Republic of tie Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINHTEENTH CONGRESS
First Regular Session
HouseBil|No7999
Introduced by Representative Midy N. Cua
Lone Distriet, Quirino
AN ACT HNHANCING THE COMPETITIVENESS 0F PHILIPPINE MARITIME TRADE
BY STRENGTHENING THE OVERSIGHT FUNCTIONS OF  RELEVANT GOVFRNMENT
AGENCIES OVER THE IMPOSITION 0F SHIPPING CIIARGES BY INTHRNATIONAL
SHlppING LiNEs AND INSTITUTloNALlzlNG MECHANlsMs FOR THE EFFIclmNT
MOVEMENT OF GOODS
EXPLANATORY NOTE
Excessive and unnecessary fees, charges and surcharges imposed as origin and destination charges as
well  as  unconscionable  fees  imposed  on  the  management  of  empty  containers  by  intemational
shipping  lines  which undermines  the  country's  competitiveness.  These charges  being  imposed  and
collected  at  will  by  international  shipping  lines  have  enormous  impact  on  the  economy  as  it  (a)
increases the cost of importing raw materials and intemediate goods; (b) escalates the prices p€Lid by
the domestic consumer; (c) impairs the govemment's collection of correct taxes; and, (d) undermines
the privity of ob ligations and contracts principle.
Through  this  Act,  the  Philippine  Government  asserts  its  inherent  right  to  implement  and  enforce
compliance with existing local and international consumer trade laws; to protect the interests t]f the
consumer, promote general welfare and to establish standards of conduct for business and industry as
well  as  enforce  the  compliance  with  International   Commercial  Terms  (INCOTERMS)  foir  the
protection and fair treatment of Philippine domestic manufacturers, exporters and importers.
In view of the foregoing, approval of this measure is earnestly sought.


Republicoft-hePhilippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
H.useBillNor799g
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT HNHANCING THE COMPETITIVENESS OF PHILIPPINE MARITIME TRADE
By sTRnNGTHENING THH OVERSIGHT FUNCTloNs oF  RELEVANT GoVERNMENT
AGENCIES ovnR THE IMposlTloN oF SHlpplNG CHARGEs By INTERNATloNAL
SHIPPING LINES AND INSTITUTIONALIZING MECHANISMS FOR THE EFFICIENT
MOVFMENT OF GOODS
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress assembled:
1        SECTION   I.   SfoorJ   rj.//e.   -   This   Act   shall   be   known   as   the   "J"fe77¢cl/i.o#cz/  Mc}r!tz.mc   rracJe
2        Competitiveness Act."
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4        SHC.  2.  Dec/crrc}fj.o#  o/Po/i.c);  c}J¢c7  0£jecfl.vex.  -    It  is  hereby  declared  the  policy  of the  State  to
5       promote  industrialization  through  industries  which  are  competitive  in  both  domestic  and  foreign
6       markets. In pursuit of this policy, the state hereby recognizes that providing access to an efficient and
7       reliable  transport  and  logistics  services  is  a key  strategy towards  enhancing the competitiveness  of
8        Philippineproducts.
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The  State further recognizes the  need to  ensure a sound regulatory environment that would
promote  competition among transport and  logistics  providers to improve  service quality and reduce
cost. It is, likewise, cognizant of the need to maintain a balance between transportation regulation and
investment  promotion  and  to  ensure  that  transport  and  logistics  providers  can  obtain  a  reasonable
return on their business operations.
The State also recognizes the sanctity of commercial contracts which lay down the obligations
and risks assumed by the parties to facilitate fair, harmonious and convenient trade negotiations arLd
movement of goods.
Towards this end, the following objectives shall be pursued:
a)    Protect Filipinos against deceptive, unfair, and unconscionable acts and practices;
b)   Promote   transparency   in   the   transactions   of  international   logistics   service
providers, including intemational shipping lines;
c)    Ensure  proper  government  oversight  over the  imposition  of domestic    charges
by international shipping lines and related business practices;
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d)   Empower  government   institutions   in  their  roles  of  promoting  an  efficient,
competitive, and reliable logistics services; and
e)    Formulate policies and develop programs that would redound to the  development
of the transport and logistics sector in support of domestic and international trade.
