Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
receive them; and if he does not do so, he shall be liable for the
damages which may be caused thereby.
ARTICLE 369. If the consignee cannot be found at the residence
indicated in the bill of lading, or if he refuses to pay the
transportation charges and expenses, or if he refuses to receive the
goods, the municipal judge, where there is none of the first instance,
shall provide for their deposit at the disposal of the shipper, this
deposit producing all the effects of delivery without prejudice to
third parties with a better right.
ARTICLE 370. If a period has been fixed for the delivery of the
goods, it must be made within such time, and, for failure to do so, the
carrier shall pay the indemnity stipulated in the bill of lading, neither
the shipper nor the consignee being entitled to anything else.
If no indemnity has been stipulated and the delay exceeds the time
fixed in the bill of lading, the carrier shall be liable for the damages
which the delay may have caused.
ARTICLE 371. In case of delay through the fault of the carrier,
referred to in the preceding articles, the consignee may leave the
goods transported in the hands of the former, advising him thereof in
writing before their arrival at the point of destination.
When this abandonment takes place, the carrier shall pay the full
value of the goods as if they had been lost or mislaid.
If the abandonment is not made, the indemnification for losses
and damages by reason of the delay cannot exceed the current price
which the goods transported would have had on the day and at the
P a g e 8 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
place in which they should have been delivered; this same rule is to
be observed in all other cases in which this indemnity may be due.
ARTICLE 372. The value of the goods which the carrier must
pay in cases if loss or misplacement shall be determined in
accordance with that declared in the bill of lading, the shipper not
being allowed to present proof that among the goods declared therein
there were articles of greater value and money.
Horses, vehicles, vessels, equipment and all other principal and
accessory means of transportation shall be especially bound in favor
of the shipper, although with respect to railroads said liability shall
be subordinated to the provisions of the laws of concession with
respect to the property, and to what this Code established as to the
manner and form of effecting seizures and attachments against said
companies.
ARTICLE 373. The carrier who makes the delivery of the
merchandise to the consignee by virtue of combined agreements or
services with other carriers shall assume the obligations of those who
preceded him in the conveyance, reserving his right to proceed
against the latter if he was not the party directly responsible for the
fault which gave rise to the claim of the shipper or consignee.
The carrier who makes the delivery shall likewise acquire all the
actions and rights of those who preceded him in the conveyance. The
shipper and the consignee shall have an immediate right of action
against the carrier who executed the transportation contract, or
against the other carriers who may have received the goods
transported without reservation.
P a g e 9 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
at the point of destination, except when his failure arises from having
been led into error by falsehood on the part of the shipper in the
declaration of the merchandise. If the carrier has acted by virtue of a
formal order of the shipper or consignee of the merchandise, both
shall become responsible.
ARTICLE 378. Agents for transportation shall be obliged to keep
a special registry, with the formalities required by Article 36, in
which all the goods the transportation of which is undertaken shall
be entered in consecutive order of number and dates, with a
statement of the circumstances required in Article 350 and others
following for the respective bills of lading.
ARTICLE 379. The provisions contained in Articles 349 and
following shall be understood as equally applicable to those who,
although they do not personally effect the transportation of the
merchandise, contract to do so through others, either as contractors
for a particular and definite operation, or as agents for
transportations and conveyances.
In either case they shall be subrogated in the place of the carriers
themselves, with respect to the obligations and responsibility of the
latter, as well as with regard to their rights.
LAWS RELATED TO VESSELS AND SHIPPING IN THE
PHILIPPINES
CODE OF COMMERCE
Articles 573 to 579, 585, 589, 591 to 593, 606 to 608 of the Code
of Commerce
P a g e 11 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
If the sale is made after the vessel has arrived at the port of its
destination, the freightage shall pertain to the vendor, and the
payment of the crew and other individuals who make up its
complement shall be for his account, unless the contrary is stipulated
in either case.
ARTICLE 578. If the vessel being on a voyage or in a foreign
port, its owner or owners should voluntarily alienate it, either to
Filipinos or to foreigners domiciled in the capital or in a port of
another country, the bill of sale shall be executed before the consul
of the Republic of the Philippines at the port where it terminates its
voyage and said instrument shall produce no effect with respect to
third persons if it is not inscribed in the registry of the consulate. The
consul shall immediately forward a true copy of the instrument of
purchase and sale of the vessel to the registry of vessels of the port
where said vessel is inscribed and registered.
In every case the alienation of the vessel must be made to appear
with a statement of whether the vendor receives its price in whole or
in part, or whether he preserves in whole or in part any claim on said
vessel. In case the sale is made to a Filipino, this fact shall be stated
in the certificate of navigation.
When a vessel, being on a voyage, shall be rendered useless for
navigation, the captain shall apply to the competent judge on court of
the port of arrival, should it be in the Philippines; and should it be in
a foreign country, to the consul of the Republic of the Philippines,
should there be one, or, where there is none, to the judge or court or
to the local authority; and the consul, or the judge or court, shall
order an examination of the vessel to be made.
P a g e 16 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
(3) That the common carrier need not observe any diligence in
the custody of the goods;
(4) That the common carrier shall exercise a degree of diligence
less than that of a good father of a family, or of a man of ordinary
prudence in the vigilance over the movables transported;
(5) That the common carrier shall not be responsible for the acts
or omission of his or its employees;
(6) That the common carrier's liability for acts committed by
thieves, or of robbers who do not act with grave or irresistible threat,
violence or force, is dispensed with or diminished;
(7) That the common carrier is not responsible for the loss,
destruction, or deterioration of goods on account of the defective
condition of the car, vehicle, ship, airplane or other equipment used
in the contract of carriage.
ARTICLE 1746. An agreement limiting the common carrier's
liability may be annulled by the shipper or owner if the common
carrier refused to carry the goods unless the former agreed to such
stipulation.
ARTICLE 1747. If the common carrier, without just cause,
delays the transportation of the goods or changes the stipulated or
usual route, the contract limiting the common carrier's liability
cannot be availed of in case of the loss, destruction, or deterioration
of the goods.
ARTICLE 1748. An agreement limiting the common carrier's
liability for delay on account of strikes or riots is valid.
Safety of Passengers
ARTICLE 1755. A common carrier is bound to carry the
passengers safely as far as human care and foresight can provide,
using the utmost diligence of very cautious persons, with a due
regard for all the circumstances.
ARTICLE 1756. In case of death of or injuries to passengers,
common carriers are presumed to have been at fault or to have acted
negligently, unless they prove that they observed extraordinary
diligence as prescribed in articles 1733 and 1755.
ARTICLE 1757. The responsibility of a common carrier for the
safety of passengers as required in articles 1733 and 1755 cannot be
dispensed with or lessened by stipulation, by the posting of notices,
by statements on tickets, or otherwise.
ARTICLE 1758. When a passenger is carried gratuitously, a
stipulation limiting the common carrier's liability for negligence is
valid, but not for wilful acts or gross negligence.
The reduction of fare does not justify any limitation of the
common carrier's liability.
ARTICLE 1759. Common carriers are liable for the death of or
injuries to passengers through the negligence or wilful acts of the
former's employees, although such employees may have acted
beyond the scope of their authority or in violation of the orders of the
common carriers.
This liability of the common carriers does not cease upon proof
that they exercised all the diligence of a good father of a family in
the selection and supervision of their employees.
ARTICLE 1760. The common carrier's responsibility prescribed
in the preceding article cannot be eliminated or limited by
stipulation, by the posting of notices, by statements on the tickets or
otherwise.
ARTICLE 1761. The passenger must observe the diligence of a
good father of a family to avoid injury to himself.
ARTICLE 1762. The contributory negligence of the passenger
does not bar recovery of damages for his death or injuries, if the
proximate cause thereof is the negligence of the common carrier, but
the amount of damages shall be equitably reduced.
ARTICLE 1763. A common carrier is responsible for injuries
suffered by a passenger on account of the wilful acts or negligence of
other passengers or of strangers, if the common carrier's employees
through the exercise of the diligence of a good father of a family
could have prevented or stopped the act or omission.
SUBSECTION 4
Common Provisions
ARTICLE 1764. Damages in cases comprised in this Section
shall be awarded in accordance with Title XVIII of this Book,
concerning Damages. Article 2206 shall also apply to the death of a
passenger caused by the breach of contract by a common carrier.
P a g e 27 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
for the carriage of goods by sea to or from ports of the United States,
in foreign trade, shall have effect subject to the provisions of the Act.
TITLE I
Section 1. When used in this Act
(a) The term "carrier" includes the owner or the charterer who
enters into a contract of carriage with a shipper.
(b) The term "contract of carriage" applies only to contracts of
carriage covered by a bill of lading or any similar document of title,
insofar as such document relates to the carriage of goods by sea,
including any bill of lading or any similar document as aforesaid
issued under or pursuant to a charter party from the moment at which
such bill of lading or similar document of title regulates the relations
between a carrier and a holder of the same.
(c) The term "goods" includes goods, wares, merchandise, and
articles of every kind whatsoever, except live animals and cargo
which by the contract of carriage is stated as being carried on deck
and is so carried.
(d) The term "ship" means any vessel used for the carriage of
goods by sea.
