Amending Resolution No. 55-A, s. 2012 (Revised Rules and Regulations Implementing R.A. No. 8544)

 

October 18, 2013

PROFESSIONAL REGULATORY BOARD FOR MARINE DECK OFFICERS RESOLUTION NO. 169-13

AMENDMENT TO RESOLUTION NO. 55-A, SERIES OF 2012 (RE: "REVISED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8544, THE "PHILIPPINE MERCHANT MARINE OFFICERS ACT OF 1998")

WHEREAS, the Board deemed it necessary to amend Board Resolution No. 55-A, series of 2012, the Implementing Rules and Regulations (IRR) of Republic Act No. 8544, to address inconsistencies with the Memorandum Circulars issued to provide guidelines to the aforesaid IRR, and institute changes to fully align with the 2010 Manila Amendments to the STCW Convention.

WHEREFORE, the Board RESOLVED, as it hereby RESOLVES, to amend Board Resolution No. 55-A, series of 2012, the Revised IRR of Republic Act No. 8544, the "Philippine Merchant Marine Officers Act of 1998", as follows:

SECTION 1. Section 3, Definition of Terms, paragraphs 4, 18, 22 and 23, Article I of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"xxx xxx xxx

4. STCW CODE — the Seafarer's Training, Certification and Watchkeeping (STCW) Code as adopted by the 1995 Conference Resolution 2, as it may be amended by the Organization." EaCDAT

xxx xxx xxx

18. APPROVED EDUCATION AND TRAINING — a structured education and training program for candidates for all certificates as deck officer and engineer officer, both for the management and operational level responsibility in accordance with the standard of competence under Section A of the STCW Code.

xxx xxx xxx

22. APPROVED IN-SERVICE EXPERIENCE — the experience by which candidates can demonstrate that they have received the necessary practical training to become competent. Candidates are still required to pass examinations, tests or assessment as appropriate to evaluate their competence as specified in the relevant competence tables.

23. APPROVED TRAINING RECORD BOOK — an official record book wherein the on-board training of candidates for certificates as officer-in-charge of a navigational watch or engineering watch under the supervision of a qualified officer is required to be recorded. This applies also to candidates for alternative certificates which attest competency at the operational level. However, exceptions are made for those candidates for certificates as officer-in-charge of a navigational watch and an engineering watch who have approved seagoing service of not less than three years and for candidates for certificates as officer-in-charge of a navigational watch on seagoing ships of less than 500 gross tonnage engaged on near-coastal voyages.

xxx xxx xxx."

SECTION 2. Section 3, Definition of Terms, Article I of Board Resolution No. 55-A, series of 2012, is hereby amended to delete Paragraph 10, the definition of Major Patron.

SECTION 3. Section 17, Qualifications of a Member of the Board/Assessor, Article V of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"Section 17. Qualifications of Members of the Board/Assessors. — To comply with the requirements of Section A-I/6 of the STCW Code, members of the Board/Assessors responsible for the assessment of competence of marine deck officers, in qualifying for certification under the STCW Convention, shall meet the following:

(a) have an appropriate level of knowledge and understanding of the competence to be assessed;

(b) be qualified in the task for which the assessment is being made;

(c) have received appropriate guidance in assessment methods and practice;

(d) have gained practical assessment experience; and

(e) if conducting assessment involving the use of simulators, have gained practical assessment experience on the particular type of simulator under the supervision and to the satisfaction of an experienced assessor."

SECTION 4. Section 20, Practical Assessment, Article V of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"Section 20. Practical Assessment. — In order to register as a marine engineer officer, an examinee who passed the theoretical phase of the licensure examination, must also pass the Practical Assessment to be administered by the Board of Marine Deck Officers under the supervision of the Commission in a MARINA accredited training institution recognized by the Board.

The practical assessment shall be based in accordance with the competencies required under the appropriate level in Section A of the STCW Code.

The performance standards and other provisions set forth in Section A-I/12 and such other requirements as are prescribed in part A of the STCW Code for any Certificate concerned shall be complied with in respect of any assessment of competency required by part A of the STCW Code which is carried out by means of a simulator, and any demonstration, by means of a simulator, of continued proficiency required by part A of the STCW Code."

