Administrative Investigations of Marine Deck and Marine Engineer Officers

January 3, 2013

PRC MEMORANDUM CIRCULAR NO. 007-13

 

I. Authority

Sections 10 (i) and 24, Article VI of Republic Act No. 8544, otherwise known as the "PHILIPPINE MERCHANT MARINE OFFICERS ACT OF 1998", as implemented by Sections 42, 43 and 44, Article IX, Resolution Nos. 55-A and 48-A, series of 2012, of the Boards of Marine Deck and Marine Engineer Officers (Boards), respectively.

II. Objective

To comply with the standard/requirements Regulation 1/5 of the 1978 STCW Convention, as amended, and to ensure that processes and procedures are established for the impartial investigation of any reported incompetence; act or omission that may pose a direct threat to safety of life at sea or to the marine environment Rules and Regulations and providing penalties therefor.

III. Coverage

The impartial administrative investigation of cases against registered/licensed marine deck and marine engineer officers shall cover, but shall not be limited to the following:

1. incompetence.

2. negligence.

3. act or omission, that may pose a direct threat to safety of life at sea or to the marine environment.

4. violation of the Rules and regulations Implementing R.A. No. 8544.

5. violation of the policies of the Board.

6. violation of the Code of Ethics for Marine Officers.

7. violation of any provision of R.A. No. 8544.

8. Engaging in the practice of merchant marine profession or represents himself as a Marine Deck or Engineer Officer without holding a valid Certificate of Registration and/or Certificate of Competency.

9. Representing or using the Certificate of Registration and/or Certificate of Competency of another person.

10. Giving any false or forged documents for the purpose of obtaining a Certificate of Registration and/or Certificate of Competency.

11. Using a revoked or suspended Certificate of Registration and/or invalid or expired professional license.

12. Assuming, using or advertising the title of Marine Deck/Engineer Officer under his name, or any description to convey the impression that he is a professional marine deck/engineer officer without holding a valid Certificate of Registration and/or Certificate of Registration and/or Certificate of Competency.

13. Use or perpetration of any fraud or deceit in obtaining a Certificate of Registration, Competency or Endorsement.

14. Tampering of data/entry in the Certificate of Registration, STCW Certificate of Competency, STCW Endorsement Certificate or any Certificate/Certification issued by the Board or the Commission.

IV. Definition of Terms. — Unless otherwise provided, the following shall mean:

1. Commission — the Professional Regulation Commission (PRC) created under Republic Act No. 8981, otherwise known as the "PRC Modernization Act of 2000".

2. Board — the Professional Regulatory Board of Marine Deck Officers or Marine Engineer Officers.

3. STCW Convention — the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended.

4. STCW Code — the Seafarer's Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference Resolution 2.

5. Deck Officer — a duly registered and licensed Master Mariner, Chief Mate, Officer-in-Charge of a Navigational Watch, Major Patron and Minor Patron.

6. Master — a duly registered and licensed marine deck officer having command of a ship.

7. Master Mariner — a duly registered and licensed marine deck officer with the highest level of license attainable and whose qualification is required to serve as the person in charge or person in command of a merchant marine ship.

8. Chief Mate — a duly registered and licensed marine deck officer next-in-rank to the Master who exercises supervision of the deck personnel of the ship; the loading and unloading of cargo; the maintenance and upkeep of the ship; perform such other function as the Master may assign to him from time to time; and upon whom the command of the ship shall devolve/transfer, in the absence of, or in the event of incapacity of the Master.

9. Officer-in-Charge of a Navigational Watch — a duly registered and licensed marine deck officer next-in-rank to the Chief Mate designated as in charge of a navigational watch who performs such other duties and functions as the Master may direct.

10. Major Patron — a duly registered and licensed marine deck officer who acts as Master of a ship engaged on near coastal voyages.

11. Engineer Officer — a duly registered and licensed Chief Engineer Officer, Second Engineer Officer and Officer-in-Charge of an Engineering Watch in a manned engine-room or designated duty engineer in a periodically unmanned engine-room.

12. Chief Engineer Officer — a duly registered and licensed Engineer Officer who have over-all in-charge of the mechanical propulsion and the operation and maintenance of the electrical installations in the ship.