SEC. 3. De/#z.fz.ow o/rer"s. -As used in this Act:
a)   ,4#cAorcige  refers to  a place with  sufficient depth  of water where vessels berth
within the harbor;
b)   8].//  o//,c]t7z.#g refers  to  a  document  issued  by  a carrier that  lists  goods  being
shipped and specifies the terms of their transport;
c)    Cargo fferowgfrpw/ refers to the total volume of cargo discharged and   loaded €it
the port. It includes breakbulk, liquid bulk, dry bulk, containerized cargo, transit
cargo, and transshipment;
d)   Cousz.greg  refers  to  the  party  appearing  in  the  transport  document  to  whom
delivery may be lawfully made in accordance with the contract of carriage;
e)    Co#/c}z.73er  c7cporzt   refers   to   the   amount  posted   with   shipping   lines,   freight
forwarders, customs brokers and logistics operators or their collection agent  upon
the pick up or withdrawal of the container from the port of container yard;
I)    Co#fafroer yczrd refers  to  a  designated  area  where  containers  and  chassis    are
received, stacked, and dispatched;
g)    C'o#/c}z.#cr!.zed  ccrrgo  refers  to  a  cargo  packed  in  vans  or  containers  for  easy
handling and transporting of the same as a unit;
h)   CwsJo"S'  bro*er  refers  to  any  person  who  is  a  bona  fide  holder  of  a  valid
Certificate  of  Registration  or  Professional  Identification  Card  issued  by  the
Professional Regulatory Board and Professional Regulation Commission pursuarit
to  Republic  Act No.  9280,  otherwise  known  as  the  "Customs  Brokers  Act  of
2004, as amended;"
i)    De/j.very;  order refers  to  a  document  issued  by  the  shipping  line  releasing  the
cargo  to  the  consignee  mentioned  in  the  Bill  of Lading  upon  payment  of all
handling charges;
j)    Den"rrogr /ee  refers  to  the  amount  charged  by  the  shipping  lines,  freight
forwarders, customs brokers, and logistics operators if full and loaded containers
are  not  collected  by  the  customers  and  remain  inside  the  port,  terminalg  or
container yard after the Lapse of the allowable free time;
k)   De/e#/z.o#  chc}rgef  refer  to  the  amount  charged  by  the  shipping  lines,  freight
forwarders, customs brokers, and loSstics operators per day once customers have
collected the empty containers from outside the port, but do not return the empty
containers to the depots after the specified free time;
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I)    Owe// /j.me refers to the number of hours spent by a vessel from waiting time to
berthing,  and  until  the  time  of completion  of the  un-berthing  process  on  fmal
departure;
in)  Frez.gfe/ /o"/cruder  refers  to  an  entity  that  acts  as  a  cargo  intermediary  and
facilitates transport of goods on behalf of its client without assuming the role of a
carrier, or assuming such role in the case of non-vessel owning corrimon carrier
(NVOCC),  which  can also perform other forwarding  services,  such  as booking
cargo space, negotiating rates, preparing documents, advancing freight payments,
providing packing or crating, trucking and warehousing, engaging as an agent or
representative  of a  foreign  non-vessel  operating  as  a  common  carrier or cargo
consolidator named in a master bill of lading @L) as consignee of a consolidated
shipment, and other related  undertakings;
n)   J#/cz#cJ co#1c}z.#cr depo/ refers to an intermodal transport terminal,  situated outside
the  ports  and  equipped  for handling  and  temporary  storage  of cango,  which  is
authorized   by   the   Bureau   of  Customs   (BOC)   to   handle   the   processing,
examination, and clearance of arriving laden containers;
o)   /#/emcr/i.o#cz/ co""ercz.cz/ /erms refer to a set of internationally recognized rules
which  define  the  responsibilities  of sellers  and  buyers.  These  specify  who  is
responsible for paying for and managing the shipment, insurance, documentation,
customs clearance, and other logistical activities;
p)   international shipping line or carrier refers to person or eutrty who, in a coITtralct
of carriage, undertakes to perform or to procure the performance of carriage of
goods by sea, or inland waterway or by a combination of such modes by issuing
its  own  BL  and  assuming  responsibilities  for  the  shipments  that  call  at  the
international ports of the Philippines;
q)   £c]s/  M7./e  /ogz.sfros   refers  to  the   final   step  of  the  delivery  process  from  a
