a cable reserve area, or in any special anchorage
indicated in the chart of the port except for the purpose specified;
v. in a position which is likely to foul a vessel which is anchored, moored, or made fast on a buoy.SECTION 7. Laid-Up Vessels —
a. The person in charge of a laid up vessel shall insure
that such vessel is securely anchored or moored in a position directed
by the Authority so as to prevent its swinging outside such limits and
clear of all other vessels during any condition of wind and tide.b. Every laid up vessel shall have at all times on board a
sufficient number of men competent to tend the anchor, lights, veer,
cable, let-go an anchor, as well as to take necessary action in case of
emergency or necessity.c. Vessels found violating pars. (a) or (b) hereof shall
be deemed to be abandoned and subject to forfeiture by CPA subject to
compliance of due process requirements.SECTION 8. Oil, Spirit, Etc. — No oil, spirit, or
inflammable liquid shall be pumped or discharged from a vessel to any
place of land, or into the sea. Neither shall vessels dump or cause to
spread crude oil, kerosene or gasoline in the bay, at the piers and/or
within three miles from the nearest coastline.SECTION 9. Transfer of Dangerous Cargo — Without
the written permission of the Authority and previous clearance of the
BOC and such other clearance required by other government agencies, no
transfer of dangerous import/export cargo shall be carried out either
between two (2) vessels anchored in a port, or in the approaches to a
port, or between one vessel lying alongside a pier or wharf and another
vessel lying alongside the former vessel. In the case of domestic cargo,
the Authority’s permit is necessary, and such other permits as may be
required by proper authority.The term “dangerous cargo” as used in this Section means any
solid, gas, or liquid which is obnoxious, corrosive, inflammable or
which exhibits dangerous properties that likely endangers the safety of
the vessel(s), its cargo and/or passengers, or physical port facilities.In determining the propriety of such transfer, the Authority shall
see to it that the process would not likely endanger life and property
and shall require the vessels concerned to provide the necessary
precaution therefor; provided, however, that the Authority shall not be
responsible for any damage or injury that may arise from the transfer
operation.SECTION 10. Logs and Lumber —
a. Unless with written permission of the Authority, no
logs, lumber, or timber shall lie afloat unattended within the limits of
any port/harbor, except alongside a vessel loading such logs, lumber,
or timber or within a properly constructed log structure approved by the
Authority.b. Every log enclosure shall:
i. be situated clear in all wharves/piers, mooring buoys, special anchorage, harbor channel, and the approaches.
ii. consist of at least 15 cm (6 inches) diameter piles
driven securely at intervals of not more than 15 meters (50 ft.) with a
boom of floating logs between them securely attached to each vertical
pile wire or chain cable or such other suitable scheme or method
approved by the Authority, and the PCG/Bureau of Forestry/DENR, if
required.iii. be subject to inspection by the Authority to
determine that the log enclosure is properly secured and maintained by
the operator to prevent the logs placed therein from being scattered and
strayed.c. Any log or raft found adrift or beached within the
limits of any port/harbor, except in cases provided under subparagraph
b), above, may, after proper notice, be impounded by the Authority for
proper disposition.SECTION 11. Rafts —
a. No raft of logs or timber shall exceed 200 meters in
length or 18 meters in breadth without the permission of the Authority.b. Should it be deemed necessary, the Authority may restrict the length and breadth of log rafts in any port.
c. Rafts being towed shall be moved with reasonable
dispatch and shall not be towed through any of the Special Anchorage.
These anchorage shall be determined and defined through the coordinated
efforts of the Authority, PCG and other government agency concerned,
pursuant to Section 6 (A), Article III (Shipping Operations and
Movements) of these Regulations.d. All log towing vessels shall carry conspicuously,
during daytime a black diamond shape of at least one-half meter in
diameter, and at night two white lights positioned vertically two meters
apart from other.SECTION 12. Tugs Towing Rafts —
a. Every tug or launch used for the towing of rafts
shall be of sufficient horsepower to hold her tow in control under tidal
and normal weather conditions.b. All tugs and launches with rafts in tow shall, unless
it is unsafe or impractical to do so, leave clear for shipping main
channels in any port or approaches to a port.SECTION 13. Smoke, Soot, Etc . — No vessel shall emit
smoke, soot, ash, grit, or oil in such quantity as to constitute a
nuisance or any harmful gas fumes and chemicals.SECTION 14. Chipping, Scaling, and hotworks —
a. No vessel shall, without the written permission of
the Authority, carry out any chipping or scaling or metal, or hot works
within a port.b. This regulation shall not apply to any vessel
undergoing construction or repair in a registered or licensed slipways
or shipyard.SECTION 15. Sinking, Strandings, Etc. —
a. When a vessel, watercraft, raft or float sinks,
strands, capsizes, or catches fire within a port from whatever cause,
except force majeure, the Master or owner of the vessel, if at fault or
negligent, shall be held responsible under existing laws and regulations
for all consequences arising therefrom, and shall immediately, at
its/his own expense, remove the watercraft, raft, or float when called
upon to do so by the Authority to prevent obstruction to shipping;
provided that the necessary salvage permit therefor is first secured
from the PCG.b. If the Master or owner/agent of a vessel, raft, float
or watercraft unreasonably fails or is unable to remove the same when
required to do so, the Authority may, in the public interest or safety
of shipping, cause its removal in the most expedient manner under
existing regulations on salvage, and the costs incurred therefor shall
be borne by the Master, owner or agent thereof.SECTION 16. Buoys and Moorings — No private buoy or
mooring shall be laid or positioned in the waters in any port/harbor
unless prior authority therefor is first secured from the PCG and the
CPA.SECTION 17. Removal/Damage to Notices, Etc . — No
person shall remove, alter, deface, damage, or otherwise interfere with
any notice placed by the Authority on any vessel in a port or on any of
the premises under the jurisdiction of the Authority.SECTION 18. Excessive Use of Siren, Etc. — No steam
whistle, siren, horn or like instrument shall be used by any vessel in a
port other than as a signal of danger, or for the purpose of giving
warning for the vessel’s maneuver, or other legitimate cause.ARTICLE IV
Berthing RegulationsSECTION 1. Berthing Regulations —
a. The allocation of the berth belonging to, or operated by, the Authority shall be at the Authority’s discretion.
b. A vessel shall be considered for berthing allocation
only after the agent of the said vessel has filed an application for
berth.c. All applications for berthing in pier/wharf/anchorage
shall be submitted at least 24 hours before arrival for vessels on
scheduled run and 36 hours for tramping vessels (without regular
schedules). In either case, application should be filed within
sufficient allowable time. The Authority may allow berthing allocation
on a weekly basis for short-run domestic vessels.d. All applications received after the berthing meeting
shall be deliberated upon the following day before the actual arrival of
the vessel.e. No vessel shall be berthed or unberthed alongside a
wharf or pier belonging to, or operated by, the Authority without its
permission or contrary to its directions, nor shall any vessel occupy a
berth other than the berth allocated to said vessel.f. First come-first served basis shall be the general
rule in determining berthing priorities of vessels, subject to the
exceptions hereinafter provided. Vessel’s arrival will mean the time a
vessel drops anchor at the Anchorage Area when there is no available
area or the time a vessel reaches the Port’s Boarding Area when a berth
is available.g. When the available berthing space is inadequate for
berthing a larger vessel having the priority to berth, the smaller
vessel next in priority which can be accommodated shall be allowed to
berth on condition that should additional space be made available such
that the larger vessel can already be accommodated, the smaller vessel,
at its own expense, shall be moved to the anchorage to allow the larger
vessel to berth.h. The Pilot maneuvering a vessel to berth shall be
advised by the Authority as to the position or berth which the vessel
shall occupy and the vessel shall comply with the directions or
instructions therefor of the Authority.i. When a vessel scheduled to berth encounters some
mechanical trouble thereby restraining said vessel to dock, an allowance
of one (1) hour shall be given for repairs. If after the lapse of this
grace period, said vessel is still inoperative, the priority to berth
shall be passed on to the vessel having the next priority to berth.j. Vessels with berthing priority but are scheduled to
depart the following day yet shall be allowed to berth to allow
passengers to disembark. Provided, however, that said vessel shall
pull-out from berth to give way to a passenger vessel scheduled to
depart on the same day, although the latter has no berthing priority.k. Any vessel intending to berth solely for purposes of
loading fresh water, bunkering or victualling, where time is of the
essence, before such vessel will be able to depart for another port,
shall be given priority over other vessels, provided that such stay
shall not exceed the time fixed by the Authority.l. Government-owned vessels on official business,
vessels of foreign government(s) not engaged in foreign trade, vessels
under stress, and vessels carrying perishable articles or goods shall be
given berthing priority over other vessels.m. Whenever practicable, passenger liners or tourist
vessels shall, subject to the discretion of the General Manager of the
Authority be given also priority on a limited number of hours stay at
berth over purely cargo vessels.n. Berthing priority of any vessel shall not be waived
in favor of another vessel. However, a vessel found to have unpaid
charges or fees or accounts with the Authority shall be denied berthing
priority until such charges or fees or accounts are paid or settled.o. Vessels waiting for cargoes, or those which have no
activity or operation, shall be moved to anchorage to allow the next
vessel to berth. However, said vessel shall be allowed to berth again,
provided that cargoes for loading are ready, unless another vessel is
allowed to take the berth temporarily by the Authority.p. Domestic vessel may be allowed by the Authority to
dock at berths designated to foreign vessels if there are no other
vessels waiting to dock at such berths.q. Shut-down time caused by heavy rains and other major
calamities or accidents which will restrain work on a vessel shall be
excluded from the time limitation prescribed herein. However, breakdown
of lifting gears and also loading fresh water, bunkering and victualling
which should be done simultaneously with cargo handling operations
shall not be considered as reason for time extension.SECTION 2. Vessel Readiness to Move —
a. While in a port, no vessel shall, without the written
permission of the Authority, carry out engine repairs or other related
work which may render the vessel unable to move when required to do so.b. No vessel while berthed at a pier or wharf be left
without any authorized personnel and competent officer who can move the
same when required to do so, and without prior written permission from
the Authority. Failure of the Master to comply with this, shall empower
the Authority to cause the removal of the vessel at owner’s/Master’s
expense and all damages incurred by reason thereof is the sole liability
of the master or owner of the vessel.c. If a vessel is unable to move when so required by the
Authority, the same shall move or caused to moved by the Authority;
provided that all expenses incurred by the Authority in performing such
work shall be paid by the vessel, without prejudice to the penalty
imposed under these Regulations.d. No un-propelled lighter or barge shall be allowed to
berth at a pier/wharf without the written permission of the Authority
and without any stand-by tugboat to move said lighter or barge when
required to do so.e. No vessel shall remain idle at berth for more than one (1) hour, if there are other vessels waiting to berth.
