The Philippine Marine Act of 2009

THE PHILIPPINE MARINE ACT OF 2009

TABLE OF CONTENTS

SUBJECT PAGE NO.

Chapter 1 – General Principles and Definitions 1
Part 1 – The Act and its Basic Principles 1
Part 2 – General Definition of Terms 2
Part 3 – Repealing Clause 3
Chapter 2 – Development of the Maritime Industry 3
Part 1 – Declaration of policy 3
Part 2 – General Definition of Terms 4
Part 3 – The Development Plan 4
Part 4 – Ship Financing 5
Part 5 – Repealing Clause 6
Chapter 3 – The National Maritime Authority 6
Part 1 – Declaration of Policy 6
Part 2 – General Definition of Terms 6
Part 3 – Creation of the National Maritime Authority 6
Part 4 – Appropriations 15
Part 5 – Compensation 15
Part 6 – Rationalization of Maritime Agencies 16
Part 7 – Repealing Clause 17
Chapter 4 – Registration of Ships 17
Part 1 – Declaration of Policy 17
Part 2 – General Definition of Terms 17
Part 3 – Philippine Shipping Company 17
Part 4 – Conditions of Ownership 18
Part 5 – Ship Registration 18
Part 6 – Registration of Ships under Bareboat Charter 19
Part 7 – Crewing of Philippine Ships 20
Part 8 – Effects of Ship Registration 20
Part 9 – Ship Registration Procedures 20
Part 10 - Optional Annual Tonnage System 22
Part 11 – Cancellation of Philippine Registry 25
Part 12 – Ship Registration Regulations and Administrative Fines 26
Part 13 – Repealing Clause 28
Chapter 5 – Ship Mortgages and Maritime Liens 28
Part 1 – Declaration of Policy 28
Part 2 – General Definition of Terms 28
Part 3 – Maritime Liens 29
Part 4 – Ship Mortgages 30
Part 5 – Enforcement of Maritime Liens and Mortgages 34
Part 6 – Rights of Retention 37
Part 7 – Forced Sale 38
Part 8 – Maritime Liens and Mortgages in Respect of Claims Governed 39 By Foreign Law
Part 9 – Repealing Clause 41
Chapter 6 – Safety of Ships 41
Part 1 – Declaration of Policy 41
Part 2 – General Definition of Terms 41
Part 3 – Safety Regulations 41
Part 4 – Marine Insurance 44
Part 5 – Construction of Ship 44
Part 6 – Ship Survey and Inspection 44
Part 7 – Creation of the Maritime Safety Society – Philippine Government 45
Part 8 – Navigational Dangers 46
Part 9 – Carriage of Dangerous Goods 46
Part 10 – International Safety Conventions 48
Part 11 – Repealing Clause 48
Chapter 7 – Marine Pollution Prevention 48
Part 1 – Declaration of Policy 48
Part 2 – General Definition of Terms 48
Part 3 – Prevention of Pollution from Ships Regulations 49
Part 4 – Regulation of Oil Pollution 51
Part 5 – Regulations on Pollutions by Noxious and Liquid Substances in Bulk 55
Part 6 – Carriage of Harmful Substances in Packaged Form 55
Part 7 – Pollution by Sewage and Garbage from Ships 56
Part 8 – Air Pollution from Ships 57
Part 9 – Prevention of Pollution from Fixed and Floating Drilling Rigs and other Platforms 57
Part 10 – Prohibited Acts and Administrative Sanctions 58
Part 11 – Compensation for Pollution Damage 59
Part 12 – Repealing Clause 59
Chapter 8 – Seafarers 60
Part 1 - Declaration of Policy 60
Part 2 – General Definition of Terms 60
Part 3 – Competency, Education and Training Programs 61
Part 4 – Offenses 62
Part 5 – Protection of Seafarers and their Benefits 68
Part 6 – Regulations 71
Part 7 – Application of Certain International Conventions 73
Part 8 – Repealing Clause 74
Chapter 9 – Shipbuilding, Ship Repair and Ship Recycling 74
Part 1 – Declaration of Policy 74
Part 2 – General Definition of Terms 74
Part 3 – General Provisions 75
Part 4 – Repealing Clause 77
Chapter 10 – Accident Investigation 77
Part 1 – Declaration of Policy 77
Part 2 – General Definition of Terms 78
Part 3 – General Regulations on Accidents and Accident Investigation 79
Part 4 – The Maritime Transportation Safety Board 83
Part 5 – Investigation 85
Part 6 – Penalties 86
Part 7 – Repealing Clause 89