Revised Rules and Regulations Implementing Republic Act No. 8544 "The Philippine Merchant Marine Officers Act of 1998"

February 1, 2002

PROFESSIONAL REGULATORY BOARD OF MARINE DECK OFFICERS RESOLUTION NO. 004-02

REVISED RULES AND REGULATIONS IMPLEMENTING REPUBLIC ACT NO. 8544 "THE PHILIPPINE MERCHANT MARINE OFFICERS ACT OF 1998"

WHEREAS, the Board deemed it necessary to revise Board Resolution No. 21, series of 1999, the Implementing Rules and Regulations of R.A. No. 8544, to institute additional and practicable guidelines in view of the full implementation of the 1978 STCW Convention, as amended, on February 1, 2002.

WHEREFORE, the Board resolved, as it hereby resolves, to revise Board Resolution No 21, series of 1999, as follows:

ARTICLE I

Title, Purpose and Definition of Terms

SECTION 1. Title. — This Resolution shall be known and cited as the "Rules and Regulations Implementing the Philippine Merchant Marine Officers Act of 1998."

SECTION 2. Purpose. — These Rules and Regulations are formulated and adopted to prescribe the standards and procedures to be observed in carrying out the provisions of R.A. No. 8544 insofar as the merchant marine deck officers are concerned, in order to ensure the accomplishment of the following objectives:

a. The examination, assessment, registration; issuance of Certificate of Registration, Certificate of Competency, Endorsement Certificate; and the recognition of a certificate issued to a foreign Marine Deck Officers.

b. The supervision, control and regulation of the practice of merchant marine deck profession in the Philippines: Provided, That the above objectives shall be attained through compliance with STCW '78 Convention, as amended.

SECTION 3. Definition of Terms.— Unless otherwise provided, the following shall mean:

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

2. BOARD — shall mean the Professional Regulatory Board of Marine Deck Officers.

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

4. STCW CODE — means the Seafarer's Training, Certification and Watchkeeping Code.

5. MARINE DECK OFFICER — shall refer to a duly registered and licensed master mariner, chief mate and officer-in-charge of navigational watch.

6. MASTER — is a duly registered and licensed Master Mariner having command of a ship/vessel.

7. CHIEF MATE — is a duly registered and licensed marine deck officer next-in-rank to the Master who shall exercise 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.

8. OFFICER IN CHARGE OF A NAVIGATIONAL WATCH — is a duly registered and licensed marine deck officer next-in-rank to the Chief Mate, designated as in charge of a navigational watch, and performs such other duties and functions as the Master may direct.

9. MANAGEMENT LEVEL — refers to the level of responsibility associated with serving as master or chief mate, on board a seagoing ship; and ensuring that all functions within the designated area of responsibility are properly performed.

10. OPERATIONAL LEVEL — refers to the level of responsibility associated with serving as officer-in charge of a navigational watch; and maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedure and under the direction and supervision of a marine deck officer serving in management level for that area of responsibility.

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

12. CERTIFICATE OF COMPETENCY — a document issued by the Board to 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.

13. ENDORSEMENT CERTIFICATE — refers to the document issued by the Commission attesting the issue of Certificate of Competency to a Marine Deck Officer or attesting the recognition of a Certificate issued by other flag states in compliance with the standards of the STCW Convention.

14. STCW '78 CERTIFICATE — means a certificate recognized under the transitional provisions of Article VII, paragraph (2), or regarded as the equivalent of a certificate issued under the Convention by virtue of paragraph (3) of that same article, or issued in accordance with the provisions of the Convention in force prior to 1 February 1997, or issued on or after that date in accordance with the transitional provisions of Regulation 1/15.

15. STCW '95 CERTIFICATE — means a certificate issued on or after 1 February 1997 in accordance with all applicable requirements of the Convention and the STCW Code, or a STCW '78 certificate duly endorsed after 1 February 1997 in accordance with Regulation I/11.

16. APPROVED — means compliance with all relevant requirements of the regulations, the annex to the Convention, and all mandatory provisions contained in Part A of the STCW Code. Any relevant guidance in Part B is also taken into account to the greater degree possible (regulation I/1, paragraphs 1 and 2).