(e) The term "carriage of goods" covers the period from the time
when the goods are loaded on to the time when they are discharged
from the ship.
RISKS
Section 2. Subject to the provisions of section 6, under every
contract of carriage of goods by sea, the carrier in relation to the
loading handling, stowage, carriage, custody, care, and discharge of
P a g e 30 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
The notice in writing need not be given if the state of the goods
has at the time of their receipt been the subject of joint survey or
inspection.
In any event the carrier and the ship shall be discharged from all
liability in respect of loss or damage unless suit is brought within
one year after delivery of the goods or the date when the goods
should have been delivered: Provided, That if a notice of loss or
damage, either apparent or concealed, is not given as provided for in
this section, that fact shall not affect or prejudice the right of the
shipper to bring suit within one year after the delivery of the goods
or the date when the goods should have been delivered
In the case of any actual or apprehended loss or damage the
carrier and the receiver shall give all reasonable facilities to each
other for inspecting and tallying the goods.
(7) After the goods are loaded the bill of lading to be issued by
the carrier, master, or agent of the carrier to the shipper shall, if the
shipper so demands, be a "shipped" bill of lading Provided, That if
the shipper shall have previously taken up any document of title to
such goods, he shall surrender the same as against the issue of the
"shipped" bill of lading, but at the option of the carrier such
document of title may be noted at the port of shipment by the carrier,
master, or agent with name or name the names of the ship or ships
upon which the goods have been shipped and the date or dates of
shipment, and when so noted the same shall for the purpose of this
section be deemed to constitute a "shipped" bill of lading.
thereto; or under the provisions of any other enactment for the time
being in force relating to the limitation of the liability of the owners
of seagoing vessels.
TITLE II
Section 9. Nothing contained in this Act shall be construed as
permitting a common carrier by water to discriminate between
competing shippers similarly place in time and circumstances, either
(a) with respect to the right to demand and receive bills of lading
subject to the provisions of this Act; or (b) when issuing such bills of
lading, either in the surrender of any of the carrier's rights and
immunities or in the increase of any of the carrier's responsibilities
and liabilities pursuant to section 6, title I, of this Act or (c) in any
other way prohibited by the Shipping Act, 1916, as amended.
Section 10. Section 25 of the Interstate Commerce Act is hereby
amended by adding the following proviso at the end of paragraph 4
thereof: "Provided, however, That insofar as any bill of lading
authorized hereunder relates to the carriage of goods by sea, such bill
of lading shall be subject to the provisions of the Carriage of Goods
by Sea Act."
Section 11. Where under the customs of any trade the weight of
any bulk cargo inserted in the bill of lading is a weight ascertained or
accepted by a third party other than the carrier or the shipper, and the
fact that the weight is so ascertained or accepted is stated in the bill
of lading, then, notwithstanding any thing in this Act, the bill of
lading shall not be deemed to be prima facie evidence against the
carrier of the receipt of goods of the weight so inserted in the bill of
P a g e 39 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
lading, and the accuracy thereof at the time of shipment shall not be
deemed to have been guaranteed by the shipper.
Section 12. Nothing in this Act shall be construed as superseding
any part of the Act entitled "An act relating to navigation of vessels,
bills of lading, and to certain obligations, duties, and rights in
connection with the carriage of property," approved February
13,1893, or of any other law which would be applicable in the
absence of this Act, insofar as they relate to the duties,
responsibilities, and liabilities of the ship or carrier prior to the time
when the goods are loaded on or after the time they are discharged
from the ship.
Section 13. This Act shall apply to all contracts for carriage of
goods by sea to or from ports of the United States in foreign trade.
As used in this Act the term "United States" includes its districts,
territories, and possessions: Provided, however, That the Philippine
legislature may by law exclude its application to transportation to or
from ports of the Philippine Islands. The term "foreign trade" means
the transportation of goods between the ports of the United States
and ports of foreign countries. Nothing in this Act shall be held to
apply to contracts for carriage of goods by sea between any port of
the United States or its possessions, and any other port of the United
States or its possession: Provided, however, That any bill of lading or
similar document of title which is evidence of a contract for the
carriage of goods by sea between such ports, containing an express
statement that it shall be subject to the provisions of this Act, shall be
subjected hereto as fully as if subject hereto as fully as if subject
hereto by the express provisions of this Act: Provided, further, That
every bill of lading or similar document of title which is evidence of
a contract for the carriage of goods by sea from ports of the United
P a g e 40 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Government, for the fiscal year ending June thirty, nineteen hundred
and fifty-six, and for each of the four fiscal years thereafter, the sum
of twenty million pesos annually for the construction, purchase, or
acquisition of ocean-going vessels for the purpose of resale, lease or
charter to persons, associations or corporations referred to in section
two of this Act. The fund may also be invested in loans to citizens of
the Philippines or to associations or corporations organized under the
laws of the Philippines, at least sixty per cent of the capital of which
is owned by citizens of the Philippines, for the purpose of financing
the construction, purchase, or acquisition and operation by such
citizens, associations or corporations of ocean-going vessels.
Section 4. The administration and investment of the annual sums
appropriated, pursuant to section three of this Act, shall be vested in
the National Development Company, which is hereby authorized and
empowered to acquire ocean-going vessels for resale upon an
irrevocable contract to purchase such vessels; to make from the said
sums the loans referred to above; to make or cause to be made
studies and investigations of the person or entity applying for the
loan of the shipping service to be established; and to determine the
advisability of making said loan.
Section 5. All loans authorized under this Act shall be upon the
security of a preferred mortgage on the vessel for the acquisition of
which such loans are made, including its equipment, and the
certificate or any other form of authorization for the operation of
such vessels and the shipping service of the borrower. All said loans
shall be self-liquidating within a period not to exceed twenty years
and shall bear interest at the rate of not more than four and one-half
per cent per annum: Provided, however, That such loans shall not
exceed seventy-five per cent of the cost of the vessels: Provided,
P a g e 44 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
whose vessel has been taken, and a third by the two so appointed.
The finding of such appraisers shall be final and binding upon both
parties.
Section 11. For the purpose of this Act, an ocean-going vessel of
Philippine registry is deemed to be engaged in international trade
when it undertakes the carriages of goods and/or passengers from the
Philippines to a foreign port, or from a foreign port to either another
port or a Philippine port.
Section 12. All dollars required by ocean-going vessels of
Philippine registry or by operators of ocean-going vessels of
Philippine registry for the purchase of vessels, repair and
improvement, engines, spare parts, accessories, supplies and other
expenses required for the operation of the vessels in foreign ports or
in the high seas, when recommended by the National Economic
Council, shall be made available by the Central Bank of the
Philippines or by any other agency in charge of dollar controls,
subject to the rules and regulations of the Central Bank, free of
exchange tax, and that all such engines, spare parts, accessories,
supplies and materials needed for the repair or construction of
vessels shall be exempt from the special import tax: Provided, That
previous certification by the National Shipyards and Steel
Corporation shall be issued to the effect that the above-mentioned
vessels, repair and improvement, engines, spare parts, accessories
and supplies cannot be furnished by the National Shipyards and Steel
Corporation. All dollars acquired or spent by the owners of said
vessels shall be properly accounted for to the Central Bank of the
Philippines or to any other agency in charge of dollar controls.
rear compartment thereof and that only such number of laborers, not
exceeding ten, as may be needed to handle the kind of freight
carried, shall ride on the truck: Provided, further, That the combined
weight of cargo and passengers does not exceed the registered net
capacity of the truck.
For the purpose of this section, a vehicle habitually used to carry
freight not belonging to the registered owner thereof, or passengers
not related by consanguinity or affinity within the fourth civil degree
to such owner, shall be conclusively presumed to be "for hire."
No person shall be allowed to register as private truck any truck
not actually and reasonably necessary to carry out his duly licensed
business or legitimate occupation or industry regularly paying taxes.
(d) Public utility automobiles;
(e) public utility trucks;
(f) taxis and auto-calesas;
(g) garage automobiles;
(h) garage trucks;
(i) hire trucks: and
(j) trucks owned by contractors and customs brokers and customs
agents. Application for registration under these classifications shall
be accompanied by a certificate of public convenience or a special
permit issued by the Public Service Commission, and motor vehicles
registered under these classifications shall be subject to the Public
Service Law, rules and regulations, as well as the provisions of this
Act.
(k) Undertakes
(l) Dealers - Registrations under this classification are intended
to cover generally and successively all the motor vehicles imported
or handled by dealers for sale. Motor vehicles registered under the
dealer's classification shall, under no circumstances, be employed to
carry passengers or freight in the dealer's business, or for hire. Such
P a g e 58 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
heavily
six
hundred
Overall length:
Freight vehicles with two axles ten meters
Passenger vehicles with two axles eleven meters
Vehicles with three or more axles fourteen meters
(c) No motor vehicle and/or trailer combination shall exceed
eighteen meters in overall projected length, including any load
carried on such vehicle and trailer.
(d) No articulated vehicles shall be allowed to draw or pull a
trailer and no vehicle already drawing a trailer shall draw another.
