TARIFF
AND CUSTOMS LAWS OF THE PHILIPPINES
This page features the full text of
Republic Act No. 1937
Tariff
and Customs Code of the Philippines
AN
ACT TO REVISE AND CODIFY THE TARIFF AND CUSTOMS LAWS OF THE PHILIPPINES
...
REPUBLIC
ACT NO. 1937
.
AN
ACT TO REVISE AND CODIFY THE TARIFF AND CUSTOMS LAWS OF THE PHILIPPINES
BOOK
II
CUSTOMS
LAW
TITLE
II
REGISTRATION
OF VESSELS, COASTWISE TRADE AND LICENSING OF MARINE OFFICERS
PART
1
REGISTRATION
AND INSPECTION OF VESSELS, AND LICENSING OF MARINE OFFICERS
Section
801. Registration and Documentation
of Vessels. — The Bureau of Customs is vested with exclusive
authority
over the registration and documentation of Philippine vessels. By it
shall
be kept and preserved the records of registration and of transfers and
encumbrances of vessels; and by it shall be issued all certificates,
licenses
or other documents incident to registration and documentation, or
otherwise
requisite for Philippine vessels.
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Sec.
802. Vessels Required to be Registered.
— Every vessel used in the Philippine waters, not being a transient of
foreign registry shall be registered in the Bureau of Customs. To this
end, it shall be the duty of the master, owner or agent of every vessel
to make application to the proper Collector for the registration
thereof
within fifteen days after the vessel becomes subject to such
registration.
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A
vessel of three tons gross or less shall not be registered, unless the
owner shall so desire, nor shall documents or licenses of any kind be
required
for such vessel, but the proper fee shall be charged for admeasurement,
when admeasurement is necessary, except when the same is engaged in
towing
or carrying of articles and passengers for hire.
Sec.
803. Where Registration to be
Effected. — The registration of a vessel shall be effected at its home
port, being a port of entry, or at the port of entry of the district of
the vessel's home port.
Sec.
804. Data to be Noted in Register
of Vessels. — In the register of vessels, to be kept at each port of
entry,
the following facts concerning each vessel there registered shall be
noted
in such form and detail as the Commissioner shall prescribe:
a. Name
of vessel.
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b. Rig
of vessel.
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c. Material
of hull.
d. Principal
dimensions.
e. Gross
tonnage.
f. Net
tonnage.
g. Where
built.
h. Year
when built.
i. Name,
citizenship, nationality and residence of owner.
j. Date
of issuance of certificate of Philippine registry.
k. Any
material change of condition in respect to any of the preceding
items.
l. Any
other fact required to be there noted by the regulations of the Bureau
of Customs.
Sec.
805. Record of Documents Affecting
Title. — In the record of transfers and encumbrances of vessels, to be
kept at each principal port of entry, shall be recorded at length all
transfers,
bills of sale, mortgages, liens or other documents which evidence
ownership
or directly or indirectly affect the title of registered vessels, and
therein
shall be recorded all receipts, certificates or acknowledgment
canceling
or satisfying, in whole or in part, any such obligations. No other
record
of any such document or paper shall be required than such as is
affected
hereunder.
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Sec.
806. Certificate of Philippine
Registry. — Upon registration of a vessel of domestic ownership, and of
more than fifteen tons gross a certificate of Philippine registry shall
be issued for it. If the vessel is of domestic ownership and of fifteen
tons gross or less, the taking of the certificate of Philippine
registry
shall be optional with the owner.
