Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA)
The "Rules of Procedure for the Hearing Committee" established by the Maritime Industry Authority (MARINA) outlines the framework for addressing complaints related to shipbuilding and repair violations under P.D. No. 666. The Hearing Committee, consisting of key MARINA officials, has exclusive jurisdiction over these matters, allowing it to conduct inquiries, issue summons, and maintain a detailed docket of cases. Respondents are required to answer charges within a specified timeframe, and the process includes a pre-trial conference followed by a formal hearing. The committee must submit a report to the MARINA Administrator within 30 days after the investigation, leading to a decision that can be appealed within 15 days. These rules became effective immediately upon publication.
Quick Answers
- What is Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA) about?
- The "Rules of Procedure for the Hearing Committee" established by the Maritime Industry Authority (MARINA) outlines the framework for addressing complaints related to shipbuilding and repair violations under P.D. No. 666. The Hearing Committee, consisting of key MARINA officials, has exclusive jurisdiction over these matters, allowing it to conduct inquiries, issue summons, and maintain a detailed docket of cases. Respondents are required to answer charges within a specified timeframe, and the process includes a pre-trial conference followed by a formal hearing. The committee must submit a report to the MARINA Administrator within 30 days after the investigation, leading to a decision that can be appealed within 15 days. These rules became effective immediately upon publication.
- What type of law is IRR of PD 666?
- Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA) (IRR of PD 666) is a Philippine Implementing Rules and Regulations enacted by the Congress of the Philippines.
- When was Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA) enacted?
- Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA) (IRR of PD 666) was enacted on Jun 26, 1989.
- What is the citation for Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA)?
- Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA), IRR of PD 666, Jun 26, 1989 (Philippines)
Law Information
- Reference Number
- IRR of PD 666
- Date Enacted
- Subcategory
- Shipping Industry
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 26, 1989
RULES OF PROCEDURE FOR THE HEARING COMMITTEE CREATED UNDER SECTION 5, RULE IX, OF THE REVISED RULES AND REGULATIONS TO IMPLEMENT THE INTENTS AND PROVISIONS OF P.D. NO. 666, AS AMENDED IN THE MARITIME INDUSTRY AUTHORITY (MARINA)
By virtue of the authority vested in the Hearing Committee under Section 5, Rule IX, of the Revised Rules and Regulations To Implement The Intents and Provisions of P.D. No. 666, the following rules of procedure are hereby adopted:
1. Composition and Quorum — The Hearing Committee is hereby Composed of the Chief Legal Counsel (MIA Director, Maritime Legal Affairs Office), as Chairman, and the MIA Directors of the Registration and Licensing Office, formerly the Office of Shipbuilding and Ship Repair, and the Technical Services Office, formerly the Office of Shipping Operations, as Members. TEcADS
The presence of the Chairman and one Member of the Hearing Committee shall Constitute a quorum.
2. Jurisdiction — The Committee shall have exclusive jurisdiction over all complaints/charges/reports for violations of the laws/rules/regulations pertaining to shipbuildings, ship repairs, shipyards, graving docks, marine railways, importation of shipbuilding and ship repair machinery/equipment/material/spare parts and for violations of the terms and conditions of shipyard Development Funds.
3. Powers — The Committee shall have the power to conduct inquiries/investigations on all complaints/charges/reports filed with or referred to it involving matters falling within its jurisdiction. Incidental thereto, anyone of the Committee can administer oaths on material and relevant documents so requiring and the Chairman shall issue the summonses/show cause orders/subpoena duces tecum/other processes.
4. Docket Book — The Committee shall keep a docket book to record the Number and Title of Case, Name of the Parties, Nature of Complaints/Charges, Date Respondent received copy of charges, Date Respondent's answer is received, date subpoenas are issued, dates investigation commenced and terminated, date investigation report is submitted, date the case is decided, and other pertinent and relevant information.
5. Actionable Documents — Credible sworn statements of any offended/interested/concerned party or official reports in writing of an agent or any person deputized by the MARINA charging or denouncing any person, whether natural or juridical, with such violations cognizable by the Hearing Committee, shall be acted upon with utmost efficiency, effectiveness and dispatch.
6. Parties — If the private complaining witness is willing, the case shall be in his/her name as complainant; otherwise, or when the actionable document is a report of an agent or any person deputized by the MARINA, the same shall be in the name of the MARINA, as complainant. TSEcAD
In all cases, the person complained against/charged/denounced (whether natural or juridical) shall be called the respondent.
7. Show Cause Orders/Summons — Within five (5) days from receipt of the charge-papers, the Committee shall issue summons or show cause order (with a copy of the statement/report of complaint attached thereto) directing the respondent to answer the charges and/or show cause order why he/she/it should not be held answerable or liable therefor, within five (5) days from receipt of summons or show cause order.
