MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Memorandum of Agreement governing the authorization of ship safety inspection services, issuance of Special Permit to carry dangerous cargoes/goods, performance of ship safety enforcement functions and marine casualty investigation for Philippine-registered ships engaged in domestic operations is made and entered by and between.
The MARITIME INDUSTRY AUTHORITY herein after called MARINA, a government agency created by virtue of Presidential Decree No. 474, represented herein by its Administrator, MR. VICENTE T SUAZO, JR., hereinafter referred to as the “First Party”.
The PHILIPPINE COAST GUARD, herein after called PCG, a government agency created by virtue of Republic Act No. 5173, represented herein by its Commandant, VADM ARTHUR N GOSINGAN PCG, hereinafter referred to as the “Second Party”.
WHEREAS, under Republic Act No. 5173, as amended, the PCG is mandated to enforce laws, or assist in the enforcement of all applicable laws upon the high seas and waters subject to the jurisdiction of the Republic of the Philippines;
WHEREAS, under R.A. 9295, the Domestic Shipping Act of 2004, the MARINA has the power and authority to inspect all vessels to ensure and enforce compliance by every domestic ship operator with required safety standards and other rules and regulations on vessel safety;
WHEREAS, during the MARINA Board Meetings held on April 21, 2005 and July 15, 2005, the Secretary of the Department of Transportation and Communications (DOTC), as Chairman of the MARINA Board, directed the MARINA and PCG to come up with an agreement involving the implementation of ship safety inspection and enforcement functions pursuant to RA 9295;
WHEREAS, there is an imperative need to enter into this arrangement in order to optimize available resources of the government;
NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereby agree and bind themselves to the arrangement indicated herein below:
The purpose of the Agreement is: a.) to authorize the Second Party to perform ship safety inspection services in behalf of the First Party; b.) for both parties to define the coverage, terms, conditions and requirements of such authorization; c.) to authorize the Second Party to issue-Special Permit to carry dangerous cargoes/goods; d.) to assist the First Party to perform enforcement activities; and e.) to provide administrative proceeding for marine casualty or incident.
2.1 Inspection services comprise the assessment of Philippine-registered ships engaged in domestic trade in order to determine the compliance of such ships with applicable requirements of national laws, rules and regulations and international conventions; provided, that said laws, rules and regulations and international conventions are within the jurisdiction of the MARINA. Provided further that such laws, rules and regulations pertain to ship safety standards. For the purpose of this Agreement, the phrase “inspection services” means the inspection conducted by the Second Party for and in behalf of the First Party prior to the issuance of ship safety certificates by the First Party, pursuant to MARINA Memorandum Circular No. 203, and its amendments, adopting the Ship Safety Inspection System (SSIS).
2.2 Authorization by the First Party of the Second Party to perform ship safety inspection services shall be based on ships homeported in areas covered by the Maritime Regional Offices (MROs), to wit.
A. Zamboanga Maritime Regional Office (ZMRO)
A.1 Mapun, Cagayan de Tawi-Tawi
A.2 Taganak, Tawi-tawi
B. Tacloban Maritime Regional Office (TMRO)
B.1 Biri, N Samar
B.2 Bobon, N samar
B.3 Catarman, N samara
B.4 Gamay, N Samar
B.5 Laoang, N Samar
B.6 Mapanas, N Samar
B.7 Mondragon, N Samar
B.8 Palapag, N Samar
B.9 Pambujan, N Samar
B.10 San Jose, N Samar
C. Batangas Maritime Regional Office (BMRO)
C.1 Aurora Province
C.4 Panulukan, Polillio, Island
C.5 Burdeous Northern Luzon
C.7 General Nakar
C.12 San Narciso
C.13 San Andres Southern Quezon
C.14 San Francisco
D. Northern Luzon Maritime Regional Office (NORLUMRO)
D.1 Batanes Group of Islands
E. Cotabato Maritime Regional Office (COTMRO)
E.1 Kalamansig, Sultan Kudarat
E.2 Palimbang, Sultan Kudarat
2.3 The Second Party shall be governed by the Ship Safety Inspection System (SSIS), in the conduct of inspection service authorized herein, and the procedures, standards and forms prescribed therein shall be strictly adhered to by the Second Party.
2.4 The designated ship inspector of the Second Party shall meet the qualification requirements prescribed for ship safety inspectors’ under the SSIS. Such qualified ship inspectors of the Second Party shall be fully familiar with the pertinent safety rules and regulations for domestic ships, and undergo orientation/training on the SSIS.
