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Maritime Industry Authority (MARINA) – vested

with exclusive authority over the registration


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;

Art. 579 – Sale at public action of damaged


vessel –

Without MARINA approval, PH vessels cannot


be sold to foreigners –

Attachment and sale of vessels are governed by


the Code of Commerce

Art. 580 – Judicial Sale and Voluntary Sale

Procedure for enforcement of law

Captain may not enforce lien for crew’s wages

Art. 528 -

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