Section 3June 02, 2007, Sec./Art. 3

Definition of Terms. - For the purpose of this Act:

(a) "1992 Civil Liability Convention" means the 1992 International Convention on Civil Liability for Oil Pollution Damage;

(b) "1992 Fund Convention" means the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage;

(c) "MARINA" means Maritime Industry Authority;

(d) "PCG means Philippine Coast Guard;

(e) "PPA" means Philippine Ports Authority;

(f) "Affiliate Corporation" means a corporation that is owned or subject to common corporate control by another corporation and operated as part of the latters business;

(g) "Contributing Oil" means crude Oil and fuel Oil as herein defined:

(1) "Crude Oil" means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation. It also includes crude Oils from which certain distillate fractions have been removed (which sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes) ; and

(2) "Fuel Oil" means heavy distillates or residues from crude Oil or blends of such materials intended for use as fuel for the production of heat or power of a quality equivalent to the "American Society for Testing and Materials Specification for Number Four Fuel Oil (Designation D 396-69) " or heavier;

(h) "Incident" means any occurrence or series of occurrences having the same origin which causes Pollution Damage or creates a grave and imminent threat of causing such damage: Provided That a series of occurrences shall be treated as having occurred on the date of the first such occurrence;

(i) "Oil" means any persistent hydrocarbon mineral Oil such as crude Oil, fuel Oil, heavy diesel Oil and lubricating Oil, whether carried on board a Ship as cargo or in bunkers of such a Ship;

(j) "Owner" means the person registered as the Owner of the Ship or, in the absence of registration, the person or persons owning the Ship. However, in case of a Ship owned by a State and operated by a company which in that State is registered as the Ships operator, "Owner" shall mean such company;

(k) "Person" means any individual or partnership or any public or private body, whether corporate or not, including a State or Government or its constituent subdivisions;

(l) "Pollution Damage" means:

(1) Loss or damage caused outside the Ship by contamination resulting from the escape or discharge of Oil from the Ship, wherever such escape or discharge may occur: Provided, That compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and

(2) The costs of preventive measures and further loss or damage caused by preventive measure;

(m) "Preventive Measures" means any reasonable measures taken by any person after an Incident has occurred to prevent or minimize Pollution Damage;

(n) "Ship" means any sea-going vessel and sea-home craft of any type whatsoever constructed or adapted for the carriage of Oil in bulk as cargo: Provided That a Ship capable of carrying Oil and other cargoes shall be regarded as a Ship only when it is actually carrying Oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of Oil in bulk aboard;

(o) "State of the Ships registry" means in relation to registered Ships, the State of registration of the Ship and in relation to unregistered Ships, the State whose flag the Ship is flying; and

(p) "Subsidiary Corporation" means a corporation in which control, in the form of ownership of majority shares, is in another corporation, called the parent corporation.