2.5 All ship safety certificates shall be issued by the First Party to ships inspected by the Second Party homeported in the areas covered under Chapter 2, Section 2.2 hereof.
2.6 The Second Party shall submit within five (5) working days after the conduct of the inspection to the concerned Maritime Regional Office of the First Party a copy of the Inspection Reports.
ISSUANCE OF SPECIAL PERMIT TO CARRY DANGEROUS CARGOES/GOODS
3.1 The Second Party shall continue to issue Special Permit to carry dangerous cargoes/goods on board Philippine registered ships engaged in domestic trade, pursuant to MARINA Memorandum Circular No. 101, and its amendments.
3.2 The Second Party shall submit copies of the Special Permit issued to the nearest Maritime Regional Office of the First Party not later than the fifth working day of the following month.
The Second Party shall continue to assist the First Party in the following enforcement activities, prior to the ship’s departure and while the ship is under way:
4.1 Verify validity of ship and crew documentation prior to ship’s departure.
c. Permit to Operate Cargo and Fishing Vessels
d. Special Permit to Navigate
e. Special Permit to Carry Dangerous Goods/Cargoes
i. DOC/ SMC
4.2 Verify compliance with all terms and conditions of the Certificated of Public Convenience (CPC), or CPC Exemption, specifically:
a. Approved routing pattern/s;
b. Validity of passenger issuance policy; and
c. Maximum authorized passenger capacity through head counting in case there is clear indication of overloading/overcrowding.
4.3 Serve copies of MARINA-issued Cease and Desist Order (CDO) to the Master of the ship and to enforce the same until such time that the First Party will issue a formal certification that lifts the CDO.
4.4 Issue Maritime Violation Receipt (MVR) to the Master of the ship who fails to comply with the provisions of relevant laws, rules and regulations on vessel safety. A copy of the MVR shall be submitted to the First Party for adjudication pursuant to Section 18 of RA 9295. However, when the violation warrants detention of the ship, the Second Party shall request the Philippine Ports Authority in writing, together with a copy of the MVR, to deny departure clearance of the ship in accordance with Executive Order No. 493.
Upon correction of the detainable violation(s), the Second Party shall immediately request the Philippine Ports Authority in writing to lift the denial of departure clearance of the ship without prejudice to an adjudication of same detainable violation(s), by the First Party pursuant to Section 18 of RA 9295.
A copy of all MVR’s issued and written requests made by the Second Party shall be provided the concerned Maritime Regional Office of the First Party within five (5) working days from issuance or date of written request.
4.6 Receive/Accept copy of Master’s Oath of Safety Departure (MOSD) prior departure of vessels and forward a copy of same to the First Party on a monthly basis.
4.7 Conduct boarding of vessels while underway to perform safety regulatory inspections when reports are received or there are reasons to believe that the vessel has committed maritime safety violations. Undue delay on the operation of vessels however, must also be considered in the performance of this function.
ADMINISTRATIVE PROCEEDING ON MARINE CASUALTIES OR INCIDENTS
5.1 For purpose of this Chapter, the following terms are defined as:
5.1.1 Marine Casualty means an event involving any ship which occurs within the navigable waters of the Republic of the Philippines, or an event involving any Philippine Vessel, which occurs outside Philippine territorial waters, that has resulted in any of the following:
a. The death of, or serious injury to, a person that is caused by, or in connection with, the operations of a ship; or
b. The loss of a person from a ship that is caused by, or in connection with, the operations of as ship or
c. The loss, presumed loss or abandonment of a ship; or
d. Material damage to a ship; or
e. The stranding or disabling of a ship, or the involvement of a ship in a collision; or
f. Material damage being caused by, or in connection with, the operation of a ship.
This provision, however, does not apply when the incident/accident involves only naval ships or ships of war.
5.1.2 Marine Protest – It is a declaration on oath, by the Master, of the circumstances attending the damage or loss of his vessel, intended to show that the loss occurred by the perils of the sea, and concluding with a protestation against any liability of the owner to the freighters.