13. Second Engineer Officer — a duly registered and licensed marine engineer officer next-in-rank to the Chief Engineer Officer who exercises supervision over all the machineries and auxiliaries as well as the engine personnel of the ship, and upon whom shall devolve the responsibilities of the Chief Engineer Officer, in the absence of, or in the event of incapacity of the Chief Engineer Officer.

14. Officer-in-Charge of an Engineering Watch — a duly registered and licensed marine engineer officer next-in-rank to a Second Engineer Officer designated in a manned engine-room or designated duty engineer in a periodically unmanned engine-room who is responsible for the proper operation and maintenance of the machineries and equipment assigned to him by the Chief Engineer Officer including the inspection, maintenance of the electrical installations in the ship.

15. Electro-Technical Officer — a marine engineer officer qualified in accordance with the provisions of Regulation III/6 of the Convention.

16. Management Level — the level of responsibility associated with serving as Master or Chief Mate/Chief Engineer Officer or Second Engineer Officer on board a seagoing ship and ensuring that all functions within the designated area of responsibility are properly performed.

17. Operational Level — the level of responsibility associated with serving as officer-in-charge of a navigational or engineering watch, and maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction and supervision of a marine deck/engineer officer serving in management level for that area of responsibility.

18. Certificate of Registration — a document issued to a marine deck/engineer officer after passing the required licensure examination and upon compliance with all the requirements prescribed by the Board and the Commission.

19. Certificate of Competency — a Certificate issued and endorsed for deck officers/engineer officers, officers and GMDSS radio operators in accordance with the provisions of chapters II, III, IV or VII of the annex to the STCW Convention and entitling the lawful holder thereof to serve in the capacity and perform the functions involved at the level of responsibility specified therein.

20. Endorsement Certificate — a document issued by the Commission attesting the issue of a Certificate of Competency to a marine deck/engineer officer or the recognition of a Certificate issued by other flag states in compliance with the standards of the STCW Convention.

21. STCW Certificate — a Certificate issued in accordance with all applicable requirements of the STCW Convention and Code.

22. Approved — approved by the Party to the STCW Convention in compliance with all relevant requirements of the Regulations, the annex to the Convention, and mandatory provisions contained in Part A of the STCW Code.

23. Approved Education and Training — a structured education and training program duly approved by the Commission on Higher Education to enable a candidate to meet the standards of competence of the STCW Code for certification in both the operational and management levels.

24. Approved Seagoing Service — service on board a ship relevant to the issue or revalidation of a Certificate or other qualifications.

25. Approved Training Course — a training course in compliance with the requirements and standards of the 1978 STCW Convention, as amended, and accredited by the Maritime Training Council.

26. Management Level Course — the approved education and training required under paragraph 2, Regulation II/2-III/2 of the 1978 STCW Convention, as amended, for candidates for certification as a management level officer and meet the standards of competence specified in Section A-II/2-AIII/2 of the STCW Code.

27. Approved Training Record Book — an official record book of structured training activities on board a ship which forms part of an approved training program of a candidate for certification as officer-in-charge of a navigational/engineering watch under close supervision and monitoring of a qualified officer.

28. Seagoing Ship — a ship other than those which navigates exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

29. Licensure Examination for Marine Deck/Engineer Officers — the licensure examination given by the Board which is composed of the theoretical phase and the practical assessment phase.

30. Function — a group of tasks, duties and responsibilities, as specified in the STCW Code, necessary for ship operation, safety of life at sea or protection of the marine environment.

31. Near-Coastal Voyage — a voyage in the vicinity of a Party as defined by that Party or an agreement between that Party and another State to consider or treat a voyage as coastwise voyage.

32. Administration — the Government of the Party in whose flag the ship is entitled to fly. 

33. Supernumerary Capacity — a certificated marine deck/engineer officer with no specific responsibility other than to train and observe for a specific position pursuant to the STCW Convention.

34. Regulations — Regulations contained in the Annex to the STCW Convention, as amended.

35. GMDSS Radio Operator — a marine deck officer who is qualified in accordance with the provisions of Chapter IV of the STCW Convention, as amended.