Section 10. Special permits, fees for. - The Commissioner with
the approval of the Secretary of Public Works and Communications,
shall issue regulations and schedules of additional fees under which
special permits may be issued in the discretion of the Commissioner
or his deputies for each of the following special cases, without which
special permit no vehicles shall be operated on the public highways:
(a) To operate a motor vehicle or trailer outfit with wheel, axle,
or axle group loads in excess of the limits fixed in subsection (a) of
Section nine hereof or in any regulation issued by the Commissioner.
(b) To operate a motor vehicle the size of which exceeds the limit
of permissible dimensions specified in paragraph (b) of Section nine
hereof.
(c) To operate a motor vehicle with any part of the load
extending beyond the projected width of the vehicle.
(d) To pull two trailers behind a motor vehicle.
(e) For any other special authority relating to the use of vehicles,
not otherwise specifically provided herein.
Section 11. Additional fees. - In addition to the fees elsewhere
provided in this Act, for each change of registration, from private to
for hire or vice-versa; revision of gross weight rating, change of tire
size; transfer of ownership; replacement of a lost registration
P a g e 64 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
line of other parts of the system will not affect all wheels but rather
render at all times effective the braking power of either the two front
wheels or the two rear wheels when brakes are applied. This
requirement, however, does not apply to motor vehicles equipped
with pneumatic braking system.
(b-1) Horns. - Every motor vehicle shall be provided with a horn
or signalling devise in good working order: Provided, however, That
no horn or signalling device emitting an exceptionally loud, startling,
or disagreeable sound shall be installed or used on any motor
vehicle.
All authorized emergency vehicles, such as ambulance and police
cars and fire wagons used for emergency calls shall be equipped with
a bell, siren, or exhaust whistle of a type approved by the
Commissioner, and no such device shall be installed or used in any
other vehicle.
No vehicle not classified as a motor vehicle under this Act shall
be equipped with a horn or signaling device similar to the horn
customarily used on motor vehicles.
(c) Headlights. - Every motor vehicle of more than one meter of
projected width, while in use on any public highway shall bear two
headlights, one on each side, with white or yellowish light visible
from the front, which, not later than one-half hour after sunset and
until at least one-half four before sunrise and whenever weather
conditions so require, shall both be lighted.
Additional lamps and light may be carried, but no red lights shall
be visible forward or ahead of the vehicle. Trucks, buses, trailers,
and other similar vehicles must carry, while in use on any public
highway during night-time, colored riding lights on each of the four
corners not more than ten centimeters from the top.
All motor vehicles shall be equipped with devices for varying the
intensity of light, and the driver must dim the headlights or tilt the
P a g e 79 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
beams downward whenever the vehicle is being operated on welllighted streets within the limits of cities, municipalities, and thickly
populated barrios or districts, or whenever such vehicle meets
another vehicle on any public highway.
(d) Taillights. - Every motor vehicle and trailer shall, during the
above-mentioned hours, also bear on each side in the rear a lamp
showing a red light visible at least one hundred meters from the rear
of the vehicle and a lamp throwing a white light upon the number
plate issued for such vehicle.
(e) Stop lights. - Every motor vehicle shall be equipped at the
rear with at least one lamp which shall throw a sustained bright red
light visible under all conditions, even under bright sunlight, when
the brakes are applied. Each bus, truck, trailer or similar vehicle shall
be equipped, as its stop light at or near its rear center, with a lamp at
least twelve centimeters in diameter with the word "stop" inscribed
in the center.
(f) Motorcycle and other vehicle lights. - Every motor vehicle of
less than one meter of projected width shall be subject to the
preceding provisions of this section, except that one headlight and
one taillight shall be required. No signal light shall be necessary.
Additional lamps may be carried provided they comply with the
preceding provisions of this section.
Every motor vehicle, or whatever style, kind, make, character, or
nature, when upon a highway during the hours above-mentioned,
whether in motion or not, shall have one or more lights so arranged
that the same shall be visible at least fifty meters from the front and
the rear of such vehicle.
(g) Lights when parked or disabled. - Appropriate parking lights
or flares visible one hundred meters away shall be displayed at a
corner of the vehicle whenever such vehicle is parked on highways
P a g e 80 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
a speed greater than will permit him to bring the vehicle to a stop
within the assured clear distance ahead.
(b) Subject to the provisions of the preceding paragraph, the rate
of speed of any motor vehicle shall not exceed the following:
MAXIMUM
ALLOWABLE
SPEEDS
Passengers
Cars and
Motorcycle
2.
On
"through 40 km. per hour
streets"
or
boulevards, clear of
traffic, with no "
blind corners," when
so designated.
"blind
corners,"
passing
school
zones, passing other
vehicles which are
stationery, or for
similar
dangerous
circumstances.
(c) The rates of speed hereinabove prescribed shall not apply to
the following:
(1) A physician or his driver when the former responds to
emergency calls;
(2) The driver of a hospital ambulance on the way to and from
the place of accident or other emergency;
(3) Any driver bringing a wounded or sick person for emergency
treatment to a hospital, clinic, or any other similar place;
(4) The driver of a motor vehicle belonging to the Armed Forces
while in use for official purposes in times of riot, insurrection or
invasion;
(5) The driver of a vehicle, when he or his passengers are in
pursuit of a criminal;
(6) A law-enforcement officer who is trying to overtake a violator
of traffic laws; and
(7) The driver officially operating a motor vehicle of any fire
department, provided that exemption shall not be construed to allow
unless or unnecessary fast driving of drivers aforementioned.
Section 36. Speed limits uniform throughout the Philippines. No provincial, city or municipal authority shall enact or enforce any
P a g e 83 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
(c) The driver of a vehicle shall not overtake or pass any other
vehicle proceeding in the same direction, at any railway grade
crossing, not at any intersection of highways unless such intersection
or crossing is controlled by traffic signal, or unless permitted to do so
by a watchman or a peace officer, except on a highway having two or
more lanes for movement of traffic in one direction where the driver
of a vehicle may overtake or pass another vehicle on the right.
Nothing in this section shall be construed to prohibit a driver
overtaking or passing upon the right another vehicle which is making
or about to make a left turn.
(d) The driver of a vehicle shall not overtake or pass, or attempt
to pass, any other vehicle, proceeding in the same direction, between
any points indicated by the placing of official temporary warning or
caution signs indicating that men are working on the highway.
(e) The driver of a vehicle shall not overtake or pass, or attempt
to overtake or pass, any other vehicle proceeding in the same
direction in any "no-passing or overtaking zone."
ARTICLE III
Right of Way and Signals
Section 42. Right of way.
(a) When two vehicles approach or enter an intersection at
approximately the same time, the driver of the vehicle on the left
shall yield the right of way to the vehicle on the right, except as
otherwise hereinafter provided. The driver of any vehicle traveling at
an unlawful speed shall forfeit any right of way which he might
otherwise have hereunder.
(b) The driver of a vehicle approaching but not having entered an
intersection, shall yield the right of way to a vehicle within such
intersection or turning therein to the left across the line of travel of
P a g e 86 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
made from the left lane of traffic in the direction in which the vehicle
is proceeding.
(c) For the purpose of this section, the center of the intersection
shall mean the meeting point of the medial lines of the highways
intersecting one another, except when it is occupied by a monument,
grass plot or any permanent structure, other than traffic control
device.
Section 46. Parking prohibited in specified places. - No driver
shall park a vehicle, or permit it to stand, whether attended or
unattended, upon a highway in any of the following places:
(a) Within an intersection
(b) On a crosswalk
(c) Within six meters of the intersection of curb lines.
(d) Within four meters of the driveway entrance to and fire
station.
(e) Within four meters of fire hydrant
(f) In front of a private driveway
(g) On the roadway side of any vehicle stopped or parked at the
curb or edge of the highway
(h) At any place where official signs have been erected
prohibiting parking.
Section 47. Parked vehicle. - Whenever a motor vehicle is
parked unattended on any highway, the driver thereof must turn off
the ignition switch and stop the motor and notch effectively the hand
brake.
ARTICLE V
Miscellaneous Traffic Rules
P a g e 89 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Penalties
Section 56. Penalty for violation. - The following penalties shall
be imposed for violations of this Act:
(a) For registering later than seven days after acquiring title to an
unregistered motor vehicle or after conversion of a registered motor
vehicle requiring larger registration fee than that for which it was
originally registered, or for renewal of a delinquent registration, the
penalty shall be a fine fifty per cent of the registration fees
corresponding to the portion of the year for which the vehicle is
registered for use.
(b) For failure to sign driver's license or to carry same while
driving, twenty pesos fine.
(c) Driving a vehicle with a delinquent or invalid driver's license,
fifty pesos fine.
(d) Driving a motor vehicle with delinquent, suspended or invalid
registration, or without registration or without the proper license
plate for the current year, three hundred pesos fine.
(e) Driving a motor vehicle without first securing a driver's
license, three hundred pesos fine.
(f) Driving a motor vehicle while under the influence of liquor or
narcotic drug, a fine of not less than two hundred pesos nor more
than five hundred pesos, or imprisonment of not more than three
months, or both, at the discretion of the Court.
(g) Violation of Section thirty-two, thirty-four (a), (b) and (b-1),
thirty-five and forty-six a fine not exceeding one hundred pesos:
Provided, however, That in the case of violation of Section 34 (b) the
vehicle or vehicles affected may not be allowed to operate unless the
requirements provided in this section are complied with.