The Marine Protest shall be filed by the Master within twenty four (24) hours following his arrival at the nearest Station or District of the Second Party, copy furnished the nearest Maritime Regional Office of the First Party whenever the casualty results in any of the following:
a. Actual physical damage to property exceeding one thousand pesos;
b. Material damage affecting the seaworthiness or efficiency of a vessel;
c. Stranding, grounding or sinking;
d. Loss of life;
e. Injury causing any person to remain incapacitated for a period in excess of 72 hours, except injury to harbor workers not resulting in death and not resulting from the vessel’s casualty or vessel equipment casualty.
5.2 Both Parties recognize that the First Party has the power and authority to hear and adjudicate any complaint made in writing involving any violation of RA 9295.
5.3 Both Parties recognize that under Republic Act No. 5173, P.D. No. 601 and 1976 Philippine Merchant Marine Rules and Regulations, the Second Party has the power and authority to convene the Board of Marine Inquiry and Special Boards of Marine Inquiry.
5.4 Both Parties recognize that the jurisdiction of the Board of Marine Inquiry is to conduct administrative investigations to determine the causes of marine casualties or incidents upon receipt of a marine protest and to review on appeal the results and findings of Special Boards of Marine Inquiry. Both Parties also recognize that the jurisdiction of the Special Boards of Marine Inquiry is to conduct administrative investigations to determine the causes of marine casualties in their geographical areas of jurisdiction.
INTERPRETATION, EQUIVALENTS, EXEMPTIONS
6.1 The interpretations of applicable rules and regulations as well as the determination of equivalents or the acceptance of substitutes to the requirements of such applicable rules and regulations are the prerogative of the First Party.
6.2 Exemption from the requirements of applicable rules and regulations shall be the prerogative of the First Party.
Both parties will jointly undertake check and balance measures and systems, including joint inspections, mutual feedback system, and regular assessment conferences to ensure the effective compliance with this Agreement.
FEES AND CHARGES
Fees and charges for ship safety inspection services rendered and issuance made by the Second Party Pursuant to this Agreement shall be based on the First Party’s Memorandum Circular No. 183, and its subsequent amendments. Such fees and charges shall be deposited in the account of the First Party in accordance with the provisions of RA 9295 and the General Appropriations Act.
SUPPLIES AND EXPENSES
9.1 Supplies, materials and other incidental requirements such as Official Forms, receipts, shall be provided by the First Party.
9.2 All inspectors of the Second Party performing ship safety inspection services for and in behalf of the First Party at locations outside 50 kilometer radius from their official stations shall be provided reimbursement of transportation and travel expenses in accordance with EO 298, subject to the usual accounting and auditing rules and regulations.
9.3 In the conduct of a ship safety inspection services by the Second party for and in behalf of the First Party in areas within 100 kilometer radius from the official stations of their inspectors, a reasonable amount to cover gasoline expenses, supported by official receipts shall be allowed for reimbursement, as authorized by a valid travel order issued for the purpose.
9.4 Mailing services shall be shouldered by the First Party. The concerned Maritime Regional Office of the First Party shall arrange with a courier service entity in their area for this purpose.
Amendments to this Agreement shall become effective only after consultation and written Agreement between the First Party and the Second Party.
If this Agreement is breached by one of the parties, the other Party will notify the violating Party of its breach in written to allow the notified Party the opportunity to remedy the breach within sixty (60) days, failing which the notifying Party has the right to terminate the Agreement immediately without the need for judicial action/proceedings.
This Agreement may be terminated by either Party after written notice to the other Party.
Parties shall undertake a mandatory review of this MOA once every two (2) years and as often as it may deem necessary with the primary objective of promoting and developing a more improved, responsive and efficient delivery of public service to the country’s maritime industry.
This Agreement shall take effect fifteen (15) days from the date of signing.
IN WITNESS WHEREOF, the parties hereunto affix their signatures this 14th day of September 2003, at Mandaluyong City, Philippines.
MARITIME INDUSTRY AUTHORITY PHILIPPINE COAST GUARD
MR. VICENTE T SUAZO,JR RADM DAMIAN CARLOS PCG
Signed in the presence of:
HON. LEANDRO R MENDOZA
Department of Transportation and Communications
MEMORANDUM OF AGREEMENT
SUBJECT : MEMORANDUM OF AGREEMENT BETWEEN THE PHILIPPINE COAST GUARD AND PHILIPPINE NAVY ON THE TRANSFER OF THE HEADQUARTERS, COAST GUARD MINDANAO COMMAND
Favorable consideration and endorsement for the Secretary’s approval and signature on the Memorandum of Agreement signed between the Philippine Navy and Philippine Coast Guard on 12 September 2007 for the transfer of the Headquarters, Coast Guard Mindanao Command to the 3,500 square meters lot inside Naval Station Zamboanga (NSZ).
