Republic of the Philippines

Department of Transportation and Communications

MARITIME INDUSTRY AUTHORITY
MARINA Regional Office No. VII
Cebu City

Case No. CMRO 2017-138

RE: Application for the amendment

of Certificate of Public Convenience
to effect the permanent addition of
ship named MBCA Stardive I to operate
in a non-scheduled tour and cruise
service for transportation of passengers only.

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

FORMAL OFFER OF EXHIBITS

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

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
amendment of the Certificate of Public
Convenience (CPC Convenience to
effect the permanent addition of ship
named MBCA Stardive I to operate in a
non-scheduled tour and cruise service
 for transportation of passengers only
pursuant to existing laws and/or
MARINA rules and regulations.

“B” Official Receipt & This is offered to prove that the

ATAP (Original copy of appropriate fees were duly paid in
which is attached to the relation to this application/petition of
records of this case). the issuance of CPC to the herein
applicant/petitioner.

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

HEARING. (The original
copy of this is attached to
the records of this case
but, for easy reference a
photocopy of which is
attached hereto).
Application/Petition of herein
applicant/petitioner (Exhibit “A”) was
given due course by this Office by
requiring the publication of said notice
of hearing and ordering the
applicant/petitioner to present the
jurisdictional qualification and
documentary requirement, among
others.

“D” - AFFIDAVIT OF This is offered to prove that in

PUBLICATION. (The compliance with the Notice of Hearing
original copy of this is (Exhbit “C”) issued by this office,
attached to the records of applicant/petitioner caused the
this case.) publication of the said notice of
hearing.

“E” – Newspaper This is offered to prove that the

clipping. (The original affidavit of publication executed is
copy of which is attached true and correct for whatever purpose
to the records of this it served.
case).

“F” –Newspaper Issue This is offered with similar purpose to

exhibit “D”.
“G” – Certificate of This is offered to prove that STAR DIVE
Accreditation SHOP is duly registered /accredited
under Memorandum Circular No. 2006-
(The original copy of 003, issued pursuant to the provision
which is attached to the of Chapter 1, Section 3 and Rule IV,
records of this case). 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.
“H”-DTI Certificate of This is offered to prove that a
Business Name business name Star Dive Shop is
Registration registered under the Department of
Trade and Industry

“I” Categorization This is offered to prove the area

Map. (Original copy of where the subject vessel can operate
which is attached to the and navigate.
records of this case).

“J” – Projected This is offered in evidence to prove

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

“K”- Affidavit of This is offered to prove that an

Economic Benefit Economic Benefit will result upon the
approval of the Certificate of Public
Convenience.

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

Philippine Registry “Stardive1 I”, owned by Star Dive
issued by MARINA. Shop (Fernando A. Soriano) and the
(Copy of which was subject vessel in this instant
attached to the records of application/petition, is duly registered
this case). in the Register of Philippine Ships.
“M” – Certificate of This is offered to prove that Star Dive
Ownership issued by Shop (Fernando A. Soriano) is the
MARINA. (Copy of which duly registered owner of MBCA
was attached to the Stardive I, the vessel subject matter
records of this case). of this application/petition.

“N” Bay and River This is offered to prove that MBCA

License issued by Stardive I owned by the herein
MARINA. (Copy of which applicant-petitioner is duly licensed
was attached to the and permitted to engage in bay and
records of this case). river trading (protected water) for a
period of one (1) year.
“O” Passenger Ship This is offered to prove that MBCA
Safety Certificate Stardive I owned by the herein
issued by MARINA. applicant-petitioner has complied with
(Copy of which was the requirements under Philippine
attached to the records of Merchant Marine Rules and
this case). Regulations (PMMR) 1997 and its
subsequent amendments.

“P” Minimum Safe This is offered to prove that MBCA

Manning Certificate Stardive I owned by the herein
issued by MARINA. applicant-petitioner is considered to
(Copy of which was be safely manned if, when it proceeds
attached to the records of to sea/protected waters, it carries not
this case). 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.

“Q” Certificate of This is offered to prove that MBCA

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

“R” Maximum Load This is offered to prove that MBCA

Line Marking Stardive I owned by the herein
Certificate issued by applicant-petitioner has been
MARINA. (Copy of which surveyed and that the freeboards
was attached to the have been assigned and load lines
records of this case). shown in this certificate have been
marked in accordance with the
 International Convention on Load
Lines, as amended.
“S” Passenger This is offered to prove that applicant
Insurance Coverage. had bought an insurance policy
(Copy of which was covering the passengers of the
attached to the records of subject vessel in compliance with the
this case). existing regulation.

“T” – Ship Station This is offered to prove that MBCA

License Stardive I, is duly license and
authorized by the National
(Copy of which was Telecommunication Commission to
attached to the records of used and installed radio equipment
this case). described in the Ship Station License.
“U” 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).

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; July 12, 2019.

SHERLITO M. COLUMNAS JR
Counsel for the Applicant/Petitioner
PIQUERO LAW OFFICE
51 Remolador St., City of Tagbilaran
PTR O.R No. 5292261, January 23, 2019
IBP O.R No. 059996, January 23, 2019
Roll No. 70646, June 4, 2018;
MCLE Compliance No. EXEMPTED