annex a - Philippine Ports Authority

ANNEX A Eligibility Requirements of Private Port Applicants on Energy Related

Projects

1. All applicants of private port permits shall demonstrate that they are legally, technically and financially eligible for the development, construction, maintenance and operation of applied private port.

2. Private port applicants may be any of the following:

a. Duly licensed Filipino citizens/sole proprietorship b. Partnership duly organized under the laws of the Philippines and of which

at least sixty percent (60%) of the interest belongs to citizens of the Philippines

c. Corporations duly organized under the laws of the Philippines and of which

at least sixty percent (60%) of the outstanding stock capital belongs to citizens of the Philippines

d. Persons or entities forming themselves into a Joint Venture that intend to be

jointly and severally responsible or liable for the development, operation and maintenance of private port, provided that the Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%). The interest and ownership of the joint venture shall be based on the contribution of each of the members of the joint venture as specified in the joint venture agreement

e. Cooperatives duly registered with the Cooperatives Development Authority (CDA)

3. Private port applicants shall have a minimum paid up capital of ₱100,000,000 for those applicants whose main business is on port operations. The other applicants’ minimum paid up capital shall be based on their respective industry and equity classification in accordance with Securities and Exchange Commission

ANNEX B

DOCUMENTARY REQUIREMENTS

CLEARANCE TO DEVELOP

1. Unified Application Form specifying exact location of the foreshore area, area size in sq.m., intended use/purpose, proposed structure to be put-up with the following attachments:

a. Estimated cost of Project; b. Summary of Project Scope; c. Vicinity Map; d. Certified True Copy of SEC Registration and Articles of Incorporation; e. Original Copy Secretary’s Certificate Designating Company’s Authorized

Representative f. Certification that the port facilities to be put up will not pose hazard to

navigation; g. Certification that the area applied for has no future PPA development in the

next five (5) years; h. Certified True Copy of Approved Foreshore Lease Contract (FLC); or Certified

True Copy of foreshore lease application duly received by DENR; or Certified True Copy Deed of Assignment; or Certified True Copy of Transfer of Leasehold Rights approved by DENR;

i. Certified True Copy of Transfer Certificate of Title (TCT) for back-up area; or Certified True Copy of Deed of Absolute Sale; or Certified True Copy of Lease Agreement, whichever is applicable; and

j. Certified True copy of Approved reclamation projects from PRA, if applicable.

2. Duly notarized Omnibus Undertaking (Sworn Affidavit)

PERMIT TO CONSTRUCT

1. Application Form with the following supporting documents:

a. Detailed Cost Estimates;

b. Building Plans and Other Technical Specifications;

c. Design computations;

d. Working drawings plans signed by a Licensed Civil Engineer;

e. Copy of Clearance to Develop;

f. Certified True Copy of Approved Foreshore Lease Contract/Order Award; or

Certified True Copy of Official Receipt representing payment of Annual

Occupancy Fee; and

g. Original Copy of Secretary’s Certificate Designating Company’s Authorized

Representative Duly Notarized.


CERTIFICATE OF REGISTRATION/PERMIT TO OPERATE

A. NEW

1. Unified Application Form with following supporting documents: a. Project Completion Report; b. Certified True Copy of Approved Foreshore Lease Contract (FLC); or Certified

True Copy of DENR-issued Official Receipt representing payment of Annual Occupancy Fee;

c. PPA Certification that the owner/operator has no outstanding obligations with PPA;

d. Original Copy of Secretary’s Certificate Designating the Company’s Authorized Representative; and

e. Certified True Copy of the Office of the Transport Security (OTS) Approved Port Facility Security Plan.


B. RENEWAL

1. Unified Application Form with following supporting documents: a. Certified True copy of Approved Foreshore Lease Contract (FLC); or Certified

True Copy of DENR-issued Official Receipt representing Payment of Annual Occupancy Due;

b. PPA Certification that the owner/operator has no outstanding obligations with PPA;

c. Original Copy of Secretary’s Certificate Designating the Company’s Authorized Representative

d. Certified True Copy of the Office of the Transport Security (OTS) Approved Port Facility Security Plan


PROCESS FLOWCHART

APPLICATION FOR CLEARANCE TO DEVELOP

PMO

Acknowledges receipt, evaluated and endorses the proposals to CSD (within two (2) calendar days)

CSD

Reviews, prepares complete staff work and recommends application to

the AGMO (within three (3) calendar days)

AGMO

Recommends approval to the GM (within two (2) calendar days)

GM

Approves/Disapproves application (within two (2) calendar days)