distribution center or facility to the end-user;
r)    I,oar.s/i.cs  servJ.ce  provz.ders   refers  to  third-party  logistics  providers  who   are
outsourced to manage a company's  warehousing, distribution  and transportation
offreight;
s)    IVo#-co#/c]i.77€rj.zed cargo refers to goods shipped in pieees separately without the
use  of €i  container  that  include  goods  that  are  shipped  in  crates,  bags,  boxes,
drums, and barrels and which come in extremely large sizes or dimensions;
t)    IVo»-vesJe/ apera/z.ng co"mo# ccJrrz.er refers to an entity that provides a point- to-
point service, without owning a vessel, and which may include several modes of
transport of full container load (FCL) shipments or undertakes groupage of less
than   container   load   (LCL)   shipments   issues   its   own   BL,   and   assumes
responsibilities for the shipments;
u)   Porf co#gesfj.o# refers to a situation at the port, as determined by the Philippine
Ports   Authority   (PPA)  based   on  the  guidelines  and  parameters   set  by  the
MARINA Board (Board), that effectively stalls the movement of cargoes leading
to adverse economic consequenc,es;
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v)   Servz.cc co#trczc/ refers to a contract between a shipper and a carrier or conference
which contains the terms and conditions respecting the transport of goods from a
foreign port to a Philippine port or vise-versa;
w)  SfoJzxper refers to the person or company named in the shipping documents as the
party responsible for initiating the shipment and entering into a transport contract
with the carrier;
x)   for/ or fer77iz.#cz/ opera/or refers to an entity that owns or leases ports or terminals
and  is  involved  in managing the movement  of cargo  containers between cargo
ships,  trucks  and  freight  trains,  and  in  optimizing  the  flow  of goods  through
customs to minimize the amount of time a ship spends in port. A port or terminal
operator may be a public or private entity.
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15        SEC. 4. Coverczge. -This Act shall apply to all aspects affecting the imposition of shipping charges by
16        international carriers arriving at or originating from philippine ports.
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SEC. 5.  rrauspare#ey o/F;.ei.gfe/ c}#d Of7!er Charges.  -Upon the effectivity of this Act, all port or
terminal operators, international carriers, NVOCCs and forwarders shall inform the Maritime Industry
Authority (MARINA) of their regular shipping charges and fees and publish the sane in a newspaper
of general  circulation:  Provj.c7ec7,  That the  publication  requirement  is  deemed  complied  with  by the
establishment and management of a real-time online website accessible to the public. No charges or
fees shall be imposed beyond the published rates.
No new or  initial  rate  or change  in  an existing rate that results  in an increased  cost to the
shipper may become effective earlier than thirty (30) days  after the submission to the MARINA of
such new shipping rates, except when allowed by MARINA for reasonable or good cause: Prov!.decJ,
That a change in an existing rate resulting in a decreased cost to the shipper may become effective
upon publication and filing.
31       EEC.  6.  Imposition  Of Local  Shipping  Charges  by  International  Carriers.  ~ No toedl  cia,rges  or
32       surcharges,   except   for   internationally-accepted   surcharges,   fees   for   value-added   services,   and
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behavioral  charges  such as  late payment fee,  container insurance,  shall be  charged by  international
shipping lines or their agents, freight forwarders and NVOCCs to Philippine consignees and shippers.
The imposition and parameters of such imposition must be clearly defined in the contract of cariage
and subscribed by the shipper or consignee.
38       SHC. 7. j4gree"c#ts. -Within ninety (90) days after the effectivity of this Act, certified copies of all
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existing  agreements  between  and  among  international  carriers  operating  in  Philippine  ports  and
agreements anong Philippine port or terminal operators as well as among one or more Philippine port
or terminal operators and one or more international carriers operating in Philippine ports that affect
Philippine maritime trade, shall be submitted to the MARINA.