17. APPROVED EDUCATION AND TRAINING — means a structured education and training program, duly approved by the Commission on Higher Education or the Maritime Training Council, as appropriate, for certification in both the operational and management levels, to enable the candidates to meet the standards of competence of the STCW Code.

18. APPROVED SEAGOING SERVICE — duly documented seagoing service appropriate to the size an type of ship towards the intended certification (gross tonnage), engaged in any activity on voyages of any destination or length other than those voyages referred to in Article II (g) of the STCW Convention.

19. APPROVED TRAINING COURSE. — Means training course in compliance with the standards of the STCW Convention and approved by the Maritime Training Council.

20. APPROVED MANAGEMENT LEVEL COURSE — means a course relevant to the competency requirements of the convention and the Code for marine deck officers at the management level as approved by the Board.

21. APPROVED IN-SERVICE EXPERIENCE — means experience acquired by the marine deck officers during his seagoing period which involves a structured system of assessment on board ship and considered as one of the methods of demonstrating competence specified in the minimum standard of competence tables of the code as approved by the Board.

22. APPROVED TRAINING RECORD BOOK — means an official record book of training activities on board a merchant marine vessel which forms part of an approved training program of a candidate for certification as officer in charge of a navigational watch which includes a systematic on-board practical training and experience in the tasks, duties and responsibilities of an officer-in-charge of a navigational watch and is closely supervised and monitored by qualified officers on board ship.

23. MERCHANT MARINE SHIP — shall apply only to commercial ships, propelled by machinery, strictly engaged in maritime commerce, both seagoing and/or near-coastal trade; vessels engaged in the training of cadets for the merchant marine profession; and non-combatant vessels of the Philippine Government.

24. SEAGOING SHIP — means a ship other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.

25. LICENSURE EXAMINATION FOR MARINE DECK OFFICERS — refers to the written and, when appropriate, includes practical assessment given by the Board to measure the competence of an applicant for registration/certification as Marine Deck Officer on the functions at the level of responsibility for such officer, and which must be taken and passed by the applicants to be registered as marine deck officer.

26. SYLLABUS — means a table of specifications adopted by the Board and approved by the Commission containing the subjects for the written licensure examination systematically arranged according to topics and sub-topics.

27. WRITTEN EXAMINATION — means the theoretical aspect of the licensure examination which covers the major functions of either the management or operational levels as provided for in the syllabus adopted by the Board and approved by the Commission.

28. PRACTICAL ASSESSMENT — means the practical assessment phase of the licensure examination, as may be required by the Board and the Commission, which covers the standards or competence required to be demonstrated by the marine deck officer.

29. WALK-IN EXAMINATION — means an examination similar but separate from the regularly scheduled licensure examination given to marine deck officers at a place and date designated by the Board and approved by the Commission. The scope of the examination shall be as provided in the syllabi of the subjects in the marine deck officers examination adopted by the Board and approved by the Commission.

30. NEAR-COASTAL VOYAGE — shall refer to a voyage which covers a maximum distance of two hundred (200) nautical miles from the Philippine baseline or voyages which by agreement between the Philippines and another state is considered or treated as coastwise voyage.

31. INTEGRATION — means the unification or consolidation of the members of the different organizations of marine deck into one national organization for recognition by the Board of Marine Deck Officers and the Commission.

32. CODE OF PROFESSIONAL ETHICS FOR MARINE DECK OFFICERS — a set of rules and regulations governing the conduct and deportment of a marine deck officer.

33. RECOGNITION OF FOREIGN CERTIFICATES — shall refer to the authority or recognition issued by the Commission to a foreign Marine Deck Officer holding a Certificate of Competency issued by his national administration complying with the requirements of the 1978 STCW Convention, as amended, to serve on board a Philippine registered ship.

