Rules and Regulations Implementing the Philippine Merchant Marine Officers Act of 1998

November 20, 2009

PROFESSIONAL REGULATORY BOARD FOR MARINE ENGINEER OFFICERS BOARD RESOLUTION NO. 154B-09

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. 03, series of 2002, the Implementing Rules and Regulations of R.A. No. 8544, to institute additional changes in view of the developments in the implementation of the 1978 STCW Convention, as amended.

WHEREFORE, the Board resolved, as it hereby resolves, to revise Board Resolution No. 03, series of 2002, 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 engineer 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 Engineer Officer.

b. The supervision, control and regulation of the practice of merchant marine engineer 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 Engineer Officers. HCTaAS

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

6. CHIEF ENGINEER OFFICER — is a duly registered and licensed Marine Engineer Officer who shall have over-all charge of and shall be responsible for the mechanical propulsion and the operation and maintenance of the mechanical and electrical installations of the ship/vessel.

7. SECOND ENGINEER OFFICER — is a duly registered and licensed Marine Engineer Officer next-in-rank to the Chief Engineer Officer who shall exercise supervision over all the machineries and auxilliaries as well as the engine personnel of the ship, and upon whom shall devolve/fall the responsibilities of the Chief Engineer Officer on board the ship, in the absence of, or in the event of incapacity of the Chief Engineer Officer.

8. OFFICER-IN-CHARGE OF AN ENGINEERING WATCH — is a duly registered and licensed Marine Engineer Officer next-in-rank to a Second Engineer Officer duly designated as Officer-in-Charge of an Engineering Watch in manned engine-room or designated duty engineer in a periodically unmanned engine-room who shall be responsible for the proper operation and maintenance of the machineries and equipment assigned to him by the Chief Engineer Officer including the inspection, maintenance and repair of electrical installations in the ship.

9. MANAGEMENT LEVEL — refers to the level of responsibility associated with serving as 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.

10. OPERATIONAL LEVEL — refers to the level of responsibility associated with serving as officer-in-charge of an engineering watch in a manned engine room or as designated duty engineer in a periodically unmanned engine room or machinery spaces on board a seagoing ship, 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 merchant marine engineer officer serving in management level for that area of responsibility. aDICET

11. CERTIFICATE OF REGISTRATION/PROFESSIONAL LICENSE — shall refer to the document issued to a Marine Engineer Officer after passing the 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 a Marine Engineer Officer certifying that the Marine Engineer 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 engineer 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 Engineer 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 1/11.

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 1/1, paragraphs 1 and 2).

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

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

19. APPROVED TRAINING COURSE — means a training course in compliance with requirements and standards of the 1978 STCW Convention, as amended, and accredited by the Maritime Training Council and/or recognized by the Board.

20. MANAGEMENT LEVEL COURSE — means the approved education and training required under paragraph 2, Regulation III/2 of the 1978 STCW Convention, as amended, for candidates for certification as Chief Engineer Officer and Second Engineer Officer, and meet the standards of competence specified in section A-III/2 of the STCW Code.

21. APPROVED IN-SERVICE EXPERIENCE — means experience acquired by the marine engineer 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 standards of competence table of the STCW Code.

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 a certification as officer-in-charge of an engineering watch which includes a systematic on-board practical training and experience in the tasks, duties and responsibilities of an officer-in-charge of an engineering watch and is closely supervised and monitored by qualified officers on board ship.

23. 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.

24. LICENSURE EXAMINATION FOR MARINE ENGINEER OFFICERS — refers to the written/walk-in examination given by the Board, and when appropriate, includes the practical assessment, to measure the competence on the functions at the appropriate level of responsibility of an applicant for registration/certification as Marine Engineer Officer. cCSEaA

25. SYLLABUS — means a table of specifications adopted by the Board and approved by the Commission containing the subjects for the written/walk-in licensure examination systematically arranged according to subject, topics and subtopics.

26. FUNCTION — refers to the level of competency required to be achieved by a candidate for certification, as defined under the STCW Code, in both the management and operational levels of responsibility.

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. WALK-IN EXAMINATION — means an examination similar but separate from the regularly scheduled licensure examination given to Marine Engineer 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 functions in the marine engineer officers examination adopted by the Board and approved by the Commission.  