SECTION 5. Section 29, Qualification Requirements, Article VI of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"Section 29. Qualification Requirements. — In addition to Section 28, applicants for the licensure examination shall comply with the following qualification requirements:

1. MASTER MARINER (500 GT OR MORE)

a. a holder of a Certificate of Registration and Professional Identification Card as Chief Mate;

b. has approved seagoing service as Chief Mate for at least twelve (12) months; or at least thirty six (36) months in the operational level; or at least thirty six (36) months in both the operational and management level, on board ship of 500 GT or more; and

c. has completed approved education and training or the Revised Management Level Course under the 2010 Manila Amendments, and meet the standard of competence specified in Section A-II/2 of the STCW Code.

2. CHIEF MATE (500 GT OR MORE)

a. a holder of Certificate of Registration and Professional Identification Card as Officer-in-Charge of a Navigational Watch; CaESTA

b. has approved seagoing service as Officer-in-Charge of a Navigational Watch on board ship of 500 GT or more for at least twelve (12) months; and

c. has completed the approved education and training or the Revised Management Level Course under the 2010 Manila Amendments, and meet the standard of competence specified in Section A-II/2 of the STCW Code.

3. OFFICER-IN-CHARGE OF A NAVIGATIONAL WATCH (500 GT OR MORE)

a. a graduate of Bachelor of Science in Marine Transportation in a school, academy, institute, college or university recognized by the Commission on Higher Education (CHED);

b. has approved seagoing service of not less than twelve (12) months on board ship of 500 GT or more, as part of an approved training program which includes on board training and has demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-II/1 of the STCW Code documented in an approved training record book;

c. An applicant who has completed at least twelve (12) months seagoing service on board ship of 500 GT or more without an approved training program or an on board training shall be allowed to take the licensure examination. However, should the applicant pass the said licensure examination, he shall not be issued the STCW Certificates until he completes the thirty six (36) months approved seagoing service without an approved training program but has performed, during the required seagoing service, bridge watchkeeping duties under the supervision of the master or a qualified officer for a period of not less than six months; or has an approved seagoing service of not less than twelve (12) months on board ship of 500 GT or more, as part of an approved training program which includes on board training and has demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-II/1 of the STCW Code documented in an approved training record book;

d. has performed, during the required seagoing service, bridge watchkeeping duties under the supervision of the master or a qualified officer for a period of not less than six months;

e. met the applicable requirements of the Regulations in chapter IV, as appropriate, for performing designated radio duties in accordance with the Radio Regulations; and

f. met the standard of competence specified in Section A-VI/1, paragraph 2, Section A-VI/2, paragraphs 1 to 4, Section A-VI/3, paragraphs 1 to 4 and Section A-VI/4, paragraphs 1 to 3 of the STCW Code."

SECTION 6. Section 30, the Approved Education and Training for Management Level Officers, Article VI of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"Section 30. The Approved Education and Training for Management Level Officers:

1. All Master Mariners and Chief Mates must complete the Revised Management Level Course under the 2010 Manila Amendments.

2. An Officer in Charge of a Navigational Watch who will take the Chief Mate Licensure Examination must complete the Revised Management Level Course under the 2010 Manila Amendments.

3. An Officer-in-Charge of a Navigational Watch and a Chief Mate who will act as Master on ships of less than 500GT engaged on near coastal voyages under Regulation II/3 of the STCW Convention; and a Chief Mate who will act as Master on ships between 500GT and 3,000GT engaged on near coastal voyages, must complete the Revised Management Level Course under the 2010 Manila Amendments."