SECTION 3. Prohibitions on Berthing —
a. Double-bunking of vessels shall not be allowed except
with prior permit from the Authority; provided, that in case of damage
resulting therefrom, the Authority shall not be responsible.b. No vessel shall be allowed to undertake any repair while at berth unless with prior permit from the Authority.
c. Tugboats shall not leave their barges/lighters while
at berth; otherwise the Authority shall cause their removal at the
owner’s expense, without prejudice to the penalty prescribed by these
Regulations.d. No movement/shifting of vessel at berth shall be allowed without prior permission from the Authority.
e. No master of any vessel shall leave his vessel lying
at berth or anchorage without a marine officer and the necessary
manpower complement to move the vessel when so ordered by the Authority.
Failure to do so shall empower the Authority to remove the vessel at
vessel’s expense, without prejudice to the penalty prescribed in these
Regulations.f. Idle vessels or those without activity or operation shall not be allowed to remain at berth.
g. No vessel covered under compulsory pilotage shall maneuver for berth or anchor without the necessary Harbor Pilot.
h. No vessel shall berth or moor in places and/or time
not specified or authorized or shift from its authorized berth without
permission to do so by the Authority.i. No vessel shall pull alongside on another vessel without prior permission from the Authority.
j. No vessel shall dump solid and/or liquid garbage or slops over the side while at berth.
SECTION 4. Authority’s Discretion — Nothing
prescribed in the above regulations on berthing shall preclude the
discretionary power of the Authority to direct the movement of any
vessel if the Authority finds it necessary under the circumstances to do
so in the best interest of the public. Any expense incurred in
complying with the direction or order of the Authority shall be borne by
the vessel concerned.SECTION 5. Time Limitation at Berth — Based on
productivity standard of cargo handling operations, a time limitation at
berth of cargo vessels shall be determined by the volume of cargo to be
handled in the controlling hatch or 48 hours whichever is earlier.SECTION 6. Berthing of Vessel —
a. A vessel shall be berthed by its Master and crew with
the advice or direction of the Pilot on board and shall be attended by
dock labor, if available, at the wharf or pier in taking ashore, making
fast or casting off wire hawsers or ropes or other similar assistance if
due notice is given to the Authority.b. The Authority shall not be responsible for any loss
or damage caused by or attributable to any act or omission of the Master
or employees of any vessel relative to its berthing.c. Neither shall the Authority be held liable for the
unsecured or improper mooring or berthing of any vessel nor for any
damage or loss occasioned thereby.SECTION 7. Vessel Under Master’s Charge — Every
vessel shall, while moored alongside a pier or wharf within a port, be
under the charge of, and her safety at the sole risk or responsibility
of the Master or owner, and the Authority shall not be responsible for
the safety of the vessel.SECTION 8. Attendance to Moorings —
a. Every vessel lying alongside a wharf or pier shall at
all times have sufficient personnel or crew on board to attend to her
moorings and to cause them to slacken or heave in as may be necessary.b. No rope shall be made fast ashore except to the
dolphins, buoys, mooring posts, belts or bollards provided for the
purpose.SECTION 9. Rat Guards — Every vessel lying
alongside a pier, wharf, quay or bulkhead shall be provided with rat
guards on her mooring lines or other adequate means to prevent the
passage of rats between the vessel and the pier or wharf.SECTION 10. Fenders/Cushions — Every vessel alongside a
pier or wharf shall provide and use rubber/thread cushion or other
shock-absorbing materials on its side which will absorb the impact of
the vessel against the pier or wharf, quayside, and the owner or
operator of the pier or wharf shall provide the same with suitable and
adequate fenders. Any fender provided by the Authority shall not be
lifted or removed from the quay wall. The master of the vessel and its
owner shall not be relieved of any liability in case of damage caused to
the port or port facility on account of absence or lack of the fender
at the port or port facility, where damage would nonetheless be caused
due to the negligence of the vessel.SECTION 11. Gangways/Ladder —
a. There shall be provided between a vessel lying
alongside a wharf or pier, one or more proper gangways which shall be
securely fastened to the vessel and adequately lighted up at night.b. Where a vessel is lying alongside a pier or wharf, no
person shall embark on or disembark from said vessel other than over
the gangway or accommodation ladder required to be put up.SECTION 12. No Gear to be Placed on Wharf —
a. No boat, spar, anchor, cable, or other article of
ship’s gear, dunnage, loose box from or belonging to any vessel, shall
be placed or shall remain on a pier or wharf without the permission of
the Authority.b. No dirt, ash or rubbish of any description shall be
landed on any wharf or pier except in the receptacles provided for the
purpose.SECTION 13. Exhaust Steam, Discharges, etc. —
a. Exhaust steam, water and other discharges from a
vessel lying at or alongside a pier or wharf shall be laid down the side
of the ship to below the level of the wharf or pier by a hose or other
appliance.b. No refuse, filth, or excreta shall be discharged from
a discharge pipe water closet, or latrine upon any portion of a wharf
or pier except in the receptacles provided for this purpose.c. All water and steam, pipes of a vessel at a pier or wharf shall be properly screened by the Authority.
d. The cost incurred by the Authority in cleansing or
doing anything as a result of a contravention of this regulation shall
be refundable by the Master or owner of the vessel, in addition to the
penalty for the offense.SECTION 14. Removal of Obstruction, Etc. — The Master
of any vessel with its bow swung outward or with anchors or other
projections from the vessel’s side or desk which may interfere with the
vessel or another vessel loading, discharging, or berthing (including
berthing alongside the first vessel), shall remove such projection or
other obstruction.SECTION 15. Use of Engines — No vessel shall test run
or try her main engines or turn her propellers on while at berth unless
permission to do so is first obtained from the Authority.ARTICLE V
Loading, Unloading, Storing and Transporting of GoodsSECTION 1. No Responsibility for Delays — The
Authority shall not be responsible for the detention or delay of any
vessel nor for the delay in discharging or loading of its cargo due to
any cause whatsoever.SECTION 2. Vessel to be Ready for Work, Etc. —
a. After mooring or berthing alongside a pier or wharf,
every vessel shall have all her working hatches ready to commence
working cargo.b. Adequate lights shall be provided in parts of a
vessel where work is going on alongside any pier or wharf belonging to,
or operated by the Authority, in order to prevent injury or accident to
life, limb or property which may result from such work.c. No vessel shall load or unload cargoes in places and/or time not authorized by the Authority.
d. No vessel shall allow loading or unloading of cargoes by CHSPs not authorized by the Authority.
e. No vessel shall load or unload gasoline or highly
flammable substance at a place other than that designated by
regulations.f. No vessel shall load or unload dangerous cargoes at a place and time other than that designated by regulations.
g. No vessel shall dump or cause to be dumped solid and/or liquid wastes or slops over the side while at berth.