1. The Headquarters, Coast Guard Mindanao Command (HCGMINCOM), its Enlisted Personnel (EP) Barracks, and the Global Maritime Distress and Safety System (GMDSS) Building are coast guard properties (by virtue of Section 4 of E.O. 477 series of 1998) located inside Naval Station Zamboanga, a unit under the Philippine Navy.
2. While the present set up is very favorable to the Philippine Coast Guard (PCG) in terms of the added layer of security being provided by the Philippine Navy (PN), the latter has other plans. Sometime in 2002 they made it known that they would like for HCGMINCOM to transfer to another location.
3. In the ensuing series of meetings and discussions between the PCG and PN highlighted by the official visit of CPCG to FOIC,PN on 18 April 2007 it was decided to transfer HCGMINCOM and its allied facilities to the 3,500 square meters lot located at the southeasterly boundary of NSZ (please see location map). The 3,500 square meters is equal to the area that will be vacated by HCGMINCOM and the EP Barracks. To effect this agreement a Memorandum of Agreement (MOA) was signed between ADM DAMIAN L CARLOS PCG(Ret), the former Commandant, PCG and VADM ROGELIO I CALUNSAG AFP, Flag Officer-In-Command, PN on 12 September 2007.
4. The salient features of the MOA are:
a. The PCG will be allowed to use and occupy a 3,500 square meters lot inside Naval Station Zamboanga for the purpose of aiding the PN in enhancing maritime security. (The proviso for the purpose was included in order for PN to have a firm footing to justify its authority to give away part of a land which was reserve for military purposes under Presidential Proclamation No. 112 issued on 19 November 1936).
b. PCG to shoulder all cost for the conduct of actual land survey to determine the exact technical description of the allocated parcel of land.
c. PCG to shoulder all cost that would be borne out of the allotted area, such as taxes, utilities, and others.
d. PCG to construct an access roadway with security gate to and from the allotted lot to the adjacent Western Mindanao Command road.
e. The PN shall allow the unhampered access of PCG personnel to the existing Global Maritime Distress and Safety System (GMDSS) Facility, which will remain and operate in its present location until such time that said facility is relocated to its permanent solution.
5. Though the MOA was silent on some issues, the PN Technical Working Group that worked with their PCG counterpart in forging the MOA further agreed on the following provisions:
a. The PN will not oppose any move on the part of the PCG to have the allotted area become a permanent PCG real estate property (i.e. amendment of PP No. 112 or any other legal means).
b. The three (3) buildings inside the area will remain for use of HCGMINCOM.
c. The PN will shoulder the expenses for the dismantling of the old HCGMINCOM Building.
6. However, as there is an existing DND/AFP Regulation requiring that all MOAs entered into by the Major AFP Services must have the approval of the Secretary of National Defense, the transfer of HCGMINCOM will have to be put on hold until said approval has been given.
7. In view of the foregoing, the undersigned recommends for the approval and signature of the Honorable Secretary, DOTC on the attached Memorandum of Agreement (MOA).
FOR THE HONORABLE UNDERSECRETARY’S APPROVAL.
VADM DANILO A ABINOJA PCG
MARIA ELENA H. BAUTISTA
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS
This agreement made and entered into by and between:
The PHILIPPINE COAST GUARD, a government agency created under the law, with offices at 139 25th St., Port Area, Manila represented by its Commandant, ADMIRAL DANILO A. ABINOJA and hereinafter referred to as the “OCG”;
The WHITE ROCK BEACH RESORT HOTEL, a corporation duly organized under the laws of the Republic of the Philippines, with principal office at Purok 3Bo. Matain, Subic , Zambales represented here in by VERONICA GORDON LORENZANA hereinafter referred to as the “CORPORATION”
WHEREAS, the PCG, pursuant to its mandated function of promoting “safety of life at sea”, which can be better achieved through the establishment and maintenance of land support facilities, considers it of paramount importance the extensive rehabilitation and continued maintenance and operation of the Lighthouse in Capones Island situated at Pundakit, San Antonio, Zambales.
