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Republic of the Philippines

Department of Transportation and Communications


MARITIME INDUSTRY AUTHORITY
MARINA Regional Office No. VII
2/F Qimonda I.T. Center Don Sergio Osmena Avenue
North Reclamation Area, Cebu City

Case No. CMRO 2017-13

RE: Application for issuance of Cetificate of Public


Convenience (CPC) to operate a non-scheduled tour
and cruise/dive shop service and to charge deregulated
rates, pursuant to Republic Act No. 9295 and its 2014
Amendments to Revised Implementing Rules and
Regulations.

FERNANDO A. SORIANO,
doing business under the name
and style of Star Dive Shop,
Applicant/Petitioner.
x-------------------------------------------------------------------------/

FORMAL OFFER OF EXHIBITS

EXHIBIT PURPOSE
“A” - PETITION (The original This is offered to prove that the applicant
copy of this is attached to the /petitioner who is doing business under the
records of this case). name and style of Star Dive Shop is the
registered owner of a vessel, SB “STAR
DIVE”

This is also offered to prove that, with


respect to the aforesaid vessel, the applicant
possesses all the qualifications and none of
the disqualifications to apply for the issuance
of and be granted with a Certificate of Public
Convenience (CPC) to operate a non-
scheduled tour and cruise/dive shop service
and to charge deregulated rates pursuant to
existing laws and/or MARINA rules and
regulations.
“B” – Certificate of This is offered to prove that
Accrediation. (Copy of applicant/petitioner Star Dive Shop
which is attached to the (Fernando A. Soriano) is duly
records of this case). registered/accredited by MARINA to engage
in Domestic Shipping Business (Tourism
Oriented) during the period indicated
therein.

“C” – Certificate of This is offered to prove that the


Business Name applicant/petitioner FERNANDO A.
Registration issued by DTI. SORIANO is duly authorized to do business
(Copy of which was attached under the name and style of STAR DIVE
to the records of this case). SHOP; thus, he has the legal personality to
pursue this instant application/petition under
the same business name.

“D” – Special Power of This is offered to prove that the applicant-


Attorney. (Original copy of petitioner duly authorized MARIBETH F.
which is attached to the SAROL to be his representative in this
records of this case). instant application/petition.

“E” Categorization Map. This is offered to prove the area where the
(Original copy of which is subject vessel can operate and navigate.
attached to the records of
this case).

“F” – Projected Income This is offered in evidence to prove that


Statement. (Copy of which herein applicant/petitioner is financially
was attached to the records capable to provide and sustain safe,
of this case. reliable, adequate, efficient and economical
service relative to the operation of the
subject vessel.

“G” - NOTICE OF This is offered to prove that the


HEARING. (The original Application/Petition of herein
copy of this is attached to the applicant/petitioner (Exhibit “A”) was given
records of this case but, for due course by this Office by requiring the
easy reference a photocopy publication of said notice of hearing and
of which is attached hereto). ordering the applicant/petitioner to present
the jurisdictional qualification and
documentary requirement on 26 January
2018, among others.
“H” - AFFIDAVIT OF This is offered to prove that in compliance
PUBLICATION. (The original with the Notice of Hearing (Exhbit “G”)
copy of this is attached to the issued by this office, applicant/petitioner
records of this case.) caused the publication of the said notice of
hearing in The Bohol Tribune, a newspaper
of general circulation, on January 21, 2018.

“I” – Newspaper clipping of This is offered for the same purpose for
The Bohol Tribune where which Exhibit “C” is offered.
the Notice of Hearing was
printed. (The original copy of
which is attached to the
records of this case).

“J” – Certificate of This is offered to prove that Star Dive Shop


Ownership issued by (Fernando A. Soriano) is the duly registered
MARINA. (Copy of which owner of SB “STAR DIVE”, the vessel
was attached to the records subject matter of this application/petition.
of this case).

“K” – Certificate of This is offered to prove that SB “STAR


Philippine Registry issued DIVE”, owned by Star Dive Shop (Fernando
by MARINA. (Copy of which A. Soriano) and the subject vessel in this
was attached to the records instant application/petition, is duly
of this case). registered in the Register of Philippine
Ships.

“L” Bay and River License This is offered to prove that SB “STAR
issued by MARINA. (Copy DIVE” owned by the herein applicant-
of which was attached to the petitioner is duly licensed and permitted to
records of this case). engage in bay and river trading (protected
water) for a period of one (1) year.

“M” Passenger Ship Safety This is offered to prove that SB “STAR


Certificate issued by DIVE” owned by the herein applicant-
MARINA. (Copy of which petitioner has complied with the
was attached to the records requirements under Philippine Merchant
of this case). Marine Rules and Regulations (PMMR)
1997 and its subsequent amendments.

“N” Minimum Safe This is offered to prove that SB “STAR


Manning Certificate issued DIVE” owned by the herein applicant-
by MARINA. (Copy of which petitioner is considered to be safely
was attached to the records manned if, when it proceeds to
of this case). sea/protected waters, it carries not less
than one (1) personnel from the Deck
Department and one (1) from the Engine
Department or such number of personnel
specified in the said certificate.

“O” Certificate of This is offered to prove that SB “STAR


Compliance issued by DIVE” owned by the herein applicant-
MARINA. (Copy of which petitioner has complied with the minimum
was attached to the records service standards for motor bancas below
of this case). 20 gross tons under MC 134.

“P” Maximum Load Line This is offered to prove that SB “STAR


Marking Certificate issued DIVE” owned by the herein applicant-
by MARINA. (Copy of which petitioner has been surveyed and that the
was attached to the records freeboards have been assigned and load
of this case). lines shown in this certificate have been
marked in accordance with the International
Convention on Load Lines, as amended.

“Q” Passenger Insurance This is offered to prove that applicant had


Coverage. (Copy of which bought an insurance policy covering the
was attached to the records passengers of the subject vessel in
of this case). compliance with the existing regulation.

“R” and sub-markings - This is offered to prove the material


Pictures of SB “STAR allegations in the petition/application.
DIVE”. (Copies of which was
attached to the records of
this case).

“S” Official Receipt & This is offered to prove that the appropriate
ATAP (Original copy of fees were duly paid in relation to this
which is attached to the application/petition of the issuance of CPC
records of this case). to the herein applicant/petitioner.

“T”- Affidavit of Fernando This is offered to prove that the subject


A. Soriano (Copy of which service will provide economic and beneficial
was attached to the records effect to the ports within the region, as well
of this case. as to the Province of Bohol itself in general
and in the Municipality of Panglao, Bohol in
particular.

PRAYER

WHEREFORE, foregoing considered it is most respectfully prayed of


this Honorable Office that the foregoing documentary exhibits be please
admitted.
It is likewise prayed that after the admission of the above-mentioned
exhibits the Petitioner/Applicant shall be considered to have rested its case
and the same is deemed submitted for resolution.

Other relief and remedies consistent with justice are also prayed for.

Tagbilaran City, for Cebu City, Philippines; February 1, 2018.

DONI D. PIQUERO
Counsel for the Applicant/Petitioner
PIQUERO LAW OFFICE
51 Remolador St., City of Tagbilaran
PTR No. 0474717, Dec. 27, 2017; Tagbilaran City
IBP Lifetime No. 02213, Dec. 30, 2000;
Roll No. 40853; Apr. 12, 1996
MCLE Compliance No. V-0011622; Nov. 2, 2015

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