It’s more fun in the Philippines….
What happened so far
The previous owner had tried to register IRResistible in the Philippines through an agent. However, a required document was missing, the Builder’s certificate, which is needed to avoid import tax that is due if the boat was not made in the Philippines. There was an amnesty period for imported boats, but that expired in October 2024. Anyway, IRResistible was build in the Philippines and the previous owner finally got the required document, but put the registration on hold because he had decided to sell the boat.
I have the options to register IRResistible either in the Philippines, in Poland or in Malta. Costa Rica was registered in Poland and during the All Souls Regatta I talked to B., a French guy who has a racing trimaran, which is also registered in Poland. He said it is easy, even if the hull number can not be found, the polish government would just assign a new one. I got in touch with a consulting company that facilitates registrations in Poland, it would cost around US$ 400 and lasts until one unregistered the boat.
But we had Magayon II registered in the Philippines and to prevent trouble in the future, e.g. when the Authorities get the idea to crack down on foreign registered boats for whatever reason, I prefer to have her registered in the Philippines. Maybe not a smart idea.
Registering Magayon II was easy and painless. And there was this press release in 2019 from MARINA: DOTR, MARINA LAUNCH RECREATIONAL VESSEL REGISTRY; YACHT REGISTRATION ASSURED IN JUST 5 DAYS
So how difficult can it be?
Inquiries
The previous owner offered to coordinate with the agent who had previously registered boats of members of the club. I agreed, seemed to be the easiest way for me. October 9: So I went to the law office in Subic, got an Affidavit of ownership (1,000 Pesos), and had them also notarize a Power of Attorney for the agent to do the registration in my behalf (another 1,000 Pesos). I then printed and compiled all the documents that were on the documents required list that came with all the boat documents. Shipping them to PG with LBC was another 195 Pesos.
Day 13: On October 22 I got the message that the agent could not process the registration because it “..had to be done at the Marina office closest to the home port. So that would either be Batangas or Subic.” The agent could not proceed.
Running around like a headless chicken
I then spent some time to find the Marina office in Subic. There is none. So that leaves Batangas. I wrote 3 emails to different email addressed listed on the Marina homepage inquiring about advise regarding the process. I did not get a single reply. One fourth one bounced back – recipient not known. So it is Batangas then, since there are no responses to emails to the MARINA office, next time we go to Puerto Galera I’ll have to pass by…
Day 26: November 3, the day after the All Souls Regatta. M. and I stayed overnight in Batangas because the a typhoon was approaching and we decided to leave PG in the evening the day before via Calapan before a Typhoon warning signal would stop all ferry traffic. I had all documents with me, including an application form for the registration of recreational boats, downloaded from the MARINA homepage. A young lady assisted us, she was very friendly and helpful. Every now and then she disappeared behind a door to check with her superiors. So basically:
- The application form that was downloaded from the MARINA homepage is outdated. She printed us the current one. (I checked afterwards, I could not find the current one anywhere online, but did find the old one)
- There was an inconsistency with the name of the builder in the builders’ certificate and the Deed of Sale. So we would need to have that corrected in the Deed of Sale.
- The required sketch of the boat should also have the technical data of the boat (not listed anywhere in any requirements I got).
- I have to create a profile in MARINA’s blockchain system to do things online. The first thing would be to check whether the proposed name IRResistable is available. That can be done online. The lady helped me with establishing the account. It needed to be approved first before I can use it.
- The lady pointed to the Section IV: Previously unregistered Boats in the Country (under Amnesty Period) in the application form for the requirements. It says under Original Copy of Ownership (either of the following): * Notarized Affidavit of Ownership; or Proof of Purchase; or Sales Contract.
So my understanding is that we need an adjusted Deed of Sale and then we have everything required.
Day 28: I have now access to the blockchain website and was running a check on the name. IRRESISTABLE is taken. I wonder by whom. So I try IRRESISTABLE 4, the name under which the boat was registered in Charlottesville in Canada before. That is available, so I submit that.
Day 29, November 6: After having changed the Deed of Sale and done some related communication, I send all new documents with all our signatures to the previous owner by LBC for him to sign with the request that he should check with the lawyer whether the document could be changed without having to pay the the total fee again. He promised to do so,
Day 47, November 24: We have a new Deed of Sale. Amending the old one was not possible, so a new one needed to be filed in the lawyer’s office. I am planning to go to Puerto Galera to work on the boat, so no need to send it to me.
I try to find a way to submit the application for the boat registration online on the MARINA blockchain homepage. I can only find registration of a new boat, IRResistable is 40 years old. So I guess rather than doing something online that might cause a lot of need of follow-up I better pass by the office again.