CSD

Releases approved CTD/Notifies the PMO on the denial

(within one (1) calendar day)

PROPONENT

Submits to PMO, letter of intent/ application for clearance to develop a

private port with complete documentary requirements, and pays

non-refundable filing fee

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Checklist of Requirements

1. Unified Application Form specifying exact location of the foreshore area, area size in sq.m., intended use/purpose, proposed structure to be put-up, with the following attachments: a. Estimated cost of Project; b. Summary of Project Scope,

Description; c. Vicinity Map; d. Certified true copy of SEC

Registration and Articles of Incorporation;

e. Original copy of Secretary’s Certificate Designating Company’s Authorized Representative;

f. Certification that the port facilities to be put up will not pose hazard to navigation;

g. Certification that the area applied for has no future PPA development in the next five years;

h. Certified true copy of Approved Foreshore Lease Contract (FLC); or Certified true copy of foreshore lease application duly received by DENR; or Certified true copy of Deed of Assignment; or Certified true copy of Leasehold Rights approved by the DENR;

i. Certified true copy of Transfer Certificate of Title (TCT); or Certified true copy of Deed of Absolute Sale; or Certified true copy of Lease Agreement; whichever is applicable;

j. Certified true copy of Approved reclamation projects from PRA, if applicable.

2. Duly notarized Omnibus Undertaking

(Sworn Affidavit)

TOTAL PROCESSING TIME: 10 calendar days

Note: A three (3) working day buffer period will be allotted to check the completeness of the submitted

documentary requirements, and notification of acceptance or non-acceptance shall be made within the said period.

PROCESS FLOWCHART

APPLICATION FOR PERMIT TO CONSTRUCT

PMO/ESD

Evaluates application for PTC (within eight (8) calendar days)

PM

Approves/Disapproves application (within one (1) calendar day)

PMO/ESD

Advises the proponent on such denial

(within one (1) calendar day)

PROPONENT

Submits to PMO application for permit to construct (PTC) with complete

documentary requirements, and pays the non-refundable filing fee

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Application

approve?

YES

NO


1. Application Form with the following supporting documents: a. Detailed Cost Estimates; b. Building Plans and other technical

specifications; c. Design computations; d. Working drawings signed by a

Licensed Civil Engineer; e. Copy of Clearance to Develop; f. Certified true copy of Approved

Foreshore Lease Contract/Order Award, or Certified true copy of Official Receipt representing payment of Annual Occupancy Fee;

g. Original copy of Secretary’s Certificate

Designating Company’s Authorized

Representative

2. Duly Notarized Omnibus Undertaking (Sworn Affidavit)

PTC Fee

For Private Non-Commercial Port Below Php10M: Php20,000.00 + VAT Php10M above: Php30,000.00 + .001 (1/10 of 1%) of the excess of Php10M but not to exceed Php100,000.00 + VAT For Private Commercial Port Below Php10M: Php60,000.00 + VAT Php10M above: Php80,000.00 + .001 (1/10 of 1%) of the excess of Php10M but not to exceed Php100,000.00 + VAT

- Detailed Cost Estimates; Building Plans and other technical specifications; design computations; working drawings/ building plans signed

PMO/ESD

Notifies the proponent to pay the corresponding fee. Releases PTC

upon receipt of Official Receipt (within one (1) calendar day)


PROCESS FLOWCHART

APPLICATION FOR CERTIFICATE OF REGISTRATION/PERMIT TO OPERATE (NEW)

PMO

Acknowledges receipt, evaluates and endorses the proposals to CSD (within two (2) calendar days)

CSD


the AGMO (within three (3) calendar days)

AGMO


GM


CSD

Releases approved COR/PTO (within one (1) calendar day)

PROPONENT

Submits to PMO, the application for Certificate of Registration/Permit to Operate (COR/PTO) a private port

with complete documentary requirements, and pays the non-

refundable filing fee

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1. Unified Application Form with following supporting documents:

a. Project Completion Report; b. Certified true copy of

Approved Foreshore Lease Contract (FLC); or Certified true copy of Official Receipt representing payment of Annual Occupancy Fee;


d. Original copy of Secretary’s Certificate designating company’s Authorized Representative.

e. Certified true copy of the

Office of the Transport

Security (OTS) Approved Port

Facility Security Plan (PFSP).



