JURISDICTION IN GENERAL

JURISDICTION- is the power and authority of the court to hear, try and decide a case. It is also
the power or capacity given by the law to a court or tribunal to entertain, hear and determine
certain controversies. (Cuenca vs PCGG, 535 SCRA, 102; De la Cruz vs Court of Appeals, 510
SCRA 103,104)
(MARINA CIRCULAR NO. 2013 02)
COVERAGE
These Rules shall apply to all types of ships operating in the Philippine waters regardless
of size and utilization, whether with power or without power, including those ships below three
(3) gross tonnage (GT), motorized or non-motorized.
The following ships shall not be covered:
1. Warships and naval ships;
2. Ships of the Philippine Coast Guard;
3. All ships of foreign registry temporarily used in the Philippine waters; and,
4. Inflatable Boats used for rescue made of either a single or more rubber tubing.
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 4. Nature of Proceedings.

Proceedings before the MARINA shall be nonlitigious 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

Republic Act No. 9295

SEC. 10. Jurisdiction; Power; and Duties of MARINA. - The

MARINA shall have the power and authority to: (jumegs, ako ra ni gi apil, naa ra ni mik2 if
iya iapil or dili. Hehehe. Naa dri tanan katong gi ingon ni Sir sa ilang functions.)
(1) Register vessels;
(2) Issue certificates of public convenience or any extensions or amendments thereto,
authorizing the operation of all kinds. Classes and types of vessels in domestic shipping:
Provided, That no such certificate shall be valid for a period of more than twenty-five
(25) years;
(3) Modify, suspend or revoke at any time upon notice and hearing, any certificate,
license or accreditation it may have issued to any domestic ship operator;
(4) Establish and prescribe routes, zones or areas of operations of domestic ship
operators;
(5) Require any domestic ship operator to provide shipping services to any coastal area,
island or region in the country where such services are necessary for the development of
the area, to meet emergency sealift requirements, or when public interest so requires;
(6) Set safety standards for vessels in accordance with applicable conventions and
regulations;

(7) Require all domestic ship operators to comply with operational and safety standards
for vessels set by applicable conventions and regulations, maintain its vessels in safe and
serviceable conditions, meet the standards of safety of life at sea and safe manning
requirements, and furnish safe, adequate, efficient, reliable and proper service at all
times;
(8) Inspect all vessels to ensure and enforce compliance with safety standards and other
regulations;
(9) Ensure that all domestic ship operators shall have the financial capacity to provide
and sustain safe, reliable, efficient and economic passenger or cargo service, or both;
(10) Determine the impact which any new service shall have to the locality it will serve;
(11) Adopt and enforce such rules and regulations which will ensure compliance by every
domestic ship operator with required safety standards and other rules and regulations on
vessel safety;
(12) Adopt such rules and regulations which ensure the reasonable stability of passengers
and freight rates and, if necessary, to intervene in order to protect public interest;
(13) Hear and adjudicate any complaint made in writing involving any violation of this
law or the rules and regulations of the Authority;
(14) Impose such fines and penalties on, including the revocations of licenses of any
domestic ship operator who shall fail to maintain its vessels in safe and serviceable
condition, or who shall violate or fail to comply with safety regulations;
(15) Investigate any complaint made in writing against any domestic ship operator, or any
shipper, or any group of shippers regarding any matter involving violations of the
provisions of this Act;

(16) Upon notice and hearing, impose such fines, suspend or revoke certificates of public
convenience or other license issued, or otherwise penalize any ship operator, shipper or
group of shippers found violating the provisions of this Act; and
(17) Issue such rules and regulations necessary to implement the provisions of this Act:
Provided, That such rules and regulations cannot change or in any way amend or be
contrary to the intent and purposes of this Act.

Maritime Law Handbook Domingo G. Castillo

3. COMPETENCY OF COURTS OR OTHER AUTHORITY

The Regional Trial Courts are the competent courts to issue an order of arrest of
vessels to enforce a civil claim by an action in rem, should the demand or claim exceed
PHP 300,000.00 or, in Metro Manila, where such a demand or claim exceeds PHP
400,000.00. In the event that the demand or claim does not exceed PHP 300,000.00 or, in
Metro Manila, where such a demand or claim does not exceed PHP 400,000.00, the
Metropolitan Trial Courts shall have exclusive jurisdiction (RA 7691, as amended by
Circular No. 21-99 dated 15 April 1999 of the Office of the Court Administrator).
However, vessels can be detained in circumstances where a civil action is not involved.
Examples of these circumstances are: vessels found in Philippine territorial water with
contraband goods or engaged in smuggling pursuant to the provisions of the Tariff and
Customs Code of the Philippines of 1978; a foreign-flag vessel found fishing illegally in
Philippine territorial waters; and a vessel which has not obtained the required permits or
licenses prescribed by the MARINA and the PCG.

3.1. Territorial extent of the jurisdiction of the Regional Trial Courts or the
Metropolitan Trial Courts

The jurisdiction of the Regional Trial Courts or, when appropriate, the
Metropolitan Trial Courts, may be exercised by the implementing Sheriff in arresting a
vessel within Philippine territorial waters.