29. PRACTICAL ASSESSMENT — means the technical phase of the licensure examination, as may be required by the Board and the Commission which covers the standards of competence mandated to be demonstrated by the marine engineer officer.

30. NEAR-COASTAL VOYAGE — shall refer to a voyage which cover 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 engineer officers into one national organization for recognition by the Board for Marine Engineer Officers and the Commission.

32. CODE OF PROFESSIONAL ETHICS FOR MARINE ENGINEER OFFICERS — refers to a set of rules and regulations governing the conduct and deportment of a marine engineer officer. aIcDCT

33. RECOGNITION OF FOREIGN CERTIFICATES — shall refer to the recognition by the Commission through the issuance of an Endorsement Certificate under Regulation I/10 of the 1978 STCW Convention, as amended, to a foreign Marine Engineer Officer holding a Certificate of Competency issued by his flag state administration complying with the requirements and standards of the said Convention.

34. ADMINISTRATION — means the Government of the Party whose flag the ship is entitled to fly.

35. SUPERNUMERARY CAPACITY — a lower officer rank than that for which the certificate held is valid immediately prior to taking up the rank for which it is valid.

ARTICLE II

Official Seal of the Board

SECTION 4. Official Seal of the Board of Marine Engineer Officers. — The seal of the Board of Marine Engineer Officers shall be in the form of a gear: the outer gear being 40 mm circular in diameter; the inner circle being 20 mm in diameter; inside the 10 mm circular band shall be inscribed the name of the Board, the words being equally spaced to occupy the full circumference of the band and inside the inner circle shall be engraved a three-bladed propeller with a ship on the background.

ARTICLE III

Composition and Meetings of the Board

SECTION 5. Composition. — The Board of Marine Engineer 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 accredited professional organization of marine engineer officers. The Board shall choose a Vice-Chairman from its 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 a majority of its members. TIcEDC

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 spokesperson of the Board.

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. A quorum shall require the presence of the majority of the Board.

A resolution of the Board other than a decision in an administrative case, shall be valid and enforceable only when approved by the Commission, and shall be effective immediately unless when publication is required in a newspaper of general circulation or in the Official Gazette. However, publication of a resolution shall not be required if it is not penal in nature, internal in nature and does not affect the public in general but only to a particular group of individuals.

SECTION 11. Official Dealing with the Commission and the General Public. — For any dealing or transaction with the Commission and the general public, the Chairman of the Board, or in his absence or incapacity, any member designated by the Board shall be its spokesperson.

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

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 an 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 Engineer Officers and resolutions embodying policies of the Board. The Board's official opinion or ruling shall be issued through the Chairman of the Board, or the Vice-Chairman, in his absence or incapacity.

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 the Board.

ARTICLE V

Application, Examination and Assessment

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

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 engineer officers licensure examination.

SECTION 16. Examination and Assessment. — All applicants for registration, certification and admission to the practice of the Marine Engineer Officers profession shall be required to pass the written or walk-in examination, and the practical examination/assessment, when appropriate.

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 engineer 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 Functions for the licensure examination from which test questions will be strictly prepared, and shall be based on the operational and management level functions.

SECTION 19. Scope of the Licensure Examination. — The scope of the licensure examination shall consists of Functions 1, 2, 3 and 4 which cover the operational and management levels of responsibility, namely:

(1) Function 1 — Marine Engineering

(2) Function 2 — Electrical, electronic and control Engineering

(3) Function 3 — Maintenance and Repair

(4) Function 4 — Controlling the Operation of the Ship and Care for Persons on Board

SECTION 20. Practical Examination/Assessment. — An examinee should pass the written or walk-in examination in order for him to qualify to take the practical examination. However, an examinee may opt to take the Engine Room Simulator (ERS) training course with assessment, prior to, or after the licensure examination, in lieu of the practical examination. Provided that, ERS training course with assessment taken prior to the licensure examination should be taken within the preceding five (5) years from the first day of the licensure examination which the examinee passed. CaSHAc

The practical examination/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 21. Full Computerization of Licensure Examinations. — The written and walk-in licensure examinations for Marine Engineer Officers shall be fully computerized. A new member of the Board shall prepare at least five hundred (500) questions for each of the functions assigned to him for the written examination. These questions shall be inputted 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 through the computers.

