and documentation of Philippine vessel; the issuance of all certificates, licenses, and other documents necessary or incident to such registration and documentation, and the approval of any contracts or transactions which directly or indirectly affect the title of registered vessel such as sale, mortgage, and charter.
Register of Philippine Vessel – commercial
registry of vessels; public; maintained by MARINA.
Vessels required to be registered at MARINA
1. All vessels of domestic ownership and of more than 15 tons gross 2. Vessels engaged in towing, pushing, and carrying goods or passengers for hires 3. Vessels acquired under PD 760/166/1711
Vessels not required to register
1. Warships and naval vessels 2. Vessels of foreign registry temporarily used in PH waters for less than 1 yr. 3. Non-motorized bancas, sailboats, and other waterborne contrivance less than 3 gross tons capacity
Note: Vessels of 15 gross tons or less may be
registered optionally. If not registered, a “Cert. of Number” is required.
Where registration of vessel to be effected?
1. Domestic trade – at home port; principal office/terminal port 2. Overseas trade – MARINA CO
Information noted in Vessel’s Register
1. Name of ship 2. Former name and registry (if applicable) 3. Type of ship 4. Call sign 5. Official number 6. IMO number (for passenger ships of 100 gt and above and for all cargo ships of 300 gt and above 7. Hull material 8. Principal dimensions 9. Tonnages (gross/net/deadweight) 10. Classification society 11. Horsepower (KW) 12. Main engine 13. Year built 14. Builders/Place built 15. Name, nationality and business address/residence of owner/operator 16. Homeport 17. Date of issuance of Certificate of Philippine Registry (CPR) 18. Any material change of any of the preceding items including records of encumbrances Provisional CPR – refers to a document issued by Philippine Consular office to a vessel overseas (vessels constructed and acquired abroad); applied in MARINA – endorsed to DFA – Phil. Embassy Consulate.
Permanent CPR – upon arrival of overseas
vessel in PH; owner or agent shall apply with MARINA the CPR.
Domestic ownership – more than 15 gt; owned
by filipino citizen; in case of corporation, max of 40% foreign ownership.
In case of corp. or assoc. engaged in coastwise
trade, the president or managing director must be citizens, provided all crews are citizens, except in case of specialized fishing vessel
Exception as to non-issuance of CPR to foreign
vessel - CPR may be obtained by vessel of an enterprise duly-registered with Board of Investments; such vessel is to be used exclusively to transport its own raw materials and finished products in coastwise trade, as incident to its business activity registered with the BI
CPR – evidence of registration of the vessel;
entitles the vessel the right to engage in PH Coastwise and foreign trade; protection of the authorities; and the flag of PH in all ports and on the high seas.
Cert. of Ownership – issued by MARINA;
evidence of permanent registration of vessel; does not confirm privilege to engage in PH coastwise and foreign trade; no protection from authorities; and flag.
Priority of registration is protected
Effect of registration on ownership of the vessel
– serves as proof of ownership; gives legal title to the registrant; rebuttable
Investigation of MARINA prior issuance of CPR –
must be for legit purpose and owned domestically
MARINA may revoke/cancel CPR or CO, if it
found that the vessel is no longer of domestic ownership and/or being used for illegitimate purpose, or the certification was improperly issued.
License of yachts exclusively for pleasure can be
issued by MARINA.
Assignment of name and official number
- A registered vessel must be named; name cannot be changed/abandoned without permission. - A registered ship must be marked with her name permanently and conspicuously on both sides of the bow and on the stern - Official number – carved on the beam
In case of change of ownership of vessel – new
owner must present the necessary documents within 15 days after execution of the same to the registrar at the port registry; new CPR and CO shall be issued in the name of the new owner.
Coastwise trade – vessels must fly PH coastwise
emblem; vessels engaged in coastwise trade must be licensed annually with the MARINA, through the Coast Guard.
Annual licenses – issued by MARINA through
the CG.
Bay and River license – particular port or body
of water; includes confluent river and lake; vessel must be built in PH, and of domestic ownership;
Exceptions for bay and river license
1. Vessels of 3 gt or less 2. Yachts, launches and other craft used exclusively for pleasure and recreation 3. Ship’s boat and launches bearing the name and home port of the vessel plainly marked thereon and 4. Vessels owned by the government of PH
Exception shall cease if engage in the business
of transporting cargo or passengers for hire.
Inspection of hulls and other constructional
features of vessel, done by MARINA. – Certificate of Inspection
Modes of Acquisition of Vessels – p. 46;
Prescription; Capture of enemy ship-can only be exercised by State; Shipbuilding
Captain/charterer cannot acquire through
prescription; possession of captain not in the concept on an owner but merely agent or depositary Right of pre-emption and redemption of co- owners – p. 53; 9 days;
What sale of vessel include – Art. 576 – RTSE;
not included are arms, munition of war, provisions, and fuel; vendor shall deliver to buyer Cert. of Record of the Vessel in the Registry.
Acquisition of ship is governed by the law on
contract.
Rental value deductible from purchase in case
of rescission Vendee liable to pay balance of price despite of vessel’s loss
Art. 577 – sale of vessel while on voyage –
buyer’s freightage, bayad crew; sale after arrival at port of destination – seller’s freightage, bayad crew.
Art. 578 – Alienation in a foreign fort – should
be done before the PH consulate; must be recorded; if vessel rendered useless for navigation, captain’s duty to apply, examination of the vessel;