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44                      Any agreement or any amendment thereto shall become effective thirty (30) days after such
45       submission: Provz.dec7, That, during the effectivity of such agreement, if the MARINA determines that
46       the same is likely to produce an unreasonable reduction in transportation services or an unreasonable
47       increase in transportation cost, it may refer the same to the philippine competition commission (PCC)
48       for appropriate action.
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50       SEC.  8.  Defe#rz.on  Chorges'  c!#d DemwrrcJge  Fees.  - No  detention  charges  in  the  return of empty
51        containers  shall be  imposed by shipping lines when the delay  is  caused by them.  For this purpose,
52       international  shipping lines must ensure that the delivery order always  indicates the container depot
53       where the empty container owned by the shipping lines must be returned.
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Any  demurTage  fee  or  detention  charge  shall  not  constitute  a  direct  or  indirect  lien  on
container deposits  or on other cargoes or shipments  covered  by  a  separate transaction  of the  same
shipper or consignee.
SEC. 9. Co#/crz.Her Deposz.ts. -The MARINA may allow the imposition of container deposits only if:
a)    the  forwarders  or  agents   of  international   shipping  lines   implement  an   expeditious
procedure in refunding the same within a non-extendible period of fifteen ( 15) days from
the return of the container;
b)   there  are  clear  and  fair  standards  for  deductions  made  known  by  such  forwarders  or
agents to the other party prior to engagement; and
c)    there is actual proof that a container deposit has been paid before any deduction is made.
SEC.  10. jio/e o/Govem7#e7c/ j4ge#ci.es. -To effectively implement and carry out the cibjectives of
this Act the following agencies shall exercise and enforce the following functions in addition to their
existing mandates :
a)    Department of Transportation - The DOTr shall  facilitate the expansion of port system
capacity of port authorities and the expansion of the Philippine freight transp{>rt system to
facilitate the movement of containers to and from the ports.
b)   Maritime  Industry  Authority  ~  The  MARINA  shall  ensure  competitive  and    efficient
international maritime transportation services for the shipping public by:
I.    Reviewing and monitoring agreements among international  shipping   lines and port
operators  serving  Philippine  ports  to  ensure  that  they  do  not  cause  substantial
increases in transportation costs or reduction in transportation services. In applicable
cases, the MARINA may endorse any agreement that it finds anticompetitive to the
Philippine Competition Commission for appropriate action;
2.    Investigating, hearing and adjudicating complaints regarding the   imposition of rates
and  charges,  and  practices  of  international  shipping  lines,  NVOCCs,  and  other
logistics service providers that impede efficient commerce;
3.    Imposing fines and charges in the exercise of its adjudicatory functions;
4.    Ensuring that the international shipping lines' tariff rates and charges   are published,
and automated tariff systems are electronically available;
5.    Accrediting sea freight forwarders such as NVOCC,   international freight forwarders
and other similar maritime enterprises; and
6.    Exercising supervision over sea freight forwarders, domestic freight forwarders, and
other similar maritime enterprises including the ship agents and their representatives,
branches,   offices   or   subsidiaries   of  international   shipping   lines   to   ensure   the
reasonableness  of  their  rate-setting  mechanism  for  local  fees  and  charges,  and
compliance with existing laws, rules and regulations relating to standards of safety,
quality and efficiency of operation.
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c)    Department of Trade and Industry -The DTI shall:
1.    In coordination with the DOTr, the National Economic and Development Authority
(NEDA),  the  DPWH,  the  MARINA,  and  the  PPA,  develop  a  long-term  National
Logistics Strategy that will  establish an integrated transport and logistics sector that
shall  facilitate the efflcient and timely movement of goods.  The National Logistics
Strategy  shall  include  the  identification  of  international  gateway  and  secondary
airports  and  seaports,  development  of new  Roll  On - Roll  Off (RORO)  ports  and
facilities,     rail     development,     warehousing     improvement,     and     connectivity
enhancement.