Service of the Committee's processes shall be by personal delivery or through registered mail with return card.
8. Answer — The respondent shall submit his written answer/responsive pleading, together with the supporting documents, within five (5) days from receipt of summons or show cause order, whether in the form of a denial or admission with affirmative defenses or avoidance.
Failure to file an answer within the reglementary period shall mean a general denial of the charges.
Admissions of guilt, without affirmative defenses or avoidance, may be taken as mitigating circumstances.
9. Pre-trial Conference — Upon receipt of the responsive pleading or after the expiration of the period given for the filing of an answer, the case shall be set for a pre-trial conference whereat the parties and/or their counsels can stipulate on some facts and complete their submission of affidavits/counter-affidavits/documentary evidence purposely to dispense with direct testimonies of witnesses and thereby abbreviate/expedite the proceedings. CIDcHA
10. Hearing Proper — Within ten (10) days after the pre-trial conference, formal hearing shall proceed on matters/issues not admitted or agreed upon during the said conference,
The parties and their witnesses shall be duly notified of the scheduled hearing at least three (3) days before the date thereof, specifying the time, date and place of hearing.
The party initiating the proceedings shall first present his/her documentary and testimonial evidence, subject to the cross-examination by the opposing party. The latter follows presenting his/her/its own evidence also subject to the cross-examination by the initiating party. Presentation of rebuttal and surrebuttal evidence may be allowed at the discretion of the Committee. The Chairman and Committee Members can ask clarificatory questions.
11. Appearances — Any party may appear at the hearing in person or duly authorized representative or by an attorney admitted to practice law in the Philippines who is a member of the Integrated Bar of the Philippines and has paid his professional tax for the current year.
The MIA Chief Legal Officer, Maritime Legal Affairs Office, shall act as prosecutor for MARINA.
12. Certificate of Readiness — At the start of the hearing proper, the parties and their counsels will be made to sign and/or file a certificate of readiness to proceed with the hearing on agreed dates (from commencement to the termination of the investigation). Such certificate shall bind both parties and their counsels to the agreement and the absence of either party or his counsel shall not be considered a justifiable ground for postponing the hearing, except for highly meritorious cases.
13. Postponements — Deferment of investigation shall be discouraged and shall be allowed only in meritorious cases, such as, illness of a party or his counsel and/or other similar unavoidable causes. A request for postponement on ground of illness should be supported by a duly sworn medical certificate.
Regardless of the grounds invoked, not more than two (2) postponements shall be granted. In such case, the third scheduled hearing shall be deemed intransferable in character and the same shall proceed with or without the presence of the person concerned.
14. Stenographic Record of Proceedings — The whole proceedings during the investigation of the case shall be taken down in shorthand or stenotype. The transcript of the stenographic notes made and certified as correct by the official stenographer shall be prima facie a correct statement of the proceedings. DHAcET
15. Solemnity of Proceedings — The investigation shall be conducted with solemnity and proper decorum and the Hearing Committee shall comport itself with impartiality and dignity befitting its position, that of discoverer and gather of facts. The Committee shall always have in mind that its main duty is to determine the facts of the case and its findings and recommendations shall be based on said facts and evidence.
16. Report of Investigation — The Hearing Committee shall prepare and submit to the MARINA Administrator, within thirty (30) days after termination of the investigation of the case, a written "Report of Investigation" which shall include a complete record of its proceedings, a summary of the testimonies, exhibits, and other papers on the case and its findings and recommendations.
17. Decision — MARINA Administrator shall render his decision based on the findings and recommendations of the Hearing Committee within thirty (30) days from his receipt of the complete records of the case.
Such decision shall become final and executory after fifteen (15) days from the parties receipt of the decision unless appealed to the Maritime Industry Authority Board within fifteen (15) days from receipt of the decision.
18. Effectivity — These rules of procedure shall take effect immediately.
On 26 June 1989 at Manila, Philippines.
(SGD.) ROSALINO P. ACANCEChairmanHearing Committee
(SGD.) CESAR V. JOVELLANOSMember
(SGD.) RODOLFO S. LLOBRERAMember
APPROVED:
(SGD.) PHILIP S. TUAZONAdministrator
Published in the Official Gazette, Vol. 85 No. 43 Page 16618 on October 23, 1989.
Cite This Law
Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA), IRR of PD 666, Jun 26, 1989 (Philippines)
Rules of Procedure for the Hearing Committee Created Under Section 5, Rules IX, of the Revised Rules and Regulations to Implement the Intents and Provisions of P.D. No. 666, as Amended in the Maritime Industry Authority (MARINA), IRR of PD 666 (Phil. 1989)
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