ARTICLE II

Official Seal of the Board

SECTION 4. Official Seal of the Board of Marine Deck Officers.— The seal of the Board of Marine Deck Officers shall be circular in form consisting of two concentric circles, the outer circle being 40 mm. in diameter and the inner circle being 20 mm. in diameter. On the upper half portion of the circular band shall be inscribed "Professional Regulation Commission",and the lower half portion shall be inscribed "Board of Marine Deck Officers".Both inscriptions shall be within the circumference of the band and separated by two (2) screws. At the center of the inner circle shall be engraved two (2) crossed anchors signifying the Marine Deck Officers' profession, with two (2) ropes entwined around both anchors signifying unity in the profession and the Philippine Flag being superimposed thereon signifying the Board's authority: Above the emblem is the lighthouse with five (5) rays representing the five (5) Board Members serving as guide to the profession: Below the emblem are two (2) crossed leaves signifying honor in the profession: The upper half of the inner circle is colored white at the top and light blue at the bottom signifying the integrity of the Board and the lower half, colored blue signifying the oceans and seas of the world.

ARTICLE III

Duties and Responsibilities of the Board

SECTION 5. Composition.— The Board of Marine Deck Officers shall be composed of a Chairman and four (4) members all of whom shall be appointed by the President of the Philippines from a list of three (3) recommendees for each position recommended by the Professional Regulation Commission, from a list of five (5) nominees for each position chosen and ranked by the integrated and accredited association of marine deck officers. The Board shall choose a Vice-Chairman from the two (2) senior members.

SECTION 6. Board, a Collegial Body. — The Chairman and members of the Board shall act as a collegial body in matters involving the exercise of its powers and functions as well as the implementation of its policies. Official action on such matters by the Board shall be effective only when approved by the Commission.

SECTION 7. Meetings.— The Board shall hold regular meetings at least twice a month within the Commission's premises or in such other places as may be agreed upon by the Board. Special meetings as often as may be necessary may be called by the Chairman or any three members.

The Chairman shall preside over the meetings of the Board. The Vice-Chairman shall act as Presiding Officer in the absence or incapacity of the Chairman.

ARTICLE IV

Duties and Responsibilities of the Board

SECTION 8. Duties and Functions of the Chairman of the Board.— The Chairman shall be the head of the Board, and as such, he shall assign the subjects for examination to the members of the Board. The Chairman shall assign the members to conduct investigation of administrative cases and to undertake/exercise the visitorial powers of the Board. He shall be responsible for the assignment of duties and responsibilities to the members and for the supervision and management of their work. The Chairman shall be the official spokesman of the Board in the Commission.

SECTION 9. Enforcement and Execution. — The Board shall, in the exercise of its powers and performance of its functions and responsibilities under R.A. No. 8544, seek the support, assistance and advice of the Commission and, whenever appropriate, the assistance of the duly constituted law enforcement officers to enforce the penal provisions of the Act.

SECTION 10. Promulgation of Decisions. — To promulgate a decision in an administrative case, or issue rules and regulations, resolutions embodying policies, and other issuance for the implementation of the provisions of R.A. No. 8544, the members of the Board shall meet en banc to deliberate and vote on the matters under consideration. Both a quorum and a majority vote shall be required for the validity of the actions of the Board on the foregoing matters. A quorum shall require the presence of three (3) members and a majority vote shall require the votes of three members of the Board. Any action of the Board in an administrative case which is not dispositive in nature may be entered by the Chairman or any member duly authorized by him.

Any official action of the Board other than a decision in an administrative case, shall be valid, effective and enforceable only when approved by the Commission, and published in a newspaper of general circulation or in the Official Gazette. However, publication shall not be required of the actions of the Board which do not affect the public in general or which are internal in nature.

SECTION 11. Official Business with the Commission.— For any dealing, transaction or business with the Commission, the Chairman of the Board or in his absence or incapacity, the Vice-Chairman or senior member shall be the spokesperson or representative of the Board.

SECTION 12. Action on Papers, Communications or Other Documents.— No official communication, certificate, resolution or decision, or other documents shall be brought outside the premises of the Commission for action without the written permission from the Chairperson of the Commission.

SECTION 13. Interpretation of the Provisions of R.A. No. 8544 and the Board's Rules and Regulations. — The Board, in the discharge of its rule-making power, may issue opinion or ruling on any question or issue arising from the provisions of R.A. No. 8544 and the Board's Rules and Regulations, Code of Ethics for Marine Deck Officers and resolutions embodying policies of the Board. The Board's official opinion or ruling shall be issued by the Chairman of the Board or, in his absence or incapacity by the Vice-Chairman.