 

SECTION 22. Required Rating to Pass the Written and Walk-in Licensure Examinations. — To pass the licensure examination for marine engineer officers, where practical assessment is required, an examine must obtain a general average rating of at least seventy percent (70%) in the written or walk-in examination, with no grade lower than sixty percent (60%) in any given subject, and a rating of "PASS" in the practical assessment.

SECTION 23. Removal Examination. — An examinee in the written and walk-in licensure examinations 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 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 24. Re-Examination. — An examinee who failed in the written and walk-in licensure examination for the third time shall be allowed to take another examination only after the lapse of one year from the third failed written or walk-in licensure examination.

SECTION 25. Places and Dates of Examination. — The venues and dates of the written and walk-in licensure examination for the year shall be determined by the Board and approved by the Commission, and shall be included in the Schedule of professional Licensure Examinations issued by the Commission. ECaScD

SECTION 26. Program of Written Examination. — The Board shall prepare and issue a program for every scheduled examination which shall contain the functions with her 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 27. Publication of the Written Examination and Practical Assessment. — The time, dates and venues of the written examination 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 time, dates and venues of the walk-in licensure examination shall be published in the Commission's website.

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

ARTICLE VI

Requirements for Marine Engineer Officers Licensure Examinations

SECTION 28. Qualifications of Applicants for the Licensure Examination. — Every applicant shall establish the following requisites:

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

(b) Must be of good moral character.

(c) Has met the standards of 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 29. The qualification requirements for the marine engineer officers licensure examinations are as follows:

1. CHIEF ENGINEER OFFICER (750 KW PROPULSION POWER OR MORE)

a. A holder of Certificate of Registration/Professional License and valid/current PRC ID card as Second Engineer Officer.

b. Must have an approved seagoing service as Second Engineer Officer on board ship powered by main propulsion machinery of 750 KW propulsion power or more for at least twelve (12) months. DIHETS

2. SECOND ENGINEER OFFICER (750 KW PROPULSION POWER OR MORE)

a. A holder of Certificate of Registration/Professional License and valid/current PRC ID card as Third Engineer Officer, Fourth Engineer Officer of Officer-in-Charge of an Engineering Watch.

b. Must have an approved seagoing service as Officer-in-Charge of an Engineering Watch on board ship powered by main propulsion machinery of 750 KW propulsion power or more for at least twelve (12) months.

c. Must have completed approved education and training/management level course requirement in accordance with the standards of competence specified in section A-III/2 of the STCW Code pursuant to Section 30 hereof.

3. OFFICER-IN-CHARGE OF AN ENGINEERING WATCH (750 KW PROPULSION POWER OR MORE)

a. A graduate of Bachelor of Science in Marine Engineering in a school, academy, institute, college or university recognized by the Commission on Higher Education (CHED); or approved education and training which have commenced prior to August 1, 1998, or the old Bachelor of Science in Marine Engineering, Associate in Marine Engineering (AME), Certificate in Marine Engineering (CME) and Stationary Marine Engineering (SME); and

 Must have an approved seagoing service for at least six (6) months as apprentice engineer/engine cadet, wiper, oiler/motorman or general purpose rating on board ship powered by main propulsion machinery of 750 KW propulsion power or more, as part of an approved education and training program, which includes on board training documented in an approved training record book and shall have demonstrated the ability to undertake, at the operational level, the tasks, duties and responsibilities listed in column 1 in Section A-III/1 of the STCW Code. DaEATc

b. A graduate of Bachelor of Science in Electrical or Mechanical Engineering in a school, academy, institute, college or university recognized by the Commission on Higher Education (CHED) who has successfully completed the bridging program of CHED leading to the degree of Bachelor of Science in Marine Engineering; and

 Must have a seagoing service in the engine department of at least twenty four (24) months prior to taking the bridging program or a seagoing service in the engine department of at least six (6) months after taking bridging program.

c. An applicant to the marine engineer officers licensure examinations who has at least twelve (12) months seagoing service on board fishing vessel, or ship powered by main propulsion machinery of less than 750 KW propulsion power, shall be allowed to take the written or walk-in licensure examination. However, should he pass the written or walk-in licensure examination, his STCW '95 Certificates shall have a limitation as "valid only of fishing vessel" if his seagoing service was on board a fishing vessel or a limitation as "valid only on ship powered by main propulsion machinery of less than 750 KW propulsion power" if his seagoing service was on board ship powered by main propulsion machinery of less than 750 KW propulsion power.