SECTION 3. Pre-cargo Handling Activities, Etc. —
a. The Authority shall not be responsible as stevedores
regardless of the source of labor supply for any stevedoring operations
which shall be carried on under the supervision of an officer of the
vessel concerned who shall bear the responsibility for the rigging,
unrigging, trimming, opening and closing of hatches, and safe working of
the cargo gear of said vessel, and for consequences arising therefrom.b. Neither shall the Authority be responsible for the
winchman or craneman that is supplied by the Authority upon request
while working on board the vessel for they shall be deemed to be an
employee of the Master of the vessel.SECTION 4. Liability/Indemnity for Cranes — When
cranes belonging to the Authority are leased, the lessee shall be
responsible for any damage which may arise from the use or operation
thereof due to his fault or negligence.SECTION 5. Lease of Cargo Gear, Etc. —
a. Cargo gear leased from the Authority shall be deemed
to be hired on condition that the hirer shall be responsible for damage
to such equipment which is attributable to his fault or negligence.b. The gear so leased shall be deemed to be in good
working condition, and the responsibility of the Authority shall be
limited to damage to cargo directly caused by the breakdown thereof.SECTION 6. List of Inward Cargo —
a. The Master or agent of every incoming vessel,
domestic or foreign, shall sign and furnish the Office of the Authority
at the port concerned, at least twenty-four (24) hours before arrival in
case of overseas vessel, and not later than one (1) hour upon arrival
in case of coastwise vessel, two (2) copies of ICM in the English
language containing all particulars as to:i. The gross weight, measurement, marks, numbers, and
contents of each package consignment, including the origin of the cargo.ii. The names of consignees per B/L or the names of the
persons actually paying the freight, and their respective addresses.iii. The names of consignees per B/L or the names of the
persons actually paying the freight, and their respective addresses.b. The Authority may refuse to allocate a berth to a
vessel unless one copy of the ICM is deposited or furnished or a written
statement is submitted that the vessel does not intend to work cargo or
that the Manifest cannot be lodged before the arrival of the vessel
because of the short sea voyage of the vessel, in which case the ICM
shall be submitted upon arrival of the vessel.c. A certified statement of any amendment or alteration,
if authorized by applicable law and regulations, made in the ICM by
reason of the re-measurement or recounting or re-description of the
break-bulk goods included therein or otherwise, shall also be furnished
to the Authority immediately after completion of discharge of the cargo
or goods.d. Any amendment or alteration to the original ICM of
containerized liner shall be submitted within twenty-four hours after
the departure of the vessel, if such amendment cannot be submitted prior
thereto.SECTION 7. Heavy Lifts — The discharge of any
package, heavy lift or containerized cargo from the vessel to the pier
or wharf shall be subject to the discretion of the Authority by taking
into account the physical strength, availability of space at the pier or
wharf and other factors, e.g. nature of the cargo, etc.SECTION 8. List of Outgoing Cargo — The Master or
agent of every outgoing vessel, domestic or foreign, shall prepare in
the English language, sign and submit within three to five (3-5) hours
before the departure of the vessels, two (2) accurate copies of the OCM
of all goods and said vessel containing all particulars as to:a. Gross weight, measurement, marks, numbers and
contents of each package or consignment, including the final destination
thereof.b. The names of the shippers and their addresses per B/L.
SECTION 9. Vessels to be Worked with Dispatch —
a. Every vessel shall discharge or load her cargo with
reasonable dispatch, and where she occupies a berth which is required
shortly by another vessel, the former vessel shall be worked
continuously including night and overtime hours as may be required by
the Authority.b. If the vessel fails or is unable to effect such
dispatch or work such night and overtime hours as required by the
Authority, said vessel may be ordered by the Authority to vacate the
berth she occupies and the Master shall forthwith comply with the order.c. A vessel which is required to vacate a berth pursuant
to the Authority’s order in paragraph (b) above shall be re-berthed at a
place solely at the discretion of the Authority.d. All expenses incurred in complying with the Authority’s order under this section shall be borne by said vessel.
SECTION 10. Production of Documents — The Master or
agent of any vessel shall produce to the Authority any book or document
which may be required in connection with the landing or shipping of her
cargo and/or embarkation or disembarkation of her passenger or crew.SECTION 11. Discharge of Cargo by Marks — The Master of any vessel shall cause the discharge of cargo by marks for easy identification and sorting of the cargo.
SECTION 12. Responsibility in Case of Fire, Etc. — The Authority shall not be responsible:
a. For any loss of, or damage to, goods while in its
port facilities caused by fire, water or other agent used in
extinguishing fire or by vermin.b. For any loss or damage to goods in an unprotected or
uncovered state while in its direct custody in its port premises and
which is not due to Authority’s fault or negligence.c. For any deficiencies of merchandise produced by natural or unavoidable causes.
SECTION 13. Liability for Storage Space — After
notification to the owners, consignees, shippers of goods or agents of
the vessel that accommodation for such goods is not available either in
the transit shed, warehouse or open space, the Authority shall not be
bound to find storage therefor nor be liable for any loss or damage to
such goods within the port facilities of the Authority. The Authority
shall have the option to remove said cargo after payment of lawful
revenues and charges at the expense of the owner, in order to decongest
the pier or wharf.SECTION 14. Passenger Baggage — The Authority shall
not be responsible for the loss of personal effects or passenger’s
baggage stored in the Authority’s transit sheds or warehouses, unless a
receipt is issued therefor by the Authority, and for cause which is
attributable to its fault or negligence, and in such case, the liability
of the Authority shall not exceed Two Hundred Pesos (P200.00) per
package unless the value of said personal effects or baggage are duly
declared and paid for ad valorem (based on value) to be determined by
the Authority.SECTION 15. Objectionable Cargo — The Authority may
prohibit the landing or refuse to accept any cargo which in its opinion
may imperil the safety of persons or property in port or cause damage to
any part of the premises of the port, or adversely affect the safety of
any cargo within the premises of the Authority.SECTION 16. Removal of Offensive Cargo —
a. The Authority may, after giving at least twelve (12)
hours notice to owner or consignee of goods which are of offensive
nature landed in the premises and without permission of the Authority,
order its removal and/or its destruction if it deems urgently necessary
in the public interest, without incurring any liability for the removal
and/or destruction of the said goods, and without prejudice to any
liability incurred by such owner or consignee. If the owner cannot be
found, mere publication in the bulletin board for (1) day or
announcement made in any media outlet shall be sufficient.b. The expenses incurred for the removal, destruction
of, or other necessary action on goods treated in paragraph (a) above
shall be borne by the consignee or owner of the cargo.c. The term “offensive cargo” as used in this Section
shall include, among others, any cargo, whether, solid, liquid, or gas,
which is obnoxious, corrosive, inflammable or poses danger to life,
property, or the government.SECTION 17. Shipside and Direct Deliveries — The
Master or agent of a vessel shall submit to the Authority lists of all
inward and outward deliveries ship-side (over-side) and all direct
deliveries/shipments to and from the wharf or pier in such details and
at such times as the Authority may require.SECTION 18. Payment of Bills — Masters, owners, and
agents of vessels, or owners or consignees of goods shall be responsible
for the prompt payment of all bills submitted by the Authority. Failure
to pay as demanded by the Authority, the vessel or her sister vessel
may be refused services by the Authority, without prejudice to the power
of the authority to detain such vessel or cargo for non-payment of the
bills.SECTION 19. Cargo-handling Contracts/Permits —
a. The Authority may, instead of providing its own
labor, authorize by contract, permit or arrangement, a contractor to
provide cargo handling services and the liabilities, obligations and
responsibilities of such contractor or grantee shall be stipulated in
said contract, permit or arrangement.b. No business corporation or firm shall be allowed to
perform work as a cargo-handling contractor within the premises of the
Authority unless in possession of a permit/license duly issued or
provided with Management Contract by Authority or with existing permit
previously issued by or with Management Contract or Agreement entered
into before with the PPA.c. The Authority shall not be responsible under any
circumstances for any claims or damages arising out of or relative to
the granting of any cargo handling contract or permit.SECTION 20. Permit/Pass to Person/Vehicle — No person
shall be allowed to enter the premises of the Authority unless he is on
legitimate business or purpose and with previous permit/pass issued by
the Authority. Neither shall any vehicle or any person, except CPA
officials and employees, be allowed to enter the pier/wharf or premises
of the Authority without any pass therefor.SECTION 21. Release of Goods —
a. Domestic cargo shall be released by the Authority
from its transit sheds or warehouses only upon production of the
corresponding B/L or Delivery Orders and CAR after payment of lawful
fees or charges collectible therefrom.b. Import and Export cargoes shall be
released/transferred or loaded on board the vessel only after payment of
lawful revenues collectible by the BOC and upon presentation of
required release/transfer/loading orders or documents and also after
payment of charges or fees collectible by the Authority.c. The Authority shall release or cause the release of
cargo by marks and shall not sort or cause its sorting by numbers and
sub-marks except upon the request and at the expense of the vessel or
cargo owner or consignee.SECTION 22. Delays and Detention of Cargo — The
Authority shall not be responsible for the delay or detention of the
shipment (which the Authority directly received), its discharge or
delivery due to congestion of cargo in the pier/wharf or of vessels at
the berth’s or for any other cause or circumstance beyond the control of
the Authority.SECTION 23. Receiving Outside Cargo — Break-bulk
cargo shall not be brought in or laid on any pier or wharf before the
vessel is ready to receive them, nor shall the cargo be placed on any