SECTION 14. Action on Other Matters.— Communications or requests which involve the exercise of ministerial functions shall be acted upon by the Chairman or any member designated by him.

ARTICLE V

Application, Examination and Assessment

SECTION 15. Application.— The applicant for the written examination shall file in a duly accomplished computerized application form in the Application Section of the Marine Deck Officers Division (MDOD) of the PRC or in any of the PRC regional offices accompanied by authentic or authenticated copies of the required documents.

A Filipino citizen who graduated from a foreign maritime institution or academy shall be required to present an endorsement from the Commission on Higher Education in order that he will be allowed to take the marine deck officers licensure examination.

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.

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 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, as required under the Convention shall meet the following:

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

(b) qualified in the task for which 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 simulator, have gained practical assessment experience in the particular type of simulator under the supervision of, and satisfaction of an experienced assessor.

SECTION 18. Formulation of Syllabus.— The Board shall formulate and adopt a syllabus for each of the subjects for the licensure examination. Test questions that will be prepared shall be strictly within the scope of the syllabus of the subject. The syllabi of the subjects shall be based on the operational and management level functions.

SECTION 19. Scope of Licensure Examinations. — The scope of examination shall consist of the following subjects which shall cover the major functions of both levels of responsibility:

1. WRITTEN EXAMINATION

A.. Management Level

(1) Navigation and Voyage Planning

(2) Management and Maritime Laws

(3) Collision Regulations

(4) General Ship Knowledge and Cargo Operations

(5) Safety, Maintenance and Emergency Procedures

B. Operational Level

(1) Ocean and Offshore Navigation

(2) General Ship Knowledge and Cargo Operations

(3) Watchkeeping and Safe Operations

(4) Collision Regulations and Maritime Laws

(5) Safety and Emergency Procedures

2. PRACTICAL ASSESSMENT

The practical assessment shall be administered to a successful examinee in the Chief Mate written examination. The practical assessment shall likewise be administered to a successful examinee in the Officer in Charge of a Navigational Watch written examination who have commenced approved education and training prior to August 1, 1998, or graduates of the old Bachelor of Science in Marine Transportation (BSMT) curriculum with approved sea service on board seagoing ship/s for less than three (3) years.

A successful examinee in the written examination for the Officers in Charge of a Navigational Watch who presented the required training record book, or has completed an approved seagoing service as apprentice mate/deck cadet, ordinary seaman or able-bodied seaman for at least three (3) years at the time of application, shall no longer undergo the 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.

SECTION 20. Full Computerization of Written Examination.— The written examination for Marine Deck Officers shall be fully computerized. A new member of the Board shall prepare at least five hundred (500) questions for each of the subjects assigned to him. These questions shall be imputed in the Test Questions Data Bank from which the questions to be given in a particular licensure examination shall be extracted at random. The Test Questions Data Bank for a particular subject shall be replenished by three hundred (300) questions within sixty (60) days from the release of the results of the examination. The replenishment shall be equal to the number of questions extracted after the Test Questions Data Bank levels of at least two thousand (2,000) questions have been attained. The correction of the answer sheets of the examinees shall be done by the computers.

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 computed on the basis of the weighted general average rating in the written examination and the grade in the practical assessment with the following equivalents:

70% for the Written Examination; and

30% for the Practical Assessment.

SECTION 22. Removal Examination. — An examinee in the written examination who obtained a weighted general average rating of at least seventy percent (70%) but obtained a grade lower than sixty percent (60%) in any given subject, shall be considered Conditioned and must take the written examination in the subject/s where he obtained a grade lower than sixty percent (60%) within a period of two (2) years from the last examination taken. The examinee shall be deemed to have failed in the examination should he fail to take the examination in the subject/s where he obtained a grade lower than (60%) within a period of two (2) years from the last examination taken; Provided, that if such examinee fails to obtain a grade of at least sixty percent (60%) in the subject/s re-examined, he shall be considered to have failed in both examinations which shall however be deemed as one failure for purposes of the immediately succeeding section.

SECTION 23. Re-Examination.— An examinee who failed in the written examination for the third time shall be allowed to take another examination only after the lapse of one year from the last written examination taken.

