[ MIA MEMORANDUM CIRCULAR NO. 149, June 03, 1999 ]
AMENDMENT OF M.C. 40/40-A RE: INCREASED COMPULSORY PASSENGER INSURANCE COVERAGE TO P100, 000.00 PER PASSENGER
I. General Rule:
No Certificate of Public Convenience (CPC)/Provisional Authority (PA )/Special Permit (SP) shall be issued nor renewed unless and until a satisfactory passenger insurance coverage is submitted to the Maritime Industry Authority (MARINA).
II. Exception:
No exception is allowed except the option of Group Passenger Insurance for motorized boats/banca as per Memorandum Circular No. 40-B.
III. Minimum Amount of Cover/Aggregate Limit of Liability/Insurance Coverage:
> | Minimum Amount of Cover is P100,000.00 per passenger to cover every person as per total passenger capacity indicated in the Certificate of Inspection. |
> | Aggregate Limit of Liability is the total amount to cover the capacity of the carrying vessel as per its Certificate of Inspection placed at P100,000.00 per passenger. |
> | All passengers carried by a passenger carrying vessel manifested, unmanifested, ticketed, unticketed including minors (regardless of age), shall be covered by a passenger insurance. |
IV. Schedule of Indemnities:
The following are the updated Schedule of Indemnities applicable to water transport aside from loss of life which is automatically compensable with 100% of the principal sum of the required compulsory passenger insurance.
No. |
HEAD |
Grade |
|
Traumatic Head Injuries to |
|
|
|
|
1 |
Apperture unfilled with borne not over three(3) inches without brain injury |
9 |
|
|
|
2. |
Apperture unfilled with borne over three (3) inches without brain injury |
3 |
|
|
|
3. |
Severe paralysis of both upper or lower extremities or one upper and one lower extremity |
1 |
|
|
|
4. |
Moderate paralysis of two (2) extremities producing moderate difficulty with self care activities |
6 |
|
|
|
5. |
Slight paralysis affecting one extremity producing slight difficulty with self-care activities |
10 |
|
|
|
6. |
Severe mental disorder or Severe Complex Cerebral function disturbance or post-traumatic psychoneurosis which require regular aid and attendance as to render passenger/crew permanently unable to perform any work |
1 |
|
|
|
7. |
Moderate mental disorder or moderate brain functional disturbance which limits passenger/crew to the activities of daily living with some directed care or attendance |
6 |
|
|
|
8. |
Slight mental disorder or disturbance that requires little attendance or raid and which interferes to a slight degree with the capacity of the claimant |
10 |
|
|
|
9. |
Incurable imbecility |
1 |
|
|
|
No. |
FACE |
Grade |
|
|
|
|
Severe disfigurement of the face or head as to make the passenger so repulsive as to greatly handicap him in securing or retaining employment, thereby being no permanent functional disorder |
2 |
|
|
|
|
Moderate facial disfigurement involving partial ablation of the nose with big scars on face or head |
5 |
|
|
|
|
Partial ablation of the nose or partial avulsion of the scalp |
9 |
|
|
|
|
Complete loss of the power of mastication and speech function |
1 |
|
|
|
|
Moderate constriction of the jaw resulting in moderate degree of difficulty in chewing and moderate loss of the power or the expression of speech |
6 |
|
|
|
|
Slight disorder of mastication and speech function due to traumatic injuries to jaw or cheek bones |
12 |
|
|
|
No. |
EYES |
Grade |
|
|
|
1. |
Blindness or total and permanent loss of vision of both eyes |
1 |
|
|
|
2. |
Total blindness of one (1) eye and fifty percent (50%) loss of vision of the other eye |
5 |
|
|
|
3. |
Loss of one eye or total blindness of one eye |
7 |
|
|
|
4. |
Fifty percent (50%) loss of vision of one eye |
10 |
|
|
|
5. |
Lagopthalmos, one eye |
12 |
|
|
|
6. |
Ectropion, one eye |
12 |
|
|
|
7. |
Ephiphora, one eye |
12 |
|
|
|
8. |
Prosis, one eye |
12 |
|
|
|
|
NOTE: (Smeller s Chart - used to grade distant vision) |