2.    Ensure efficiency and competitiveness of the logistics services sector;
3.    Coordinate with other agencies to ensure the efficient movement of  goods and empty
containers and lower logistics cost;
4.    Encourage investment in the logistics services sector  particularly in trucking service,
freight forwarders, container yards and depot, dry and cold warehouses, and last mile
logistics; and
5.    Monitor matters  relating to transparency  of local  charges 1,o  inplement   to the  full
extent  existing  consumer  trade  laws  to  curb  unconscionable  business  practices,
excessive and unnecessary fees, charges and surcharges imposed as local charges by
international shipping lines, their agents or forwarders.
d)   Philippine Polts Authority and other port authorities -. The PPA and other  port authorities
shall:
I.    In case of urgent need, ensure as far as practicable that international   shipping lines
are given ample berthing space to facilitate the safe loading and unloading of empty
containers in coordination with the port or terminal operator;
2.    Hasten  the  provision  of the  necessary  infrastructure  facilities  by    expanding  the
capacity of government-owned ports with existing contracts for handling of foreign
vessels  and  foreign  cargoes  and  facilitate  the  building  of additional  ports  by  the
private sector;
3.    Oversee the strict enforcement of the regulations on overstaying foreign containers,
whether laden or empty.  For this  purpose, the PPA and other port authorities  shall
review the effectiveness {)f current storage charges inposed on overstaying containers
to improve port efflciency and prevent congestion;
4.    Determine the existence of port congestion. Towards this end, the PPA   shall, within
ninety  (90)  days  from  the  effectivity  of  this   Act,   fomiulate  and  issue  a  Port
Congestion Condngency  Plan.  in  consultation with the Board.  The Port Congestion
Contingency Plan shall be implemented by the relevant agencies upon the declaration
of an imminent port congestion;
5.    Promulgate rules and regulations to maximize the use and  further development of the
Ports  of  Batangas,   Subic  and  other  ports  and  terminals  deemed  appropriate  as
alternates to the  Port of Manila (POM) and the Manila International Container Port
(MICP).  Further,  the  PPA  and  Subic  Bay  Metropolitan  Authority  (SBMA)  shall
facilitate the expansion of the Ports of Batangas and Subic to accommodate shipments
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originally bound for POM and MICP and the development of other inland container
depots (ICDs);
6.    Require all international port operators to maintain an online portal  accessible to the
DTI,  BOC,  DOTr,  MARINA,  PPA,  and  other  port  authorities  that  will  provide
information regarding daily summary of cargo throughput (volume and value), port
dwell  time  of ships,  dwell  time  of cargoes  (containerized  and  non-containerized),
average vessel waiting time at anchorage, and container yard utilization to facilitate
the monitoring of port utilization; and
7.    Implement the port Development Master plan to support economic growth.
e)    Bureau of customs -The BOc shall:
1.    Expedite the accreditation and activation of IcDs;
2.    Establish  and  manage  a centralized  database  to  facilitate  a real-time  inventory  and
monitor the movement of containers;
3.    Promulgate rules and regulations for the container yard utilization of ICDs;
4.    Together    with    MARINA,    establish    a    one-stop    shop    or        satellite    office
inside  the  customs  premises,  housing  all  representatives  of international  shipping
lines,  their forwarders  and agents,  for easier coordination  in the  implementation of
this Act;
5.    In coordination with the PPA, Cebu Ports Authority,  SBMA,  PHIVIDEC  Industrial
Authority,    Cagayan   Economic   Zone   Authority,    Regional    Ports   Management
Authority,  Bases  Conversion  Development  Authority,  Authority  of  the  Freeport
Bataan  and  other  port  authorities,  promulgate,  review  and  revise  the  guidelines,
regulations and standards on such matters as:
(i)          Ensuring  the  availability  of inland  container  depot  space  for  their  empty
containers;
(ii)         Coordination   with   operators   of  designated   container   yards   and   inland
container  depots  with  sufficient  capacity  to  accommodate  the  volume  of
containers per shipment;
(iii)        Disposition     of    seized     and     abandoned     cargoes     to     facilitate     the
decongestion of port terminals;
(iv)        Ensuring   the   swift   processing   of   laden   containers       and   loading   of
empty containers from the port to avoid congestion.