36. Oil Tanker — a ship constructed and used for the carriage of petroleum and petroleum products in bulk.

37. Chemical Tanker — a ship constructed and used for the carriage in bulk of any liquid product listed in Chapter 17 of the International Bulk Chemical Code.

38. Liquefied Gas Tanker — a ship constructed and used for the carriage in bulk of any liquefied gas or other product listed in Chapter 19 of the international Gas Carrier Code.

39. Passenger Ship — a ship as defined in the International Convention for the Safety of Life at Sea, 1974, as amended.

40. Ro-Ro Passenger Ship — a passenger ship with ro-ro spaces or (special category spaces as defined in the International Convention for the Safety of Life at Sea, 1974 (SOLAS), as amended.

41. Certificate of Proficiency — a Certificate, other than a Certificate of competency issued to a marine deck/engineer officer, stating that the relevant requirements of training, competence or seagoing service of the STCW Convention, as amended, have been met.

42. Person with Immediate Responsibility — as used in regulation V/1-1, paragraphs 3 and 5 and regulation V/1-2, paragraph 3, means a marine deck/engineer officer being in a decision making capacity with respect to loading, discharging, care in transit, handling of cargo, tank cleaning or other cargo related operations.

43. Philippine Registered Ships — merchant marine ships registered under Philippine laws.

44. Foreign Marine Officer — Certificated Marine Officers of other Flag Administrations who are Parties to the STCW Convention which complied with the STCW Convention, as amended.

45. Philippine Maritime Laws — Laws enacted by Congress of the Republic of the Philippines pertaining to maritime relative functions and activities.

46. Incompetence — is lack of ability or fitness to discharge the required duty.

47. Negligence — signifies want of care which raises the presumption of conscious indifference to consequences or an entire disregard for and indifference to the safety and welfare of others.

48. Summons — shall consist of the letter-subpoena requiring appearance of the respondent at a designated time and place or letter requiring him to answer within the period therein specified, and a copy of the complaint and its enclosures.

V. Policies

1. Nature of Action — The administrative investigations shall be fact finding and summary in nature, and intended primarily to determine if the Marine Officer (respondent) is fit to continue as such and is still qualified and competent to continue practicing the profession.

2. Suppletory Application of Revised Rules of Court. — Unless otherwise provided in the Rules, the Revised Rules of Court shall be suppletorily applicable in the administrative investigations. However, technical errors in the admission of the evidence which do not prejudice the substantive rights of the parties shall not vitiate the proceedings.

3. Jurisdiction. — Service of summons with a copy of the complaint or formal charge shall vest the Boards of Marine Deck or Marine Engineer Officers with jurisdiction over the person of the respondent and the power to hear and decide the case even if he subsequently leaves the Philippines or fails to appear during the hearings of the case.

The Lawyer designated to handle maritime cases shall ensure that the Board has jurisdiction over the person of the respondent and over the subject matter of the complaint.

4. Due Process. — The respondent shall be informed of the charge/s against him, entitled to be represented by counsel or to be heard in person, to have a speedy and public trial, and to confront and to cross-examine witnesses against him.

5. Rules of Procedure. — The Rules shall uniformly apply to administrative investigations conducted in the Central Office and in the Regional Offices of the Commission.

6. Prohibited Pleadings and Motions. — The following pleadings, motions and petitions shall not be allowed, and shall be considered mere scraps of paper in the cases covered by the Rules:

a. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter or the person of the respondent;

b. Motion for a Bill of Particulars;

c. Motion for a new trial or for reopening of trial;

d. Petition for relief from judgment;

e. Motion for extension of time to file pleadings, affidavits or any other papers;

f. Second or subsequent motions for reconsideration;

g. Motion for Reconsideration against any interlocutory order issued by the Commission and the Board;

h. Reply and rejoinder; and

i. Demurrer to evidence.

7. Oath. — The hearing of the administrative cases is delegated to any lawyer of the Commission designated to handle maritime cases specifically the grounds under Regulation 1/5 of the STCW convention. The lawyer of the Commission and members of the Board may administer oath as may be necessary in taking the testimony of a party or a witness.