Note: Approval of COR/PTO Temporary/Non-Commercial – AGMO Permanent/Non-Commercial – GM Temporary and Permanent Commercial - GM

PROCESS FLOWCHART

APPLICATION FOR RENEWAL OF CERTIFICATE OF REGISTRATION/

PERMIT TO OPERATE (RENEWAL)

PMO

Acknowledges receipt, evaluates and endorses the proposals to CSD (within seven (7) calendar days)

CSD


the AGMO (within ten (10) calendar days)

AGMO

Recommends approval to the GM (within six (6) calendar days)

GM

Approves/Disapproves application (within six (6) calendar days)

CSD


PROPONENT


with complete documentary requirements and pays the non-


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a. Certified true copy of

Approved Foreshore Lease Contract (FLC); or Certified true copy of DENR-issued Official Receipt representing payment of Annual Occupancy Fee;

b. PPA certification that the owner/operator has no outstanding obligations with PPA;

c. Original copy of Secretary’s Certificate designating company’s Authorized Representative;

d. Certified true copy of the Office of the Transport Security (OTS) Approved Port Facility Security Plan (PFSP).

2. Duly notarized Omnibus

Undertaking (Sworn Affidavit)


Note: A three (3) working day buffer period will be allotted to check the completeness of the

submitted documentary requirements, and notification of acceptance or non-acceptance shall be made within the said period.

Note: Approval of COR/PTO Temporary/Non-Commercial – AGMO Permanent/Non-Commercial – GM Temporary and Permanent Commercial - GM

PROCESS FLOWCHART

REQUEST FOR IMPROVEMENT/EXPANSION/REHABILITATION OF EXISTING PRIVATE PORTS WITH VALID COR/PTO

(ISSUANCE OF PERMIT TO CONSTRUCT)

PMO/OPM

Acknowledges receipt and endorses the proposals to Engineering Services

Division (ESD) (within wo (2) calendar days)

PMO/ESD

Evaluates the request upon receipt of the complete documents/Conducts ocular

inspection (within ten (10) calendar days)

PMO/OPM

Notifies the proponent to pay the corresponding

Permit to Construct (PTC) Fee

(within two (2) calendar days)

PROPONENT

Submits to PMO said application for with complete documentary

requirements and pays the non-refundable filing fee

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1. Unified Application Form with the following supporting documents:

a. Summary of proposed

improvement/expansion/ rehabilitation;

b. Detailed Cost Estimates; c. Design Computations; d. Working drawings/building

plans signed by a Licensed Civil Engineer;

e. Original copy of Secretary’s Certificate designating company’s Authorized Representative;

f. Certified true copy of Approved reclamation projects from PRA, if applicable.

2. Duly notarized Omnibus

Undertaking (Sworn Affidavit)


Note: A three (3) working day buffer period will

be allotted to check the completeness of the submitted documentary requirements, and notification of acceptance or non-acceptance

shall be made with the said period.

PMO/OPM

Furnishes Head Office- Commercial Services

Department (CSD) copy of approved PTC/letter of

denial (within one (1) calendar day)

Is request

approve?

PMO/OPM

Issues letter of denial to the proponent

(within two (2) calendar days)

YES

NO

PROCESS FLOWCHART

REQUEST FOR IMPROVEMENT/EXPANSION/REHABILITATION OF EXISTING PRIVATE PORTS WITH VALID COR/PTO

(ISSUANCE OF AMENDED COR/PTO)

PMO

Acknowledges receipt, evaluates and endorses the proposals to CSD (within five (5) calendar days)

CSD


the AGMO (within five (5) calendar days)

AGMO


GM


CSD


PROPONENT


with complete documentary requirements, and pays the non-


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a. Project Completion Report; b. Certified true copy of

Approved Foreshore Lease Contract (FLC); or Certified true copy of Official Receipt representing payment of Annual Occupancy Fee;


d. Original copy of Secretary’s Certificate designating company’s Authorized Representative.

e. Certified true copy of the

Office of the Transport

Security (OTS) Approved Port

Facility Security Plan (PFSP).



Note: Approval of Amended COR/PTO Temporary/Non-Commercial – AGMO Permanent/Non-Commercial – GM Temporary and Permanent Commercial - GM

Annex D

Documentary Requirements for Request for Improvement

1. Unified Application form with the following supporting documents:

a. Summary of proposed improvement/expansion/rehabilitation;

b. Detailed Cost Estimates;

c. Design computations

d. Working drawings/building plans signed by a Licensed Civil Engineer

e. Original Copy of Secretary’s Certificate Designating Company’s Authorized Representative

f. Certified True Copy of Approved reclamation projects from PRA, if applicable

2. Duly Notarized Omnibus Undertaking

annex a - Philippine Ports Authority

Documents

Transcript of annex a - Philippine Ports Authority