storage area or roadway, without the permission of the Authority.SECTION 24. Working Hours — The port working hours,
delivery hours for cargo, office hours and the like, of the authority in
each port shall be fixed by the Authority from time to time.SECTION 25. Damaged Cargo —
a. The Authority, if it directly renders service shall
put aside for survey damaged or bad order cargo but shall not be
responsible for failing to note any damage which can not be easily
detected by its external appearance upon discharge.b. For purposes of determining liability, among others,
damaged, defective, or bad order cargo shall be surveyed by a
representative of the ship or its agent, the cargo handling contractor,
and a representative of the Authority, in case of domestic cargo; for
foreign cargoes, a representative of the BOC shall be present.SECTION 26. Firearms and Explosives — All cases
containing firearms, ammunitions, or explosives shall be clearly marked
for identification, and at least twenty-four (24) hours before arrival
of the carrying vessel, a written notice shall contain full particulars
of the cargo and shall be accompanied by the required permit or
authority for its importation and discharge from authorities.SECTION 27. Contamination of Other Cargo —
a. If a cargo deteriorates as to contaminate other
cargo, the Authority reserves the right to require the complete removal
thereof from the transit shed or warehouse within the premises of the
Authority within twenty-four (24) hours after notice is given to the
cargo owner or consignee, or agent of either, and after payment of
lawful revenues and other charges due thereon.b. If the notice given in paragraph (a) above is not
complied with, the Authority shall have the option to remove the cargo
from the warehouse or transit shed to the open storage, sell by public
auction, destroy or otherwise dispose of such goods in such manner it
may deem proper if domestic cargo, and in coordination with the BOC if
import or export cargo, and the Authority shall not be liable to pay any
compensation for any goods so dealt with. Where the subject cargo is
auctioned, all incidental expenses incurred by the Authority shall be
charged against the owner, shipper, or consignee.SECTION 28. Animals —
a. No animals shall be landed or brought into the port
or premises of the Authority, except for direct delivery or shipment,
and the owner shall be entirely responsible for the animals and shall be
liable for any injury or damage which such animals may cause.b. If any stray animals is found within the Authority’s
premises, the same may be dealt with at the discretion of the Authority.c. No person shall raise any animal or pet within the
port premises. Any such animal or pet found within the port premises
shall be impounded and/or confiscated by the Authority or otherwise
dispose of in a manner it may deem proper.SECTION 29. Right to Remove Cargoes — The Authority
shall, if the convenient use or condition of the port premises so
requires, remove any cargo which have been landed thereon to any storage
area or therefrom to the open storage at its discretion, and the
charges for such removal shall be paid by the owner of cargoes to the
Authority.SECTION 30. Cargo for Other Ports — The Authority
reserves the right to prohibit the landing of cargo in a port which is
destined for other places except when the conditions of the said port so
warrant.SECTION 31. Recovery of Goods Fallen from Vessels —
When a vessel is alongside a pier or wharf, any material including cargo
or equipment that has fallen from the vessel or the vessel’s sling
ship-side or over-side, shall be recovered by the Master of the vessel,
or arrangement for their recovery shall be made to the satisfaction of
the Authority before the vessel is permitted to depart. The cost of such
recovery, damage to pier, wharf or other works, cargo or thing shall be
the liability of the Master, owner or agent of the vessel whether the
act is due to negligence or not.SECTION 32. Prohibition on Dumping of Wastes, Smoking, Etc . — No person shall:
a. throw or dump solid wastes or slops in any part of
the pier or wharf or premises of the Authority not designated for the
purpose. “Solid Waste” shall mean any garbage, rubbish, trash, refuse,
filth, and the like.” “Slops” shall mean any slush, watery mud, or any
refuse liquid.b. Spit, urinate, or defecate in any pier, wharf, quay,
alley, street, sidewalk, pathway, or other premises of the Authority.c. Smoke, carry, or ignite any naked flame on any part
of the pier/wharf or premises under the jurisdiction of the Authority
especially near a combustible cargo or cargo area where the Authority
has posted notices to that effect, except in such place and under such
conditions as may be expressly permitted by the Authority.d. Fish or bathe at any pier, wharf, or quay, or premises of the Authority.
e. Stay in ease or be idle, loiter about any part of the
premises of the Authority, except in such place as may be set aside for
the purpose by the Authority.f. Without proper authority, tamper with any machinery,
water appliances, electric fitting, or equipment of whatever kind in or
on the premises of the Authority.g. Knowingly permit any dog or any other animal
belonging to him/her to roam on the premises of the Authority and
without its permission.h. Knowingly permit his/her children below 12 years old
or any person of such age under his/her custody to roam within the port
premises unaccompanied by an adult and without any legitimate business.i. Conduct diggings on port roads and port premises without prior permit from the Authority.
j. Cause damage to property belonging to or controlled by the Authority.
k. Sell or drink beer, intoxicating liquor, and similar
alcoholic beverage, provided that this shall not apply to alcoholic
beverage that are entered or brought out of the port as cargo.SECTION 33. Licenses — No person shall carry on any
trade or business or be a vendor of goods or refreshment whatsoever in
any harbor craft in a port or in a vessel alongside a pier or wharf, or
on the premises of the Authority unless licensed or permitted for the
purpose by the Authority.SECTION 34. Road Vehicles —
a. All vehicles shall be driven with due care within the
Authority’s premises and shall observe such speed limits and
regulations as may from time to time be imposed by the Authority.b. Drivers of vehicles within the Authority’s premises
shall keep a constant lookout for all types of mobile cargo handling and
mechanical equipment and shall take all necessary precautions to avoid
collisions or accident.c. No vehicle shall be taken or driven along, or upon
any pier or wharf, or inside any shed or warehouse without the
permission of the Authority.d. All persons shall comply with all orders given by an
officer or security guard of, or acting for, the Authority, or by any
police officer, for the purpose of regulating traffic within the
premises of the Authority.e. No vehicle shall park on or obstruct any passage or
gangway leading to or from any pier, wharf, dock, shed, warehouse, or
any railway line within the premises of the Authority.f. No vehicle, truck, tractor engine, or craft shall be
left unattended while in the Authority’s premises, nor shall overnight
parking is allowed.g. Without permission of the Authority, no vehicle,
within its premises, shall be fueled or refueled at any place other than
at an authorized fueling point.h. When an officer or security guard of, or acting for,
the Authority deemed it necessary to move a vehicle from any place in
the Authority’s premises to prevent obstruction or danger, it shall be
lawful for him to direct the driver to move said vehicle to such other
place indicated and if the driver fails to comply with the direction or
is not around, said officer or guard may move such vehicle, and the
expense for such removal shall be borne by the owner or operator of such
vehicle, without prejudice to the penalty provided in these
Regulations.i. No bicycle, tricycle (motorized or otherwise) and
other vehicles akin thereto shall be allowed within the working area of
the port. Their presence in non-working areas shall be subject to the
approval of the Authority. Provided, that legitimate port users may be
allowed to use such vehicles owned by them for their own cargo subject
to terms and conditions as may be imposed by the Authority.ARTICLE VI
Dangerous CargoSECTION 1. Definition — For purposes of these
Regulations, “Dangerous Goods” shall mean any of the goods listed in the
“Classification of Dangerous Goods” by the IMCO or the appropriate
agency of the Philippine Government and/or United Kingdom Carriage of
Dangerous Goods in Ships (The Blue Book).SECTION 2. General Restriction — No person shall
cause to be imported or exported and no vessel shall cause to be loaded
or discharged or transported any dangerous goods within the limits of
any port, except in accordance with the permission or direction of the
Authority in addition to whatever regulations or requirements imposed by
other appropriate agencies of the government.SECTION 3. Declaration of Dangerous Goods —
a. No dangerous goods shall be brought into any port
unless such goods are declared and adequately described in the Notice
required under Sections 1 and 2, Article II (Arrivals and Departures)
hereof, and are certified in said notice by the Master or agent of the
vessel that said goods are properly marked, packed and labeled in
accordance with the IMCO Classification of Dangerous Goods or
Classification by the proper agencies of the government and/or the Blue
Book.b. Such certificate or declaration shall indicate the
correct technical name and identity of the goods and the class to which
it belongs under the appropriate classification.SECTION 4. Defective Packaging —
a. No defective package or container with dangerous
goods inside shall be landed or brought on to any pier or wharf, except
upon permission of the Authority if it deems proper and under such
strict conditions as it may impose.b. In case of emergency or in order to insure the safety
of the port or shipping therein, the Authority may destroy or otherwise
dispose of any dangerous goods if after due notice to the owners or
consignees thereof they fail to remove the same within the time
specified, and the Authority shall not be liable for payment of
compensation therefor.SECTION 5. Warning Signals to be Hoisted —
a. Every vessel carrying on board dangerous goods other
than petroleum shall exhibit, where it can be clearly seen by day, a red
flag not less than 0.6 square meter, and by night a red light which is
visible all around the horizon; provided that, such red flag and/or red
light shall continuously be exhibited as long as any dangerous goods
remain on board.b. Every vessel carrying on board dangerous petroleum
shall exhibit, where it can be clearly seen by day, a red flag not less
than 0.6 square meter with a white circular center of 10 cms. in
diameter, and by night, a red light which is visible all around the
horizon, and shall continue to exhibit said flag and/or light as long as
any low flash petroleum remains on board.c. The provisions of this section shall not apply to:
i. Dangerous goods contained on board any vessel to be used solely for the purpose of ship’s stores of the vessel.