The lawyer of the Commission or any member of the Board shall have the power to exclude from the hearing room any person, party, witness or legal counsel who, during the hearing, disrupts the proceedings or conducts himself/herself in a disorderly manner. Such person, party, witness or legal counsel may be cited for contempt if he still creates disturbance outside the hearing room.

8. Presence of a Board Member. — The presence of a member of the Board shall be required. However, such presence may be waived upon agreement by both parties. This agreement shall appear in the minutes of the hearing and duly signed by both parties.

9. Pendency of Another Case. — The filing or pendency of a criminal and/or civil case before a court of law or an administrative case before another quasi-judicial body against the respondent shall neither suspend nor bar the proceedings of the latter. The Board shall independently proceed with the investigation and shall render its decision without awaiting the final decision of the Court or the other quasi-judicial body.

10. Cases Covered. — The administrative investigations shall cover any of the grounds provided under Regulation 1/5 of the STCW Convention, as amended, and specifically on fraudulent documents and tampering of certificates.

11. Imposable Penalty. — The Board may reprimand the respondent, or revoke or suspend the authority of the respondent to practice the merchant marine profession.

In case the penalty imposed is suspension or revocation/cancellation, the Certificate/s of registration, the professional identification card, and the STCW Certificates, if applicable, shall be surrendered to the Board within ten (10) days from the finality of the decision.

12. Contempt. — A contempt committed against the Board or any member thereof, or the lawyer of the Commission may be filed with the Regional Trial Court having territorial jurisdiction over the office of the Commission and shall be governed by the applicable provisions of the Rules of Court.

13. Proof of Service. — All pleadings filed must show proof of service upon the adverse party. A pleading without proof of service shall not be accepted or acted upon by the Board.

VI. Documentary Requirements

1. Affidavit complaint or a verified complaint

2. Counter Affidavit or Answer under oath

3. Affidavit of witness/es, if any

4. Documentary evidence, if any

VII. Procedure

1. Complaint. — A complaint shall be verified, or embodied in an affidavit, either of which shall have a certification of non-forum shopping.

2. Who May File. — A complaint shall be filed by any person, or a duly authorized representative. The Board may motu proprio initiate an administrative investigation.

3. Where to File a Complaint. — A complaint may be filed at the Legal and Investigation Division of the Central Office.

4. Form and Contents. — The complaint must be written in a clear, simple and concise language to inform the respondent of the nature and cause of the charge against him and to enable him to intelligently prepare his defense or answer. The complaint shall contain the following:

a. Full names and complete addresses of the complainant and the respondent;

b. Respondent's Certificate of Registration number and date of issuance if known;

c. A brief narration of the material facts which show the acts or omissions allegedly committed by the respondent constituting the charge, offense or cause of action;

d. The disciplinary action prayed for; and

e. Certified true copies of documentary evidence, and the affidavit/s of witness/es if any.

5. Number of Copies. — The complaint, together with the documentary evidence and affidavits of witness/es, if any, shall be filed in three (3) legible copies plus such number as there are respondents. The affidavit/s required to be submitted shall state facts only of direct personal knowledge to the affiant and shall show the competence of the affiant to testify to the matters stated therein. A violation of the foregoing requirement shall be a ground for excluding the affidavit or portion thereof from the record.

6. Withdrawal of the Complaint. — A complaint may be withdrawn by the complainant in writing and under oath at any time before the case is submitted for decision. The Commission or the Board shall forthwith dismiss the case unless it is necessary to disregard such withdrawal and to prosecute the case in the interest of the public, for the protection of the standard of the profession or in view of the obvious merit of the case.

7. Dismissal of the Complaint. — A complaint shall be dismissed outright on any of the following grounds:

a. No jurisdiction over the person of the respondent 

b. No jurisdiction over the subject matter of the complaint

c. A complaint states no cause of action

8. Issuance of Summons. — On the basis of the complaint or formal charge, summons shall be issued requiring the respondent to file his counter-affidavit or verified answer within fifteen (15) days from receipt thereof with notice that unless the respondent answers, the complainant shall be allowed to present evidence ex-parte and judgment shall be rendered thereon.