|
|
|
|
No. |
NOSE AND MOUTH |
Grade |
|
|
|
1 |
Considerable stricture of the nose (both sides) hindering breathing |
11 |
|
|
|
2. |
Loss of the sense of hearing in one ear |
11 |
|
|
|
3. |
Injuries to the tongue (partial amputation or adhesion) or palate-causing defective speech |
10 |
|
|
|
4. |
Loss of three (3) teeth restored by prosthesis |
14 |
|
|
|
No. |
EARS |
Grade |
|
|
|
1. |
For the complete loss of the sense of hearing on both ears |
3 |
|
|
|
2. |
Loss of two (2) external ears |
8 |
|
|
|
3. |
Complete loss of the sense of hearing in one ear |
11 |
|
|
|
4. |
Loss of one external ear |
12 |
|
|
|
5. |
Loss of one-half ( ) of an external ear |
14 |
|
|
|
No. |
NECK |
Grade |
|
|
|
1. |
Such injury to the throat as necessitates the wearing of a tracheal tube |
6 |
|
|
|
2. |
Loss of speech due to injury to the vocal cord |
9 |
|
|
|
3. |
Total stiffness of neck due to fracture or dislocation of the cervical pines |
8 |
|
|
|
4. |
Moderate stiffness or two-thirds (2/3) loss of motion of the neck |
10 |
|
|
|
5. |
Slight stiffness of neck or one-third (1/3) loss of motion |
12 |
|
|
|
No. |
CHEST-TRUNK-SPINE |
Grade |
|
|
|
1. |
Fracture of four (4) or more ribs resulting to severe limitation of chest expansion |
6 |
|
|
|
2. |
Fracture of four (4) or more ribs with intercostal neuralgia resulting in moderate limitation of chest expansion |
9 |
|
|
|
3. |
Slight limitation of chest expansion due to simple rib functional without myositis or intercostal neuralgia |
12 |
|
|
|
4. |
Fracture of the dorsal or lumbar spines resulting to severe or total rigidity of the trunk or total loss of lifting power of heavy objects |
6 |
|
|
|
5. |
Moderate rigidity or two-thirds (2/3) loss of motion or lifting power of the trunk |
8 |
|
|
|
6. |
Slight rigidity or one-third (1/3) loss of motion or lifting power of the trunk |
11 |
|
|
|
7. |
Injury to the spinal cord as to make walking impossible without the aid of a pair of crutches |
4 |
|
|
|
8. |
Injury to the spinal cord as to make walking impossible even with the aid of a pair of crutches |
1 |
|
|
|
9. |
Injury to the spinal cord resulting to incontinence of urine and feces |
1 |
|
|
|
No. |
ABDOMEN |
Grade |
|
|
|
1. |
Loss of the spleen |
8 |
|
|
|
2. |
Loss of the kidney |
7 |
|
|
|
3. |
Severe residuals of impairment of intra-abdominal organs which requires regular aid and attendance that will unable worker to seek any gainful employment |
1 |
|
|
|
4. |
Moderate residuals of disorder of the intra-abdominal organs secondary to trauma resulting to impairment of nutrition, moderate tenderness, nausea, vomiting, constipation or diarrhea |
7 |
|
|
|
5. |
Slight residuals or disorder of the intra-abdominal organs resulting in impairment of nutrition, slight tenderness and/or constipation or diarrhea |
12 |
|
|
|
6. |
Inguinal hernia secondary to trauma or strain |
12 |
|
|
|
No. |
PELVIS |
Grade |
|
|
|
1. |
Fracture of the pelvic rings as to totally incapacitate passenger/crew to work |
1 |
|
|
|
2. |
Fracture of the pelvic ring resulting to deformity and lameness |
6 |
|
|
|
No. |
URINARY AND GENERATIVE ORGANS |
Grade |
|
|
|
1. |
Total loss of penis |
7 |
|
|
|
2. |
Total loss of both testicles |
7 |
|
|
|
3. |
Total loss of one testicle |
11 |
|
|
|
4. |
Scars on the penis or destruction of the parts of the cavernous body or urethra Interfering with erection or markedly affecting coitus |
9 |
|
|
|
5. |
Loss of one breast |
11 |
|
|
|
6. |
Prolapse of the uterus |
6 |
|
|
|
7. |
Great difficulty in urinating |
13 |
|
|
|
8. |
Incontinence of urine |
10 |
|
|
|
No. |
THUMBS AND FINGERS |
Grade |
|
|
|
1. |
Total loss of one thumb including metacarpal bone |
9 |
|
|
|
2. |
Total loss of one thumb |
10 |
|
|
|
3. |
Total loss of one index finger including metacarpal bone |
10 |
|
|
|
4. |
Total loss of one index finger |
11 |
|
|
|
5. |