WHEREAS, the trust of the National Government and Local Government Units of the country is to promote the tourism industry and it has long been the aspiration of the people of the Municipality of San Antonio for the development of the Lighthouse in Capones Island as a tourist spot and destination;
WHEREAS, due to lack of funds, the PCG initiated, with the consent of the President of the Republic of the Philippines the “Adopt a Lighthouse Project” to ensure the preservation and maintenance of lighthouses, many of which were built during the early times like the Lighthouse in Capones Island;
WHEREAS, it is an earnest belief that in order to hasten the development and promotion of the project. The corporation has volunteered and so agreed to adopt the Lighthouse in Capones, Island;
WHEREAS, the PCG, recognizing the potential of this project, is very much willing that private corporation undertakes this project not only to promote tourism but also improve the socio economic condition of the locality;
WHEREAS, the corporation has the management and financial capabilities to undertake this project.
NOW THEREFORE, for and in consideration of the foregoing premises and mutual covenants and undertaking herein set forth, the PCG agrees and the CORPORATION accepts, under the Adopt A Lighthouse Program, to adopt Lighthouse in Capones Island under the following terms and conditions, to wit:
I. On the part the PHILIPPINE COAST GUARD:
The PHILIPPINE COAST GUARD shall:
1. continue to be the sole owner and the administrator of the Lighthouse Capones Island with the right to deny entrance into the area during emergency.
2. remain responsible for the actual operation and reguslar maintenance of the Lighthouse Capones Island including all supporting mechanism (i.e. solar panels, batteries, etc.)
3. be responsible in the deployment of Coast Guard personnel to oversee it’s the operation;
4. allow the COPORATION to repair/rehabilitate and maintain its structures (main building and tower) without altering the original design;
5. supervise any construction and development activity of the Lighthouse Capones Island and its area;
II. On the part of the __________________________:
The Corporation shall:
1. take charge of the rehabilitation/development of the Lighthouse Capones Island structure and its vicinity;
2. source-out funds for the rehabilitation of Lighthouse Capones Island building;
3. not interfere with the operation and function of the Lighthouse;
4. request permission from the PCG before any improvement and construction shall be made;
5. assure that no settlement of any kind shall be undertaken within the lighthouse area in accordance with provision of existing laws.
This Memorandum of Agreement shall take effect on the date of signing and be effective for a period of twenty five (25) years and renewable for the same period and shall only be terminated with the mutual consent of the parties.
IN WITNESS WHEREOF, the parties have hereunto affixed their signature this ____ day of ________ at _____________________
PHILIPPINE COAST GUARD WHITE ROCK RESORT HOTEL
ADMIRAL DANILO A ABINOJA VERONICA GORDON LORENZANA
MEMORANDUM OF AGREEMENT
KNOW BY ALL MEN BY THESE PRESENTS
This Agreement made and entered into by and among
The PHILIPPINE TOURISM AUTHORITY, a government owned and controlled corporation with office address at DOT Building, T.M. Kalaw St., Ermita, Manila, represented herein by its General Manager & Chief Executive Officer, ROBERT DEAN S. BARBERS, MNSA, hereinafter referred to as the AUTHORITY;
The PHILIPPINE COAST GUARD, a government agency created under the law, with office address at 139 25th Street, Port Area, Manila represented by its Commandant, ADMIRAL DANILO A ABINOJA hereinafter referred to as the PCG.
The MUNICIPALITY of LOBO, PROVINCE OF BATANGAS, represented by its Mayor, Honorable VIRGILIO R. MANALO, hereinafter referred to as the MUNICIPALITY;
The AKIKO THOMSON, INC., a corporation duly organized under the laws of the Republic of the Philippines, with principal office at 1225 Penefrancia Street, Paco, Manila, represented by its Director, JAMES MARSH THOMSON hereinafter referred to as the CORPORATION;
WHEREAS, the PCG, pursuant to its mandated function of promoting “safety of life of sea”, which can be facilitated through proper maintenance of vital aids to navigation, considers to extensive rehabilitation, upgrading and continued maintenance and operation of the Malabrigo Lighthouse situated at Malabrigo, Lobo, Batangas of urgent importance;
WHEREAS, the thrust of the National Government and Local Government Units of the country is to promote the tourism industry and it has long been the aspiration of the people of the Municipality of Lobo for the development of the Malabrigo Lighthouse as a tourist spot and distination.