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"Domestic
ownership", as used in this section, means ownership vested in
citizens
of the Philippines, or corporations or associations organized under the
laws of the Philippines at least seventy-five per centum of the capital
stock of which is wholly owned by citizens of the Philippines, and, in
the case of corporations or associations which will engage in coastwise
trade the president or managing directors thereof shall be such
citizens:
Provided,
That the certificate of Philippine registry issued to a vessel prior to
the approval of this Code shall not be affected: Provided, further,
That
any vessel of more than fifteen tons gross which on February eight,
nineteen
hundred and eighteen, had a certificate of Philippine registry under
existing
law, shall likewise be deemed a vessel of domestic ownership if there
has
been no change in its ownership or if the stock of the association or
corporation
owning such vessel has not been transferred to persons who are not
citizens
of the Philippines, and if any such vessel should have been totally
lost
through shipwreck, collision or any other marine disaster, while being
lawfully operated, it may be replaced with another vessel of the same
or
lesser tonnage by the same person, association or corporation owning
and
operating same by virtue of this section, under such terms and
conditions
as may be prescribed by the Commissioner consistent with public policy
and with the view of its utility for government service in case of war
or any public emergency: Provided, further, That the
controlling
interest in the corporation shall not be considered as held by citizens
of the Philippines: (a) if at least seventy-five percent of the stock
is
not held by such citizens and such stock is subject to any trust or
fiduciary
obligation in favor of any person not a citizen of the Philippines; (b)
if the majority of stock in said corporation entitled to vote is not in
the hands of citizens of the Philippines; (c) if by means of a contract
or agreement, the majority of the stock can be voted directly or
indirectly
in favor of any person not a citizen of the Philippines; or (d) if by
any
other means, the control of the association or corporation is conferred
upon or allowed to be exercised by any person not a citizen of the
Philippines.
Sec.
807. When Control is Deemed not
Held by Citizens of the Philippines. — It shall not be considered that
seventy-five per centum of the capital stock of a corporation is held
by
citizens of the Philippines: (a) if the certificates of seventy-five
per
centum of the capital stock are not held by such citizens and such
certificates
are subject to some trust or other fiduciary obligation in favor of a
person
not a citizen of the Philippines; (b) if seventy-five per centum of the
stock of said corporation entitled to vote is not in the hands of
citizens
of the Philippines; (c) if by means of some contract or agreement more
than twenty-five per centum of the stock in such corporation can be
voted
directly or indirectly in favor of any person not a citizen of the
Philippines;
or (d) if by any other means, the control of any interest in the
corporation
in excess of twenty-five per centum has been conferred upon or is
allowed
to be exercised by any person not a citizen of the Philippines.
The
provisions of this section shall be applicable to the administrators
and
trustees of all persons coming under its provisions and to the
successors
or assigns of such persons.
Sec.
808. Certificate of Ownership.
— Upon registration of a vessel of more than five tons gross, a
certificate
of ownership shall be issued for it, if the vessel does not take a
certificate
of Philippine registry. If such vessel is of five tons gross or less,
the
taking of a certificate of ownership shall be optional with the
owner.
Sec.
809. Form and Contents of Certificate
of Philippine Registry. — The certificate of Philippine registry shall
be in such form as shall be prescribed by the Commissioner, and it
shall
show that the vessel is engaged in legitimate trade and is entitled to
protection and flag of the Philippines.
Sec.
810. Privileges Conferred by
Certificate of Philippine Registry. — A certificate of Philippine
registry
confers upon the vessel the right to engage, consistently with law, in
the Philippine coastwise trade and entitles it to the protection of the
authorities and the flag of the Philippines in all ports and on the
high
seas, and at the same time secures to it the same privileges and
subjects
it to the same disabilities as, under the laws of the Philippines,
pertain
to foreign-built vessels transferred abroad to citizens of the
Philippines.
Sec.
811. Investigation Into Character
of Vessel. — No application for a certificate of Philippine registry
shall
be approved until the Collector is satisfied from an inspection of the
vessel that it is engaged or destined to be engaged in legitimate trade
and that it is of domestic ownership as such ownership is defined in
section
eight hundred and six hereof.
A
Collector may at any time inspect a vessel or examine its owner,
master,
crew or passenger in order to ascertain whether the vessel is engaged
in
legitimate trade and is entitled to have or retain the certificate of
the
Philippine registry.
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The
Collector may at any time make an administrative investigation as to
the
ownership or title of any vessel engaged in the coastwise trade and
whether
such title or ownership is in accordance with the requirements of law;
and any vessel sold, transferred or mortgaged to any person not a
citizen
of the Philippines without previous approval of the President of the
Philippines,
or leased or chartered to any citizen or national of a country with
which
the Philippines has no diplomatic relations, or put under foreign
registry
or flag without such approval, or operated in violation of any of the
provisions
of this Code, shall be seized by the Government of the Republic of the
Philippines; and any person, corporation, company or association
violating
any of the provisions of this section shall be guilty of a misdemeanor
and be punished by a fine of not more than five thousand pesos or
imprisonment
for not more than five years, or both: Provided, That in the
event
the person guilty of such violation is a corporation, company or
association,
the manager or, in his default, the president thereof shall be
criminally
responsible for such violation.