SECTION 24. Places and Dates of Examination.— The Marine Deck Officers Licensure Examination shall be held at least three (3) times a year in the City of Manila and in such other places as determined by the Board and approved by the Commission. The venues and dates of examinations for the year shall be included in the Schedule of Professional Licensure Examinations issued by the Commission.

SECTION 25. Program of Written Examination. — The Board shall prepare and issue not later than twenty (20) days prior to the first day of the written examination a program for every scheduled examination which shall contain the subjects with their corresponding percentage weights, the time, date and place of examination. The program shall include instructions to the examinees and the names and signatures of the Chairman and the members of the Board.

SECTION 26. Publication of the Written Examination and Practical Assessment. — The time, dates and venues of the written examinations as determined by the Board and approved by the Commission, shall be published in a newspaper of general circulation and disseminated through schools, colleges and universities offering maritime courses and through the accredited/integrated marine deck officers association at least two (2) months prior to the first day of examination.

The schedule and venue of the practical assessment shall be published by the Commission within a week after the release of the results of the written examination.

ARTICLE VI

Requirements for Marine Deck Officers Licensure Examinations

SECTION 27. Common Qualifications of Applicants for Licensure Examinations. — Every applicant for written examination and practical assessment shall establish the following requisites:

(a) A citizen of the Philippines, at least twenty (20) years of age.

(b) Must be of good moral character.

(c) Has met the standards in medical fitness for seafarers as prescribed by the Department of Health.

(d) Has completed an approved seagoing service.

(e) Has completed the approved education and training in accordance with the standards of competence specified in the appropriate section of the STCW Code.

SECTION 28. The qualification requirements for the marine deck officers licensure examinations, are as follows:

1. MASTER MARINER (500 GT OR MORE)

a. Must be a holder of a Certificate of Competency as Chief Mate.

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; or at least thirty six (36) months in both the operational and management level, on board seagoing ship of 500 GT or more.

c. Must have completed the approved education and training in accordance with the standards of competence specified in section A-II/2 of the STCW Code.

2. CHIEF MATE (500 GT OR MORE)

a. Must be a holder of Certificate of Competency as Second Mate, Third Mate, or Officer in Charge of a Navigational Watch.

b. Must have an approved sea service as officer in Charge of a Navigational Watch on Board seagoing ship of 500 GT or more for at least twelve (12) months.

c. Must have completed the approved education and training in accordance with the standards of competence specified in section A-II/2 of the STCW Code.

A holder of Certificate of Competency as Third Mate must have an approved sea service on board seagoing ship of 500 GT or more for at least twenty four (24) months, and have completed the approved education and training in accordance with the standards 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. 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);or approved education and training which commenced prior to August 1, 1998, or the old Bachelor of Science in Marine Transportation (BSMT).

b. Must have completed an approved sea service as apprentice mate/deck cadet, ordinary seaman or able-bodied seaman 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.

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 fishing vessels or 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 have a limitation as "valid only on fishing vessel" if his seagoing service was on board fishing vessels, and "valid only on ship of less than 500 gross tonnage" if his sea service was on board ship of less than 500 gross tonnage.

An applicant to the Officer in Charge of a Navigational Watch licensure examination who failed to present the required training record book, and has completed an approved sea service as apprentice mate/deck cadet, ordinary seaman or able-bodied seaman for at least twelve (12) months but less than three (3) years on board seagoing ship/s of 500 GT or more, at the time of application, shall be allowed to take the written examination. However, should he pass the written examination, he shall not be issued the STCW Certificates until the completion of seagoing service of at least three (3) years on board seagoing ship of 500 gross tonnage or more, or has successfully passed the practical assessment given by the Board of Marine Deck Officers.

ARTICLE VII

Issuance of 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 by the Commission 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.

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

1. Certificate of Registration 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. The certificate of Registration shall be in the Filipino language with English translation.

 

2. Certificate of Competency bearing his registration/certificate number signed by the Chairman, 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.

The Certificate of Competency shall be categorized as follows:

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

a) with sea service a 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) months 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 of 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 fishing vessel, or ship of less than 500 gross tonnage, with limitation as "valid only on fishing vessel","or valid only ship of less than 500 gross tonnage",respectively.