WHEREAS, due to lack of funds, the PCG, with the consent of the President of the Republic of the Philippines, initiated the “Adopt a Lighthouse” program to ensure the preservation and maintenance of lighthouses, many of which are built during the Spanish times, like the Malabrigo Lighthouse;
WHEREAS, in order to hasten the preservation, operation, maintenance and promotion of the project, the Authority, and the Corporation have offered and so agreed to adopt the Malabrigo Lighthouse;
WHEREAS, the thrust of the National Government and Local Government Units of the country is to promote the tourism industry and it has long been the aspiration of the Municipality of Lobo to develop the Malabrigo Lighthouse as a tourist destination;
WHEREAS, the Municipality has also agreed to provide the necessary support and assistance in the operation and maintenance of the lighthouse;
WHEREAS, the PCG, recognizing the potential of these project, is very much willing that the Authority, Municipality and the Corporation undertake their respective commitments for the Lighthouse not only to promote tourism but also to improve the socio-economic condition of the locality;
NOW THEREFORE, for and in consideration of the foregoing premises and mutual covenants and undertaking herein set forth, the PCG agrees and the AUTHORITY, the MUNICIPALITY and CORPORATION accept under the Adopt a Lighthouse Program, the Malabrigo Lighthouse under the following terms and conditions, to wit;
ARTICLE I : OBJECTIVE
The AUTHORITY, the PCG, the MUNICIPALITY and the CORPORATION hereby agree to undertake the proposed rehabilitation and development, operation, maintenance and promotion of the MALABRIGO LIGHTHOUSE located at Barrio Malabrigo, Lobo, Batangas for the benefits and enjoyment of foreign and local tourists.
ARTICLE II : RESPONSIBILITIES OF PARTIES
On the part of the PHILIPPINE TOURISM AUTHORITY
The Philippine Tourism Authority shall:
1. Provide the necessary fund in the amount of THREE MILLION PESOS (P3,000,000.00), representing the restoration and rehabilitation costs of the Malabrigo Lighthouse project located at Lobo Batangas, in accordance with Plans and Specifications of the Program of Works agreed upon by the parties and hereto attached as Annex “A” and made an integral part of this agreement.
a. Initial release shall be in the amount of ONE MILLION PESOS (P1,000,000.00)
b. 2nd release – ONE MILLION PESOS (P1,000.000.00)
c. 3rd & Final release – ONE MILLION PESOS (P1,000,000.00)
The 2nd and 3rd release of financial assistance shall be effected by the AUTHORITY only upon submission of liquidation reports of the initial fund released duly authenticated by the Commission of Audit.
2. Assign a Project Engineer who will monitor the progress of construction and recommend disbursements for the Project out of the funds provided by the AUTHORITY.
3. Turn over said project, upon completion to the Municipality and the Corporation, which shall thereafter, be fully responsible for its operation, administration, conservation, proper maintenance and promotion.
On the part of the PCG:
The Philippine Coast Guard shall:
4. Continue to be role sole owner and administrator of the Malabrigo Lighthouse with the right to deny entrance into the area during emergency;
5. Remain responsible for the actual operation and regular maintenance of the Malabrigo Lighthouse “beacon light” including all supporting mechanism (i.e. generator, solar panels, etc.) and provide/source-out funds needed for such purpose;
6. Be responsible in the deployment of Coast Guard personnel which shall oversee the operation of the “beacon light” and all other supporting mechanism;
7. Allow the Authority and the Corporation in close consultation with the appropriate government agencies and concerned NGO’s i.e. National Historical Institute (NHI) and the Heritage Conservation Society (HCS) to restore/rehabilitate its buildings (main building and tower) without the altering the original structural design;
8. Allow the Authority and the Corporation to develop and maintain its vicinity and establish additional facilities and amenities for tourism purposes: i.e. establishment of trails for trekking/hiking, construction of souvenir shops, comfort rooms, cafeteria, picnic sheds and other similar facilities;
9. Supervise any construction, undertaking and vicinity development activity of the Malabrigo Lighthouse and its area;
10. Allow the contracting parties to impose fees in the utilization of the new facilities and amenities and other regulatory fees to be used for the operation and maintenance;
On the part of the MUNICIPALITY and the CORPORATION
The Municipality and the Corporation shall:
1. The MUNICIPALITY shall accept the fund appropriated for the implementation of the Project and place the same in a trust fund for which it can be disbursed upon the recommendation of the AUTHORITY’s Engineer/duly authorized representative and/or the MUNICIPALITY’s Engineer, together with the Corporation’s designated technical representative for the project, and the Municipal Mayor which will later be subject to liquidation.