9. Counter-Affidavit or Verified Answer. — The counter-affidavit or verified answer with the documentary evidence and affidavit/s of witness/es, if any, shall also include a statement indicating whether he elects a formal investigation or waives his right thereto and submits the case for decision based on the pleadings.

A copy of the counter-affidavit or verified answer shall be served simultaneously upon the complainant or the special prosecutor.

10. Service of Summons with Complaint or Formal Charge. — The summons with complaint or formal charge shall be served personally or through registered mail at the address indicated in the complaint or in the records of the Commission. If service cannot be made personally, it may be effected by leaving a copy thereof at the respondent's residence with some person of suitable age and discretion residing therein, Service by registered mail shall be complete upon actual receipt by the respondent; Provided, however, that if he fails to claim his mail from the post office, service shall take effect upon the expiration of five (5) days from the date of first notice of the postmaster.

11. Failure to Serve Summons. — The complaint shall be archived if the summons cannot be served after three (3) attempts to serve at the address indicated in the complaint or in the records of the Commission.

12. Order of Default. — An order of default shall be issued for failure of the respondent to file his counter-affidavit or verified answer within fifteen (15) days from receipt of summons. Thereupon, an ex-parte presentation of evidence shall be allowed, and judgment shall be rendered thereon.

13. Service of Notices, Motions, Orders, Judgments and Pleadings. — Service of notices, orders, motions, judgments, and pleadings may be made either personally or by registered mail to the parties and to their counsels. Service to counsel is service to the party he represents.

14. When Notice/Motion/Pleading Deemed Filed. — A notice/motion/pleading personally submitted shall be deemed filed on the date stamped thereon; or if sent by registered mail, on the date shown by the postmark on the envelope which shall be attached to the records of the case.

15. Pre-trial Conference. — A mandatory pre-trial conference shall be set within thirty (30) days from receipt by the Board of the counter-affidavit or verified answer. The notice of pre-trial conference shall be served upon the parties and their respective counsels.

16. Filing of Pre-trial brief. — The parties shall file their pre-trial briefs not less than three (3) days before the date of the pre-trial conference, which shall contain, among others:

a. A summary of admitted facts and proposed stipulation of facts;

b. The issues to be tried or resolved;

c. The documents or exhibits to be presented, stating the purpose and the corresponding markings thereof;

d. The number, names and complete addresses of the witness/es, and the substance of their respective testimonies;

e. The dates of hearing, if there be a need for further hearing, to complete the testimonial evidence which shall not be more than ninety (90) days from start of the presentation of evidence by either party;

f. Willingness to waive the presence of a member of the Board in cases involving the practice of the profession;

g. Willingness to submit the case for decision on the basis of position papers; and

h. Such other matters as may aid in the prompt disposition of the case.

Any reservation made by either party to present additional witness/es or documents shall be subject to the discretion of the Board.

Failure to file the pre-trial brief at least three (3) days before the date of pre-trial conference shall have the same effect as failure to appear at the pre-trial conference.

17. Failure to Appear at Pre-trial Conference. — The failure of the complainant and/or his counsel to appear at the pre-trial conference shall cause the dismissal of the case. On the other hand, failure on the part of the respondent and/or his counsel to appear shall be a cause to allow the complainant to present evidence ex-parte and for judgment to be rendered on the basis thereof.

18. Matters to be Considered. — During the pre-trial conference, the parties shall consider the following:

a. Stipulation of facts;

b. Simplification of issues;

c. Identification and marking of exhibits;

d. Limiting the number of witnesses, their names and the substance of witnesses their respective testimonies;

e. Dates of trial which shall be completed within ninety (90) days from start of the presentation of evidence by either party;

f. Agreement to dispense with the presence of a member of the Board in cases involving the practice of the profession;

g. Submission of the case for decision on the basis of position papers; and

h. Such other matters as may aid in the prompt disposition of the case.

19. Pre-Trial Order. — Within fifteen (15) days from termination of the pre-trial conference, a pre-trial order shall be issued detailing the stipulations and admissions of the parties, and other matters taken up therein. The pre-trial order shall explicitly define and limit the issues to be tried should the action proceed to trial and the contents thereof shall govern the subsequent proceedings of the case unless modified before trial to prevent manifest injustice.