f)    Philippine competition commission -The pcc shall:
I .    "o/w pj.aprj.a or upon a verified complaint of any interested party,   investigate cases
involving violations of competition laws and regulations in relation to maritine trade;
2.    Review and take necessary actions on findings of anti-competitive  behavior that are
endorsed to the Commission by the MARINA; and
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3.    Coordinate with MARINA and DTI in the  implementation of competition policies in
the maritime sector.
SEC.11. ,4cZ7z./i.o#4/ Memb6trs o/ /¢e A44RIM  Boczrd.  -To effectively implement the objectives  of
this Act, the following shall be made members of the Board in addition to its existing membership:
a)    Secretary ofForeign Affairs;
b)   Secretary ofAgliculture;
c)    Secretary of public works and Highways;
d)    Secretary ofNEDA;
e)    Commissioner of customs;
I)    Chairperson of the pcc;
g)   Chairperson of the Land Transportation Franchising and Regulatory Board; and
h)   One  representative  from  each  of  the  following  private  sector  groups  who  shall  t)e
appointed as non-voting members :
1.    Association of domestic shipping lines;
2.    Association of international shipping lines;
3.    Association of exporters;
4.    Association of importers;
5.    Largest national association of business entities;
6.    Association of supply chain and logistics companies;
7.    Association of freight forwarders;
8.    Association of ship agents;
9.    Association of container depot operators; and
10.  Association of trucking operators
The private sector representatives for each of the private sector groups shall be appointed by
the  President  of the  Philippines  from  the  nominees  submitted  by  the  aforementioned  entities  or
associations for a term of three (3) years, and may be reappointed only once.
Upon the expiration of their terms, the private sector members of the Board shall serve in a
hold-over capacity until their successors shall have been qualified and appointed. Any vacancy in the
Board pertaining to the representatives of the private sector shall be replaced by a person belonging to
the same group represented by the member who left the position vacant. The successor, who shall act
in  a  permanent  capacity,  shall  only  serve  for  the  unexpired  portion  of the  term  vacated  unless
reappointed.
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SEC.  12.  4d#z./;.o7cc7/ Powers  cr#d Fw#c/i.o#S  o/ ffee  BoczrcJ.  -In  addition  to  its  existing  powers  and
functions, the Board shall:
a)    Advise  the  MARINA  on policies  relating  to  the  competitiveness,  reliability,    integrity,
and fairness of the maritime freight delivery system;
b)   Provide MARINA with information, insight, and expertise pertaining to  conditions in the
maritime freight delivery system;
c)    Make  recommendations  to  enhance  the  existing  policies  relating  to  maritime  freight
delivery system or to adopt additional policies;
d)   Provide  MARINA  with the  guidelines  necessary  in the determination  of the  basis  and
reasonableness of local charges being imposed by international shipping lines; and
e)    Encourage  relevant  government  agencies  and  affected  local  government  units  to  take
appropriate actions on matters and issues affecting Philippine trade and transport logistics
SHC.  13.  IVcz/i.o#cz/  £og!.srz.as  E#ci.e#c);  Po/i.c};.  -  The  Board  shall  formulate  a  National  Logistics
21       Efficiency policy (NLEP) to ensure the efficiency of customs and border management, quality of trade
22       and   transport   infrastructure,   competence   of  logistics   services,   their   ability   to   track   and   trace
23       consignments,  and the competitiveness  of shipping prices.  The NLEP  shall  serve  as  a guide  in the
24       formulation  and  issuance  of the  rules,  regulations,  and  programs  of the  implementing  agencies
25        specifiedinthisAct.
