Amendment to Sec. 827 of Tariff and Customs Code Re: Investigation and Suspension/Revocation of Marine Certificate

June 13, 1958

REPUBLIC ACT NO. 2065

AN ACT AMENDING SECTION EIGHT HUNDRED TWENTY-SEVEN OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES

SECTION 1. Section eight hundred twenty-seven of the Tariff and Customs Code of the Philippines is hereby amended to read as follows:

"Sec. 827. Marine Investigation and Suspension or Revocation of Marine Certificate.— There shall be maintained in the Bureau of Customs at Manila a Board of Marine Inquiry to consist of five members, to wit: the Port Operations Officer as chairman ex-officio,two master marines and two chief engineers of the Philippine merchant marine, who shall be appointed by the department head. The members of the board shall receive a per diem of twenty pesos for each day of not less than seven hours of service rendered in connection with marine investigations. Three members present shall constitute a quorum for the transaction of business. In case of inability or absence of the Port Operations Officer, a temporary chairman may be chosen by the members from among themselves. such board shall have the power to investigate marine accidents and professional conduct of marine officers, giving the party affected an opportunity to be heard in his defense. The decision of the Commissioner based reprimanding a licensed marine officer or suspending or revoking any marine certificate on account of professional misconduct, intemperate habits, negligence or incapacity shall be final, unless, within thirty days after its promulgation, an appeal is perfected and filed with the department head who may confirm, revoke or modify said decision. cdt

"Rules and regulations governing the procedure of marine investigations shall be promulgated by the department head.

"The Commissioner may, with the approval of the department head, authorize the collectors to appoint boards for the purpose of investigating marine accidents or charges preferred against the marine officers in their respective districts. The proceedings of such investigations, together with findings and recommendations of said board shall be submitted, through the Commissioner, to the Board of Marine Inquiry, Manila, for final review and recommendation.

"In order to safeguard lives and properties at sea, a Collector may withhold clearance of any Philippine vessel whenever he has reasonable cause to fear that the mental condition or capacity, whether permanent or otherwise, of her master, mate or engineer under investigation, pending the final decision thereon so warrants."

SECTION 2. This Act shall take effect upon its approval.

Approved: June 13, 1958

Published in the Official Gazette, Vol. 54, No. 15, p. 4445 on July 21, 1958