ii. Small quantities of dangerous goods taken for sample purposes by an inspector of explosives.
SECTION 6. Restrictions on Working Hours —
a. No explosives or dangerous goods shall be located or
discharged between the hours of 1800 and 0600 without the permission of
the Authority.b. No vessel or harbor craft with explosives or
dangerous goods on board shall remain alongside any other vessel or
craft, pier or wharf, or other physical landing place between the hours
of 1800 and 0600 without the permission of the Authority.SECTION 7. Smoking, Etc. Prohibited — No person
shall smoke and no fire or naked light, other than navigation or signal
lights prescribed by the Collision Regulations or by these Regulations,
shall be allowed on board any vessel or harbor craft which has or is
about to receive on board any explosives or dangerous goods.ARTICLE VII
Containerized CargoSECTION 1. General Guidelines/Regulations on Containers — The following guidelines/regulations shall govern the handling and movement of containerized cargo, to wit:
a. At least 24 hours prior to the arrival of vessel, the
ship’s agent shall submit to the Authority two (2) copies of the
container manifest. In addition, a list of containers to be loaded or
unloaded shall also be submitted to the Authority for proper planning
and control of equipment dispatch.b. Container loaded with hazardous or dangerous cargo
shall have stickers posted in a conspicuous place on the faces of the
containers showing, among other things, the nature of the cargo storage
and handling instructions. If the same are not available, the master of
the vessel or shipping agent concerned shall post one before discharging
is allowed.c. Every container discharged from a vessel shall be
covered by individual CTS prepared and signed by the ship’s checkers and
countersigned by cargo-handling checkers, thus, making the CTS a
conclusive evidence of receipt of the containers by the CHSP.c.1 The CTS for discharging shall be prepared by the
shipping company or agent in triplicate, the original to be retained by
the shipping company/agent; the duplicate and triplicate to be forwarded
to CHSP Authority, respectively.c.2 The CTS for loading shall be prepared by the CHSP in
triplicate, the original to be retained by the CHSP; the duplicate and
triplicate to the shipping company/agent and Authority; respectively.c.3 In both instances, the CHSP Contractor and the shipping
company/agent shall prepare their own CTS following the format
prescribed by the Authority.d. Loaded Container damaged or classified as a B/O shall
be immediately opened and the contents thereof inventoried, surveyed
and examined within 24 hours upon the request of the shipping company or
within 72 hours after the last discharge in the presence of both the
representatives of the master or agent of the vessel and the CHSP.e. B/O containers shall not be transferred outside the
designated area within the Port Zone until first stripped of contents or
unless so authorized by the Collector of Customs concerned.f. Containerized cargo shall be unloaded from the
vessel and placed only on the space at the pier or wharf designated for
the purpose and shall be subject to the same rules as are applicable to
general cargo regarding the releases, withdrawal, transfer and
collection of storage charges thereon.g. No empty containers treated in Sections 6 (f) and (g)
hereof, shall be stored at the pier/wharf or its immediate premises
without the prior permission of the Authority.SECTION 2. Container’s Regulations for Cebu International Port
— The following regulations shall govern the handling of containerized
cargo in the Cebu International Port and may be made applicable to other
port facilities handling containerized cargo insofar as they are
adaptable and practicable thereat taking into consideration the
obtaining situation, to wit:a. Cargoes inside a container shall be treated like any
other break-bulk shipments subject to the provisions of the Tariff and
Customs Code and applicable regulations. Moreover, all covering
documents and permits regarding movements of cargoes contained therein,
shall among others, bear the identifying marks and/or numbers of the
containers and the names and registry numbers of the carrying vessels.b. Containers loaded with export cargo coming from the
exporter’s warehouse or outside CFS, must be brought to the port area
and entrusted to the CHSP twenty-four (24) hours before loading to
carrying vessels, in order to prevent congestion in the pier or wharf.c. Same procedure shall apply to empty containers coming from outside the port area.
d. Break-bulk export cargo for stuffing inside the Port
Area must brought to the CFS forty-eight (48) hours before the arrival
of the vessel to which such cargo will be loaded so that the stuffing
can be finished twenty-four (24) hours before loading to carrying
vessels.e. Empty containers shall be allowed to be loaded only when the following conditions are complied with, thus:
e.1 “Permit to Load” empty containers is issued by the BOC
with a copy thereof furnished the Authority and the Authority’s
clearance therefor is first secured.e.2 The permit bears the stamp of the CHSP concerned.
e.3 The permit is duly processed by the Authority’s
representative at the pier/wharf from which the containers come from,
particularly on the payment of storage charges due thereon, if any.e.4 The container has been verified to be empty by the BOC and the CPA immediately before loading.
f. In case of B/O containers loaded with dangerous or
hazardous cargo, the same shall be opened only upon authority of the CPA
and the BOC. Upon completion of transfer of such B/O containers to the
Dangerous Cargo Coral, the CHSP shall immediately inform the Authority
for such action as may be deemed appropriate.Representatives of the CHSP and the shipping company
shall each prepare a Survey Report, and one countersigning the report
of the other and each one of them furnishing the Authority with a copy
of their receipt.g. Containers shall be discharged from or loaded unto
carrying vessels only through the pier (dockside); otherwise a written
authority from the Collector of Customs and the Authority shall be
secured.h. Containers previously documented by the Collector of
Customs from outports may be loaded shipside to carrying vessels subject
to Customs rules and regulations relative to security of cargoes
contained therein.SECTION 3. Delivery, Transfer and Shifting of Containers —
a. Delivery of containers may be authorized after
payment of duties, taxes, storage charges, if any, arrastre fees and
other port charges. Delivery shall be covered by a regular delivery
permit issued by the BOC and gate pass issued by the Authority and/or
CHSP.b. Containers may be transferred under the following conditions:
i. For transfer to Customs Bonded Warehouse pursuant to BOC rules and regulations pertinent thereto.
ii. For transfer to consignee’s premises or bodegas as may be authorized under existing rules and regulations.
iii. For transfer to outside CY-CFS as extensions of the
piers pursuant to the BOC existing rules and regulations provided for in
the authority granted to the specific CY-CFS.iv. To prepare for loading to the carrying vessel or to prepare for withdrawal from the Port Zone.
v. To prepare for examinations inside the pier/wharf for
contents and for all other customs purposes as may be directed by the
BOC in coordination with the Authority.SECTION 4. Entry of Containers from Outside Sources
— Containers entering the Port Area coming from outside sources shall
be accompanied by a Waybill in addition to the usual regular documents.