20. Trial. — The trial shall proceed as follows:

a. Presentation by the complainant and witnesses;

b. Cross examination of the complainant and his witnesses, followed by redirect examination of the complainant and his witnesses and re-cross examination by the respondent;

c. Presentation by the respondent of evidence in support of his defense;

d. Cross examination of the respondent and witnesses, followed by re-direct examination of the respondent and witnesses and re-cross examination by the complainant; and

e. Rebuttal and sur-rebuttal evidence, subject to the discretion of the Commission or the Board.

21. Judicial Affidavits in lieu of direct testimonies. — The Judicial Affidavit Rule pursuant to A.M. No. 12-8-8 SC shall apply.

22. Motion for Postponement. — A motion for postponement in writing shall be filed and furnished the adverse party at least five (5) days prior to the scheduled hearing sought to be postponed.

Either party is granted a maximum of two (2) postponements during the whole proceeding regardless of the number of the complainants or respondent/s. Any further postponement shall be denied. Failure on the part of a party to appear at the scheduled hearing shall be considered a waiver of his right to cross-examine the witness/es presented by the other party or to adduce his evidence.

23. Continuous trial until termination. — Trials shall be conducted on the dates set and agreed upon during the pre-trial conference. The schedule of the trials shall be strictly followed without further notice.

24. Appearance and Withdrawal of Counsel. — A counsel shall manifest in writing his appearance, stating:

a. his full name;

b. the receipt number of the current payment of membership dues to the Integrated Bar of the Philippines;

c. Roll of Attorneys;

d. Professional Tax Receipt with date and place of issue;

e. MCLE compliance with date of issue; and

f. Complete address where he can be served with notices and pleadings.

Any appearance or pleading of a counsel without complying with the above requirements shall not be recognized. Any withdrawal of counsel shall be in writing with the conformity of the party he represents and copy furnished the adverse party.

25. Request for Subpoena. — A party shall make a written request to the Board for the issuance of the necessary subpoena ad testificandum or subpoena duces tecum at least ten (10) days before the scheduled hearing.

26. Issuance of Subpoena. — The hearing officer may issue the requested subpoena ad testificandum to compel the attendance of witness/es or subpoena duces tecum to compel the production of documents or things.

27. Decision. — A decision shall be rendered within thirty (30) days from the date of the Order submitting the case for decision. In no case shall a decision be rendered beyond six (6) months from the date of service of summons.

In the case of an appeal, the Commission shall render a decision or resolution within ninety (90) days from the perfection of the appeal. The decision or resolution of the Commission is final and executory, unless appealed to the Court of Appeals.

The decision shall be in writing and signed by at least a majority of the members of the Board. It shall contain clearly and distinctly the findings of facts and of the law upon which the said decision is based.

28. Summary Judgment. — The parties may submit their position papers together with the original of the annexes or certified true copies of the same, furnishing each other copies thereof, within fifteen (15) days from the date of the pre-trial conference, should they agree to dispense with the hearing and submit the case for decision based on the pleadings.

29. Motion for Reconsideration. — A party aggrieved by a decision, order or resolution may file a motion for reconsideration within fifteen (15) days from receipt of the decision, order or resolution. Only one motion for reconsideration shall be entertained. A second or subsequent motion for reconsideration shall not be acted upon and shall be considered a mere scrap of paper.

A motion to extend the reglementary period to file a motion for reconsideration shall not be allowed.

No motion for reconsideration shall be entertained unless it be for any of the following causes: 

a. Fraud, accident, mistake, or excusable negligence which ordinary prudence could not have guarded against and by reason of which the aggrieved party has probably been impaired of his rights;

b. Newly discovered evidence which he could not, with reasonable diligence, have discovered and produced at the hearing, and which if presented would probably alter the result; and

c. Imposition of excessive penalty, or insufficiency of the evidence to justify the decision, or that the decision is against the law or not in accordance with the facts presented.