2. The MUNICIPALITY shall submit a report of disbursements to the AUTHORITY as noted by the Corporation and verified by the Commission on Audit. No additional amount shall be transferred unless the initial 2nd fund transfers have been accounted or liquidated.
3. The MUNICIPALITY shall undertake the bidding for the implementation of the project thru its Bids and Awards Committee of the Municipality in accordance with government rules and regulations and witnessed by the Corporation and the Authority.
4. The MUNICIPALITY shall advise the PCG, AUTHORITY and the Corporation on the date and place of bidding to witness the opening of bids.
5. The MUNICIPALITY shall accept the formal turn over of the project upon its completion in accordance with the approved plans as certified by the AUTHORITY, PCG, MUNICIPALITY and CORPORATION’s representatives shall be wholly responsible for its operation, administration, conservation, maintenance and promotion.
6. The MUNICIPALITY shall appropriate adequate funds for the continuous operation, administration and sufficient maintenance of the project. In this connection, the Municipality and Corporation shall appoint their respective administrators who shall be directly responsible for the project and provide a full complement of manpower necessary and required thereat;
7. The MUNICIPALITY shall undertake the promotion of Malabrigo Lighthouse as a tourist destination for the Municipality of Lobo, principally for the development of tourism particularly in the development of the Malabrigo Lighthouse as its pivotal center;
8. The MUNICIPALITY shall clear with the PCG, the Authority, NHI and HCS before any further improvements and construction shall be made;
9. The MUNICIPALITY shall assure that no settlement of any kind shall be allowed within the Lighthouse area in accordance with the provision of existing laws;
10. The MUNICIPALITY shall keep the PCG free from any claim from third parties arising from the use and operation of the facilities and the area as a tourist spot.
ARTICLE III : OTHER COVENANTS
1. All revenues generated from the operation of the Project shall accrue for the continuous operation, conservation, maintenance and promotion of the same.
2. It has hereby understood and agreed that the AUTHORITY or its duly authorized representative shall have the right to inspect the premises at any reasonable hour of the day upon presentation by the representative of an authorization and proper identification for the purpose. Failure to present the above shall give the right to deny access to the premises.
3. It is hereby understood and agreed that the MUNICIPALITY shall take up in its books of accounts the project in accordance with accounting and auditing rules and regulations.
4. The total fund transferred to the MUNICIPALITY will have to be liquidated to the AUTHORITY, in accordance with auditing rules and regulations.
5. The reportorial requirements and requisite documents to be submitted by the MUNICIPALITY and the CORPORATION to the AUTHORITY will be treated in separate letters accompanying the remittance of project funds.
6. It his hereby understood and agreed that should there be any violation of the terms and conditions of this Agreement by the Municipality and the Corporation, the AUTHORITY shall be constrained from entertaining or considering requests of similar nature or such other tourism-oriented projects.
This Memorandum of Agreement, which supersedes previous agreements on the restoration and development of Malabrigo Lighthouse, shall take effect on the date signed hereof by the parties concerned and shall only be terminated with the mutual consent of all parties.
IN WITHNESS WHEREOF the parties have hereunto affixed their signatures this ____________________day of __________________ at _________________.
PHILIPPINE TOURISM AUTHORITY PHILIPPINE COAST GUARD
By : By :
ROBERT DEAN S. BARBERS, MNSA ADM DANILO A ABINOJA PCG
General Manager & CEO Commandant
MUN. OF LOBO, BATANGAS AKIKO THOMSON, INC.
VIRGILIO R. MANALO CAPT. JAMES MARSH THOMSON, PCGA
MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement made and entered into by and among:
The PHILIPPINE COAST GUARD, a government agency created under the law, with office address at 139 25th Street, Port Area, Manila, herein represented by its Commandant, ADMIRAL DANILO A. ABINOJA PCG hereinafter referred to as the PCG;
The NATIONAL MAPPING AND RESOURCE INFORMATION AUTHORITY, the central mapping and resource information agency of the Philippine government, with office address at Lawton Avenue, Fort Bonifacio, Taguig City, herein represented by its Administrator, DIONY A VENTURA hereinafter referred to as the NAMRIA;
The PHILIPPINE COAST GUARD AUXILIARY 119TH / 121ST MARITIME SQUADRON; a voluntary uniformed non-government organization, formed with a military structure and attached to the Philippine Coast Guard under the Development of Transportation and Communication, with office address at ____________________, herein represented by its Squadron Commander, ______________________ hereinafter referred to as the 119TH / 121ST PCGA MARITIME SQUADRON.