This waybill shall be in a standard format to be prescribed by the
Authority for the use of shippers, brokers, shipping companies and
warehouse operators. This must be accompanied in five (5) copies with
the original to the CHSP Gate Inspector, the duplicate to the CPA
Operations Manager, the triplicate to the BOC, the quadruplicate to the
CPA Security, and the quintuplicate to be retained by CPA cashier.SECTION 5. Stuffing and Stripping of Containers —
a. Containers classified as FCL shall not be stripped
while LCL should be stripped of cargoes at the area designated therefor
by the Authority.b. Containers loaded with personal effects wholly or
mixed with other cargoes shall be first stripped of personal effects
thereof and shall be under guard by the Bureau of Customs up to the CFS
or to such area as may be designated by the Authority and the BOC for
custody, examination, payment of duties and taxes, and subsequent
delivery to the consignee.c. Containers should be stuffed or stripped at CFS, MY,
pier areas where CFS are provided and/or other areas that may be
authorized by the Authority and the BOC.d. All stuffing of export cargoes in containers in the Port Area shall be approved by the Authority and the BOC.
e. No stuffing of export cargoes in containers shall be
made unless the duly processed Export Entries of the cargo shall have
been presented to and approved by the Operations Manager and approved by
the BOC stuffing Inspector.f. The stuffing Inspector shall certify as to the
cargoes stuffed in the containers and shall render report to the
Authority and the BOC by accomplishing Stuffing Report Form prescribed
therefore which shall show, among others, the cargoes stuffed, seal
number, the export entry numbers, place where the cargoes were stuffed,
name of shippers and consignees, name and registry number of carrying
vessels.SECTION 6. Storage Containers — Considering that
containers are generally an extension of the ship’s equipment and gears,
their stay in port shall be limited to a reasonable period of time in
order that the port/container facilities may be used to the maximum.
Free storage period shall be as follows:a. Imported containerized cargoes shall be entitled to
six (6) calendar days after the day that the last item of cargo is
discharged from the carrying vessel.b. Export containerized cargoes shall be entitled to
five (5) calendar days from the day that the cargo is received at the
port.c. Containerized foreign transshipment shall be entitled
to a total of fifteen (15) calendar days from the day of discharge.d. Containerized domestic cargoes shall be entitled to
two (2) calendar days prior to the day that the carrying vessel is
scheduled to arrive.e. Containerized domestic cargoes that are “Shutout”
(not loaded on their scheduled vessel) shall be entitled to two (2)
calendar days after vessel’s departure.f. Containers after being emptied shall be entitled to
six (6) calendar days free storage period in case of foreign cargo and
one (1) calendar day in case of domestic cargo.g. Foreign containers landed empty shall be entitled to
three (3) calendar days storage period counted from the date of last
discharge. Similarly, empty containers coming from outside the customs
zone shall be charged storage fees after three (3) calendar days counted
from the date the same was received at the port.h. Loaded containers coming from outside the Port Area
shall be entitled to three (3) calendar days free storage period counted
from the date it is officially received at the pier container terminal.i. The CPC shall have the power to adjust or suspend the “free storage period” and/or increase the storage charges.
SECTION 7. Fees and Charges on Containers —
a. Cargo handling rates and other charges shall be
governed by the existing schedule of tariff rates prescribed by the
Authority, subject to periodic review by the CPC.b. Additional fees and charges other than what is
prescribed by the Authority pertaining to the use of container equipment
shall be fixed between the CHSP and the owner of the equipment subject
to the confirmation by the Authority.c. All containers whether loaded or empty, handled at
the Cebu International Port shall not be considered “heavy lift.”
However, any single package of shipment weighing more than five (5) tons
load shall be charged in accordance with the rate for “heavy lift” as
defined in these regulations.d. Storage charges for empty containers and
containerized cargo shall be in accordance with the existing rates or as
may be promulgated from time to time by the Authority.SECTION 8. Container’s Forms — For the purpose of
the regulations on containers the following forms: Individual Container
Index Card; Container Stuffing and Stripping Report and Container Daily
Summary Report shall be prescribed by the Authority.SECTION 9. General Manager’s Authority — The
General Manager by himself or through the Deputy General Manager may
from time to time issue implementing guidelines and/or procedures
consistent with the provisions of these regulations on containers to
effectively implement the same.SECTION 10. Application on Containers — These
regulations on containers shall apply to all containers, lash barges,
chassis, trailers, container facilities and equipment used.ARTICLE VIII
Lease for Private Ports/Warehouse/TerminalsSECTION 1. Lease Application for Private Warehouse/Terminal
— Application for lease of foreshore or land areas subject to the
jurisdiction and disposition of the Authority, shall among others, be
subject to the following guidelines , rules and regulations, to wit:a. Private warehouse shall not be located inside the
pier or wharf or its immediate premises but at the back up area or place
in the port in order to insure the efficient and smooth flow of cargo
handling operations in the port.b. Passenger terminal or office of shipping company or
operator may be located within the immediate premises of the pier or
wharf if it is properly planned and its establishment thereat shall not
interfere with cargo handling activity or the ingress or egress of cargo
handling vehicles.c. The application shall be accompanied with plans and
specifications, vicinity maps and tax clearance from the Bureau of
Internal Revenue (BIR) that the applicant has no outstanding tax
obligation with the government, and said application papers shall be
submitted to the CPA.d. The term of the lease shall not exceed a period of
fifteen (15) years, renewable for a period not to exceed ten (10) years,
renewable for a period not to exceed ten (10) years at the option of
the Authority and subject to such terms and conditions it may deem
proper to impose; provided, however, that after the expiration of the
original period of 15 years, the warehouse/terminal/office or structure
built in the leased area shall become the property of the Authority,
free from all liens and encumbrances, and without any obligation on the
part of the Authority to make reimbursement of the value thereof to the
lessee.e. The Authority may impose other terms and conditions on the abovementioned lease.
SECTION 2. Rate of Rental — The rate of rental for
lease of an area shall be determined by the Authority taking into
consideration, among others, such factors as the value of the property
involved and those in the vicinity, inflation, rate of upgraded rental
in neighboring areas, cost of maintenance and development by CPA,
reasonable return of its investment and such other relevant economic
factors.ARTICLE IX
Construction, Development, and Operation of Private Ports/Warehouse/TerminalsSECTION 1. Policy Guidelines on Private Ports — The
following guidelines or regulations shall be observed or followed in
the granting of authority or permit to construct, develop, and operate
private ports and similar facility, to wit:a. Subject only to the requirements of national security
and public safety and these regulations, the construction, development
and operation of private ports and similar facilities are hereby
encouraged.b. A private port facility may be established upon
approval of the general proposal to develop such private port facility
from the Authority. Private river ports, private non-commercial ports,
and marinas may be allowed construction at the level of the General
Manager, while all others shall be subject to the approval of the CPC.c. The Certificate of Registration/Permit to Operate A
Private Port Facility shall be given a period not to exceed twenty-five
(25) years but shall in no case exceed the term of its Foreshore Lease
Agreement (FLA). This may be renewable for another twenty-five (25)
years but co-terminus with the renewed FLA; Provided, however, that in
case of non-renewal, cancellation, or expiration of the FLA, the private
port facility or structure thus built on the foreshore and other
government owned land utilized for such private port operation, shall
become the property of the Authority free from all liens and
encumbrances, unless such foreshore area has been authorized to be
reclaimed and the corresponding land has become officially titled to the
private port owner.d. Port facilities with expired FLAs may be leased out again to previous owners/operators.
e. The Certificate of Registration/Permit To Operate
issued by the Authority shall authorize the holder to operate the
private port for the duration specifically indicated therein.f. All applications for the development, construction,
and operation of private ports/facilities shall be granted subject to
compliance with the regulations of the authority and other government
laws and regulations, among others, like the requirement of
Environmental Compliance Certificate (ECC), unless exempted therefrom.