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".

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.

A successful examinee in the Officers in Charge of a Navigational Watch written examination who failed to submit the required training record book, and has completed an approved sea service of at least twelve (12) months but less than three (3) years on board seagoing ship of 500 GT or more, at the time of application, shall not be issued the Certificate of Competency until the completion of sea service of at least three (3) years on board seagoing ship of 500 GT or more, or has successfully passed the practical assessment given by the Board of Marine Deck Officers.

3. Endorsement Certificate bearing his registration/certificate number indicating therein the date of issuance and date of expiration signed by the Chairperson. 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.

The Endorsement Certificate shall be issued in a separate document, the form to be used shall be that set forth in paragraph 2 of Section A-1/2 of the STCW Code, while the Certificate of Competency shall be that set forth in paragraph 1 of section A-1/2 of the STCW Code. The Endorsement Certificate shall have the same categories and limitation/s, if any, indicated in the Certificate of Competency, and shall expire as soon as the Certificate endorsed expires or is withdrawn, suspended or canceled by the Board and, in no case, not more than five years from date of issue.

4. Professional Identification Card, upon application, to be used solely for the purpose of identification, upon payment of the required fees.

Every Marine Deck Officer shall be assigned a permanent unique registration/certificate number which shall appear in his Certificate of Registration, Certificate of Competency and Endorsement Certificate. Renumbered Certificate shall retain the original date of registration in his present grade/rank in accordance with the guidelines adopted by the Board.

Major and Minor Patrons registered/licensed by the Commission shall be issued the STCW Endorsement Certificate under Regulation II/3, paragraph 5 of the Revised STCW Convention, after complying with the standards under Section A-II/3, paragraph 7 of the STCW Code.

SECTION 29.1. Issuance of STCW '95 Certificates to holders of STCW '78 Certificates. — A Marine Deck Officer holding STCW '78 Certificates, in order to be issued the appropriate STCW '95 Certificates, shall undergo the appropriate upgrading courses prescribed by the Board pursuant to Section A of the STCW Code, and an assessment documented in a record of assessment.

SECTION 29.2. Revalidation of STCW '95 Certificates and Endorsements. — A marine deck officer holding STCW '95 Certificates issued under any chapter of the STCW Convention other than chapter VI thereof, who is serving at sea or intends to return to sea after a period ashore shall, in order to continue to qualify for seagoing service, be required at intervals not exceeding five years to:

A.. Meet the standards of medical fitness for seafarers as prescribed by the Department of Health (DOH);and

B. Establish continued professional competence in accordance with section A-I/11 of the STCW Code.

SECTION 29.3. Upgrading of Certificates.— A Certificate of Competency and Endorsement Certificate with limitation/s, as herein above indicated, shall be upgraded as follows:

1. MASTER MARINER who is a holder of a Certificate of Competency and Endorsement Certificate issued under the provision of Regulation II/2, paragraph 3, shall be upgraded to the provision of Regulation II/2, paragraph 1, without undergoing examination, after completion of relevant training course/s prescribed by the board, or an approved sea service on board seagoing ship/s of 3,000 gross tonnage or more as Chief Mate, or supernumerary Master, for at least three (3) months.

2. CHIEF MATE who is a holder of Certificate of Competency and Endorsement Certificate issued under the provision of Regulation II/2, paragraph 3, shall be upgraded to the provision of Regulation II/2, paragraph 1, without undergoing examination, after completion of relevant training course/s prescribed by the Board, or an approved sea service on board seagoing ship/s of 3,000 gross tonnage or more in the operational level, or as supernumerary Chief Mate, for at least three (3) months.

3. MARINE DECK OFFICER who is a holder of Certificate of Competency and Endorsement Certificate with limitation as "valid only on fishing vessel" or "valid only on ship of less than 500 gross tonnage",shall be upgraded to "NO LIMITATION",without undergoing examination, after completion of the minimum sea service requirement of at least twelve (12) months on board merchant marine seagoing ship of 500 gross tonnage or more appropriate to the certificate held, or in a lower rank than that for which the certificate held is valid immediately prior to taking up the rank for which it is valid.