SECTION 30. The Approved Education and Training for Management Level Officers/Management Level Course. —

1. All Second and Chief Engineer Officers who are already licensed or duly registered with the Commission are EXEMPTED from taking the Management Level Course.

2. All Officer-in-Charge of an Engineering Watch who will take the Second Engineer Officers Licensure Examination shall be covered by this requirement.

3. An Officer-in-Charge of an Engineering Watch with at least (6) months approved seagoing service may opt to take the Management Level Course or any of its Functions prior to taking the Second Engineer Officers Licensure Examination or directly take the licensure examination without enrolling and completing the Management Level Course.

4. An Officer-in-Charge of an Engineering Watch who PASSED the Second Engineer Officers Licensure Examination shall present to the Board the Certificate of Completion for Functions 4 of the Management Level Course from a training provider accredited by the Maritime Training Council (MTC) and the Certificate/Documentary proof for the required assessment in Functions 1, 2 and 3 applying the table of equivalency approved by the MTC before he/she will be allowed to apply for the issuance of STCW '95 Certificates as Second Engineer Officer. acHTIC

5. An Officer-in-Charge of an Engineering Watch who FAILED TWICE or more in the Second Engineer Officers Licensure Examination shall be required to take all the four (4) Functions of the Management Level Course. After passing the Second Engineer Officers Licensure Examination, he/she shall present to the Board the Certificates of Completion for all the four (4) Functions of the Management Level Course from a training provider accredited by the MTC before he/she will be allowed to apply for the issuance of STCW '95 Certificates as Second Engineer Officer.

6. The Management Level Course or any of its Functions shall only be taken once by an Officer-in-Charge of an Engineering Watch.

ARTICLE VII

Issuance of Certificates

SECTION 31. Registration of Successful Examinees; Registration without Examination as Chief Engineer Officer; Issuance of Certificate of Registration and STCW '95 Certificates (Certificate of Competency and Endorsement Certificate). — An examinee who passed the written or walk-in 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 others requirements for registration prescribed by the Board and the Commission, the name of the professional shall be entered/enrolled in the Roll of Marine Engineer Officers.

 

A registered/licensed Second Engineer Officer who has completed at least twenty four (24) months seagoing service as Second Engineer Officer on board ship powered by main propulsion machinery of 750Kw propulsion power or more shall, upon application, payment of the required fee and approval by the Board, be upgraded and issued the Certificate of Registration/License as Chief Engineer Officer. The Board shall issue the appropriate guidelines governing the recognition of maritime upgrading courses to be taken by the applicant Second Engineer Officer from a maritime training center accredited by the Maritime Training Council and/or recognized by the Board. Applicants who have been upgraded to Chief Engineer Officer license but have not yet taken any of the recognized upgrading courses shall be required to undergo such upgrading courses prior to the renewal of their PRC ID Cards or revalidation/upgrading/replacement of their STCW '95 Certificates.

SECTION 32. Certificates Issued to a Marine Engineer Officer. —

1. Certificate of Registration/Professional License which shall bear the signatures of the Chairman and members of the Board and the Chairman 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 transaction. SAHIDc

 A successful examinee in the Officer-in-Charge of an Engineering Watch licensure examination shall be issued a Certificate of Registration/Professional License No. with the corresponding prefix of "E-3".

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

 The Certificate of Competency shall be issued in a separate document, the form to be used shall be that set forth in paragraph 1 of section A-1/2 of the STCW Code. It shall have categories and limitation/s, if any, and shall expire within a period of five (5) years unless sooner withdrawn, suspended or cancelled by the Board and, in no case, not more than five years from date of issue.

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

3. Endorsement Certificate bearing the registration/certificate number indicating therein the date of issuance and date of expiration signed by the Chairman of the Commission. In the absence of the Chairman, 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. It 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 cancelled by the Board and, in no case, not more than five years from date of issue.