(h) Violations of Sections forty-nine, fifty and fifty-two, a fine
not exceeding fifty pesos.
P a g e 92 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
(b) No taxes or fees other than those prescribed in this Act shall
be imposed for the registration or operation or on the ownership of
any motor vehicle, or for the exercise of the profession of chauffeur,
by any municipal corporation, the provisions of any city charter to
the contrary notwithstanding: Provided, however, That any
provincial board, city or municipal council or board or other
competent authority may enact and collect such reasonable and
equitable toll fees for the use of such bridges and ferries, within their
respective jurisdiction, as may be authorized and approved by the
Secretary of Public Works and Communications, and also for the use
of such public roads, as may be authorized by the President of the
Philippines upon recommendation of the Secretary of Public Works
and Communications, but in none of these cases shall any toll fees be
charged or collected until and unless the approved schedule of tolls
has been posted legibly in a conspicuous place at such toll station.
Section 60. The lien upon motor vehicles. - Any balance of fees
for registration, re-registration or delinquent registration of a motor
vehicle, remaining unpaid and all fines imposed upon any vehicle
owner, shall constitute a first lien upon the motor vehicle concerned.
The Commission is hereby vested with authority to issue a
warrant of constructive or actual distraint or and levy to any owner
of motor vehicle who has any balance of fees for registration, reregistration or delinquent registration of a motor vehicle remaining
unpaid, which upon demand by the Commissioner of the Land
Transportation Commission or any of his deputies executing such
warrant, the owner of the said vehicle shall surrender same at the
time demanded, except when the attachment or execution is under
any judicial process. Any owner who fails or refuses to surrender any
of such property or vehicle not so surrendered shall be punished by a
fine not exceeding the amount of the fees (including penalties and
P a g e 95 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
interests, if any) for the collection of which such warrant has been
issued, together with the costs and interests, if any, from the time of
such surrender. In addition, such owner shall punished by a fine of
not more than three hundred pesos or an imprisonment not more than
six months, or both.
Section 61. Disposal of monies collected. - Monies collected
under the provisions of this Act shall be deposited in a special trust
account in the National Treasury to constitute the Highway Special
Fund, which shall be apportioned and expended in accordance with
the provisions of the "Philippine Highway Act of 1953": Provided,
however, That the amount necessary to maintain and equip the Land
Transportation Commission but not to exceed fifteen per cent of the
total collections during any one year, shall be set aside for the
purpose.
ARTICLE III
Final Provisions
Section 62. No provincial board, city or municipal board or
council shall enact or enforce any ordinance or resolution in conflict
with the provisions of this Act, or prohibiting any deputy or agent of
the Commission to enforce this Act within their respective territorial
jurisdiction and the provisions of any charter to the contrary
notwithstanding.
Section 63. Repeal of laws and ordinances. - Act Numbered
Thirty-nine hundred ninety-two, as amended, and all laws, executive
orders, ordinances, resolutions, regulations, or parts thereof in
conflict with the provisions of this Act are repealed: Provided,
however, That nothing contained in this Act shall be construed as
P a g e 96 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
mortgage.
A copy of the instrument of mortgage shall be furnished the
Central Bank of the Philippines.
"c. Any mortgage, lien or encumbrance constituted in accordance
with this Act is a preferred mortgage and shall constitute a maritime
lien upon the mortgaged vessel in the amount of the outstanding
mortgage indebtedness secured by such vessel.
"d. A preferred mortgage shall have priority over all claims
against the vessel, except the following preferences in the order
stated:
1.
Judicial costs of the proceedings;
2.
Taxes due the Philippine Government;
3.
Salaries and wages of the Captain and Crew of the
vessel during its last voyage;
4.
General average or salvage including contract salvage;
bottomry loans; and indemnity due shippers for the value of
goods transported but which were not delivered to the consignee;
5.
Costs of repair and equipment of the vessel, and
provisioning of food, supplies and fuel during the last voyage;
and
6.
Preferred mortgages registered prior in time.
"e. The lien of a preferred mortgage may be enforced by suit in
term or otherwise in the Philippines, or in any foreign country in
which the vessel shall be found pursuant to the procedure of said
country for the enforcement of ship mortgages constituting maritime
liens on vessels documented under the laws of said country.
"f. After the bill of judicial sale at public auction has been
executed, all claims against the vessel in favor of the creditors shall
be considered extinguished, and such claim shall thereafter attach, in
like amount and in accordance with their respective priorities to the
proceeds of the sale.if the proceeds of the judicial sale should not be
P a g e 99 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
sufficient to pay all the creditors included in one number or grade, the
residue shall be divided among them pro rata. All credits not paid,
whether fully or partially, shall subsist as ordinary credits enforceable
by personal action against the debtor. The record of the judicial sale
shall be inscribed in the registry of vessels."
Sec. 2. The provisions of Commonwealth Act Numbered Six
hundred six, as amended by Republic Act Numbered Nine hundred
thirteen; the Code of Commerce, particularly Articles 580 and 584
thereof; and all other Acts, Executive Orders and regulations
inconsistent herewith are hereby repealed or modified accordingly.
Sec. 3. This Act shall take effect upon its approval.
Approved: August 4, 1969.
REPUBLIC ACT NO. 6374
AN ACT AMENDING REPUBLIC ACT NUMBERED FORTYONE HUNDRED THIRTY-SIX, KNOWN AS THE "LAND
TRANSPORTATION AND TRAFFIC CODE"
Section 1. Paragraph (a) and (c) of Section four of Republic Act
Numbered Forty one hundred thirty-six, otherwise known as the
Land Transportation and Traffic Code, are hereby amended to read as
follows:
"Sec. 4. (a) There is created under the Department of Public
Works and Communications an office which shall be designated and
known as the Land Transportation Commission, composed of one
Commissioner and one Deputy Commissioner, who shall be vested
P a g e 100 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
with the powers and duties hereafter specified. Whenever the word
"Commission" is used in this Act, it shall be deemed to mean the
Land Transportation Commission, and whenever the word
"Commissioner" is used in this Act, it shall be taken to mean the
Commissioner or Deputy Commissioner, as the case may be.
"(c) The Commissioner shall receive an annual compensation of
twenty thousand five hundred eighty pesos and the Deputy
Commissioner, an annual compensation of eighteen thousand six
hundred thirty-six pesos. The Commissioner shall be assisted by one
head executive assistant (MV regulation adviser or chief), one
administrative officer, one registration regulation chief, one
inspection, examination and licensing regulation chief, one law and
traffic enforcement regulation chief, one provincial regulation chief,
one utility and property regulation chief, one accounting officer, one
internal chief auditor, one personnel officer III, one budget officer
IV, and one chief medical division IV, who shall receive an annual
compensation of fifteen thousand two hundred sixty-four pesos each;
ten land transportation regional directors who shall receive an annual
compensation of fourteen thousand five hundred thirty-two pesos
each; ten transportation assistant regional directors, who shall
receive an annual compensation of eleven thousand three hundred
twenty-eight pesos each; and ten land transportation assistant
regulation chiefs, who shall receive an annual compensation of
thirteen thousand one hundred fifty-two pesos each; provided, that
the assistant chiefs of divisions shall receive an annual compensation
of twelve thousand five hundred sixteen pesos each; the chiefs of
sections, district supervisors, and land transportation registrars III
shall receive an annual compensation of ten thousand two hundred
sixty pesos each; the assistant district supervisors and land
transportation registrars II shall receive an annual compensation of
P a g e 101 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
year of registry, a fee of not more than 15% higher than the
acquisition cost.
Section 2. Section 4 of Presidential Decree No. 98 shall read as
follows:
Section 4 Republic Act No. 4136 is hereby amended
accordingly and Republic Act No. 5715 hereby repealed, effective
January 1, 1974.
Done in the City of Manila, this 25th day of January, in the year
of Our Lord, nineteen hundred and seventy-three.
PRESIDENTIAL DECREE No. 760
ALLOWING THE TEMPORARY REGISTRATION OF
FOREIGN-OWNED VESSELS UNDER TIME CHARTER OR
LEASE TO PHILIPPINE NATIONALS FOR USE IN THE
PHILIPPINE COASTWISE TRADE SUBJECT TO CERTAIN
CONDITIONS
WHEREAS, in the interest of the national economy, it is
imperative that Philippine domestic shipping be expanded to meet
the ever-increasing inter-island cargo and passenger traffic;
WHEREAS, due to the heavy capital requirements of the
shipping industry, local ship owners and operators cannot raise
sufficient financial resources to acquire new tonnage to replace their
uneconomic and over aged fleet; and
WHEREAS, in order to alleviate the present plight of domestic
shipping, it is necessary to temporarily relax certain aspects of the
P a g e 105 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
is
need
to
discourage
uneconomic
200.00
385.00
630.00
(c) Private motor trucks, passenger buses and trailers with solid
rubber tires or with part-solid and part-pneumatic rubber tires, the
sum of seven pesos for every hundred kilograms of maximum
allowable gross weight or fraction thereof.
(d) Private motorcycles and scooters of two or three wheels and
bicycles with motor attachments, the sum of thirty pesos.
(e) The fee for registration of motor vehicles for hire shall be
sixty per cent more than the fee prescribed for private motor vehicles
of the same category.