30. Transmittal of Decision. — The decision or resolution shall be transmitted to the parties and counsels.

31. Appeal, Period Non-Extendible. — The decision or order of the Board that completely disposes of the case shall be final and executory after the lapse of fifteen (15) days from receipt thereof without an appeal being perfected or taken by either party. The aggrieved party may file a notice of appeal to the Commission within fifteen (15) days from receipt of the decision or order together with the appellant's brief or memorandum on appeal, copy furnished the adverse party, and pay the appeal and legal research fees.

The period for perfecting the appeal shall be non-extendible.

32. Appeal and Legal Research Fees. — The appellant shall pay the appeal and legal research fees. Failure to pay the appeal and legal research fees within the period for appeal shall be a ground for the dismissal thereof.

33. When Appeal Deemed Filed. — A notice of appeal personally submitted shall be deemed filed on the date stamped thereon, or if sent by registered mail, on the date shown by the postmark on the envelope which shall be attached to the records of the case.

34. Evaluation of Appeal. — Before a decision or order is elevated on appeal to the Commission, the Board shall first ascertain whether the appeal is not from an interlocutory order, whether the notice of appeal together with the appellant's brief or memorandum on appeal was furnished the adverse party, and whether the appeal and legal research fees were paid within the reglementary period of fifteen (15) days.

An appeal from an interlocutory Order shall be dismissed immediately.

35. When Appeal Perfected. — An appeal shall be deemed perfected upon compliance with the following requirements:

a. Notice of appeal stating the specific material date when the decision, order or resolution was received;

b. Three (3) legible copies of brief or memorandum on appeal which shall set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the Board and the reasons or arguments relied upon for the allowance of the appeal;

c. Proof of service of a copy of the brief or memorandum on appeal upon the adverse party; and

d. Official receipt of payment of the appeal and legal research fees attached to the notice of appeal.

Failure of the appellant to comply with any of the foregoing requirements shall be a ground for the dismissal of the appeal.

36. Action on the Appeal. — The adverse party shall be required to submit an appellee's brief within fifteen (15) days from receipt of an Order from the Commission. Thereafter, the appeal shall be considered submitted for decision or resolution.

37. Records on Appeal. — The records of the case shall remain with the Commission until the decision or order shall have become final and executory.

38. Execution. — Execution shall issue as a matter of right, only after a decision, order or resolution that finally disposes of the action or proceeding shall have become final and executory. The records of the case shall be forwarded to the Legal and Investigation Division after execution of the decision, order or resolution for consignment to the archives.

39. Execution by the Legal and Investigation Division. — Decisions, orders or resolutions of the Commission or the Board which have become final and executory shall be immediately enforced and executed through the Legal and Investigation Division, in coordination with the concerned Accredited Professional Organizations/Accredited and Integrated Professional Organizations and government agencies.

40. Surrender of Certificate of Registration, STCW Certificates and Professional Identification Card. — The Chairman, or a duly designated member of the Board, shall sign the certification attesting to the surrender of the Certificate of Registration, Professional Identification Card and/or STCW Certificates upon those who have been imposed the penalty of suspension or revocation. The Legal and Investigation Division shall be responsible for the safekeeping of the surrendered Certificates of Registration, Professional Identification Card and/or STCW Certificates.

41. Final and executory decisions which suspend or revoke the authority of a marine officer to practice the merchant marine profession shall be entered in the registry or database of the Commission pursuant to Regulation 1/2 of the 1978 STCW Convention, as amended.

VIII. Repealing Clause

Any issuance, or parts thereof, which are inconsistent with any of the provision of this memorandum circular is hereby repealed or modified accordingly.

IX. Separability Clause

If any provision of this memorandum circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

X. Effectivity

This Memorandum Circular shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of nationwide circulation, whichever is earlier.

Let a copy of this Memorandum Circular be furnished the U.P. Law Center.

BOARD FOR MARINE DECK OFFICERS

 

(SGD.) CAPT. JAIME D. AQUINOChairman

BOARD FOR MARINE ENGINEER OFFICERS

 

(SGD.) CHIEF ENGINEER MIGUEL O. MARASIGANVice-Chairman

APPROVED:

PROFESSIONAL REGULATION COMMISSION

 

(SGD.) TERESITA R. MANZALAChairperson

Published in the Official Gazette, Vol. 109, No. 10, page 1433 on March 11, 2013.