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Sec.
812. License of Yachts Exclusively
for Pleasure. — The Commissioner may license yachts used and employed
exclusively
as pleasure vessels owned by Filipino citizens, on terms which will
authorize
them to proceed from port to port of the Philippines and to foreign
ports
without entering or clearing at the customhouse: Provided, however,
That any yacht so licensed, upon arriving from a foreign port in the
Philippines
after having previously advised the Commissioner by telegraph of its
probable
arrival, shall enter at a port of entry in the Philippines and shall
immediately
report its arrival to the customs authorities. Such license shall be in
such form as the Commissioner shall prescribe. Such vessels shall have
their name and port of registration placed on some conspicuous portion
of their hulls, and in all respects be subject to the laws of the
Philippines,
and shall be liable to seizure and forfeiture for any violation of
these
provisions.
Sec.
813. Violation by Master or Owner.
— Any master or owner violating the provisions of the preceding section
shall be liable to a fine of from five thousand pesos in addition to
any
other penalty imposed by law.
Sec.
814. Identification of Yachts
and Owners. — For the identification of yachts and their owners, a
commission
to sail for pleasure in any designated yacht owned by a citizen of the
Philippines designating the particular cruise may be issued by the
Commissioner
and shall be a token of credit to any Filipino official and to the
authorities
of any foreign power. All such licensed yachts shall use a signal of
the
form, size and colors prescribed by the Commissioner.
Sec.
815. Report of Accident to Vessel.
— When any Philippine vessel required to register sustains or causes
any
accident involving loss of life, material loss of property, or serious
injury to any person, or receives any damage affecting her
seaworthiness
or her efficiency, the managing owner, agent or master of such vessel
shall,
by the first available mail send to the Collector of the district
within
which such vessel belongs or of that within which such accident or
damage
occurred, a report thereof, stating the name of the vessel, the port to
which she belongs, and the place where she was, the nature and probable
occasion of the casualty, the number and names of those lost and the
estimated
amount of loss or damage to the vessel or cargo; and shall furnish such
other information as shall be called for.
When
the managing owner or agent of such vessel has reason to believe that
it
has been lost, he shall promptly send notice in writing to the
Collector
at her home port giving advice of such loss and the probable occasion
therefor,
stating the name of the vessel and the names of all persons on board so
far as the same can be ascertained, and shall furnish, upon request of
the Collector, such additional information as shall be required.
Sec.
816. Application of Shipping
Laws to Government Boats. — Vessels owned or operated by the Government
shall not be subject to the requirement of this Code relative to
registration
and navigation except in so far as prescribed in the regulations of the
Bureau of Customs.
Sec.
817. Revocation of Certificate.
— When it shall appear to the Commissioner that any certificate of
Philippine
registry or certificate of ownership was illegally or improperly
issued,
he may cancel the same.
Sec.
818. Inspection of Hulls, Boilers
and Other Constructional Features. — In the exercise of the authority
conferred
upon the Bureau of Customs over the coastwise trade and over Philippine
vessels and shipping generally, it shall be the duty of the
Commissioner
to cause adequate technical inspections to be made from time to time
and
as occasion may require of the hulls, engines, boilers and other
mechanical
and constructional features of all vessels of foreign or private
ownership
navigating in any waters of the Philippines, on common trade routes
open
to general or competitive navigations, and carrying passengers from any
port of the Philippines, to any other place or country and to fix the
standard
which must be attained in respect thereto: Provided, however,
That
every vessel of foreign registry holding a certificate issued under
Regulation
11 or 12 of the International Conference on Safety of Life at Sea,
1948,
shall be exempt from any inspection save that which may be necessary
for
the purpose of verifying the said certificate and whether the
conditions
of the ship's seaworthiness corresponds substantially with that stated
in the certificate: Provided, further, That vessels belonging
to
countries which are not signatories to the International Conference on
Safety of Life at Sea, 1948, which have inspection laws similar to
those
of the Philippines, shall, if the laws of said countries grant
reciprocal
rights to vessels of Philippine registry, be exempt from any inspection
save that which may be necessary to convince customs authorities that
the
condition of the vessel, its boilers and life-saving equipment are as
stated
in the current certificate of inspection.
The
hulls, engines and boilers of all steam vessels engaged in coastwise
traffic
shall be inspected at least once a year or in case of the hulls of a
wooden
vessel, at least once every two years.