(f) The fee for registration of diesel-oil-consuming vehicles shall
be fifty per cent more than that of vehicles using motor fuel other
than diesel oil. The fee for registration of motor vehicles for hire
shall be sixty per cent more than the fees prescribed for private
motor vehicles.
(g) No regular registration fees shall be charged for the general
registration of motor vehicles contemplated under the dealer's
classification: Provided, That the Commissioner of Land
Transportation shall provide appropriate dealer's number plates
corresponding to the classification of vehicles hereinbelow
described, and registration fee for every set of such dealer's number
plates shall be in accordance with the following schedule of rates:
Two hundred pesos for each truck or trailer;
One hundred pesos for each passenger automobile; and
Twenty pesos for each motorcycle and the like.
(h) Registration under the "Government Motor Vehicle"
classification shall be free of charge, upon request of the chief of
bureau or office concerned.
(i) Motor vehicles not intended to be operated or used upon any
public highway, or which are operated on highways not constructed
or maintained by the Government, or are intended not to be used or
operated at all, shall be exempt from payment of the registration fees
P a g e 113 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
provided in this Act, but shall each pay an annual recording and
service fee of fifteen pesos: Provided, however, That no refund,
credit for, or reimbursement of registration fees or part thereof shall
be made to any owner on account of the discontinuance of the use or
operation of a motor vehicle subsequent to the payment of such
registration fees: Provided, however, That in the event motor
vehicles exempted under this section shall be found operated on any
public highways, the regular registration fees and surcharges shall be
collected in addition to whatever penalties may be imposed for
violation of this Act. The Commissioner of Land Transportation shall
provide distinctive number plates for vehicles exempted from
payment of regular registration fees, and the owner of the vehicles
concerned shall pay four pesos for each set of such number plates.
(j) The maximum allowable gross weight of a motor truck,
passenger bus, or trailer, upon which to compute the registration fee
thereof, shall be determined by the Commissioner of Land
Transportation. He shall, from time to time as the need of the service
may require, prepare, subject to the approval of the Secretary of
Public Works and Communications, suitable tables of maximum
allowable loads per wheel for different sizes and kinds of tires.
(k) The registration fees provided in this Act for trucks may be
payable in two equal installments, the first to be paid on or before the
last working day of February if for hire, and in March if private; and
the second to be paid on or before the last working day of August:
Provided, That the fifty per cent penalty shall apply only to the
unpaid balance of the remaining period of delinquency.
Section 2. In addition to the registration fee imposed under
Section 8 of Republic Act No. 4136, as amended, there shall be
levied, assessed and collected annually on every private passenger
automobile to be paid by the owner thereof prior to the registration
P a g e 114 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
1 per cent
(d) Private motor tricycles for three wheels the sum of P30.00
and private motorcycles, scooters and bicycles with motor
attachments, of two wheels, the sum of P50.00.
Section 2. Section 8, paragraph (i) of the same Act is hereby
amended to read as follows:
(1) Motor vehicles not intended to be operated or used upon any
public highway, or which are operated on highways not constructed
or maintained by the government, or are intended not to be used or
operated at all, shall be exempt from payment of the registration fees
provided in this Act, but shall each pay an annual recording and
service fee of fifteen pesos: Provided however, That no refund, credit
for, or reimbursement of registration fees or part thereof shall be
made to any owner on account of the discontinuance of the use or
operation of a motor vehicle subsequent to the payment of such
registration fees: Provided, however, That in the event motor
vehicles exempted under this section shall be found operated on any
public highway, the regular registration fees and surcharges shall be
collected in addition to whatever penalties may be imposed for
violation of this Act. The Commissioner of Land Transportation shall
provide distinctive number plates for vehicles exempted from
payment of regular registration fees, and the owner of the vehicles
concerned shall pay a plate fee as prescribed by the Land
Transportation Commission.
Section 3. Section 8, paragraph (k) of the same Act is hereby
amended to read as follows:
(k) The registration fees provided in this Act for trucks may be
payable in two equal installments, the first to be paid on or before the
last working day of March whether for hire or private; and the
second to be paid on or before the last working day of August;
P a g e 117 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Provided, That the fifty per cent penalty shall apply only to the
unpaid balance of the remaining period of delinquency.
Section 4. This Decree shall take effect immediately.
Done in the City of Manila, this 26th day February, in the year of
Our Lord, nineteen hundred and seventy-six.
PRESIDENTIAL DECREE No. 1057
AMENDING REPUBLIC ACT NO. 4136, OTHERWISE
KNOWN AS THE LAND TRANSPORTATION AND TRAFFIC
CODE
I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby
order and decree:
Section 1. Section 7, classification (m), (n) and (o) of Republic
Act No. 4136, is hereby amended to read as follows:
xxx
(m) Government automobiles; (n) government trucks; and (o)
government motorcycles. Motor vehicles owned by the Government
of the Philippines or any of its political subdivisions and those
belonging to the government-owned and/or controlled corporations
shall be registered under this classification although the latter may
under their respective charters pay registration fees.
xxx
Section 2. This Decree shall take effect immediately.
case such mortgage does not provide for the separate discharge of a
vessel and the vessel is to be sold upon the order of a district court of
the Philippines in a suit in rem in admiralty, the court shall determine
the portion of the mortgage indebtedness increased by 20 per centum
(1) which, in the opinion of the court, the approximate value of all
the vessels covered by the mortgage, and (2) upon the payment of
which the vessel shall be discharged from the mortgage.
Section 5. Certified Copies of Mortgage; exhibition. The Coast
Guard District or Station Commander upon the recording of a
preferred mortgage shall deliver two certified copies thereof to the
mortgagor who shall place, and use due diligence to retain, one copy
on board the mortgaged vessel notice of which shall be posted in a
conspicuous place thereat and cause such copy and the documents of
the vessel to be exhibited by the master to any person having
business with the vessel, which give rise to a maritime lien upon the
vessel or to the sale, conveyance, or mortgage thereof. The master of
the vessel shall upon the request of any such person, exhibit to him
the documents of the vessel placed on board thereof. The
requirement of this Section that a copy of a preferred mortgage be
placed and retained on board the mortgaged vessel shall not apply in
the case of a mortgaged vessel which is not self-propelled (including
but not limited to, barges, scors, lighters, and car floats).
If the master of the vessel willfully fails to exhibit the documents
of the vessel or the copy of any preferred mortgage thereof, the
Philippine Coast Guard may suspend or cancel the master's license.
Section 6. Prior and Subsequent Maritime Liens on Mortgaged
Vessel. The mortgagor (1) shall, upon request of the mortgagee,
disclose in writing to him prior to the execution of any preferred
P a g e 123 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
in accordance with the laws of the foreign nation under the laws of
which the vessel is documented and has been duly registered in
accordance with such laws in a public register either at the port of
registry of the vessel or at a central office; and the term "preferred
mortgage lien" shall also include the lien of such mortgage,
hypothecation, or similar charge: Provided, however, That such
"preferred mortgage lien" in the case of a foreign vessel shall be
subordinate to maritime liens for repairs, supplies, towage, use of
drydock or marine railway, or other necessaries, performed or
supplied in the Philippines.
Section 16. Receiver in Foreclosure; possession by sheriff In any
suit in rem in admiralty for the enforcement of the preferred
mortgage lien, the court may appoint a receiver and, in its discretion,
authorize the receiver to operate the mortgaged vessel. The sheriff
may be authorized and directed by the court to take possession of the
mortgaged vessel notwithstanding the fact that the vessel is in the
possession or under the control of any person claiming a possessory
common law lien.
Section 17. Preferred Maritime Lien, Priorities, Other Liens (a)
Upon the sale of any mortgaged vessel in any extra-judicial sale or
by order of a district court of the Philippines in any suit in rem in
admiralty for the enforcement of a preferred mortgage lien thereon,
all pre-existing claims in the vessel, including any possessory
common-law lien of which a lienor is deprived under the provisions
of Section 16 of this Decree, shall be held terminated and shall
thereafter attach in like amount and in accordance with the priorities
established herein to the proceeds of the sale. The preferred
mortgage lien shall have priority over all claims against the vessel,
except the following claims in the order stated: (1) expenses and fees
P a g e 130 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
allowed and costs taxed by the court and taxes due to the
Government; (2) crew's wages; (3) general average; (4) salvage;
including contract salvage; (5) maritime liens arising prior in time to
the recording of the preferred mortgage; (6) damages arising out of
tort; and (7) preferred mortgage registered prior in time.
(b) If the proceeds of the sale should not be sufficient to pay all
creditors included in one number or grade, the residue shall be
divided among them pro rata. All credits not paid, whether fully or
partially shall subsist as ordinary credits enforceable by personal
action against the debtor. The record of judicial sale or sale by public
auction shall be recorded in the Record of Transfers and
Encumbrances of Vessels in the port of documentation.
Section 18. Suit in Personam in Admiralty on Default
(a) Upon the default of any term or condition of a preferred
mortgage upon a vessel, the mortgagee may, in addition to all other
remedies granted by this Decree, bring suit in personal in admiralty
in a district court of the Philippines, against the mortgagor for the
amount of the outstanding mortgage indebtedness secured by such
vessel or any deficiency in the full payment thereof.
