PR - Request MARINA To Amend Montenegro CPC - BBL - Mco - 020623

Republic of the Philippines
Province of Masbate
CITY OF MASBATE
City Hall Compound, City of Masbate | [email protected]
OFFICE OF THE SANGGUNIANG PANLUNGSOD

EXCERPTS FROM THE MINUTES OF THE 27 TH REGULAR SESSION OF THE 8THSANGGUNIANG PANLUNGSOD HELD AT
LEGISLATIVE SESSION HALL, CITY OF MASBATE ON JANUARY 31, 2023
Introduced by: Hon. RUBY M. SANCHEZ-MORANO - City Vice Mayor/Presiding Officer
Hon. RODOLFO C. ABELLA - City Councilor
Hon. JARVEY JASPER D. BALA - City Councilor
Hon. ROSEMARIE V. SALVACION - City Councilor
Hon. ALBERTO R. ABAYON - City Councilor
Hon. JOEL V. IBANEZ - City Councilor
Hon. ALLAN T. LIM - City Councilor
Hon. MEDEN G. DIEZ - City Councilor
Hon. RAMIL O. YANEZA - City Councilor
Hon. SOCRATES M. TUASON - Liga ng mga Barangay Federation President
Absent Hon. ALEX D. SAN PABLO - City Councilor
Hon. JERRY A. REY - City Councilor
Hon. JOHN LESTER B. PUNAY - Ex-Officio/ SK Fed. President
RESOLUTION NO. 0_______
A RESOLUTION FERVENTLY REQUESTING THE MARITIME INDUSTRY AUTHORITY (MARINA)-REGION 4A TO AMEND THE
APPROVED CERTIFICATE OF PUBLIC CONVENIENCE (CPC) OF MONTENEGRO SHIPPING LINES, INC. SERVICING THE
ROUTE PILAR, SORSOGON TO THE CITY OF MASBATE AND VICE VERSA BASED ON THE ACTUAL TRIPS PROVIDED BY
THE SHIPPING LINES DULY CERTIFIED BY THE PHILIPPINE PORTS AUTHORITY (PPA)-MASBATE
WHEREAS, Republic Act No. 10667 or the Philippine Competition Act expressly provides for the promotion and protection of
competitive market. It will protect the well-being of consumers and preserve the efficiency of competition in the
market place. The Act reflects the belief that competition promotes entrepreneurial spirit, encourages private
investments, facilitates technology development and transfer and, enhances resources productivity;
WHEREAS, Maritime Industry Authority (MARINA) was created on 01 June 1974 as an attached Agency to the Office of the
President (OP) with the issuance of Presidential Decree No. 474, otherwise known as the Maritime Industry
Decree of 1974, 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 is the sole entity that empowered to issue a Certificate of Public Convenience (CPC) to domestic ship
operator; permits the operation of domestic and overseas water carriers; registration of vessels and issuances of
licenses;
WHEREAS, a Certificate of Public Convenience is an authorization issued by the MARINA to a vessel for a domestic water
transportation service for commercial/public use for which no franchise, either municipal or legislative is required
by law;
WHEREAS, the Montenegro Shipping Lines, Inc. is a Philippine domestic shipping line based at the Batangas International
Port in Batangas City, Philippines. It operates passenger, cargo and RORO vessels to various destinations in the
Philippines under the brands Montenegro Lines and Marina Ferries;
WHEREAS, Montenegro Shipping Lines, Inc. has been granted a Certificate of Public Convenience (CPC) by MARINA-
Region 4A, at MARINA-Batangas, its homeport, valid for twenty-five (25) years servicing the route Pilar,
Sorsogon to the City of Masbate and vice versa, with approved schedule of trips based on hourly basis of trips
daily, which is attached herein as “Annex A”;
WHEREAS, pursuant to the sentiment of seafarers in the City of Masbate to encourage MARINA to exercise their mandate of
granting permits, issuances of licenses to shipping lines, domestic or overseas, thereby observing competitive
policy as mandated by Republic Act No. 10667, a committee hearing was conducted by the Committee on
Rules, Privileges and Legal Matters on January 24, 2023 to further discuss the same to ensure that granting of
permits to vessel applicants is in strict compliance with existing laws, rules and regulations and to further protect
the rights of proponents opting to apply for available schedule of trips with MARINA, in aid of legislation;
WHEREAS, during the hearing, the Committee find that there is a significant discrepancy in the applied schedule of trips by
Montenegro Shipping Lines, Inc. at MARINA-Region 4A pursuant to its approved CPC as opposed to the actual
schedule of trips by Montenegro Shipping Lines; attached herewith is a copy of the PPA-Masbate Certified
Actual Schedule of Trips, as “Annex B”;
WHEREAS, this Council deemed it necessary to request MARINA-Region 4A, pursuant to RA No. 9295 has been granted the
power to monitor all shipping operators and exercise regulatory intervention after due process that the public
interest needs to be protected and safeguarded, to amend the approved Certificate Of Public Convenience
(CPC) of Montenegro Shipping Lines, Inc. servicing the route Pilar, Sorsogon to the City Of Masbate and vice
versa based on the actual trips provided by the shipping lines duly certified by the Philippine Ports Authority
(PPA)-Masbate, hence, this resolution;
NOW, THEREFORE, on motion of the Hon. Ruby M. Sanchez-Morano duly seconded and concurred in by all members present,
BE IT:
RESOLVED, as it is hereby resolved, to fervently request THE MARITIME INDUSTRY AUTHORITY (MARINA)-REGION 4A
TO AMEND THE APPROVED CERTIFICATE OF PUBLIC CONVENIENCE (CPC) OF MONTENEGRO
SHIPPING LINES, INC. SERVICING THE ROUTE PILAR, SORSOGON TO THE CITY OF MASBATE AND
VICE VERSA BASED ON THE ACTUAL TRIPS PROVIDED BY THE SHIPPING LINES DULY CERTIFIED BY
THE PHILIPPINE PORTS AUTHORITY (PPA)-MASBATE;
RESOLVED FINALLY, to furnish copy of this resolution to MARINA-Region 4A, MARINA-Region V, Montenegro Shipping Lines,
Inc., Office of the City Mayor and all concerned for the information and appropriate action.
ADOPTED, February 2, 2023

X-------------------------------------------------------------------------------------------------------------------------------------------------------------------------X
We hereby certify to the correctness of the foregoing resolution which was duly adopted by the Sangguniang Panlungsod during its
27th Regular Session on January 31, 2023.
RUBY M. SANCHEZ-MORANO DANNY A. FUNELAS

City Councilor/Sponsor Secretary to the Sangguniang Panlungsod
ATTESTED AND CERTIFIED

TO BE DULY ADOPTED
ROWENA R. TUASON
City Vice Mayor/ Presiding Officer

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Republic of the Philippines

OFFICE OF THE SANGGUNIANG PANLUNGSOD

RESOLUTION NO. 0_______

ADOPTED, February 2, 2023

RUBY M. SANCHEZ-MORANO DANNY A. FUNELAS

ATTESTED AND CERTIFIED

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