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Sec.
819. Inspection Certificate.
— A certificate of inspection shall be issued to a vessel if it shall
be
found upon inspection that said vessel conforms with the requirements
applicable
to it: Provided, That any vessel of Philippine registry
arriving
from a foreign port with an unexpired certificate issued, upon the
request
of the Philippine Government, by a foreign government signatory to the
International Conference on Safety of Life at Sea, 1948, shall be
exempt
from any inspection save that which may be necessary to convince
customs
authorities that the condition of the ship's seaworthiness corresponds
substantially to that stated in the certificate, in which case the
vessel
shall be entitled to have a certificate of inspection issued to it. If
the condition of the ship's seaworthiness does not correspond to that
stated
in the certificate, then the ship shall not be permitted to proceed to
the sea without securing a new inspection certificate.
Sec.
820. Sanitary Inspection. — It
shall be incumbent upon the Commissioner to provide an adequate system
of sanitary inspection for Philippine vessels. To this end a sanitary
inspector
may be appointed for the port of Manila. At the other respective ports,
the function of sanitary inspector may be exercised by the surveyor or
other official thereunto deputed by the Collector. It shall be the duty
of the sanitary inspector by personal examination to ascertain the
sanitary
condition of vessels subject to inspection by him and to see that the
sanitary
regulations of the Bureau of Customs are fully complied with, and a
clearance
shall not be granted to any such vessel until the sanitary inspector
shall
so certify.
Sec.
821. Fire-Fighting Apparatus
and Life-Saving Equipment. — The regulations of the Bureau of Customs
shall
prescribe the mechanical equipment and fire-apparatus to be carried on
Philippine vessels for the purpose of preventing and extinguishing
fires.
Such
vessels shall also be required to carry life-saving equipment,
consisting
of boats, life-preservers and other devices, to be prescribed by
regulation,
sufficient for the safety of the passengers and crew in cases of
emergency;
and provision shall be made for adequate means of utilizing such
equipment.
Sec.
822. Certification of Applicant
for Marine Officer. — If the Board of Marine Examiners shall find that
the experience, habits and character of an applicant are such as to
warrant
the belief that he can safely be entrusted with the duties and
responsibilities
of the position for which he makes application and that the applicant
has
in other respects complied with the other requirements of law, it shall
so certify to the Bureau of Customs which office shall issue the
appropriate
certificate.
Sec.
823. Issuance of Certificates.
— (a) Candidates for mate and master having passed the requisite
examination
shall be entitled to a certificate entitling them to navigate in any
ocean.
(b) Candidates
for patron in major coastwise trade having passed the requisite
examination
shall be entitled to certificates authorizing them to navigate in the
Philippine
coastwise trade.
(c) Candidates
for patron in the minor coastwise trade having passed the requisite
examination
shall be entitled to certificates authorizing them to navigate upon the
seas, harbors, bays, rivers or lakes for which they have shown
proficiency
and a thorough practical knowledge.
(d) Candidates
for marine engineers having passed the requisite examinations shall be
entitled to certificates authorizing them to navigate as such engineers
on vessels of any tonnage propelled by any kind of machinery.
(e) Candidates
for motor engineers having passed the requisite examinations shall be
entitled
to certificates authorizing them to act as such motor engineers on
vessels
of any tonnage propelled by internal combustion engines.
Sec.
824. Form of Certificate. — The
several certificates herein provided for shall be issued in the form of
diplomas signed by the Commissioner and countersigned by the department
head and shall entitle the holders thereof to navigate in accordance
with
the authority contained in them and shall not be suspended nor revoked
except as hereinafter provided.
Sec.
825. Physical Examination of
Holders of Certificate. — Once in every five years, all holders of
marine
certificates shall be required to undergo a physical examination to
determine
their fitness to continue navigating. Any person who upon such
examination
is found to be physically unfit for the service shall thereafter be
disqualified
from engaging therein.
Sec.
826. Reinstatements. — Any person
who has held the office of captain, mate, master or engineer and whose
license or certificate has been revoked on account of physical defects
shall be entitled to reinstatement upon the favorable certificate of a
physician appointed by the Commissioner to make a second examination.
Sec.