Applications shall include a summary of the following:1. Site/location/distance/accessibility of applied foreshore area from other ports/public utilities and infrastructures;
2. Project scope, description, and technical description;
3. General port lay-out plan and development plan;
4. Company profile.
g. Applications for private commercial ports shall have a
minimum investment of at least one concrete berth with a minimum length
of 65 meters and a draft of at least five (5) meters at mean lower low
water (mllw).h. The private port owner/operator shall pay to the
Authority such charges that are collectible under the Tariff and Customs
Code, as amended, and those provided under subsequent applicable laws.i. The owner/operator of the private port shall be
responsible for any damage to property or injury to persons due to his
fault or negligence in connection with the construction, development,
maintenance, and operation thereof, and shall comply with existing CPA
rules and regulations and those issued hereafter.j. The applicant shall pay to the Authority permit fee in an amount graduated as follows:
Project Cost
Permit Fee
Below P10M
P20,000.00 P20,000.00 Plus .001 (1/10 of 1%) of the excess but not to exceed P150,000.00
P10M and above
Provided, that the fees established herein shall be subject to periodic review by the CPC.
k. No applicant shall be granted a permit for the
construction, development, and operation of a private port or awarded a
lease contract if he has outstanding tax obligations to the government,
unless a tax clearance therefor is secured from the Bureau of Internal
Revenue.SECTION 2. Choice of Contractor — Subject to the
issuance of a cargo handling permit and to such terms and conditions as
may be imposed by the Authority, owners or operators of duly registered
privately owned ports may be allowed to undertake cargo handling
services on their own by contract with a CHSP.SECTION 3. Rates, Dues and Charges on Vessels and Cargoes in Private Ports —
a. Charges for all foreign and domestic vessels that
call or drop at anchor at a duly registered private port shall be
one-half (1/2) of the corresponding vessel charges applicable in
government ports, subject to periodic review by the CPC.b. Wharfage for all foreign and domestic cargoes whether
containerized or not that are loaded or discharged from a private port
shall be one-half (1/2) of the corresponding charge collected in
government ports, subject to periodic review by the CPC.c. The owner/operator shall be responsible for the
prompt payment of aforesaid charges to the Authority, including rates,
dues, or charges, which the Authority may hereafter impose.d. Charges or fees imposed by the owner/operator of a
private port/facility on its port users for the use of its facilities or
services shall in no case be lower than that prescribed in the nearest
CPA port, and shall be subject to the regulatory powers of the
Authority.e. The owner/operator of the private pier/wharf or port
facility shall, when requested by the Authority, assist the Authority
subject to conditions that it may impose, in the collection of all dues,
rates and charges collectible by the Authority.ARTICLE X
Municipal Ports/Piers/WharvesSECTION 1. Jurisdiction Over Municipal Ports — The
Authority shall have the power of supervision, regulation and
jurisdiction over the administration, development and operations of
municipal ports for the purpose of implementing an integrated program of
port planning, maintenance, development and operation of all ports
throughout the territorial jurisdiction of the Authority. No municipal
port shall be constructed without permit from the Authority.SECTION 2. Operation of and Cargo-handling in Municipal Ports
— The municipality or city that owns a pier or wharf may operate the
same directly or award its operations and administration to a private
contractor who shall secure a permit from the Authority to operate
cargo-handling services thereat, subject to the payment of privilege fee
to the Authority which shall determine the same, and to such other
conditions which the Authority may deem proper to impose.SECTION 3. Collection of Charges — The Authority
shall collect from the owner/agent of vessels and/or owners or
consignees of cargoes discharged or loaded at any municipal wharf/pier
such collectible port charges, without prejudice to the right of the
local government owner of such pier/wharf to collect wharfage dues as
provided under said Section 133 (d) of R.A. 7160 (Local Government Code
of 1991).SECTION 4. Contracts with LGU — The Authority may
enter into contracts or agreements with Local Government Units for the
co-management of outports under such terms and conditions as the
Authority may deem proper to impose, or enter into other transactions or
undertakings of whatever nature which are necessary or incidental to
the Authority’s functions and objectives.ARTICLE XI
General Guidelines in the Granting of Cargo Handling Contracts/PermitsSECTION 1. Statement of Policy — It is the policy
of the Authority that cargo handling operations in government ports
shall be awarded through public bidding to enhance efficiency in cargo
handling operations. Provided that the Authority may renew cargo
handling permits/contracts to operators with existing licenses found to
have rendered satisfactory performance after proper audit and
evaluation; Provided, further, that in case of private ports, the
Authority shall issue permits for cargo handling services subject to the
criteria and standard that it may establish and to such terms and
conditions it may deem proper to impose in the public interest.SECTION 2. Ports with Low Cargo Volume — For ports
with low cargo volume, the General Manager shall have the authority to
grant cargo-handling contracts/permits with a term not to exceed one (1)
year and impose the terms and conditions relative thereto. Ports are
considered to be with low cargo volume where the total cargo throughput
does not exceed 5,000 metric tons a month or where cargo handling
operation is primarily manual.SECTION 3. Capital, Equipment, and Labor — All
CHSPs shall have sufficient capital and adequate cargo handling
equipment, gears and tools, including manpower, commensurate with the
operational needs of the service and its expansion. Its labor force
shall be free of misfits, police characters and persons considered
notoriously undesirable who shall be weeded out of the service subject
to applicable labor laws, decrees and regulations on the matter.SECTION 4. Supplementary Guidelines — The General
Manager shall have the power to issue supplementary guidelines in the
granting of contracts/permits of cargo-handling services to effectively
carry out the foregoing policies and objectives, subject to review by
the CPC.ARTICLE XII
Protest on Collection of Port Charges, Penalties and FinesSECTION 1. Protest and Payment Under Protest — In
the collection of port charges, dues or fees, and in the imposition of
administrative fines and penalties for violations of port rules and
regulations, traffic and safety regulations and other existing
regulations/policies issued/adopted by the Authority or which the latter
may hereafter provide or when a ruling of a division head or his
representative is made whereby liability for port charges is determined,
the party adversely affected may protest such action by presenting to
the said division head or representative concerned at the time when
payment of the amount claimed to be due the government is made, or
within seven days (7) thereafter, a written protest setting forth his
objection to the fine or penalty imposed or the action or ruling in
question, together with the reasons therefor.No protest shall be considered unless payment of the amount due has first been made.
SECTION 2. Protest Exclusive Remedy — In all cases
subject to protest involving fines or penalties, and port charges, the
interested party who desires to have the action of the CPA division head
or his representative reviewed, shall make a protest, otherwise, the
action of the said officer shall be final and conclusive against such
party, except as to matters correctible for manifest error.SECTION 3. Form and Scope of Protest — Every
protest must be in writing and shall point out the particular decision
taken or objection made, and indicate with reasonable precision the
particular ground or grounds upon which the protesting party bases his
claim for relief.The scope of a protest shall be limited to the subject matter of a
single adjustment or other independent transaction; but any number of
issues may be raised in a protest with reference to the particular item
or items constituting the subject matter of the protest.SECTION 4. Nature of Proceedings — The proceedings shall be non-litigious and summary in nature. The Rules of Court shall apply only in suppletory character.
SECTION 5. Decision — The division manager concerned or his
representative shall decide the protest within fifteen (15) days from
the date the same is submitted for decision. The decision of the
division manager or his representative shall become final after ten (10)
days from receipt thereof by the parties concerned.SECTION 6. Appeal — Any person aggrieved by the
decision of the division manager concerned or his representative may,
within ten (10) days from receipt of a copy of said decision, elevate
the matter to the General Manager. The division manager concerned or his
representative shall forthwith transmit all records of the case to the
General Manager. An appeal fee of P200.00 and a legal research fee of
P100.00 shall be collected from the appellant. An appeal without prior
payment of the said fees may be dismissed.SECTION 7. Action on Appeal — The General Manager
shall, within thirty (30) days from receipt of the records of the case,
render his decision on the appeal. The General Manager may, however,
refer the case on appeal for study and review to the Legal Officer of
the Authority. The latter shall, within ten (10) days from referral,
submit his findings and recommendations to the General Manager.
Thereafter, the General Manager shall render his decision either
adopting in part or in toto the findings of the Legal Officer or modify
or substitute the same.SECTION 8. Appeal to the CPC — Within ten (10) days
from receipt of a copy of the decision, a person aggrieved by the
decision of the General Manager may further appeal the same to the CPC,
which shall render its decision within thirty (30) days from receipt of
the appeal and the records of the case. The decision of the CPC shall
become final after fifteen (15) days from receipt of a copy thereof by
the parties.SECTION 9. Automatic Review — All decisions of a
division manager or his representative in a protest case involving an
amount of Ten Thousand Pesos (P10,000.00) or over which is adverse to
the government shall within five (5) days from the date of receipt of
the decision, be submitted to and automatically reviewed by the General
Manager; the same procedure provided in Section 7 hereof shall be
followed. Likewise, all decisions of the General Manager, which is
adverse to the government, shall within five (5) days from date of the
decision, be submitted to and automatically reviewed by the CPC. The CPC
shall render its decision within thirty (30) days from receipt of the
records of the case. If no decision is made within said period, the
decision shall be deemed to have been affirmed and the same shall become
final.SECTION 10. Power of General Manager — The General
Manager may issue such order as may be necessary to implement the
administrative details on the matter of protest.ARTICLE XIII
PilotageSECTION 1. Pilotage District of Cebu — The waters and harbors which comprise the territorial jurisdiction of the Cebu Port Authority.