SECTION 7. Section 34, STCW Certificates issued to a Marine Deck Officer, Article VI of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"Section 34. STCW Certificates issued to a Marine Deck Officer. — A Marine Deck Officer shall be issued the appropriate Certificate of Competency and Endorsement Certificate upon complying with the qualification requirements, as follows: 

1. MASTER MARINER (3,000 GT OR MORE)

1. holder of a Certificate of Registration and Professional Identification Card as Master Mariner; and

2. has an approved seagoing service as Chief Mate for at least twelve (12) months and seagoing service as Officer-in-Charge of a Navigational Watch for at least twelve (12) months on board ship of 3,000 GT or more. IDaEHS

2. CHIEF MATE (3,000 GT OR MORE)

1. holder of a Certificate of Registration and Professional Identification Card as Chief Mate; and

2. has an approved seagoing service as Officer-in-Charge of a Navigational Watch for at least twelve (12) months on board ship of 3,000 GT or more.

3. MASTER MARINER (BETWEEN 500 GT AND 3,000 GT)

1. holder of a Certificate of Registration and Professional Identification Card as Master Mariner; and

2. has an approved seagoing service as Chief Mate for at least twelve (12) months on board ship of 500GT or more.

4. CHIEF MATE (BETWEEN 500 GT AND 3,000 GT)

1. holder of a Certificate of Registration and Professional Identification Card as Chief Mate; and

2. has an approved seagoing service as Officer-in-Charge of a Navigational Watch for at least twelve (12) months on board ship of 500GT or more.

5. OFFICER-IN-CHARGE OF A NAVIGATIONAL WATCH (500 GT OR MORE)

1. holder of a Certificate of Registration and Professional Identification Card as Officer-in-Charge of a Navigational Watch; and

2. has an approved seagoing service for at least twelve (12) months on board ship of 500 GT or more, as part of an approved education and training program, which includes on board training and has demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-II/1 of the STCW Code documented in an approved training record book, or otherwise has an approved seagoing service for at least thirty six (36) months approved seagoing service, with at least six (6) months of bridge watchkeeping duties under the supervision of a Master or qualified officer.

6. MASTER (BETWEEN 500 GT AND 3,000 GT) with limitation as "valid only on ship engaged on near coastal voyages".

1. holder of a Certificate of Registration and Professional Identification Card as Chief Mate; and

2. has an approved sea service as Chief Mate for at least twelve (12) months on board ship of 500GT or more, engaged or not engaged on near coastal voyages.

7. MASTER (LESS THAN 500 GT) with limitation as "valid only on ship engaged on near coastal voyages".

1. holder of a Certificate of Registration and Professional Identification Card as Chief Mate or Officer-in-Charge of a Navigational Watch;

2. has an approved sea service engaged on near, or non-near, coastal voyages for at least twelve (12) months; and

3. has completed the approved education and training or the Revised Management Level Course under the 2010 Manila Amendments, and met the standard of competence specified in Section A-II/3 of the STCW Code."

SECTION 8. Section 36, Upgrading of STCW Certificates, Article VI of Board Resolution No. 55-A, series of 2012, is hereby amended to read as follows:

"Section 36. Upgrading of STCW Certificates. — The STCW Certificates with limitation/s, may be upgraded as follows:

1. CHIEF MATE who is issued STCW Certificates for ships of between 500 and 3,000GT shall be upgraded to ships of 3,000GT or more, after completion of an approved seagoing service as Officer-in-Charge of a Navigational Watch for at least twelve (12) months on board ship of 3,000 GT or more."

SECTION 9. Effectivity. — This Resolution supersedes any previous issuance to the contrary and shall be effective (15) days after its complete publication in a newspaper of general circulation or in the Official Gazette, whichever is earlier.

Let three (3) certified true copies of this Resolution be furnished the U.P. Law Center.

DONE in the City of Manila, Philippines, this 18th day of October 2013. EScaIT

 

(SGD.) JAIME D. AQUINOChairman

 

(SGD.) IRENEO U. DELOS SANTOSMember

 

(SGD.) ROMEO C. ABUYUANMember

 

(SGD.) MARSOLITO A. CRUZMember

ATTESTED BY:

 

(SGD.) ATTY. ARISTOGERSON T. GESMUNDOAssistant Commissioner

APPROVED BY:

 

(SGD.) TERESITA R. MANZALAChairperson

 

(SGD.) JENNIFER JARDIN-MANALILICommissioner

 

VACANTCommissioner

Published in the Official Gazette, Vol. 110, No. 8, page 1101 on February 24, 2014.