827. Marine Investigation and
Suspension or Revocation of Marine Certificate. — There shall be
maintained
in the Bureau of Customs at Manila a Board of Marine Inquiry to consist
of five members, to wit: The Surveyor of the Port as chairman ex
officio,
two master marines and two chief engineers of the Philippine merchant
marine,
who shall be appointed by the department head. The members of the board
shall receive a per diem of twenty pesos for each day of not
less
than seven hours of service rendered in connection with marine
investigations.
Three members present shall constitute a quorum for the transaction of
business. In case of inability or absence of the Surveyor of the Port,
a temporary chairman may be chosen by the members from among
themselves.
Such board shall have the power to investigate marine accidents and
professional
conduct of marine officers, giving the party affected an opportunity to
be heard in his defense. The decision of the Commissioner based upon
the
findings and recommendations of the board, reprimanding a licensed
marine
officer or suspending or revoking any marine certificate on account of
professional misconduct, intemperate habits, negligence or incapacity
shall
be final, unless, within thirty days after its promulgation, an appeal
is perfected and filed with the department head who may confirm, revoke
or modify said decision.
Rules
and regulations governing the procedure of marine investigations shall
be promulgated by the department head.
The
Commissioner may, with the approval of the department head authorize
the
collectors to appoint boards for the purpose of investigating marine
accidents
or charges preferred against the marine officers in their respective
districts.
The proceedings of such investigations, together with findings and
recommendations
of said board shall be submitted, through the Commissioner, to the
Board
of Marine Inquiry, Manila, for final review and recommendation.
In
order to safeguard lives and properties at sea, a Collector may
withhold
clearance of any Philippine vessel whenever he has reasonable cause to
fear that the mental condition or capacity, whether permanent or
otherwise,
of her master, mate or engineer under investigation, pending the final
decision thereon so warrants.
Sec.
828. Fees for Insurance of Certificates.
— Any person to whom any certificate as master, mate, patron or
engineer
is issued, upon examination or by way of exchange shall pay:
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For
a certificate as master, sixty pesos.
First,
second and third mates, and major patron, forty pesos.
Chief
marine or motor engineer, sixty pesos.
Second,
third and fourth motor engineers, forty pesos.
Bay,
river and lake motor engineer and patrons, thirty pesos.
Sec.
829. Citizenship of Personnel
on Board Vessels. — No Philippine vessel operating in the coastwise
trade
or on the high seas shall employ any officer or any member of the crew
who is not a citizen of the Philippines.
Sec.
830. Complement of Watch and
Engine-room Officers on Philippine Vessels. — Every vessel registered
in
the Philippines shall have the following officers:
(a) Every
steam vessel with a gross tonnage of fifteen hundred tons or more shall
have the following watch officers: one master, one first mate, one
second
mate and one third mate.
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(b) Every
steam or motor vessel with a gross tonnage of seven hundred but less
than
fifteen hundred tons, shall have the following officers: one master,
one
first mate and one second mate.
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(c) Every
steam or motor vessel with a gross tonnage of two hundred and fifty but
less than seven hundred tons, shall have the following officers: one
master,
one first mate or second mate and one third mate.
(d) Every
vessel with a gross tonnage of one hundred but less than two hundred
and
fifty tons, shall have the following officers: one first mate or one
patron
in the major coastwise trade, who shall have charge of the vessel as
master,
and one second or third mate or one patron in the minor coastwise
trade,
as mate; but when such vessels make runs of more than two hundred miles
measured from the point of departure to the last point of call, they
shall
carry two mates, who may be of the class of third mate or patron in the
minor coastwise trade.
(e) Every
steam or motor vessel with a gross tonnage of one hundred tons or less,
shall have the following officers: one patron in the minor coastwise
trade
who shall have charge of the vessel as master; but when such vessel
navigates
more than twelve hours between the vessel's home port and last port of
call it shall carry a mate who shall be at least a patron in the minor
coastwise trade: Provided, That upon written application, the
owner
or agent of a motor vessel under thirty-five gross tons operating in
places
where licensed officers are not available, may be permitted by the
Commissioner
under such conditions as the latter may require, to operate such vessel
without such licensed officers, for a reasonable time, in the
discretion
of the Commissioner: Provided, further, That such permit shall
be
granted only to vessels under thirty-five gross tons register operating
within a radius of not more than one hundred miles from the principal
port
of operation or home port of the vessel, at the risk and responsibility
of the operator and owner, and at a distance from shore of not more
than
six miles.
