Amendments to Section 3 (11, 12 and 18), ARTICLE I, SECTIONS 16, 18, 19 and 21, Article V, Section 28, Article VI and Sections 29 and 32, Article VII, of Board of Marine Deck Officers Resolution No. 02-04, Series of 2002 Re: (Re: Revised Rules and Regulations Implementing Republic Act No. 8544, the "Philippine Merchant Marine Officers Act of 1998")

February 24, 2003

PROFESSIONAL REGULATORY BOARD FOR MARINE DECK OFFICERS RESOLUTION NO. 011-03

AMENDMENTS TO SECTION 3 (11, 12 AND 18), ARTICLE I, SECTIONS 16, 18, 19 AND 21, ARTICLE V, SECTION 28, ARTICLE VI AND SECTIONS 29 AND 32, ARTICLE VII, OF BOARD OF MARINE DECK OFFICERS RESOLUTION NO. 02-04, SERIES OF 2002 RE: (RE: REVISED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8544, THE "PHILIPPINE MERCHANT MARINE OFFICERS ACT OF 1998")

WHEREAS, after a careful perusal of Section 3 (11, 12 and 18), Article I, Sections 16, 18, 19 and 21, Article V, Section 28, Article VI and Sections 29 and 32, Article VII, of Board Resolution No. 02-04, series of 2002, the Board deemed it necessary to amend said sections to clarify some provisions and to conform with the recent developments arising from their implementation.

WHEREFORE, the Board resolved to amend Section 3 (11, 12 and 18), Article I, Sections 16, 18, 19 and 21, Article V, Section 28, Article VI and Sections 29 and 32, Article VII, of Board Resolution No. 02-04, series of 2002, as follows:

SECTION 1. Section 3 (11, 12 and 18), Article I, of Board Resolution No. 02-04, series of 2002, is hereby amended to read as follows:

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"11. CERTIFICATE OF REGISTRATION/PROFESSIONAL LICENSE — shall refer to the document issued to a Marine Deck Officer after passing the required licensure examination, and upon compliance with all the requirements prescribed by the Board and the Commission.

"12 CERTIFICATE OF COMPETENCY/ENDORSEMENT — a document issued by the Board to a Marine Deck Officer certifying that the Marine Deck Officer has been found duly qualified and competent to perform the functions of the level of responsibility involved on board the ship for which such officer has been examined and assessed and which shall attest to the authority of the marine deck officer to practice the merchant marine profession in the capacity specified therein.

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"18 APPROVED SEAGOING SERVICE — duly documented seagoing service appropriate to the size and type of ship towards the intended certification (gross tonnage), engaged in any activity on voyages of any destination or length. SEIDAC

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SECTION 2. Sections 16, 18, 19 and 21, Article V, of Board Resolution No. 02-04, series of 2002, are hereby amended to read as follows:

"Section 16. Examination and Assessment. — All applicants for registration, certification and admission to the practice of the marine deck officers profession shall be required to pass the written examination, or when appropriate, both the written examination and practical assessment. aCcSDT

An examinee should pass the written examination in order to qualify him to take the practical assessment.

When conditions and circumstances so warrant, the Board may give/administer, subject to the approval of the Commission, walk-in examinations, which shall be covered under a program of examination."

"Section 18. Scope of Licensure Examinations. — The scope of the licensure examination which shall cover the major functions of both the Management and Operational levels of responsibility, are as follows:

1. WRITTEN EXAMINATION

(1) Navigation

(2) Cargo handling and stowage

(3) Controlling the operation of the ship and Care for persons on board

(4) Radiocommunications

2. PRACTICAL ASSESSMENT

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

A successful examine in the written examination who is required to take the practical assessment may opt to submit a Certificate of Training and a Certificate of Assessment in Ship Simulator and Bridge Teamwork (SSBT) Course from a training center accredited by the Maritime Training Council and recognized by the Board of Marine Deck Officers. Successful examinees in the written examination licensure examination for the management level who have already taken the SSBT course shall only be required to submit a Certificate of Assessment corresponding for the management level. The examinee may undergo the aforesaid training and assessment prior to the licensure examination. The training center shall file its Letter of Intent for recognition to the Board. The Board shall issue the corresponding guidelines which shall govern the recognition of training centers. Only AFTER RECOGNITION of a training center by the Board shall its certificates of training and assessment be accepted and recognized in lieu of the practical assessment. SEIDAC

The practical assessment shall be administered to the following:

1. Successful examinees in the written examination of the Officer in Charge of a Navigational Watch licensure examination who have commenced approved education and training PRIOR to August 1, 1998 or under the old maritime curriculum of the Commission on Higher Education (CHED). They are graduates of school year 2000-2001 and before; and school year 2001-2002 and after, but have commenced approved education and training PRIOR to August 1, 1998.

