The Maritime Industry Authority (MARINA)

Law Creating MARINA

- Presidential Decree No. 474, otherwise known as the Maritime Industry Decree of 1974
- As an attached Agency to the Office of the President (OP)

Date created

- 01 June 1974

Purpose of creation

- To integrate the development, promotion and regulation of the maritime industry in the country.
With the creation of the Ministry (now Department) of Transportation and Communications (DOTC)
by virtue of Executive Order No. 546, the MARINA was attached to the DOTC for policy and
program coordination on 23 July 1979.

Mandate

1. Adopt and implement a practicable and coordinated Maritime Industry Development

Program (MIDP) which shall include among others:

o The early replacement of obsolescent and uneconomic vessels;

o Modernization and expansion of the Philippine merchant fleet;

o Enhancement of domestic capability for shipbuilding, repair and maintenance; and

o Development of a reservoir of trained manpower.

2. Provide and help provide the necessary:

o Financial assistance to the industry thru public/private financial institutions and

instrumentalities;

o Technological assistance; and

o Favorable climate for expansion of domestic and foreign investments in shipping

enterprises.

3. Provide for the effective supervision, regulation and rationalization of the organizational
management, ownership and operations of all water transport utilities and other maritime
enterprises.

By virtue of Executive Order No. 1011

MARINA assumed the quasi-judicial functions of the Board of Transportation (BOT) over the
domestic transport.

Pertinent Provisions of E.O No. 1011

Sec. 2. Composition of the Commission.

The Commission shall be composed of a Chairman and four Commissioners who shall all be
appointed by the President of the Philippines for a term of six (6) years; Provided, however, that of
the members first appointed, the Chairman shall serve for a term of six (6) years, two
Commissioners for four (4) years, and the remaining two Commissioners for two (2) years.

The Chairman shall have the qualifications, salary, rank and privileges of an Associate Justice of
the Intermediate Appellate Court. Two of the Commissioners shall have the qualifications, salary,
rank and privileges of a Judge of a Regional Trial Court.

The two other Commissioners need not be lawyers, but must be graduates of a reputable college
or institution with a degree in, among others, economics, finance or management, and shall have
the salary and age qualifications of a Judge of a Regional Trial Court.

The Chairman and the Commissioners shall be of proven competence and expertise in land
transportation or its related fields. The Chairman shall, at the same time, be the chief executive
office of the Commission, and shall be in charge of the administrative functions thereof,
possessing all the powers and authority necessary or incidental thereto.

The four Commissioners may, in addition to performing their duties as members of the
Commission, be assigned to perform other functions by the Chairman relative to the administrative
and substantive operations of the Commission.

The Chairman may designate one of the Commissioners to take charge of the enforcement
functions of the Commission.

The Commission shall have an Executive Director who shall be appointed by the President of the
Philippines, upon recommendation of the Commission and the Minister of Transportation and
Communications. He shall assist the Commission and the Chairman in his capacity as chief
executive officer, in the day-to-day management of the affairs and operations of the Commission.

In the exercise by the Commission of its quasi-judicial functions, decision shall be made by the
Commission sitting en banc. Every decision, order or resolution of the Commission must bear the
approval and signature of at least three (3) members of the Commission.

In the exercise of its other functions, the Commission shall serve as the governing board and, as
such, shall pass upon and act on recommendations and other matters relative to the
administrative and substantive operations of the Commission.

All personnel appointments not requiring Presidential approval, shall be made by the Commission
subject to the approval of the Minister of Transportation and Communications.

Sec. 4. Jurisdiction.

The exercise by the Commission of its quasi-judicial and other functions provided for herein, as
appropriate, shall apply only to motorized or engine-driven vehicles and their ancillary
components, except as provided in Section 11 hereof. Non-motorized vehicles, such as animal-
drawn carriages and carts, and pedal-driven bicycles, shall not be within the jurisdiction of the
Commission, except when such vehicles are ancillary to and dependent upon motorized vehicles,
as in the case of truck trailers.

The Commission may empower, in whole or in part, at its discretion, appropriate agencies,
including local governments, to regulate the operation of specialized motorized vehicles which as
a general rule do not operate on public roads, such as agricultural tractors, road graders and other
similar equipment, as well as those operating exclusively within private subdivisions or private
housing projects.

Sec. 5. Powers and Functions of the Commission.

The Commission shall have, among others, the following powers and functions:

(a) Quasi-judicial powers and functions which require notice and hearing

(1) To identify, establish, prescribe, and regulate routes of service, economically viable capacities,
and zones or areas of operation of public land transportation services provided by motorized
vehicles; Provided, That the establishment of routes and areas of operation shall be in accordance
with the public land transportation development plans and programs approved by the Ministry of
Transportation and Communications;

(2) To issue, amend, revise, suspend or cancel Certificate of Public Convenience or permits
authorizing the operation of public land transportation services provided by motorized vehicles,
and to prescribe the appropriate terms and conditions therefor;

(3) To determine, prescribe and approve, and periodically review and adjust, reasonable fares,
rates and other related charges relative to the operation of public land transportation services
provided by motorized vehicles;

(4) To issue preliminary or permanent injunction, whether prohibitory or mandatory in all cases in
which it has jurisdiction, and in which cases the pertinent provisions of the Rules of Court shall
apply;

(5) To punish for contempt of the Commission, both direct and indirect, in accordance with the
pertinent provisions of, and the penalties prescribed by the Rules of Court;

(6) To issue subpoena and subpoena duces tecum and to summon witnesses to appear in any
proceedings of the Commission, to administer oaths and affirmations, and, in appropriate cases, to
order the search and seizure of all vehicles and documents, as may be necessary for the proper
disposition of the cases before it; and

(7) To impose fines and/or penalties for violation of this Order, or any other laws, rules and
regulations being implemented by the Commission, or its orders, decisions and/or rulings.