(f) Every
vessel with a gross tonnage of five hundred of over shall carry, in
addition
to her complement of watch and engine-room officers established by this
section at least one supercargo or purser whose duty it shall be, under
the orders of the master, to receive and deliver the cargo and be
responsible
therefor, and to perform such other duties as do not require technical
nautical knowledge. On vessels required by this section to carry a
supercargo,
the watch officers shall not be required to render services other than
those appertaining to their respective technical branches; and nothing
contained it this section shall be construed as preventing mariners
from
taking an additional mate in lieu of the supercargo above
mentioned.
(g) Every
sailing vessel or sailing vessel with auxiliary engine of one hundred
and
fifty gross tonnage or over, shall carry as officers, one patron in the
major coastwise trade or one first mate, as master and every sailing
vessel
of thirty-five gross tonnage or over, but less than one hundred and
fifty
gross tonnage with or without auxiliary engine, shall be commanded by a
patron in the minor coastwise trade.
(h) Every
vessel engaged in the towing of logs, lumber bamboo; or lorchas,
lighters,
or others, on voyages of more than twelve hours' duration, shall carry,
in addition to full complement of deck officers applicable to its gross
tonnage shall carry one mate, who shall be a patron in the minor
coastwise
trade or a third mate.
(i) Every
vessel navigating not more than twelve hours between its home port and
last port of call and navigating during day time only shall have the
following
complement of engineers:
Up
to one hundred twenty horsepower, one fourth engineer.
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From
one hundred and twenty-one horsepower upward, one third and one fourth
engineers.
One
third engineer to act as chief engineer and one fourth engineer when
the
motive power is over two hundred fifty horsepower.
(j) Every
vessel navigating more than twelve hours between its home port and the
last port of call and navigating at night, shall carry the following
complement
of engineers:
Less
than two hundred and fifty horsepower, one chief engineer with rank of
second engineer and one engineer with a rank inferior to second
engineer.
Over
two hundred and fifty but less than five hundred horsepower, one chief
engineer with the rank of second engineer and one additional engineer
with
a rank inferior to second engineer.
Over
five hundred horsepower, one chief engineer with a rank of chief
engineer,
one second and one third engineers: Provided, That a motor vessel of
the
LCT-Gray Marine type shall carry one third and one fourth
engineers.
Over
one thousand five hundred horsepower, one chief engineer, one second,
one
third and one fourth engineers.
Vessels
coming under subsections (i) and (j) of this section shall not be
required
to have electricians on board. Their marine engineers shall take care
of
the electrical work on said vessels.
(k) Every
motor or steam vessel with a gross tonnage of not more than thirty-five
operating for pleasure or any purpose other than the transportation of
passengers or freight for hire or profit, shall be required to carry
not
less than one licensed navigator and one licensed engineer. Motor or
steam
vessels of fifteen gross tonnage or less shall be exempt from the
provisions
of this subsection subject to such conditions as the Commissioner may
require.
Sec.
831. Waters on Which Patron May
Navigate. — No person shall be permitted to act as master or mate on
any
waters other than for which he has been duly licensed as such patron,
and
no patron shall be permitted to act as master on any vessel of a
greater
tonnage than for which he is licensed: Provided, That when
there
are no licensed patrons available, the Commissioner may permit other
licensed
marine officers to act as master or mate on vessels of a tonnage and in
waters where, according to the law, vessels must navigate, commanded by
licensed patrons, for a period to exceed six months and subject to such
conditions as said official may prescribe.
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PART
2
COASTWISE
TRADE
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Sec.
901. Ports Open to Coastwise
Trade. — All ports and places in the Philippines shall be open to
vessels
lawfully engaged in the coastwise trade subject to the provisions of
law
applicable in particular cases.
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Sec.
902. Vessels Eligible for Coastwise
Trade. — The right to engage in the Philippine coastwise trade is
limited
to vessels carrying a certificate of Philippine registry.
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Sec.
903. License for Coastwise Trade.
— All vessels engaging in the coastwise trade must be duly licensed
annually.
Sec.
904. Philippine Coastwise Emblem.
— Vessels engaged in the Philippine coastwise trade shall fly at the
mainmast
the Philippine coastwise emblem, consisting of a rectangular white flag
with one blue and one red stars ranged from staff to tip in the
horizontal
median line.