SECTION 2. Compulsory Pilotage Service — For
entering a harbor and anchoring thereat or passing through navigable
rivers, straits, channels within the Pilotage District of Cebu, as well
as shifting, docking and undocking, every vessel with 500 GRT and above,
engaged in coastwise or foreign trade shall be under compulsory
pilotage. However, ship captains or masters of domestic vessels that
regularly call at a government port may be allowed to pilot their own
vessels, provided they are duly permitted by the Authority under such
terms and conditions it may impose as may be consistent with existing
government regulations.SECTION 3. Exemption — In the following cases, pilotage service is not compulsory:
a. Government vessels not engaged in commercial trade;
b. Vessels of foreign government(s) entitled to courtesy; and,
c. Vessels calling at private ports not located within a
designated channel and whose owners/operators have waived the
requirements on compulsory pilotage.SECTION 4. Authorization For Pilots —
a. The Authority shall grant a permit to such number of
pilots to operate or maneuver vessels to berths or anchorage within the
Pilotage District as the Authority deems necessary for the purpose of
providing safe and efficient pilotage service.b. No person shall be granted a permit as a harbor pilot
of any vessel within the Pilotage District unless he has passed the
required examinations therefor given by proper agency of the government;
and has been issued a license by the PCG and a permit by the Authority.SECTION 5. Revocation of Pilot’s Permit — Permit
issued by the Authority to a pilot to operate or maneuver vessel shall
be subject to suspension or revocation for cause in connection
therewith.SECTION 6. Pilotage Fees and Rate — All pilotage
fees and rates chargeable for pilotage services in a Pilotage District
shall be subject to the approval of the Authority. For the privilege of
having been granted a permit to operate within the Pilotage District, a
privilege fee of not less than ten percent (10%) of the gross income of
the pilot organization shall be charged by the Authority and paid under
such guidelines established by the Authority, without prejudice to the
option of the authority to impose a direct collection system. Provided,
that the rate of privilege fee established herein shall be subject to
periodic review by the CPC.SECTION 7. Discipline of Pilots — The Authority
shall regulate, supervise, and ensure the maintenance of good conduct
and discipline of all pilots and may require its Chief Pilot to submit a
report to the Authority on any pilot where there is a reason to believe
that public interest or the efficiency of pilotage service is involved.SECTION 8. Investigation of Pilot — Upon
indorsement by the General Manager of a complaint, either at his own
initiative or upon complaint under oath by other persons, against any
pilot for negligence, inefficiency, incapacity or violation of pilotage
rules and other regulations of the Authority, the Legal Officer of the
Authority shall conduct an investigation and submit his report and
recommendations to the General Manager who may adopt the said report in
toto or in part. In connection therewith, the General Manager may
thereby reprimand, suspend or cancel the permit of the erring pilot and
impose the applicable fine as may be warranted.ARTICLE XIV
General ProvisionsSECTION 1. Territorial Coverage — These Regulations
shall be applicable to all ports and port facilities, within all seas,
lakes, rivers, and all other navigable inland waterways within the
Province of Cebu, including the City of Cebu and all other highly
urbanized cities which may hereafter be created therein in accordance
with Section 6 of R.A. 7621.SECTION 2. Authority of General Manager to Issue Additional Regulations
— The General Manager of the Authority may promulgate such
supplementary regulations adaptable or responsive to the peculiar
conditions obtaining in the port or in other areas under the territorial
jurisdiction of the Authority, or which are necessary to effectively
carry out the provisions of this Order, provided that said regulations
or rules are not contrary to, or inconsistent with these Regulations.SECTION 3. Delivery of Notices/Documents — Any
notice or document relating to the arrival of any vessel or to the
details for working its cargo or to the delivery of goods to the
premises of the Authority, including any application for a license,
pass, permit or permission to be issued by the Authority under these
Regulations shall be given or delivered to or made with the General
Manager or his authorized representative.ARTICLE XV
Final ProvisionsSECTION 1. Repealing Clause — To the extent
consistent with the rules and regulations prescribed by any other
government agencies relative to the subject treated in this Order these
Regulations shall be in addition or supplemental thereto; provided,
however, that these Regulations shall supersede those rules and
regulations previously issued by the BOC and the PPA relating to matters
such as anchoring, berthing and movement of vessels, handling, storing,
custody, movement and delivery of cargo and other related matters
within the jurisdiction of the Authority insofar as said BOC or PPA
regulations are inconsistent with these Regulations.All rules, regulations, memoranda and/or Administrative Orders or
Circulars, guidelines and policies or parts thereof issued or adopted by
CPA which are contrary to, or inconsistent with, these Regulations are
hereby repealed , modified or amended accordingly.SECTION 2. Separability Clause — If for any reason
any section or part of these Regulations is declared unconstitutional or
invalid by competent judicial authority, the declared or invalid
section or part thereof shall not affect the other sections or parts to
which such declaration of nullity does not apply or relate.SECTION 3. Penalty Clause — Violation of any of the
provisions of these Regulations shall subject the person involved to
the following penalties, to wit:a. Any person who violates any rules and regulations
issued or promulgated by the Authority pursuant to RA 7621 and laws
related thereto, shall be punished by imprisonment for not less than one
(1) day but not more than six (6) years, and pay a fine of not less
than two hundred (P200.00) pesos but not more than one hundred thousand
(P100,000.00) pesos.If the offender is a government official or employee he shall,
in addition to imprisonment and fine, be perpetually disqualified to
hold any public office.If the offender is a juridical person, the penalty of
imprisonment and fine shall be imposed upon its President and/or
Chairman of the Board, Manager, Director, without prejudice to the first
paragraph of this Section.If the offender is an alien, he shall be deported immediately
without further proceedings, after serving his sentence and paying the
fine.b. Any license, franchise, authority or permit to
exercise any right or privilege, which may have been issued by the
Authority in accordance with the rules and regulations issued or
promulgated pursuant to R.A. 7621 and related laws shall be deemed
withdrawn or revoked upon conviction of the holder thereof.c. Subject to additions as may be specified in duly
promulgated rules and regulations, the following fines shall be imposed
for each violation as indicated hereunder:1. Vessel maneuvering for berth or anchor without the
necessary pilot when required by regulations, a fine not exceeding ten
thousand pesos.2. Vessel berthing or mooring or loading or unloading of
cargo in places and time not specified or authorized or shifting from
its duly authorized berth without permission to do so by the Authority, a
fine not exceeding five thousand pesos for domestic vessel and not
exceeding ten thousand pesos for overseas vessel;3. Vessel departing from the port without clearance or
permission from the Authority, a fine not exceeding three thousand pesos
for domestic vessel and not exceeding ten thousand pesos for overseas
vessel;4. Vessel allowing loading or unloading by cargo handling
operator not duly authorized by the Authority, a fine not exceeding
five thousand pesos;5. Vessel left without marine officer on board and
necessary complement to move the same when directed by the Authority due
to necessity, a fine not exceeding three thousand pesos;6. Operator shifting cargo in the port or authorizing
withdrawal or entry of cargo in port for stacking without prior
clearance from the Authority, a fine not exceeding two thousand pesos;7. Vessel dumping or causing to spread crude oil,
kerosene or gasoline at the piers or within three miles from the nearest
coastline; a fine not less than one thousand pesos;8. Vessel anchoring at any dock, pier, wharf, quay or
bulkhead without rat guards, a fine not exceeding two hundred pesos for
coastwise vessel, and not exceeding one thousand pesos for overseas
vessel;9. Vessel dumping garbage or slops over the side within
three miles from the nearest coastline, a fine not exceeding one
thousand pesos;10. Vessel loading gasoline at a place other than that designated by regulations, a fine not exceeding one thousand pesos;
11. Vessel causing the emission and spread of harmful gas, fumes, and chemicals, a fine not exceeding one thousand pesos;
12. Vessel conducting unauthorized repair work on board, a fine not exceeding one thousand pesos; and
13. Commercial vehicles violating the regulation on from
exit and entry to the port area, a fine not less than ten pesos (P10.00)
nor more than five hundred pesos (P500.00).SECTION 4. Effectivity Clause — These Regulations shall become effect
Adopted: 26 May 2000
(SGD.) ANTONIO J.B. ELUMIR, JR.
General Manager