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PRESIDENTIAL DECREE NO. 1221
PRESIDENTIAL DECREE NO. 1221 -
REQUIRING ALL PHILIPPINE OWNED/AND OR REGISTERED VESSELS TO UNDERTAKE
REPAIRS AND DRYDOCKING WITH MARINA-REGISTERED SHIP REPAIR YARDS
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WHEREAS,
the promotion and maintenance of the Philippine ship repair industry is
a major government program that deserves priority attention; chanroblesvirtualawlibrary
WHEREAS, the Maritime Industry Authority has been tasked to enhance
domestic capability for ship repair and maintenance;chanroblesvirtualawlibrary
WHEREAS, repairs undertaken abroad entail payment in foreign currency,
thereby resulting to the depletion of the country's foreign exchange
reserves;chanroblesvirtualawlibrary
WHEREAS, in furtherance thereof, it is imperative to ensure that, as
far as practicable, all activities relating to the repairs, alteration,
improvement, modification, re-conditioning, conversion or drydocking of
Philippine owned and/or registered vessels be undertaken by local
shipyards. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree the following as part of the
law of the land: chanroblesvirtualawlibrary
Section 1. The policies and objectives declared in
Presidential Decrees Nos. 474, 666, 878 and 1059 for the shipbuilding
and ship repair industry are hereby reiterated and made an integral
part of this Decree.
Section 2. All Philippine-owned and/or registered
vessels shall undertake all repairs, improvement, alteration,
reconditioning, conversion or drydocking with MARINA-registered ship
repair years, provided that the Maritime Industry Authority may exempt
any such vessel from this requirement in any of the following cases:cralaw:red
1. When as a result of collision, grounding, heavy
weather, breakdowns and other perils of the sea occurring abroad, the
vessel suffers damages necessitating emergency and/or extraordinary
repairs, and it is impracticable that such vessel be brought to the
Philippines for the needed repairs;chanroblesvirtualawlibrary
2. When on account of existing prior commitments or
due to inadequacy or lack of service facilities of MARINA-registered
ship repair yards, as determined by the Maritime Industry Authority,
the repairs or works sought to be undertaken on the vessel cannot be
accommodated by such ship repair yards;chanroblesvirtualawlibrary
3. When the Philippines is not one of the vessel's
ports of call, in which case a waiver from the said requirement must be
obtained from the Maritime Industry Authority; chanroblesvirtualawlibrary
4. All other meritorious cases as may be determined
by the Maritime Industry Authority. chanroblesvirtualawlibrary
Section 3. The Maritime Industry Authority shall
promulgate rules and regulations together with the procedures and
guidelines for the proper and efficient implementation of the above
provisions.
Section 4. Any violation of this Decree or the Rules
and Regulations which shall be issued pursuant thereto shall result in
the cancellation of the Certificate of Philippine Registry of the
vessels or payment of a fine not exceeding FIVE THOUSAND PESOS
(P5,000.00), for vessels engaged in domestic trade and TEN THOUSAND
PESOS (P10,000.00), for vessels engaged in overseas trade, or both such
cancellation and fine, at the discretion of the Maritime Industry
Authority. chanroblesvirtualawlibrary
Section 5. Any provision of law, decree, executive
order, or rules and regulations inconsistent with this Decree is hereby
repealed or modified accordingly.
Section 6. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 17th day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
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