(b) This Decree shall not be construed, in the case of a mortgage
covering, in addition to vessels, realty or personality other than
vessels, or both, to authorize the enforcement by suit in rem in
admiralty of the rights of the mortgage in respect to such realty or
personality other than vessels.
Section 19. Surrender of Documents; termination of mortgagee's
interest; sale of mortgaged vessel
(a) The documents of a vessel of the Philippines covered by a
preferred mortgaged may not be surrendered (except in the case of
the forfeiture of the vessel or its sale by the order of any court of the
P a g e 131 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
dry dock or marine railway, and other necessaries for the vessel: The
managing owner, ship's husband, master or any person to whom the
management of the vessel at the port of supply is entrusted. No
person tortuously or unlawfully in possession or charge of a vessel
shall have authority to bind the vessel.
Section 23. Notice to Person Furnishing Repairs, Supplies, and
Necessaries The officers and agents of a vessel specified in Section
22 of this Decree shall be taken to include such officers and agents
when appointed by a character, by an owner pro hac vice, or by an
agreed purchaser in possession of the vessel; but nothing in this
Decree shall be construed to confer a lien when the furnisher know,
or by exercise of reasonable diligence could have ascertained, that
because of the terms of a charter party, agreement for sale of the
vessel, or for any other reason, the person ordering the repairs,
supplies, or other necessaries was without authority to bind the
vessel therefor.
Section 24. Waiver of Right to Lien Nothing in this Decree shall
be construed to prevent the furnisher of repairs, supplies, towage, use
of dry dock or marine railway, or other necessaries, or the
mortgagee, from waiving his right to a lien, or in the case of a
preferred mortgage lien, to the preferred status of such lien, at any
time by agreement or otherwise.
Section 25. Existing Mortgages Not Affected; exception This
Decree shall not apply (1) to any existing mortgage, or (2) to any
mortgage hereafter placed at any vessel under an existing mortgage,
so long as such existing mortgage remains undischarged. The Decree
shall, however, apply to mortgages executed pursuant to Presidential
P a g e 134 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Decree No. 214, provided, that no vested rights of third parties are
affected thereby.
Section 26. Rules and Regulations by Philippine Coast Guard
and the Maritime Industry Authority The Philippine Coast Guard and
the Maritime Industry Authority are hereby authorized to make such
rules and regulations within their respective spheres of jurisdiction,
as they may deem necessary for the efficient execution of the
provisions of this Decree.
Section 27. Port of Documentation Whenever in the Ship
Mortgage Decree of 1978 the words "port of documentation" are
used, they shall be deemed to mean the port of registry of the vessel.
Section 28. Instruments and Acts Validated All mortgages of any
vessel of any part thereof, and all documentations, recordations,
indorsements and indexing thereof, and proceedings incidental
thereto made or done, prior to the effectivity of this Decree are
declared valid to the extent they would have been valid if the port or
ports at which it should have been documented in accordance with
law; and this Section is declared retroactive so as to accomplish such
validations: Provided, That nothing herein contained shall be
construed to deprive any person of any vested right.
Section 29. Repealing Clause The provisions of the New Civil
Code, the Code of Commerce, the Chattel Mortgage Law, the
Revised Rules of Court and of such other laws, decrees, executive
orders, rules and regulations which are in conflict or inconsistent
with the provisions of this Decree are hereby repealed, amended or
modified accordingly. If for any reason, any section, subsection,
sentence, clauses or term of this Decree is held to be unconstitutional
P a g e 135 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
such decision shall not affect the validity of the other provisions of
this Decree.
Section 30. Effectivity This Decree shall take a effect upon its
approval.
Done in the City of Manila, this 11th day of June, in the year of
Our Lord, nineteen hundred and seventy-eight.
BATAS PAMBANSA BILANG. 43
AN ACT PROVIDING FOR THE ISSUANCE OF
PERMANENT NUMBER PLATES TO OWNERS OF MOTOR
VEHICLES AND TRAILERS, AMENDING FOR THE
PURPOSE SECTION SEVENTEEN OF REPUBLIC ACT
NUMBERED FORTY-ONE HUNDRED AND THIRTY-SIX
Section 1. Section seventeen of Republic Act Numbered Fortyone hundred and thirty-six otherwise known as the Land
Transportation and Traffic Code, is hereby amended to read as
follows:
"Sec. 17. Number plates, preparation and issuance of.
"The Bureau of Land Transportation shall cause reflective
number plates to be prepared and issued to owners of motor vehicles
and trailers registered and recorded in the Bureau of Land
Transportation under this Act, as amended, for a reasonable fee:
Provided, That the fee shall be subject to the approval of the Minister
of Transportation and Communications in consultation with the
Minister of Finance, and, Provided, further, That the identification,
numbers and letters of any motor vehicle number plate shall be
P a g e 136 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
the motor vehicle displays the number plates for the current year of
some other country or state, and said number plates as well as the
name and address (permanent and temporary) of the thereof are
registered in the Bureau of Land Transportation prior to the operation
of the motor vehicle.
"If such tourists remain in the Philippines longer than ninety (90)
days, the motor vehicle shall not be operated unless registered in
accordance with this Act and the corresponding registration fees
paid."
"Sec. 8. Schedule of Registration Fees. Except as otherwise
specifically provided in this Act, each application for registration of
motor vehicles shall be accompanied by an annual registration fee in
accordance with a schedule to be prepared by the Bureau of Land
Transportation subject to the approval of the Minister of
Transportation and Communications in consultation with the
Minister of Finance. The fees in the schedule shall be fixed on the
basis of the model, body configuration, weight, cubic displacement
or number of cylinders of the motor vehicle and other relevant
factors. Said schedule shall not be changed more often than once
every three (3) years, and only upon due notice given to the public at
least ninety (90) calendar days before the effectivity of such
schedule: "Provided, however, That beginning the calendar year
1981 and until changed pursuant to this section, the schedule of
registration fees shall be as follows:
Type Gas Diesel
Bantam Cars 0-1600 cc Private P300.00 P250.00
For Hire 450.00 400.00
Light Cars 1601-1280 cc Private 600.00 550.00
For Hire 900.00 800.00
P a g e 141 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
suffered any injury or illness that impairs his ability to operate motor
vehicles, he shall be required to undergo a theoretical and practical
examination in order to determine his ability and fitness to operate
motor vehicles.
"Lost License. In case the license has been lost or cannot be
produced, the licensee shall apply for a duplicate of the original on
file with the Bureau by filing a sworn statement that such license has
been lost and that a thorough and diligent search was futile and in
accordance with the procedure which the Director is hereby
authorized to promulgate, subject to the approval of the Minister of
Transportation and Communications.
"The Director or his deputies are hereby authorized to administer
the oath in connection with such application."
Sec. 7. Section twenty-seven of the same Act is hereby amended
to read as follows:
"Sec. 27. Authority to suspend, revoke and reinstate driver's
license. Without prejudice to the authority of the court in
appropriate cases and except as herein otherwise provided, the
Director shall have exclusive power and authority to suspend or
revoke for cause any driver's license issued under the provisions of
this Act.
"(a) The Director may suspend for a period not exceeding three
months or, after hearing, revoke any driver's license and may order
such license, whether confiscated by, and/or in the possession of, any
other law enforcement agencies deputized in accordance with
paragraph (d) (1) of Section four of this Act, to be delivered to him
whenever he has reason to believe that the holder thereof is an
improper person to operate motor vehicles, or in operating or using a
motor vehicle in, or as an accessory to, the commission of any crime
or act which endangers the public. Any deputy of the Director may.
P a g e 148 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
for the same cause, suspend for a period not exceeding three months
any driver's license issued under the provisions of this Act; Provided,
that such suspension may be appealed to the Director who may, after
reviewing the case, confirm, reverse or modify the action taken by
such deputy.
"(b) Whenever during any twelve-month period a driver shall
have been convicted at least three times for the violations of any
provisions of this Act or of any regulations issued by the Director or
any municipal or city ordinance relating to motor vehicle traffic not
in conflict with any of the provisions of this Act, the Director may
revoke or suspend the license of such driver for a period not
exceeding two years.
"(c) The license suspended or revoked under the provisions of
subsections (a) and (b) of this section shall not be reinstated by the
Director, unless the driver has furnished a bond in accordance with
Section twenty-nine of this Act and only after the Director has
satisfied himself that such driver may again safely be permitted to
operate a motor vehicle.
"(d) A decision of the Director revoking or refusing the
reinstatement of a license under the provisions of this section may be
appealed to the Minister of Transportation and Communications."
Sec. 8. Section twenty-eight of the same Act is hereby amended
to read as follows:
"Sec. 28. Driver's bond. The Director before reinstating any
driver's license which has been suspended or revoked under the
provisions of the preceding section or of any provisions of this Act,
may require such driver to post a bond in the sum of five thousand
pesos conditioned upon the satisfaction and payment of any claim
which may be filed or of any execution which may be issued against
such driver in any case wherein said driver may be held answerable
P a g e 149 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Sec. 10. Section thirty of the same Act is hereby amended to read
as follows:
"Sec. 30. Student-driver's permit. Upon proper application and
the payment of the fee prescribed in accordance with law, the
Director or his deputies may issue student-driver's permits, valid for
one year to persons not under sixteen years of age, who desire to
learn to operate motor vehicles.