SECTION 30. Maintenance of Register of Certificates. — The Board, pursuant to Regulation I/9 of the STCW Convention, shall:

1. Maintain a register of all Certificates and Endorsements for marine deck officers which are issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed; and

2. Make available information on the status of such Certificates, Endorsements and date of issue of the medical certificate, including the photograph of the marine officer, to other parties and companies which request verification of the authenticity and validity of certificates produced to them by seafarers seeking recognition of their certificates under Regulation I/10 or employment on board ship.

SECTION 31. Lifting of Deferment of Registration.— An examinee who passed the licensure examination but whose registration has been deferred by the Board may be allowed to take the oath of a professional and register as Marine Deck Officer if the reason for the deferment of his registration has been complied with or no longer exists.

SECTION 32. Reinstatement of Certificate of Competency.— After one (1) year from the finality of the Decision revoking his Certificate of Competency, a Marine Deck Officer may file a petition for the reinstatement of said certificate and the Board may, for good and just cause shown, or for reasons deemed proper and sufficient, grant the petition and enter an Order reinstating the Certificate of Competency.

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.

ARTICLE VIII

Recognition of Foreign Certificates

SECTION 33. Registration and Recognition of Foreign Certificates. — The Commission, pursuant to Regulation I/10 of the STCW Convention, may issue an Endorsement Certificate to a foreign Marine Deck Officer holding a Certificate of Competency issued by his national administration, provided that the requirements of the STCW Convention have been complied with.

 

The Commission shall confirm, through necessary measures, that the requirements concerning standards of competence, the issue and endorsement of certificates and records keeping were fully complied.

An undertaking shall be agreed upon with the Administration of the foreign marine deck officer, and that prompt notification will be given of any significant change in the arrangements for training and certification in compliance with the STCW Convention.

Measures shall be established by the Commission to ensure that a foreign marine deck officer who present for recognition, a Certificate issued under the provisions of Regulations II/1, II/2, II/3 or VII/1, as defined in the STCW Convention, has an appropriate knowledge of the maritime legislation of the Philippines relevant to the functions they are permitted to perform.

Information provided and measures agreed upon under Regulation I/10 shall be communicated to the Secretary-General of the International Maritime Organization (IMO) in conformity with the requirements of Regulation I/7.

SECTION 34. Submission of Other Requirements/Documents.— The Commission may require the submission of other documents, papers, or records as it may find necessary and relevant to properly evaluate and assess the qualifications of the applicant.

SECTION 35. Record of Foreign Merchant Marine Deck Officers.— The Commission shall maintain a roster of foreign Merchant Marine Deck Officers who were issued an Endorsement Certificate which shall contain the complete name, certificate number, date of birth, sex, citizenship/nationality, address, rank, name of company/employer and vessel, if applicable, and his signature.

ARTICLE IX

Administrative Proceedings

SECTION 36. Administrative Investigation. — The process and procedure for the impartial investigation of any reported incompetency, act or omission, that may pose a direct threat to safety of life or property at sea or to the marine environment, by a registered/licensed Marine Deck Officer in connection with the performance of duties related to his certificate and for the withdrawal, suspension and cancellation of such certificates for such cause and for the perpetuation of fraud shall be governed by the "Rules and Regulations Governing the Regulation and Practice of Professionals", as amended, issued by the Commission. The Revised Rules of Court shall be supplementary to the foregoing rules. The Board shall impose penalties or disciplinary measures for violation of the provisions of R.A. No. 8544 and these Rules and Regulations giving effect to the Convention.

The foregoing provision shall also apply to an applicant/examinee in the Marine Deck Officers licensure examinations.

SECTION 37. Grounds for Disciplinary Action.— The grounds for proceeding against a registered/licensed Marine Deck Officer or an applicant/examinee in the licensure examinations for marine deck officers shall include but shall not be limited to the following acts:

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

2. Immoral and/or Dishonorable Conduct

3. Unprofessional and/or Dishonorable Conduct

4. Incompetence

5. Negligence

6. Illegal practice

7. Fraudulent Application (Section 15)

8. Violation of the Rules and Regulations Implementing R.A. No. 8544.

9. Violation of the Code of Ethics for Marine Deck Officers.

10. Violation of any provision of R.A. No. 8544.

A Marine Deck Officer may likewise be proceeded against administratively for:

1. Engaging/Employing a person not holding a certificate where a certificate is required by the STCW Convention;

2. Allowing any function, or service in any capacity, required by the regulations of the STCW Convention to be performed by a person holding an appropriate certificate, to be performed by a person not holding the required certificate, a valid dispensation or having the documentary proof required by Regulation I/10; or

3. Obtaining by fraud or forged documents an engagement/employment to perform any function or serve in any capacity required by the Regulations of the Convention.