Day 54, December 1: In Puerto Galera. I hold the new Deed of Sale in my hands. I have all the other documents as discussed during the last MARINA visit. So I’ll pass by there on my way back to Subic.
Day 56, December 3: Second visit to MARINA office in Batangas. This time it was another lady, this is what transpired:
- The section the lady told me last time to use for the requirements (Section C.IV.: Previously unregistered Boats in the Country (under Amnesty Period) is not the right one since it does not exist anymore. I need to comply with Section C.I.: New Boat (Locally Built). I tell her that the boat is 40 years old. She says but that needs to be used. That requirement supposedly includes the Notarized Affidavit of Ownership. The application form does not have that listed, so I wonder why she is telling me that? (later, when doing the online application, I am asked to upload the certificate. Not the deed of sale, this is probably a problem with the “New boat” category).
- She also tells me that the name of the boat in the pictures is not the same as the name approved by MARINA. I tell her that I will not change the name on the boat now since I don’t know whether they will register it and that I have plan B (Poland) and plan C (Malta). That I will change the name on the boat as soon as it is assured that it will be registered.
- I can not proceed, since I need to get the Affidavit of Ownership first. Darn,
- I ask her whether this is really all I need, I don’t want to have more surprises. She says yes.
- I asked her about the cost. She said it depends on the boat size. I say, yes, but I would like to know because I might just go for option B or C. She disappears and comes back with a post it with the itemized info written on it: Application Fee 3,000 Pesos, Certificate of ownership: 400 Pesos, Recreational boat certificate: 400 P. Total 3,860. So it is about 1/4 of the cost of registering it in Poland. If the rest of the process runs smoothly, it would be worth bearing the inconsistencies and delays.
- This new requirement does not need a Deed of Sale (no option to upload on the web site) because it is for a NEW boat. I do anticipate problems because of that, it is just not a new boat. And we wasted the money and the time of others and ourselves for getting a new Deed of Sale because we were given the wrong information, either on the last visit or on this one..
Day 56, December 3: I rush home and modify the Affidavit of Ownership to reflect the changed builders information, print it, have everybody sign it, and then rush off to the lawyers office in SBFZ. The lady there tells me she can’t do it today since the lawyer is not in the office this afternoon. And besides I need an official document stamp the BIR office before the document can be notarized. I say, I have been doing this the last weeks with many documents, this kind no stamp was never needed. She says but now it is, and they are very strict in SBFZ.
Day 57, December 4: At BIR I buy three stamps for the documents for 90 Pesos before going to the lawyers office again. I ask the BIR lady why I have to get the stamps myself, am I not paying the lawyers office for the service? Can I deduct that from my payment to the lawyer’s office? She only grins at me the typical “you silly foreigner” smile. Back to the lawyers office, the lady does the notarization without even going to the lawyers office. So she does not actually need the lawyer to be there. Probably wanted to go home early yesterday afternoon. She asks me to call M. and ask her to come to the office to sign the book too. She charges me 1,000 Pesos for the Affidavit.
The application
Day 58: December 5. I got all documents together – I hope, or is there more salami tactic hidden at the MARINA? – signed the application form and added the date, and submitted everything online in the MARINA website.
And? Can it be done in 5 days?
Day 64: December 11. Checking the MARINA Blockchain site. It lists my application as “pending” and “for screening”. I dig deeper into the record, all the documents I have uploaded are still “for screening”. That means that they have done nothing yet. There is a “Cancel transaction” button. I am very tempted to press it and apply for registration in Poland. On second thought, it is not 5 days yet as announced in the press release, so I better postpone the cancellation to next week…
Day 65: December 12. Application rejected. I had visited the MARINA office in Batangas twice. Every time I left the office I thought I have all the information that is needed to register the boat. Well, every next step it appears that they change the rules. From my online registration they rejected all submitted documents except for my passport. With the following justification:
- The affidavit of the manufacturer : because it is too bad quality – and not complete. Well, it is 40 years old, and what do they mean by being not complete?
- The photos of the boat – too low quality.
- The application form – not stated that it is for private use, There was no field that gives that option in the form.
- The affidavit of ownership, no lawyer’s signature. They have a point there. I will go back to the lawyers office and raise hell there, totally unprofessional behavior.
Day 69: I talked to a senior business executive who is also a member of the club and helped us registering Magayon II, after I had gotten his contacts from a club member. He said he can help, and that I should do it at NCR and not in Batangas because Batangas is known for being difficult (I avoid the more fitting term here).
I am also checking the option to go for a German Flaggenzertifikat. I can not register a boat in my name because I do not have a residence in Germany, but I could do it though a representative who lives in Germany.
December 16: Cancelled the MARINA Batangas request for boat registration.