 A Marine Engineer Officer shall likewise be issued a professional identification Card. SAHIDc

 Every Marine Engineer 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 Certificates shall retain the original date of registration in his present grade/rank in accordance with the guidelines adopted by the Board.

SECTION 33. STCW '95 Certificates Issued to a Marine Engineer Officer. — A Marine Engineer Officer shall be issued the appropriate Certificate of Competency and Endorsement Certificate after passing the marine engineer officers licensure examination and complying with the qualification requirements, as follows:

1. CHIEF ENGINEER OFFICER on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more (Regulation III/2)

a) with seagoing service as Second Engineer Officer for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more; and

2. SECOND ENGINEER OFFICER on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more (Regulation III/2) with seagoing service as Officer-in-Charge of an Engineering Watch for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more.

3. CHIEF ENGINEER OFFICER on board ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power (Regulation III/3, paragraph 2.1.2) with seagoing service for at least twenty four (24) months, at least twelve months of which must be as Second Engineer Officer, on board ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power.

4. SECOND ENGINEER OFFICER on board ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power (Regulation III/3, paragraph 2.1.1) with seagoing service as Officer-in-Charge of an Engineering Watch for at least twelve (12) months on board ship powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power. aTHASC

5. SECOND ENGINEER OFFICER as CHIEF ENGINEER OFFICER on board ship powered by main propulsion machinery of less than 3,000 kW propulsion power (Regulation III/3 paragraph 3) with seagoing service as Second Engineer Officer for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more.

6. OFFICER-IN-CHARGE OF AN ENGINEERING WATCH with seagoing service as apprentice engineer/engine cadet, wiper or oiler/motorman for at least six (6) months on board ship powered by main propulsion machinery of 750 kW propulsion power or more. (Regulation III/1)

7. MARINE ENGINEER OFFICER IN THE OPERATIONAL LEVEL (Regulation III/1) AND MANAGEMENT LEVEL (Regulation III/2) with seagoing service on board fishing vessel, or seagoing ship powered by main propulsion machinery of less than 750 KW propulsion power shall have a limitation as "valid only on fishing vessel" or "valid only on ship powered by main propulsion machinery of less than 750 KW propulsion power", respectively.

SECTION 34. Issuance of STCW '95 Certificates to Holders of STCW '78 Certificates. — A Marine Engineer Officer holdings 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.

SECTION 35. Revalidation of STCW '95 Certificates. — A Marine Engineer Officer holding STCW '95 Certificates issued or recognized 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.

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

SECTION 36. Upgrading of Certificates. — STCW '95 Certificates may be upgraded as follows:

1. CHIEF ENGINEER OFFICER who is a holder of STCW '95 Certificates issued under the provision of regulation III/3, paragraph 1, shall be upgraded to the provision of Regulation III/2, after completion of an approved seagoing service as Second Engineer Officer for at least twelve (12) months on board ship by main propulsion machinery of 3,000 kW propulsion power or more or as supernumerary. Chief Engineer Officer for at least three (3) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more. cECaHA

2. SECOND ENGINEER OFFICER who is a holder of STCW '95 Certificates issued under the provision of Regulation III/3, paragraph 1, shall be upgraded to the provision of Regulation III/2, after completion of an approved seagoing service as Officer-in-Charge of an Engineering Watch for at least twelve (12) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more or as supernumerary Second Engineer Officer for at least three (3) months on board ship powered by main propulsion machinery of 3,000 kW propulsion power or more.

3. MARINE ENGINEER OFFICER who is a holder of STCW '95 Certificates with limitation as "valid only on fishing vessel", or "valid only on ship powered by main propulsion machinery of less than 750 kW propulsion power", shall be upgraded to "NO LIMITATION", after completion of a seagoing service as Officer-in-Charge of an Engineering Watch or in the management level for at least twelve (12) months on board merchant marine ship with main propulsion machinery of 750 kW propulsion power or more, or to address such other limitation, if any.

SECTION 37. 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 Chief Engineers and officers which are issued, have expired or have been revalidated, suspended, cancelled or reported lost or destroyed and of dispensations issued; and

2. Make available information, through the website of the Commission, on the status of such Certificates, Endorsement and date of issue of medical certificate, including the photograph of the marine officer, together with a scanned Certificate of Competency 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 38. 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 Engineer Officer if the reason for the deferment of his registration has been complied with or no longer exists.