ARTICLE X

Miscellaneous Provisions

SECTION 38. Quality Standards. — The Board shall establish a quality standards system that shall be subject to external audit in accordance with Regulation I/8 of the STCW '78 Convention, as amended. The Board shall ensure that an evaluation is periodically undertaken in accordance with the provisions of section A-I/8 of the STCW Code by qualified persons who are themselves not involved in the activities concerned.

SECTION 39. Integration of Marine Deck Officers.— All Marine Deck Officers shall be integrated into one (1) national organization which shall be recognized by the Board and the Commission as the one and only integrated and accredited association of Marine Deck Officers. A Marine Deck Officer duly registered with the Board shall automatically become a member of the integrated and accredited association of Marine Deck Officers, and shall receive the benefits and privileges appurtenant thereto upon payment of the required fees. Membership in the integrated and accredited association shall not be a bar to membership in other association of Marine Deck Officers.

SECTION 40. Code of Ethics for Marine Deck Officers.— The integrated and accredited national association of Marine Deck Officers shall prescribe a Code of Ethics for Marine Deck Officers which shall be adopted by the Board and approved by the Commission.

ARTICLE XI

Report on the Performance of the Candidates of Schools, Colleges and Universities in Licensure Examinations

SECTION 41. Report of the Board.— The Board shall, through the Educational Statistics Task Force of the Commission, prepare a report on the performance of the examinees of schools, colleges or universities in the Marine Deck Officers licensure examinations. The Board, through the Commission, may recommend to the Commission on Higher Education (CHED):(1) the monitoring of the schools, colleges and universities, whether public or private, whose successful examinees in the three (3) consecutive Marine Deck Officers licensure examinations is less than 5% of the total number of its candidates who took the said licensure examinations; (2) the publication of the names of schools, colleges and universities whose successful examinees in five successive Marine Deck Officers licensure examinations is less than 5% of the total number of examinees in each of the licensure examinations taken; and (3) the phase out of the maritime education course/program.

ARTICLE XII

Applicability of Rules and Regulations Promulgated by the Commission Implementing R.A. No. 8981

SECTION 42. Rules and Regulations Applicable. — The "Rules and Regulations Implementing R.A. No. 8981" promulgated by the Professional Regulation Commission shall be applicable to the application, examination, registration, regulation and investigation of Marine Deck Officers.

SECTION 43. Separability Clause. — If any provision, section, paragraph or article of these Rules and Regulations be declared unconstitutional or invalid, such judgment shall not affect, invalidate or impair any other part thereof, but such judgment shall be merely confined to the provision, section, paragraph or article directly involved in the controversy in which such judgment has been rendered.

ARTICLE XIII

Repealing Clause

SECTION 44. Board Resolution No. 21, Series of 1999, is hereby repealed.— All other issuance, rules and regulations and circulars, and parts thereof which are inconsistent with the provisions of this Resolution are hereby repealed or modified accordingly.

ARTICLE XIV

Effectivity

SECTION 45. Effectivity.— This revised Rules and Regulations 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 1st day of February, 2002.

(SGD.) ERNESTO C. BONDOCChairman

(SGD.) JESSE B. MARTINEZMember

(SGD.) AURELIO R. PICARDALMember

(SGD.) JOSE T. MODELOMember

ATTESTED:

(SGD.) ATTY. ARISTOGERSON T. GESMUNDOAssistant Commissioner

APPROVED:

(SGD.) ANTONIETA FORTUNA-IBEChairperson

(SGD.) ALFONSO G. ABADCommissioner

(SGD.) AVELINA DE LA REA-TANCommissioner

 

Published in the Official Gazette, Vol. 98 No. 14 on April 8, 2002.