"A student-driver who fails in the examination on a professional
or non-professional license shall continue as a student-driver and
shall not be allowed to take another examination at least one month
thereafter. No student-driver shall operate a motor vehicle, unless
possessed of a valid student-driver's permit and accompanied by a
duly licensed driver.
"The licensed driver duly accredited by the Bureau, acting as
instructor to the student-driver, shall be equally responsible and
liable as the latter for any violation of the provisions of this Act and
for any injury or damage done by the motor vehicle on account or as
a result of its operation by a student-driver under his direction."
Sec. 11. Section thirty-two of the same Act is amended to read as
follows:
"Sec. 32. (a) Exceeding registered capacity, issuance of
conductor's license, validity and fee. No person operating any
motor vehicle shall allow more passengers or more freight or cargo
in his vehicle than its registered carrying capacity. In the case of
public utility trucks or buses, the conductor shall be exclusively
liable for the violations of this section or of Section thirty-two, letter
(c) hereof: Provided, That the conductor before being employed by
any public service operator shall get a permit or license from the
Bureau and pay the fee prescribed in accordance with law, for said
P a g e 151 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
license or permit issued in his favor, which shall be valid for three
years, and the same is renewable on or before the last working day
prior to or on his birthdate, attaching a readily recognizable
photograph taken by the Bureau and after presentation of a medical
certificate of fitness of applicant.
"Passenger trucks may be allowed to construct any cargocarrying device at the rear or at the side of the truck, subject to the
approval of the Director: Provided, however, That the total weight of
the device, including the cargo, shall not exceed one hundred kilos.
"(b) Carrying of passengers and freight on top of vehicles. No
person operating a motor vehicle shall allow any passenger to ride on
the cover or top of such vehicles: Provided, however, That, subject to
such conditions as may be contained in permits that may be issued
by the Director, baggage or freight may be carried on the top of a
truck so long as the weight thereof does not exceed twenty kilos per
square meter and is distributed in such a manner as not to endanger
the passengers or stability of the truck.
"(c) Riding on running boards. No driver shall allow any
person to ride on the running board, step board, or mudguard of his
motor vehicle for any purpose while the vehicle in motion.
Sec. 12. Section fifty-six of the same Act is amended to read as
follows:
"Sec. 56. Penalty for violation. The following penalties shall
be imposed for violations of this Act:
"(a) For registering later than seven days after acquiring title to
an unregistered motor vehicle or after conversion of a registered
motor vehicle requiring larger registration fee than for which it was
originally registered, or for a renewal of a delinquent registration, the
penalty shall be a fine of fifty per cent of the registration fees
P a g e 152 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
r Cars
Light (01600cc)
Medium 2000
200
(1601cc0
2800cc)
Heavy
4000
400
(2800cc
0
and
above)
Private 1000
Utility
(regardles
Vehicles s of age
(2700 kg of
GVW and vehicle)
below)
font size
Print
REORGANIZING
THE
MINISTRY
OF
TRANSPORTATION
AND
COMMUNICATIONS
DEFINING ITS POWERS AND FUNCTIONS AND FOR
OTHER
PURPOSE
RECALLING that the reorganization of the government is mandated
expressly in Article II, Section 1(a), and Article III of the Freedom
Constitution:
HAVING IN MIND that pursuant to Executive Order No. 5 (1996), it
is directed that necessary and proper changes in the organizational
P a g e 158 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Mindanao
Regional
Offices.
The
Bureau
shall
be
essentially
staff
in
character.
10. Establish, prescribe and regulate routes, zones and /or areas
of operation of particular operators of public water services;
11. Issue certificates of public convenience for the operation of
domestic and overseas water carriers;
12. Register vessels as well as issue certificates, licenses or
documents necessary or incident thereto;
13. Undertake the safety regulatory functions pertaining to
vessels construction and operations including the determination of
manning levels and issuance of certificates competency to seamen;
14. Enforce laws, prescribe and enforce rules and regulation,
including penalties for violation thereof, governing water
transportation and the Philippine merchant marine with the aid of
other law enforcement agencies;
15. Undertake the issuance of licenses to qualified seamen and
harbor, bay and river pilots;
16. Determine, fix and/or prescribe charges and/or rates pertinent
to the operation of public water transport utilities, facilitate all
services except in cases where charges or rates are established by
international bodies or association of which the Philippine is a
participating member or by bodies or association recognized by the
Philippine Government as the proper arbiter of such charges or rates;
17. Accredit marine surveyors and maritime enterprises engaged
in shipbuilding, ship repair, ship breaking, domestic and overseas
shipping, ship management and agency;
P a g e 169 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
benefits to which they may be entitled under existing laws, rules and
regulations. Otherwise, they shall be paid the equivalent of one
month basic salary for every year of service, or the equivalent
nearest fraction thereof favorable to them on the basis of the highest
salary received, but in no case shall such payment exceed the
equivalent
of
12
months
salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/ replacement
of any office or employee effected under this Executive Order.
SECTION 21. Prohibition Against Changes. No changes in the
reorganization herein prescribe shall be valid except upon prior
approval of the President for the purposes of promoting efficiency
and effectiveness in the delivery of public services.
SECTION 22. Implementing Authority of Ministry. The Minister
shall issue such orders, rules, regulations and other issuance's as may
be necessary to ensure to the effective implementation of the
provisions
of
this
Executive
Order.
SECTION 23. Notice or Consent Requirements. If any
reorganization change herein authorized is of such substance or
materiality as to prejudice third person with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any
of such creditors, such notice or consent requirements shall be
complied with prior to the implementation or such reorganization
change.
SECTION 24. Funding. Funds needed to carry out the provisions of
P a g e 178 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
OF
(a) The entire net income, after deducting not more than ten
percent (10%) thereof for distribution of profits or declaration of
dividends, which would otherwise be taxable under the provisions of
Title II of the National Internal Revenue Code, is reinvested for the
construction, purchase, or acquisition of vessels and related
equipment and/or in the improvement of modernization of its vessels
and related equipment in accordance with the regulations; and
(b) The cumulative amount so reinvested shall not be withdrawn
for a period of ten (10) years after the expiration of the period of
income tax exemption or until the vessel or related equipment so
acquired have been fully paid, whichever date comes earlier. Any
amount not so invested or withdrawn prior to the expiration of the
period stipulated herein shall subject to the corresponding income
tax, including penalties, surcharges and interests.
SECTION 8. Registration and Deletion of Vessels. All vessels
owned by Philippine shipping enterprises and availing of the
incentives under this Act shall be registered under the Philippine
flag. Said vessels can only be deleted from the Philippine registry
after the MARINA has determined that:
(a) No other Philippine shipping enterprise is interested in
acquiring the vessel; or
(b) The vessel has to be scrapped.
SECTION 9. Requisition of Vessels. The President of the
Philippines may, in times of war and other national emergency,
requisition absolutely or temporarily, for any naval or military
purpose, any and all vessels of the Philippine registry. The
Government shall pay the owner or operator of the vessel, based on
normal conditions at the time of requisition;
(a) The fair market value, if the vessel is taken absolutely, or
P a g e 183 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
of this Act. Within sixty (60) days from the effectivity of this Act, the
LTO shall formulate and issue the necessary implementing rules,
regulations and guidelines and shall mobilize available resources to
assure the effective implementation of this Act: Provided, That the
LTO or its successor tasked with the implementation of this Act may
require the use of special car seats for infants, if it is deemed
necessary.
Section 12. Penalties and Fines. In the enforcement of this
Act, the LTO shall impose fines against drivers, operators, owners of
vehicles, manufacturers, assemblers, importers and/or distributors for
violation of this Act.
The following shall be the basis in defining fine and penalty
provisions of the IRR to be promulgated pursuant to Section 11
hereof, provided that six (6) months grace period shall be allowed to
lapse to conduct a nationwide information campaign:
(1) On the driver
(a) For failure to wear the prescribed seat belt devices and/or
failure to require his passengers to wear the prescribed seat belt
device, a minimum fine of One hundred pesos (P100) but not to
exceed One thousand pesos (P1,000) for the first violation; a
minimum fine of Two hundred pesos (P200) but not to exceed Two
thousand pesos (P2,000) for the second violation; and a minimum
fine of Five hundred pesos (P500) but not to exceed Five thousand
pesos (P5,000) and suspension of driver's license for a period of one
(1) week for the third and succeeding violations;
(b) Public utility vehicles shall post appropriate signages
instructing front seat
passengers to wear seat belts when inside the vehicle. Noncompliance hereof will hold both the driver and the operator liable
and shall be fined a minimum of Three hundred pesos (P300) but not
to exceed Three thousand pesos (P3,000) for every violation; and
P a g e 191 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
(10) years from the effectivity of this Act, both the vendor and the
transferee or assignee shall be solidarily liable to pay twice the
amount of the value-added tax waived: Provided, finally. That the
sale, transfer or disposition made after ten (10) years from the
effectivity of this Act shall be made by informing MARINA in
writing. The purchasers, transferees, or recipients shall be considered
the importers thereof, who shall be liable for any internal revenue tax
on such importation. The tax due on such importation shall constitute
a lien on the article itself, and such lien shall be superior to all
charges or liens on the goods, irrespective of the possessor thereof.
