Republic of the Philippines

Department of Transportation and Communications

MARITIME INDUSTRY AUTHORITY
MARINA Regional Office No. VII
2/F Qimonda I.T. Center Don Sergio Osmena Avenue
North Reclamation Area, Cebu City

Case No. CMRO 17-049

RE: Application for issuance of Cetificate of Public

Convenience (CPC) to operate a non-scheduled tour
and cruise/dive shop service and to charge deregulated
rates, pursuant to Republic Act No. 9295 and its 2014
Amendments to Revised Implementing Rules and
Regulations.

DIVINGKING CORPORATION,
Applicant/Petitioner.
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FORMAL OFFER OF EXHIBITS

EXHIBIT
“A” - PETITION (The original
copy of this is attached to the
records of this case but, for
easy reference a photocopy
of which is attached hereto).
PURPOSE
This is offered to prove that the applicant
/petitioner is a duly organized domestic
corporation under Philippine laws with
principal office at Highway corner Esther
Lim Drive, Tawala, Panglao, Bohol and is
duly represented herein by Maribeth D.
Turawan. It is the registered owner a
vessel, MBCA “DK 01”

This is also offered to prove that, with

respect to the aforesaid vessel, the
applicant possesses all the qualifications
and none of the disqualifications to apply
for the issuance of and be granted with a
Certificate of Public Convenience (CPC) to
operate a non-scheduled tour and
cruise/dive shop service and to charge
deregulated rates pursuant to existing laws
and/or MARINA rules and regulations.
“B” - NOTICE OF
HEARING. (The original
copy of this is attached to the applicant/petitioner (Exhibit “A”) was given
records of this case but, for
easy reference a photocopy
of which is attached hereto).
“C” - AFFIDAVIT OF
PUBLICATION. (The original with the Notice of Hearing (Exhbit “B”)
copy of this is attached to the issued by this office, applicant/petitioner
records of this case but, for
easy reference a photocopy
of which is attached hereto). general circulation, on March 31, 2017.
“C-1” – Newspaper
clipping of BANDERA
(page 3) where the Notice
of Hearing was printed.
(The original copy of which is
attached to the records of
this case but, for easy
reference a photocopy of
which is attached hereto).
“D” – Secretary’s
Certificate. (Original copy of
which is attached to the
records of this case but, for
easy reference a photocopy
of which is attached hereto).
“E” – Certificate of
Accrediation. (Copy of
which is attached to the
records of this case but, for
easy reference a photocopy
of which is attached hereto).
“F” – Statement of
Financial Position and
Statement of
Comprehensive Income.
(Copy of which was attached
to the records of this case
but, for easy reference a
photocopy of which is
attached hereto).
This is offered to prove that the
Application/Petition of herein
due course by this Office by requiring the
publication of said notice of hearing and
ordering the applicant/petitioner to present
the jurisdictional qualification and
documentary requirements on 5 April 2017,
among others.
This is offered to prove that in compliance
caused the publication of the said notice of
hearing in BANDERA, a newspaper of
This is offered for the same purpose for
which Exhibit “C” is offered.
This is offered to prove that the applicant-
corporation duly authorized MARIBETH D.
TURAWAN to be its representative in this
instant application/petition per Board
Resolution No. 003 S., 2017.
This is offered to prove that
applicant/petitioner Divingking Corporation
is duly registered/accredited by MARINA to
engage in Domestic Shipping Business
(Tourism Oriented) from March 22, 2017 to
June 21, 2017.
This is offered in evidence to prove that
herein applicant/petitioner is financially
capable to provide and sustain safe,
reliable, adequate, efficient and economical
service relative to the operation of the
subject vessel.
“G”- Affidavit of Maribeth
Turawan. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
“H” – Certificate of
Incorporation/Articles of
Incorporation and By-Laws
of Divingking Corporation.
(Copy of which was attached
to the records of this case
but, for easy reference a
photocopy of which is
attached hereto).
“I” – Certificate of
Ownership issued by
MARINA. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
“J” – Certificate of
Philippine Registry issued
