Presidential Decree No. 1221 (PD 1221) — Requiring All Philippine Owned/And or Registered Vessels to Undertake Repairs and Drydocking with Marina-Registered Ship Repair Yards.
WHEREAS, the promotion and maintenance of the
Philippine ship repair industry is a major government program that deserves
priority attention;
WHEREAS, the Maritime Industry Authority has
been tasked to enhance domestic capability for ship repair and maintenance;
WHEREAS, repairs undertaken abroad entail
payment in foreign currency, thereby resulting to the depletion of the country's
foreign exchange reserves;
WHEREAS, in furtherance thereof, it is
imperative to ensure that, as far as practicable, all activities relating to the
repairs, alteration, improvement, modification, reconditioning, conversion or
drydoeking of Philippine owned and/or registered vessels be undertaken by local
shipyards.
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Republic of the Philippines, by virtue of the powers jn me
vested by the Constitution, do hereby order and decree the following as part of
the law of the land:
SECTION 1. The policies and objectives
declared in Presidential Decrees Nos. 474, 686, 878 and 1059 for the
shipbuilding and ship repair industry are hereby reiterated and made an integral
part of this Decree.
SEC. 2. All Philippine-owned and/or registered
vessels shall undertake all repairs, improvement, alteration, reconditioning,
conversion or drydocking with MARINA-registered ship repair yards, provided that
the Maritime Industry Authority may exempt any such vessel from this requirement
in any of the following cases:
When an, a remit of collision, grounding, heavy weather, breakdowns and
other perils of the sea occurring abroad, the vessels suffers damages
necessitating emergency, and/ or extraordinary repairs, and it is impracticable
that such vessel be brought to the Philippines for the needed repairs;
When on account of existing prior commitments or due to inadequacy or lack
of service facilities of MARINA-re-gistered 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;
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;
All other meritorious cases as may be determined by the Maritime Industry
Authority.
SEC. 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.
SEC. 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 vessel 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.
SEC. 5. Any provision of law, decree,
executive order, or rules and regulations inconsistent with this Decree is
hereby repealed or modified accordingly.
SEC. 6. This Decree shall take effect
immediately. Done in the City of Manila, this 17th day of October, in the Year
of Our Lord, nineteen hundred and seventy-seven.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