Sec. 8. Appeals.

Decisions of the regional offices made pursuant to the authority delegated to them shall be
appealable to the Commission. Decisions of the Commission shall be appealable to the
Intermediate Appellate Court by petition for review.
Sec. 9. Enforcement Functions of the Commission.

The Commissioner designated by the Chairman pursuant to Section 2 hereof to oversee the
enforcement functions of the Commission may solicit the direct assistance of other agencies and
units of the government and deputize, for a fixed and limited period, the heads or personnel of
such agencies and units to perform enforcement functions for the Commission. Decisions of the
government agencies and units exercising the enforcement functions by delegated authority of the
Commission shall be subject to review by the Commission.

MARINA REVISED RULES OF PRACTICE AND PROCEDURE PERTINENT PROVISIONS

RULE I

Section 1. Title - These Rules shall be known as the MARINA Revised Rules of Practice and
Procedure.

Section 2. Coverage – These Rules shall apply to the following cases:

a. Application/Petition for:
i. CPC issuance;
ii. CPC exemption;
iii. CPC renewal/extension;
iv. Amendment to the CPC; and,
v. Approval of Sale and Transfer;

b. Complaint involving violation/s of the terms and conditions of the CPC; RA 9295 and its
Implementing Rules and Regulations; MARINA Issuances; and other laws pertinent to maritime
transportation.

c. Complaint arising from a maritime incident/accident

Section 3. Construction. – These Rules shall be liberally construed in order to promote their
object in obtaining a just, speedy and inexpensive disposition and resolution of petitions filed
before the MARINA.

Section 4. Nature of Proceedings. – Proceedings before the MARINA shall be non-litigious and
summary in nature. The MARINA shall not be bound by the technical rules of procedure and
evidence but shall proceed to hear and decide all petitions in a most expeditious manner,
employing all reasonable means to ascertain the facts of every case in accordance with justice
and equity and the merits of the case. The MARINA may issue general or specific procedural
directions at any time, including before or during any proceeding.

Section 5. Suppletory Application. – In the absence of an applicable provision under these

Rules, the relevant provisions of the Revised Rules of Court of the Philippines and the relevant
jurisprudence may, in the interest of speedy disposition of cases, be applied by analogy or in a
suppletory character.
Section 6. Rules on Electronic Evidence. – Unless specifically provided under this Rules, the
rules on admissibility of electronic evidence shall be applicable.

Section 13. Prohibited Pleadings and Motions. – The following shall be considered as
prohibited pleadings and motions which shall not be entertained:

1. Motion to dismiss;

2. Motion for a bill of particulars;

3. Motions for reconsideration in whatever stage of the proceedings, except for final orders,
resolutions, or decision;

4. Petition for relief from judgment;

5. Motion for extension of time to file pleadings, affidavits or any other paper;

6. Motions for postponement, except for justifiable reasons;

7. Appeal from any interlocutory order;

8. Motions for clarification of orders, resolutions, and decisions.

9. Demurrer to evidence;

10. Any other pleading which is intended, or appears to, cause the delay of the
proceedings.

The filing of such pleadings shall not suspend the proceedings nor interrupt the running of
the prescriptive period.

Section 14. Appearance.

a) A lawyer appearing for a party is presumed to be properly authorized for that purpose. In
every case, he shall indicate in his pleadings and motions his Attorney's Roll Number, as well
as his PTR and IBP numbers for the current year.

b) A non-lawyer may appear in any of the proceedings before the MARINA only under the
following conditions:

(1) He represents himself as party to the case;

(2) He is a duly authorized representative of the party to the case empowered by Special
Power of Attorney (SPA) in case of Sole Proprietorship or Secretary’s Certificate or Board
Resolution in case of partnership or corporation.

c) A non-lawyer who appears in contravention of this Section shall not be recognized in any
proceedings before the MARINA.

d) Appearances may be made orally or in writing. In both cases, the complete name and office
address of counsel or representative shall be made on record and any change therein shall be
filed with the records of the case and furnished the parties concerned.

e) Any change or withdrawal of counsel or representative shall be made in accordance with the
Rules of Court.
RULE II

Section 23. Appeal. The order, ruling, decision or resolution shall take effect immediately, and
shall become final after fifteen (15) days from receipt of a copy thereof, unless an administrative
appeal is filed with the Administrator or his designated official, or a petition for judicial review is
filed with the proper court in accordance with the provisions of the Revised Rules of Court.

RULE III

Section 21. Finality of the decision. The decision of the Authority shall become final and
executory after the lapse of the reglementary period for filing a motion for reconsideration or
appeal and no such pleading has been filed.

Section 22. Appeal. The judgment or final order shall be appealable to the Administrator, or his
designated official, who shall decide the same on the basis of the records. A notice of appeal
including the appeal memorandum shall be filed with the appellate authority, copy furnished the
MARINA Office which rendered the appealed decision, which shall submit the records of the case
to the appellate authority.