Total loss of one middle finger including metacarpal bone |
11 |
|
|
|
6. |
Total loss of one middle finger |
12 |
|
|
|
7. |
Total loss of one ring finger including metacarpal bone |
12 |
|
|
|
8. |
Total loss of one ring finger |
13 |
|
|
|
9. |
Total loss of one small finger including metacarpal bone |
13 |
|
|
|
10. |
Total loss of one small finger |
14 |
|
|
|
11. |
Loss of two (2) or more fingers: Compensation for the loss or loss of use of two (2) or more fingers or one (1) or more phalangers of two or more digits of a hand must be proportioned to the loss of the hand occasioned thereby but shall not exceed the compensation for the loss of a hand |
|
|
|
|
|
a. Loss of five (5) fingers of one hand |
6 |
|
|
|
|
b. Loss of thumb, index fingers and any of 2 or more fingers of the same hand |
6 |
|
|
|
|
c. Loss of the thumb index fingers and any of 2 or more fingers of the same hand |
7 |
|
|
|
|
|
|
|
d. Loss of thumb and index finger |
8 |
|
|
|
|
e. Loss of three (3) fingers of one hand not including thumb and index finger |
9 |
|
|
|
|
f. Loss of the index finger and any one of the fingers of the same hand excluding thumb |
9 |
|
|
|
|
g. Loss of two (2) digits of one hand not including thumb and index finger |
10 |
|
|
|
12. |
Loss of ten (10) fingers of both hand |
3 |
|
|
|
No. |
HANDS |
Grade |
|
|
|
1. |
Total loss of use of both hands or amputation of both hands at wrist joints of above |
1 |
|
|
|
2. |
Amputation of a hand at carpo-metacarpal joints |
5 |
|
|
|
3. |
Amputation between wrist and elbow joint |
5 |
|
|
|
4. |
Loss of grasping power for small objects between the fold of the finger of one hand |
10 |
|
|
|
5. |
Loss of grasping power for large objects between fingers and palm of one hand |
10 |
|
|
|
6. |
Loss of opposition between the thumb and tips of the fingers of one hand |
9 |
|
|
|
7. |
Ankylosed wrist in normal |
10 |
|
|
|
8. |
Ankylosed wrist in position one third (1/3) flexed or half extended and or severe limited action of a wrist |
11 |
|
|
|
No. |
SHOULDER AND ARM |
Grade |
|
|
|
1. |
Inability to turn forearm (forearm in normal position-supination) |
11 |
|
|
|
2. |
Inability to turn forearm (forearm in abnormal position-pronation) |
10 |
|
|
|
3. |
Disturbance of the normal carrying angle or weakness of an arm or a forearm due to deformity of moderate atrophy of muscles |
11 |
|
|
|
4. |
Stiff elbow at full flexion of extension (one side) |
7 |
|
|
|
5. |
Stiff elbow at right angle flexion |
8 |
|
|
|
6. |
Flail elbow joint |
9 |
|
|
|
7. |
Pseudoarthrosis of the humerus with musculospiral or radial paralysis |
6 |
|
|
|
8. |
Ankylosis of one shoulder the shoulder blade remaining rigid |
9 |
|
|
|
9. |
Ankylosis of one shoulder the shoulder blade remaining rigid |
8 |
|
|
|
10. |
Unreduced dislocation of one (1) shoulder |
8 |
|
|
|
11. |
Ruptured biceps or pseudoarthrosis of the humerus, close (one side) |
11 |
|
|
|
12. |
Inability to raise arm more than halfway from horizontal to perpendicular |
11 |
|
|
|
13. |
Ankylosis of the shoulder joint not permitting arm to be raised above a level with a shoulder and/or irreducible fracture or faulty union collar bone |
10 |
|
|
|
14. |
Total paralysis of both upper extremities |
1 |
|
|
|
15. |
Total paralysis of one upper extremity |
3 |
|
|
|
16. |
Amputation of one (1) upper extremity at or above the elbow |
4 |
|
|
|
17. |
Sear the size of the palm in one extremity |
14 |
|
|
|
No. |
LOWER EXTREMITIES |
Grade |
|
|
|
1. |
Loss of a big toe |
12 |
|
|
|
2. |
Loss of a toe other than the big one |
14 |
|
|
|
3. |
Loss of ten (10) digits of both feet |
5 |
|
|
|
4. |
Loss of a great toe of one foot - one toe |
10 |
|
|
|
5. |
Loss of two (2) toes not including great toe or toe next to it |
12 |
|
|
|
|
|
|
6. |
Loss of three (3) toes excluding great toe of a foot |
10 |
|
|
|
7. |
Loss of four (4) excluding great toe of a foot |
9 |
|
|
|
8. |
