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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 2017-121

RE: Application for Amendment of Certificate


of Public Convenience (CPC) for permanent
addition of ship named MBCA “OLIVIA ZHANG”,
pursuant to Republic Act No. 9295 and its 2014
2014 Amendments to Revised Implementing Rules
and Regulations.

BRAVE DIVER CENTER


RESORT CORPORATION,
Applicant/Petitioner.
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FORMAL OFFER OF EXHIBITS

EXHIBIT PURPOSE
“A” - Petition This is offered to prove that the applicant
/petitioner BRAVE DIVER CENTER
(The original copy of this is RESORT CORPORATION is the
attached to the records of this registered owner of a vessel, MBCA
case). “OLIVIA ZHANG”

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.

“A-1”- Signature This is offered to prove that Application for


Amendment of Certificate of Public
Convenience (CPC) for permanent addition
of ship named MBCA “OLIVIA ZHANG”,
was signed by Arlyn Albores by virtue of the
Secretary’s Certificate.
“A-2”- Filling Fee/ Proof of This is offered to prove that the appropriate
Payment fees were duly paid in relation to this
application/petition of the issuance of CPC
(Original copy of which is
to the herein applicant
attached to the records of this
case).
“B” - Notice of Hearing This is offered to prove that the
Application/Petition of herein
(The original copy of this is applicant/petitioner (Exhibit “A”) was given
attached to the records of this due course by this Office by requiring the
case but, for easy reference a publication of said notice of hearing and
photocopy of which is attached ordering the applicant/petitioner to present
hereto). the jurisdictional qualification and
documentary requirement on 26 January
2018, among others.

“C” –Affidavit of Publication This is offered to prove that in compliance


with the Notice of Hearing (Exhibit “B”)
(The original copy of this is issued by this office, applicant/petitioner
attached to the records of this caused the publication of the said notice of
case). hearing in The Bohol Chronicle a
newspaper of general circulation, on
September 5, 2018.

“C-1” – Newspaper clipping This is offered for the same purpose for
of 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).
“D” – Certificate of This is offered to prove that BRAVE DIVER
Accreditation CENTER RESORT CORPORATION is duly
registered /accredited under Memorandum
(The original copy of which is Circular No. 2006-003, issued pursuant to
attached to the records of this the provision of Chapter 1, Section 3 and
case). Rule IV, Section 6.6.1 of its Implementing
Rules and Regulation and as such is
authorized to engage in Domestic Shipping
Business and is entitled to all the rights,
privileges, benefits, incentives and
subsidies to be granted, and subject to all
duties and limitations which now and
hereinafter may be provided under existing
laws, orders, decrees, rules and
regulations.

“E”-SECRETARY’S This is offered to prove that the applicant-


CERTIFICATE petitioner duly authorized Arlyn Albores to
be his representative in this instant
(The original copy of which is application/petition.
attached to the records of this
case).
“F” - Categorization Map This is offered to prove the area where the
subject vessel can operate and navigate.
The original copy of which is
attached to the records of this
case).
“G”- Certificate of This offered to prove that Brave Diver
Incorporation Center Resort Corporation is granted
juridical personality by the Securities and
(The original copy of which is Exchange Commission as a corporation
attached to the records of this doing business in the Philippines.
case).

“H”- Audited Financial This is offered in evidence to prove that


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

“I” – Certificate of Philippine This is offered to prove that Brave Diver


Registry issued by MARINA Center Resort Corporation and the subject
vessel in this instant application/petition, is
(Copy of which was attached to duly registered in the Register of Philippine
the records of this case). Ships.

“J” – Certificate of This is offered to prove that Brave Diver


Ownership issued by Center Resort Corporation is the duly
MARINA registered owner of MBCA “OLIVIA
ZHANG”, the vessel subject matter of this
(Copy of which was attached to application/petition.
the records of this case).

“K” – Coastwise License This is offered to prove that MBCA “OLIVIA


ZHANG”, the vessel subject matter of this
(Copy of which was attached to application/petition is hereby licensed and
the records of this case). permitted in coastwise trading (Protected
Waters) for a period of One (1) year
provided that the other
certificates/authorities of the ship are valid
and subsisting according to the provisions
of the law and the regulation applicable
thereto.

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


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

“M” - Passenger Ship This is offered to prove that MBCA “OLIVIA


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

“N” - Minimum Safe Manning This is offered to prove that that MBCA
Certificate issued by “OLIVIA ZHANG”, owned by the herein
MARINA applicant-petitioner is considered to be
safely manned if, when it proceeds to
(Copy of which was attached to sea/protected waters, it carries not less
the records of this case). 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 MBCA “OLIVIA


Compliance issued by ZHANG”, owned by the herein applicant-
MARINA petitioner has complied with the minimum
service standards for motor bancas below
(Copy of which was 20 gross tons under MC 134.
attached to the records of this
case).
“P” – Ship Station License This is offered to prove that MBCA “OLIVIA
ZHANG”, is duly license and authorized by
(Copy of which was the National Telecommunication
attached to the records of this Commission to used and installed radio
case). equipment described in the Ship Station
License.

“Q” - Pictures of MBCA This is offered to prove the material


“OLIVIA ZHANG” allegations in the petition/application.

(Copies of which was


attached to the records of this
case).

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; September 24, 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