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27                      The  policy  shall  institutionalize  the  use  of information technology to  enhance  connectivity
28       among  relevant government  agencies  to  facilitate  efficient business  transaction  consistent  with the
29       objectives  of Republic  Act  No.11032  or  the  Ease  of Doing  Business  and  Efficient  Government
30       ServiceDeliveryAct.
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SEC.  14.  Pro¢j.bi.fed j4cts.  --  It  shall  be  unlawful  for  any  international  caiTier  or  its  agent,  port  or
terminal operator, NVOCC, or logistics service provider to perform the following acts:
a)    Operate  under  an  agreement  that  has  been  suspended  by  virtue  an  order  of a  proper
authority, or a temporary restraining order or rendered ineffective by injunction issued by
the court;
b)   Change,  demand,  collect,  or  receive  greater,  less,  or  different  compensation  for  the
transportation of property or for any service in cormection   therewith than the rates and
charges   provided   in   the   service   contract   or   those   published   and   filed   with   the
MARINA;
c)    Engage in any anti-competitive practice prohibited under Republic Act No.   10667 or the
Philippine Competition Act.
47       SHC.15. Pe#c7//i.es.  -The violation of the provisions of this Act or its guidelines shall be sanctioned
48       by  the  penalties   as   may  be  determined  by  the   MARINA   such   as   fines,   cancellation   of  the
49       accreditation, or the blacklisting of any forwarder, agent or international shipping line, or both.
50
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I                      ln fixing the amount of fmes, the MARINA  shall take into consideration the gravity of the
2       violation, based on a criteria to be prescribed in the rules and regulations to be issued to implement
3        thisAct.
4
5                      The  imposition  of  penalties  and  other  sanctions  under  this  Act  shall  not  preclude  any
6       aggrieved party or government agency from filing a criminal, civil or administrative case for violation
7       of existing laws, rules and regulations by reason of the same act or omission.
8
9        SEC.  16.  ECJl#ccrfz.o#  Cczrxpcri.g7'!.  -  The  MARINA  and  the  DTI  shall,  in  coordination  with  private
10       stakeholders, develop a program to educate all philippine shippers and consignees on how to negotiate
11        using the INCOTERMS, the freight, and other shipping charges inposed by forwarders and agents of
12       international shipping lines, the best practices to manage or control the supply chain and updates in the
13        implementation ofthisAct.
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15
16
17
18
19
20
SEC.  17.  S"b"!.b`Sz.o#  o/4##"cr/ jzeporJ.  -The  Board  shall,  not  later than  the  flrst  quarter  of the
succeeding year,  submit to the President of the Philippines and  both Houses of Congress an armunl
report containing the  summary of all transactions pertaining to  international  shipping operations as
well as the issues and concerns of the  industry and recommend,  if necessary,  measures that require
legislative action.
21        SEC.18.  /mp/erme#/i.ng ji#/es  cz#cJ Reg#/cz#.our.  -The  Board  shall,  within  sixty  (60)  working  days
22       from the effectivity of this Act, issue such rules and regulations as may be necessary to implement the
23       provisionsofthisAct.
24
25       SEC.19. Szfpp/a/ory j4pp/I.cc}ri.o# o/Jte/c}Jed fcm;a. -The applicable provisions of presidential Decree
26       No. 474, Executive order Nos.125 and  125-A, s.1987, Republic Act No. 7394 or the consumer Act
27       of the Philippines, Republic Act No.10863  or the Customs Modernization and Tariff Act, Republic
28       Act  No.  10667  cir the  Philippine  Competition Act and  all  other related  laws,  rules  and  regulations,
29       insofar as they are not inconsistent, shall  supplement in the implementation of the provisions of this
30       Act.
31
32        SEC.  20. Sepcrrcrbz./z.ty  C/crwse.  -If any  provision  of this Act is  held  uncoustitutional  or  invalid,  all
33        other provisions not affected thereby shall remain valid.
34
SHC.  21.  Rcpecr/!.#g  C/czwse.  -  All  laws,  decrees,  executive  orders,  rules  and  regulations  or  parts
thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.
38       SEC. 22. E#ec/I.vi.ty. -This Act shall take effect fifteen (15) days after its publication in the oJffcJ.cz/
39       Gczzeffe or in a newspaper of general circulation.
40
41
42                     Approved ,
11