Loss of great toe and two (2) other toes of the same foot |
9 |
|
|
|
9. |
Loss of five digits of a foot |
8 |
|
|
|
10. |
Loss of both feet at ankle joint or above |
1 |
|
|
|
11. |
Loss of one foot at ankle joint or above |
6 |
|
|
|
12. |
Depression of the arch of a foot resulting in weak foot |
12 |
|
|
|
13. |
Loss of one-half ( ) metatarsus or forepart of foot |
8 |
|
|
|
14. |
Loss of whole metatarsus or forepart of foot |
7 |
|
|
|
15. |
Tearing of achilles tendon resulting in the impairment of active flexion and extension of a foot |
12 |
|
|
|
16. |
Malleolar fracture with displacement of the foot inward or upward |
10 |
|
|
|
17. |
Complete immobility of an ankle joint in abnormal position |
10 |
|
|
|
18. |
Complete immobility of an ankle joint in normal position |
11 |
|
|
|
19. |
Total of loss of a leg or amputation at or above the knee |
3 |
|
|
|
20. |
Stretching of leg of the ligaments of a knee resulting in instability of joint |
10 |
|
|
|
21. |
Ankylosis of a knee in genuvalgus of varus |
10 |
|
|
|
22. |
Pseudoarthrosis of a knee cap |
10 |
|
|
|
23. |
Complete immobility of a knee joint in full extension |
10 |
|
|
|
24. |
Complete immobility of a knee joint in strong flexion |
7 |
|
|
|
25. |
Complete immobility of a hip joint in flexion of the thigh |
5 |
|
|
|
26. |
Complete immobility of a hip joint in full extension of the thigh |
9 |
|
|
|
27. |
Slight atrophy of calf or leg muscles with apparent shortening or joint lesion or disturbance weight-bearing line |
13 |
|
|
|
28. |
Shortening of a lower extremity from one to three centimeters with either joint lesion or disturbance of weight-bearing joint |
13 |
|
|
|
29. |
Shortening of 3 to 6 cm. with slight atrophy of calf or thigh muscles |
12 |
|
|
|
30. |
Shortening of 3 to 6 cm. with either joint lesion or disturbance of weight-bearing point |
11 |
|
|
|
31. |
Irregular union fracture with joint stiffness and with shortening of 6 to 9 cm. producing permanent lameness |
9 |
|
|
|
32. |
Irregular union of fracture in a thigh or leg with shortening of 6 to 9 cms. |
10 |
|
|
|
33. |
Failure of fracture of hips to unite |
1 |
|
|
|
34. |
Failure of fracture of a hip to unite |
3 |
|
|
|
35. |
Paralysis of both lower extremities |
1 |
|
|
|
36. |
Paralysis of one lower extremity |
3 |
|
|
|
37. |
Scar the size of a palm or larger left on an extremity |
14 |
Note: Any item in the schedule classified under Grade 1 shall constitute total and permanent disability
SCHEDULE OF DISABILITY ALLOWANCES |
|
Impediment Grade |
Maximum Rate |
|
|
1 |
100.00% |
2 |
88.00% |
3 |
78.36% |
4 |
68.66% |
5 |
58.96% |
6 |
50.00% |
7 |
41.80% |
8 |
33.59% |
9 |
26.12% |
10 |
20.15% |
11 |
14.93% |
12 |
10.45% |
13 |
6.72% |
14 |
3.74% |
V. Transitory Provisions:
All existing/valid passenger insurance coverage shall be updated to effect the augmentation of the passenger insurance coverage from P50,000.00 to P100,000.00 per passenger within the period specified below.
a. High Speed Crafts and passenger carrying-vessels 500 Gross Tons and above - Immediately upon the effectivity of this circular;
b. Passenger-Carrying Vessels below 500 Gross Tons - Three (3) months from the effectivity of this circular,
c. Vessels and Motorboat/banca below 35 Gross Tons - Starting January l, 2000.
Vessels coming into the system from the effectivity of this Circular, regardless of size and type of operation, shall comply with the submission of the compulsory passenger insurance coverage of P100,000.00 per passenger.
VI. Repealing Clause:
Any provision of the Philippine Merchant Marine Rules and Regulations (PMMRR) 1997 and inconsistent provisions of MARINA Memorandum Circular No. 40 and 40-A are hereby repealed or modified accordingly.
VII. Effectivity:
This Memorandum Circular shall be published once in a newspaper of general circulation and shall take effect fifteen (15) days after publication.
Adopted: 03 June 1999
Administrator