Successful examinees in the written examination of the Officer in Charge of a Navigational Watch licensure examination who have commenced approved education and training AFTER August 1, 1998 or under the REVISED maritime curriculum of the Commission on Higher Education (CHED) in compliance with the revised STCW Convention, which includes the approved program of on-board training as required under Regulation II/1 are EXEMPTED from taking the practical assessment. They are graduates of school year 2001-2002 and after, and have commenced approved education and training AFTER August 1, 1998. CEASaT

2. Successful examinees in the written examination of the Chief Mate licensure examination.

3. Successful examinees in the written examination of the Master Mariner licensure examination, EXCEPT those who have already taken and passed the practical assessment for Chief Mate."

"Section 19. Formulation of Syllabus. — The Board shall formulate and adopt a syllabus for each of the subjects for the licensure examination covering the major functions in both the management and operational levels of responsibility. Test questions that will be prepared shall be strictly within the scope of the syllabus of the subject.

"Section 21. Required Rating to Pass the Licensure Examinations. —

(a) To pass the written examination, an examinee must obtain a weighted general average rating of at least seventy percent (70%), with no grade lower than sixty percent (60%) in any given subject;

(b) To pass the practical assessment, an examinee must obtain a grade of at least seventy percent (70%);

(c) To pass the licensure examination for marine deck officers, where practical assessment is required, in addition to the written examination, an examinee must obtain a general average rating of at least seventy percent (70%) in both the written examination and practical assessment; and

(d) The final grade of the examinee who is not required to undergo the practical assessment shall be his weighted general average rating in the written examination. On the other hand, the final grade of the examinee who is required to undergo the practical assessment, shall be his weighted general average rating in the written examination and a grade of "PASS" in the practical assessment."

SECTION 3. Sec. 28, Article VI, of Board Resolution No. 02-04, series of 2002, is hereby amended to read as follows:

"1. MASTER MARINER (500 GT OR MORE)

a. Must be a holder of a Certificate of Registration/Professional License as Chief Mate. SEIDAC

b. Must have an approved sea service as Chief Mate for at least twelve (12) months; or at least thirty six (36) months in the operational level, provided that at least twelve (12) months of the seagoing service must be after having been registered/certificated as Chief Mate; or at least thirty-six (36) months in both the operational and management level, on board seagoing ship of 500 GT or more.

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"2. CHIEF MATE (500 GT OR MORE)

a. Must be a holder of a Certificate of Registration/Professional License Second Mate, Third Mate, or Officer in Charge of a Navigational Watch.

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

a. Must be 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. Must have completed an approved sea service for at least twelve (12) months on board seagoing ship of 500 GT or more, as part of an approved education and training program, which includes on board training in accordance with the requirements and standards of competence in section A-II/1 of the STCW Code, documented in an approved training record book. SEIDAC

c. Must have 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 (6) months.

An applicant to the marine deck officers licensure examinations who has at least twelve (12) months seagoing service on board ship of less than 500 gross tonnage shall be allowed to take the licensure examination. However, should he pass the licensure examination, his Certificate of Competency and Endorsement Certificate shall be qualified under Regulation II/3 of the revised STCW Contention."

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SECTION 4. Sections 29 and 32, Article VII, of Board Resolution No. 02-04, series of 2002, are hereby amended to read as follows:

ARTICLE VII

Certificates

"Section 29. Registration of Successful Examinees; Issuance of Certificates of Registration, Competency and Endorsement. — An examinee who passed the licensure examination shall, unless specifically deferred for cause by the Board, be registered after taking the oath of a professional before a member of the Board or any official authorized to administer oath, and payment of the prescribed fees. Upon compliance with the other requirements for registration prescribed by the Board and the Commission, the name of the professional shall be entered/enrolled in the Roll of Marine Deck Officers. CETDHA

The following certificates shall be issued to a Marine Deck Officer:

1. Certificate of Registration/Professional License which shall bear the signatures of the Chairman and members of the Board, and the Chairperson of the Commission with the official seal of the Board and the Commission. The Certificate of Registration shall be in the Filipino language with English translation.

2. Certificate of Competency/Endorsement bearing his registration/certificate number signed by the Chairman with the official seal of the Board. In the absence of the Chairman, the Certificate of Competency shall be signed in the following order: (1) The Vice-Chairman; and (2) The senior member of the Board.

Applicant must have met the applicable requirements and standards of competence in section A of the STCW Code and, as appropriate, for performing designated radio duties in accordance with the Radio Regulations. SEIDAC

The following category of STCW '95 Certificates shall be applied after passing the Marine Deck Officers licensure examinations and complying with the qualification requirements for the appropriate level:

1. MASTER MARINER on ship of 3,000 gross tonnage or more (Regulation II/2, paragraph 1)

a) with sea service as Chief Mate for at least three (3) months on board seagoing ship of 3,000 gross tonnage or more; or

b) with sea service for at least six (6) months in the operational level on board seagoing ship of 3,000 gross tonnage or more; or

c) with sea service for at least six (6) month in both the operational and management level on board seagoing ship of 3,000 gross tonnage or more.