WHEREAS, Philippine Coast Guard Auxiliary 119th / 121st Maritime Squadron Groups, was instructed of the mandated tasks by former Philippine Coast Guard (PCG) Commandant Vice Admiral Euceo E. Fajardo PCG, Vice Admiral Reuben S. Lista PCG, to draft and draw the Philippine Coast Guard Memo-Circular for the Proposed Establishment of the Philippine Archipelagic Navigational Sea Lanes/Sailing Guide Routes and Vessel Traffic Management Systems on August 02, 2000.
WHEREAS, Philippine Coast Guard Auxiliary 119th / 121st Maritime Squadron Groups, are professionals in the maritime fields can assist and enhance the professionalization of the PCG rank and file through the transfer of knowledge that will surely derived from the activity.
As provided for in the Department of Environment and Natural Resources (DENR) Administrative Order No. 31, series of 1988, which prescribed the guidelines implementing Section 22 (a) of Executive Order 192, our organization is mandated to provide the public with map-making services and to act as the central mapping agency, depository, and distribution facility of natural resources data in the form of maps, charts, texts, and statistics.
WHEREAS, Philippine Coast Guard Auxiliary 119th / 121st Maritime Squadron Groups, and the Philippine Coast Guard with its personnel mentioned above are the sole partnership owners of the Proposed Philippine Archipelagic Navigational Sea Lanes / Sailing Guide Routes and Vessel Traffic Management System dated August 02, 2000, copyright=First published on August 10, 2001 Registered September 3, 2001; Reg. No. A2001-1515 and Second published on April 30, 2002 Reg. No. A2002-752.
WHEREAS, Philippine Coast Guard Auxiliary 119th / 121st Maritime Squadron Groups, assist and work together with the Philippine Coast Guard on Port State Control Inspection, Maritime Pollutions along the rivers, lakes, and coastal waters, International / Coastal Ships marine safety inspections.
NOW, THEREFORE, FOR AND IN CONSIDEARTION of the above premises, the Philippine Coast Guard Auxiliary 119th / 121st Maritime Squadron Groups under the following terms and conditions to wit:
1. Philippine Coast Guard Auxiliary 119th / 121st Maritime Squadron Groups shall through the duration of this Agreement, and the terms and conditions herein and as may be further agreed upon:
a. Assist and work together with the Philippine Coast Guard
b. Maintain about the various legal and jurisdictional authorities of the Philippine Coast Guard has at its command to investigate pollution incidents, port state control inspections, etc., and how as an Auxiliarist can assist. This is one of the opportunities afforded Auxiliarists to work along side the contribution to our many shared missions.
c. Take on the role of maritime training the Auxiliarists including the public within the Philippine Archipelago.
2. This Agreement takes effect upon signing hereof and is valid for as long as the Philippine Archipelagic Sea Lanes/Sailing Guide Routes and Vessel Traffic Management Systems is in effect.
3. Unless this Agreement is modified/amended by the parties subsequently in writing, this Agreement shall be considered as the complete repository of all the terms of the agreement between the parties and, therefore, there can be, as between them, no evidence of the terms of the agreement other than the contents of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement at Manila on ____________________
PHILIPPINE COAST GUARD
Vice Admiral Danilo A. Abinoja PCG
Philippine Coast Guard
Philippine Coast Guard Auxiliary
119th/121st Maritime Squadron
Commodore Adonis B Donato PCGA
Mar-Sad Director NCR-CL
Philippine Coast Guard Auxiliary
119th/121st Maritime Squadron
Capt Reynaldo A Agustines MM
PCGA Deputy Chief of Staff, 119th Squadron
Safety and Aids o Navigation
SIGNED IN THE PRESENCE OF
Capt Henry C Aranas MM PCGA
121st Maritime Education Director
Capt Ricardo T Calubiran MM PCGA
121st Deputy Maritime Education
REGARDING THE PROPOSED PHILIPPINE ARCHIPELAGIC SEA LANES/SAILING GUIDE ROUTES AND VESSEL TRAFFIC MANAGEMENT SYSTEMS