Sec.
905. Transportation of Passengers
and Articles Between Philippine Ports. — Passengers shall not be
received
at one Philippine port for any other such port by a vessel not licensed
for the coastwise trade, except upon special permission previously
granted
by the Collector; and subject to the same qualification, articles
embarked
at a domestic port shall not be transported to any other port in the
Philippines,
either directly or by way of a foreign port, or for any part of the
voyage,
in any other vessel than one licensed for the coastwise trade.
Sec.
906. Requirement of Manifest
in Coastwise Trade. — Manifests shall be required for cargo and
passengers
transported from one place or port in the Philippines to another only
when
one or both of such places is a port of entry.
Sec.
907. Manifests Required Upon
Departure From Port of Entry. — Prior to departure from a port of
entry,
the master of a vessel licensed for the coastwise trade shall make out
and subscribe duplicate manifests of the whole of the cargo and all of
the passengers taken on board such vessels, specifying in the cargo
manifests
the marks the marks and numbers of package, the port of destination,
and
the names of the consignees, together with such further information as
may be required, and in the passenger manifests, the name, sex, age,
residence,
port of embarkation, and destination of all passengers, together with
such
further information as may be required. He shall deliver such manifests
to the Collector, or other customs official duly authorized, before
whom
he shall swear to the best of his knowledge and belief, in respect to
the
cargo manifests, that the goods therein described, if foreign, were
imported
legally and that the duties, taxes and other charges thereon have been
paid or secured, and in respect to the passenger manifests, that the
information
therein contained is true and correct as to all passengers taken on
board.
Thereupon, the said Collector, or customs official, shall certify the
same
on the manifests, the original of which he shall return to the master
with
a permit specifying thereon, generally, the lading on board such
vessel,
and authorizing him to proceed to his port of destination, retaining
the
duplicates.
Sec.
908. Manifests Required Prior
to Unlading at Port ofEntry. — Within
twenty-four hours after the arrival at a port of entry of a vessel
engaged
in the coastwise trade, and prior to the unlading of any part of the
cargo,
the master shall deliver to the Collector or other proper customs
official
complete manifests of all the cargo and passengers brought into said
port,
together with the clearance manifests of cargo and passengers for said
port granted at any port or ports of entry from which said vessel may
have
cleared during the voyage.
Sec.
909. Departure of Vessel Upon
General Manifest. — The Commissioner may by regulation permit a vessel
to depart coastwise from a port of entry upon the filing of a general
manifest
by the master thereof, the owners, agents or consignees being required
to present the proper detailed manifest within forty-eight hours after
the departure of the vessel.
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Sec.
910. Bay and River License. —
Annual licenses authorizing vessels of any tonnage to engage in the
business
of towing or carrying of articles or passengers in the bays, harbors,
rivers
and inland waters navigable from the sea shall be issued by the
Collector
of the various ports of entry under the conditions hereinbelow
prescribed;
and except as otherwise expressly provided, no vessel shall be
permitted
to engage in this character of business until the proper license
therefor
has been procured.
A
bay and river license shall specify the particular port or other body
of
water in which the vessel in question may engage in business as
aforesaid.
Sec.
911. Vessels Eligible for Bay
and River License. — To be eligible for the bay and river license, a
vessel
must be built in the Philippines, and the ownership of such vessel must
be vested in: (a) citizens of the Philippines; (b) domestic
corporations
or companies seventy-five per centum of whose corporate capital belongs
to citizens of the Philippines: Provided, That the present owners of
vessels
with bay and river license under existing law who do not possess any of
the requirements herein prescribed may nevertheless continue operating
such vessels as eligible for said bay and river license.
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Sec.
912. Exemption of Certain Craft
from Requirement of Bay and River License. — No bay and river license
shall
be required of any of the following classes of vessels:
a. Vessels
of three tons net or less.
chan
robles virtual lachan robles virtual law libraryw library
b. Yachts,
launches and other craft used exclusively for pleasure and
recreation.
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c. Ship's
boats and launches bearing the name and home port of the vessel plainly
marked thereon.
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.
d. Vessels
owned by the Government of the Philippines.
The
exemption of any vessel shall at once cease if it engages in the
business
of transporting cargo or passengers, for hire.
Sec.
913. Revocation of License. —
The Commissioner may, for cause at any time, revoke any coastwise
license
or bay and river license.
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