2. CHIEF MATE on ship of 3,000 gross tonnage or more (Regulation II/2, paragraph 1) with sea service in the operational level for at least three (3) months on board seagoing ship of 3,000 gross tonnage or more.

3. MASTER MARINER on ship between 500 and 3,000 gross tonnage (Regulation II/2, paragraph 3).

a) with sea service as Chief Mate for at least twelve (12) months on board seagoing ship of between 500 and 3,000 gross tonnage; or

b) with sea service for at least thirty-six (36) months in the operational level on board seagoing ship of between 500 and 3,000 gross tonnage; or

c) with sea service for at least thirty-six (36) months in both the operational and management level on board seagoing ship of between 500 and 3,000 gross tonnage.

4. CHIEF MATE on ship of between 500 and 3,000 gross tonnage (Regulation II/2, paragraph 3) with sea service in the operational level for at least twelve (12) months on board seagoing ship of between 500 and 3,000 gross tonnage.

5. OFFICER IN CHARGE OF A NAVIGATIONAL WATCH with sea service for at least twelve (12) months on board seagoing ship of 500 gross tonnage or more. (Regulation II/1)

6. MARINE DECK OFFICER IN THE OPERATIONAL LEVEL (Regulation II/1) AND MANAGEMENT LEVEL (Regulation II/2) with seagoing service on board ship of less than 500 gross tonnage, with limitation as "valid only on ship of less than 500 gross tonnage".

7. OFFICER IN CHARGE OF A NAVIGATIONAL WATCH or CHIEF MATE as MASTER on ship of less than 500 gross tonnage engaged on near coastal voyages (Regulation II/3), with limitation as "valid only on ship of less than 500 gross tonnage engaged on near coastal voyages". SEIDAC

The Certificate of Competency may contain limitation/s on the type of ship, gross tonnage, trading area and such other limitation/s which a member of the Board/Qualified Assessor may impose after an assessment.

3. Endorsement Certificate bearing his registration/certificate number indicating therein the date of issuance and date of expiration signed by the Chairperson with the official seal of the Commission. In the absence of the Chairperson, the Endorsement Certificate shall be signed in the following order: (1) The Senior member of the Commission (2) The junior member of the Commission (3) The Assistant Commissioner responsible in the implementation of the 1978 STCW Convention, as amended.

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"Section 32. Reinstatement of Certificate of Competency. — After one (1) year from the finality of the Decision revoking his Certificate of Registration/Professional License, or prior to the lapse of one (1) year, when the cause/basis of the revocation of the Certificate/License no longer exist, or has been legally rectified, a marine deck officer may file a petition for the reinstatement of said Certificate and the Board may, for good and just cause shown and during the period the marine deck officer has acted in an exemplary manner and has not committed any illegal, immoral or dishonorable conduct, grant the petition and enter an Order reinstating the Certificate of Registration/Professional License. DTEHIA

A replacement of the Certificate of Registration, Certificate of Competency and Endorsement Certificate in lieu of the lost, destroyed, or mutilated certificate may be issued upon application and payment of the prescribed fees."

SECTION 5. Transitory Provisions. — Conditioned examinees in the written examination shall still take the subject/s in which they were conditioned within a period of two (2) years from the last examination taken. Those who failed in the practical assessment may opt to submit a Certificate of Training and a Certificate of Assessment in Ship Simulator and Bridge Teamwork (SSBT) Course from a training center accredited by the Maritime Training Council and recognized by the Board of Marine Deck Officers corresponding to the level they have taken. Certificates of training in SSBT Course obtained PRIOR to the effectivity of this Resolution may be accepted, provided that examinees shall submit the Certificate of Assessment from a training center AFTER it has been RECOGNIZED by the Board.

SECTION 6. Effectivity. — The amendments shall take effect after fifteen (15) days following the completion of its publication in a newspaper of general circulation or in the Official Gazette, whichever is earlier.

DONE in the City of Manila, this 24th day of February, 2003.

(SGD.) ERNESTO C. BONDOCChairmanProfessional Regulation Commission

(SGD.) AURELIO R. PICARDALMemberProfessional Regulation Commission

 

(SGD.) CONSTANTINO L. ARCELLANA, JR.MemberProfessional Regulation Commission

 

(SGD.) RODOLFO F. RAZMemberProfessional Regulation Commission

 

(SGD.) JAIME C. AQUINOMemberProfessional Regulation Commission

ATTESTED:

(SGD.) ATTY. ARISTOGERSON T. GESMUNDOAssistant CommissionerProfessional Regulation Commission

APPROVED:

(SGD.) ANTONIETA FORTUNA-IBEChairpersonProfessional Regulation Commission

 

(SGD.) ALFONSO G. ABADCommissionerProfessional Regulation Commission

(SGD.) AVELINA DELA REA-TANCommissionerProfessional Regulation Commission