The Bureau of Internal Revenue (BIR) shall be furnished with notice
of actions taken by the MARINA.
(c) Net operating loss carry over. A net operating loss in any
taxable year immediately preceding the current taxable year, which
had not been previously offset as a deduction from gross income
shall be carried over for the next three (3) consecutive taxable years
immediately following the year of such loss subject to the pertinent
provisions of the National Internal Revenue Code of 1997, as
amended.
(d) Accelerated depreciation. Fixed assets my be depreciated as
follows:
(i) To the extent of not more than twice as fast as the normal rate
of depreciation or depreciated at normal rate of depreciation if the
expected life is ten (100 years or less; or
(ii) Depreciation over any number of years between five (5) years
and the expected life if the latter is more than ten (10) years, and the
depreciation thereon allowed as deduction from taxable Income:
Provided, That the domestic shipping operator notifies the BIR at the
beginning of the depreciation period which depreciation rate allowed
by this section will be used.
P a g e 199 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
CHAPTER III
DEREGULATION OF THE DOMESTIC SHIPPING
INDUSTRY-AUTHORITY OF THE MARITIME INDUSTRY
AUTHORITY
SEC. 5. Authority to Operate. - No franchise, certificate or any
other form authorization for the carriage of cargo or passenger, or
both in the domestic trade, shall be granted except of domestic ship
owners or operators.
SEC. 6. Foreign Vessels Engaged in Trade and Commerce in
the Philippines Territorial Waters. - No foreign vessel shall be
allowed to transport passengers or cargo between ports or place
within the Philippine territorial waters, except upon the grant Special
Permit by the MARINA when no domestic vessels is available or
suitable to provide the needed shipping service and public interest
warrants the same.
SEC. 7. Issuance of Authority to operate. - the MARINA shall
have the power and authority to issue certificates of public
convenience to qualified domestic ship operators, taking into
consideration the economic and beneficial effect which the proposed
services shall have to the port province or region which it proposes
to serve, and the financial capacity of the domestic ship operator to
provide and sustain safe, reliable, adequate, efficient and economic
service in accordance with the standards set by the government
regulation.
Every domestic ship operator shall state in its application the
route it proposes to serve, and the service it proposes to offer.
Domestic ship operators who do not intend to operate in a fixed route
P a g e 200 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
SEC. 18. Fines and Penalties. - The MARINA, upon notice and
hearing and a determination of the existence of any breach or
violation of the provisions of this Act or any rules and regulations
issued pursuant thereto, shall have the power and authority to:
(1) Suspend or revoke any certificate of public convenience,
license, permit, accreditation, or other form of authority issued to
any domestic ship operator who shall violate any provision of this
Act or any rules and regulations issued pursuant thereto, or any
condition impose on such certificate of public convenience, license,
permit or accreditation;
(2) Impose a fine on a domestic ship operator who shall operate
without a valid certificate of public convenience, license, permit,
accreditation or other form of authority;
(3) Impose a fine on a domestic ship operator in an amount to be
determined by the MARINA for refusing to accept, or to carry
passengers or cargo, without just cause, or for engaging in any
prejudicial, discriminatory or disadvantageous act towards any class
of passengers or shippers;
(4) Impose a fine on any domestic ship operator in an amount to
be determined by the MARINA, or suspend or revoke the certificate
of public convenience of such domestic ship operator, or both, who
shall fail to meet the standards of such safety or who refuses to
comply with or violates safety regulations imposed by the MARINA
or fails to maintain its vessels in safe and serviceable condition;
(5) Impose a fine on any domestic ship operator in an amount to
be determined by the MARINA, or impose such other penalty,
including the revocation of any certificate or license, who fails to
procure or renew required insurance policies;
(6) Impose a fine on any domestic ship operator in an amount to
be determined by the MARINA or impose such other penalty,
P a g e 207 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
(i) To the extent of not more than twice as fast as the normal rate
of depreciation or depreciated at normal rate of depreciation if the
expected life is ten (10) years or less; or
(ii) Depreciated over any number of years between five (5) years
and the expected life if the latter is more than ten (10) years, and the
depreciation thereon allowed as deduction from taxable income.
Provided, That the registered shipbuilder and ship repairer notifies
the BIR at the beginning of the depreciation period which
depreciation rate allowed by this section will be used.
SEC. 20. Restrictions on Vessel Importation. - Ten (10) years
from the effective date of this Act and every year thereafter, the
MARINA shall evaluate and determine the progressive capability of
MARINA- registered shipyards to build and construct new vessels
for the domestic trade.
In the first year of evaluation, the MARINA shall determine the
capability of MARINA-registered shipyards to build new vessels
below 500 GRT. If, upon evaluation, the capability of MARINAregistered shipyards to build classed vessels below 500 GRT in
quantities sufficient to meet domestic demand is proven, then all
domestic ship operators shall be discouraged from importing new or
previously owned vessels that are less than 500 GRT for the
domestic trade and vessels built in MARINA-registered shipyards
shall be given priority for entry in the Philippines Registry and
allowed to operate in the domestic trade.
The MARINA shall undertake a yearly evaluation of the
progressive capabilities of all MARINA-registered shipyards to build
larger classed vessels for the domestic trade in quantities sufficient to
meet the demand of domestic ship owners and shall correspondingly
P a g e 210 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
adjust the size of vessels which may be sourced from MARINAregistered shipyards.
CHAPTER IX
TRANSITORY PROVISIONS
SEC. 21. Period of Transition. - Upon the approval of this Act
existing liner operators shall continue to operate in their route.
SEC. 22. Classification of Vessels in the Domestic Trade. - A
vessels, whether newly built or previously owned, which are
acquired or after the effectivity of this Act shall be classed by a
government recognized classification society on the date of
acquisition prior to the operation in the domestic trade.
SEC. 23. Retirement of Old Vessels. - Immediately upon the
approved of this Act, the MARINA shall prepare and implement a
mandatory vessel retirement program for all unclassed vessels that
fail to meet the classification standards of a government-recognized
classification society.
All vessels which have attained the maximum vessel age
stipulate by MARINA's mandatory vessel retirement program and
which do not carry a class certificate issued by a governmentrecognized classification society shall not be allowed to operate in
the domestic trade and shall be automatically de-listed from the
Philippine Registry.
CHAPTER X
FINAL PROVISIONS
P a g e 211 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
Section 5. Effectivity. - This act shall take effect after fifteen (15)
days following its publication in at least two (2) newspapers of
general circulation.
Approved: July 27, 2004.
REPUBLIC ACT NO. 10635
AN ACT ESTABLISHING THE MARITIME INDUSTRY
AUTHORITY (MARINA) AS THE SINGLE MARITIME
ADMINISTRATION
RESPONSIBLE
FOR
THE
IMPLEMENTATION AND ENFORCEMENT OF THE 1978
INTERNATIONAL CONVENTION ON STANDARDS OF
TRAINING, CERTIFICATION AND WATCHKEEPING FOR
SEAFARERS, AS AMENDED, AND INTERNATIONAL
AGREEMENTS OR COVENANTS RELATED THERETO
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. Declaration of Policy.The following are hereby
declared to be the policies of the State:
(a) The State shall ensure compliance with the 1978 International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW Convention), as amended; all
international agreements implementing or applying the STCW
Convention; and other international maritime safety conventions or
agreements that the STCW Convention seeks to promote compliance
with;
(b) The State recognizes the vital contribution of the seafarers to
the national economy. Toward this end, the State shall establish
P a g e 215 Transportation Law & Jurisprudence Atty. Alvin T. Claridades
(a) Act as the single and central maritime administration for all
purposes relating to compliance with the STCW Convention.
(b) Administer and ensure the effective implementation of the
STCW Convention; including all international conventions or
agreements implementing or applying the same, as well as
international maritime safety conventions or agreements that it seeks
to promote compliance with.
(c) Assume all powers and functions of the Professional
Regulation Commission (PRC), the Commission on Higher
Education (CHED), the Technical Education and Skills Development
Authority (TESDA), the Department of Health (DOH) and the
National Telecommunications Commission (NTC) relative to the
issuance, validation, verification, correction, revocation or
cancellation of certificates of competency, endorsement, proficiency
and documentary evidence required of all seafarers and all such other
matters pertaining to the implementation of the STCW Convention,
subject to the following:
(1) The MARINA shall ensure that the examination, licensing
and certification system for marine deck and engine officers are in
accordance with the requirements prescribed under the STCW
Convention. All powers, duties and functions of the PRC on
examination, licensing and certification system for marine deck and
engine officers as provided in Republic Act No. 8544, otherwise
known as "The Philippine Merchant Marine Officers Act of 1998",
shall henceforth be exercised by the MARINA. The compensation
and allowances of the Board of Marine Deck Officers and Marine
Engine Officers under Article TV, Section 8 of Republic Act No.
8544 shall, however, be comparable to the compensation and
allowances being received by the chairpersons and members of other
existing regulatory boards under the PRC and as provided in the
General Appropriations Act.
P a g e 218 Transportation Law & Jurisprudence Atty. Alvin T. Claridades