by MARINA. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
“K” Bay and River License
issued by MARINA. (Copy
of which was attached to the
records of this case but, for
easy reference a photocopy
of which is attached hereto).
“L” Passenger Ship Safety
Certificate issued by
MARINA. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
This is offered to prove that the subject
service will provide economic and beneficial
effect to the ports within the region, as well
as to the Province of Bohol itself in general
and in the Municipality of Panglao, Bohol in
particular.
This is offered to prove that the
applicant/petitioner is a duly registered
domestic corporation with the Securities
and Exchange Commission (SEC); thus, it
has the legal personality to pursue this
instant application/petition.
This is offered to prove that Divingking
Corporation is the duly registered owner of
MBCA “DK 01”, the vessel subject matter of
this application/petition.
This is offered to prove that MBCA “DK 01”,
owned by Divingking Corporation and the
subject vessel in this instant
application/petition, is duly registered in the
Register of Philippine Ships.
This is offered to prove that MBCA “DK 01”
owned by the herein applicant-corporation
is duly licensed and permitted to engage in
bay and river trading (protected water) for a
period of one (1) year, that is until 20 March
2018.
This is offered to prove that MBCA “DK 01”
owned by the herein applicant-corporation
has complied with the requirements under
Philippine Merchant Marine Rules and
Regulations (PMMR) 1997 and its
subsequent amendments.
“M” Minimum Safe
Manning Certificate issued
by MARINA. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
“N” Certificate of
Compliance issued by
MARINA. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
“O” Maximum Load Line
Marking Certificate issued
by MARINA. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
“P” Official Receipts
issued by Air Marine
Insurance Agency. (Copies
of which was attached to the
records of this case but, for
easy reference a photocopy
of which is attached hereto).
“Q” Pictures of MBCA “DK
01”. (Copies of which was
attached to the records of
this case but, for easy
reference a photocopy of
which is attached hereto).
“R” Official Receipt No.
0754863. (Copy of which
was attached to the records
of this case but, for easy
reference a photocopy of
which is attached hereto).
This is offered to prove that MBCA “DK 01”
owned by the herein applicant-corporation
is considered to be safely manned if, when
it proceeds to sea/protected waters, it
carries not less than two (2) personnel from
the Deck Department and two (2) from the
Engine Department or such number of
personnel specified in the said certificate.
This is offered to prove that MBCA “DK 01”
owned by the herein applicant-corporation
has complied with the minimum service
standards for motor bancas below 20 gross
tons under MC 134.
This is offered to prove that MBCA “DK 01”
owned by the herein applicant-corporation
has been surveyed and that the freeboards
have been assigned and load lines shown
in this certificate have been marked in
accordance with the International
Convention on Load Lines, as amended.
This is offered to prove that MBCA “DK 01”
owned by the herein applicant-corporation
has been duly insured including its
passengers and crew members.
This is offered to prove the material
allegations in the petition/application.
This is offered to prove that the appropriate
fees were duly paid in relation to this
application/petition of the issuance of CPC
to the herein applicant/petitioner.
 PRAYER

WHEREFORE, foregoing considered it is most respectfully prayed of

this Honorable Office that the foregoing documentary exhibits be please
admitted.

It is likewise prayed that after the admission of the above-mentioned

exhibits the Petitioner/Applicant shall be considered to have rested its case
and the same is deemed submitted for resolution.

Other relief and remedies consistent with justice are also prayed for.

Tagbilaran City, for Cebu City, Philippines; April 20, 2017.

DONI D. PIQUERO
Counsel for the Applicant/Petitioner
PIQUERO LAW OFFICE
51 Remolador St., City of Tagbilaran
PTR No. 0375941, Jan. 3, 2017; Tagbilaran City
IBP Lifetime No. 02213, Dec. 30, 2000;
Roll No. 40853; Apr. 12, 1996
MCLE Compliance No. V-0011622; Nov. 2, 2015