SECTION 39. Reinstatement of Certificate of Competency. — After one (1) year from the finality of the Decision revoking his authority to practice the marine engineer officers profession, or prior to one (1) year when the cause/basis of the revocation no longer exist, or has been legally rectified, a Marine Engineer Officer may file a petition for the reinstatement of his authority. The Board may, for good and just cause shown, or for reasons deemed proper and sufficient, and the marine engineer officer has acted in an exemplary manner and has not committed any illegal, immoral or dishonourable conduct, grant the petition and issue an Order reinstating his authority to practice the marine engineer officers profession. SIacTE

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

ARTICLE VIII

Recognition of Foreign Certificates

SECTION 40. 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 Engineer Officer holding a Certificate of Competency issued by his Administration which has entered into a bilateral agreement with the Philippines, provided that the requirements of the STCW Convention and STCW Code have been complied with.

Measure shall be established by the Commission to ensure that a foreign marine engineer officer who present for recognition, a Certificate issued under the provisions of Regulations III/1, III/2, III/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 41. Submission of Other Requirements/Documents. — The Board and 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 an applicant.

SECTION 42. Record of Foreign Marine Engineer Officers. — The Commission shall maintain a roster of foreign Merchant Marine Engineer Officers who were issued an Endorsement Certificate, which shall contain the complete name, certificate number, date of birth, sex, citizenship/nationality, rank, address, name of company/employer and vessel, if applicable, and signature.

ARTICLE IX

Administrative Proceedings

SECTION 43. Administrative Investigation. — The process and procedures 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 Engineer 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. HaAIES

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

SECTION 44. Grounds for Disciplinary Action. — The grounds for proceeding against a registered/licensed Marine Engineer Officer or an applicant/examinee in licensure examination for Marine Engineer 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. 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.

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

10. Violation of the Code of Ethics for Marine Engineer Officers.

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

A Marine Engineer 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 STCW Convention. AcTHCE

ARTICLE X

Miscellaneous Provisions

SECTION 45. Quality Standards. — The Board shall establish a Quality Standards System that shall be subject to a self evaluation by the Quality System Audit Section of the Commission; internal quality audit by the Maritime Training Council; and an independent evaluation 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 46. Integration of Marine Engineer Officers. — All Marine Engineer 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 Engineer Officers. A Marine Engineer Officer duly registered with the Board shall automatically become a member of the integrated and accredited association of Marine Engineer 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 n

SECTION 47. Code of Ethics for Marine Engineer Officers. — The integrated and accredited national association of Marine Engineer Officers shall prescribe a Code of Ethics for Marine Engineer 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 48. 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 Engineer 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 Engineer 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 Engineer 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 49. 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 Engineer Officers. DCIAST

SECTION 50. 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 51. Board Resolution No. 03, Series of 2002, is Hereby Repealed. — Rules and regulations, Resolutions, Memorandum Circulars, and all other issuance, and parts thereof which are inconsistent with the provisions of this Resolution are hereby repealed or modified accordingly.

ARTICLE XIV

Effectivity

SECTION 52. Effectivity. — This revised Rules and Regulations shall take effect fifteen (15) days after its complete publication in a newspaper of general circulation or in the Official Gazette, whichever is earlier.

Done in the City of Manila, Philippines, this 20th day of November 2009.

(SGD.) JOSE G. ABUGANChairman

(SGD.) MIGUEL O. MARASIGANVice-Chairman

(SGD.) VICTORIANO A. ALOJADOMember

(SGD.) FERDINAND R. PASCUAMember

(SGD.) ELDEFONSO G. UBAMember

ATTESTED BY:

(SGD.) ATTY. ARISTOGERSON T. GESMUNDOAssistant Commissioner

APPROVED BY:

(SGD.) NICOLAS P. LAPEÑA, JR.Chairman

 

(SGD.) RUTH RAÑA PADILLACommissioner

NILO L. ROSASCommissioner

 

n   Note from the publisher: Copied verbatim from the Official Gazette, vol. 106, No. 19, Page 2812.

Published in the Official Gazette, Vol. 106, No. 19, p. 2799 on March 10, 2010.