Rules of Procedure in Administrative Investigation of Cases Involving Violations Committed by Maritime Training Institutions and Filipino Seafarers

January 18, 2013

MARINA CIRCULAR NO. 05-13

 

Pursuant to Executive Order (E.O.) No. 75 designating the Department of Transportation and Communications (DOTC) through the Maritime Industry Authority (MARINA) as the single administration in the Philippines responsible for oversight in the implementation of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), as amended, the following Rules of Procedure in Administrative Investigation of Cases Involving Violations Committed by Maritime Training Institutions and Filipino Seafarers are hereby adopted:

I. Objectives:

1. To ensure compliance by Maritime Training Institutions (MTIs) and all seafarers with the 1978 STCW Convention, as amended.

2. To provide policies and procedures in the Administrative Investigation of Cases Involving Violations Committed by Maritime Training Institutions and Filipino Seafarers and to prescribe the corresponding Tables of Penalties.

II. Coverage:

This Circular shall apply to all Maritime Training Institutions (MTIs), Filipino seafarers and all concerned entities.

III. Definitions of Terms:

For the purpose of this Circular, the following terms are hereby defined:

1. Administration — refers to the Maritime Industry Authority (MARINA), as the single Administration in the Philippines responsible for oversight in the implementation of the 1978 STCW Convention, as amended. cSCTEH

2. Certificate of Course Accreditation — refers to the document issued by the Administration to a maritime training institution that has complied with all the requirements for accreditation of a maritime training course.

3. Complaint — refers to a sworn written statement containing concise and ultimate facts constituting the violation(s) by the respondent of any provision of MARINA circulars, rules and regulations, ruling, and orders in implementing the 1978 STCW Convention, as amended, duly signed by the aggrieved party or the complainant.

4. Fraudulent Document — refers to any false, fake, and spurious document issued by a maritime training institution and procured by Filipino seafarers.

5. Grave Offenses — refers to those offenses committed by the maritime training institution that will seriously affect the quality of training and will lead to the non-achievement of the course objective.

6. Less Grave Offenses — refers to those offenses that will not seriously affect the quality of training but are correctional in nature or some offenses or deficiencies that have been committed by means of mistake or fault.

7. Maritime Training Institutions (MTIs) — refers to duly established institutions, public or private, authorized by the Administration to offer maritime training courses in accordance with the 1978 STCW Convention, as amended and other applicable laws, rules and regulations.

8. Memorandum Report — refers to any official written report originating from any of the branches of the STCW Office, containing distinctly the facts constituting violation(s) by the respondent Maritime Training Institutions or seafarer of the provision of all MARINA circulars, rules and regulations, rulings and orders relating to the implementation of 1978 STCW Convention, as amended.

9. Pre-accreditation cases — refers to cases arising from evaluation of documents submitted by Maritime Training Institutions in their application for course accreditation. SDEITC

10. Quality Standards System — refers to the documented policies, procedures, controls and internal quality assurance system, relating but not limited to training, assessment of competence and revalidation activities, designed to ensure the achievement of defined objectives of the training course in accordance with the requirements of the STCW Convention.

11. STCW Office — refers to the STCW Office of MARINA, which shall exercise oversight and supervisory functions over different agencies involved in the implementation and enforcement of the 1978 STCW Convention, as amended.

12. STCW Convention — refers to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers as amended, and its associated Code.

13. Summative Assessment — refers to the assessment conducted after the course to measure level of learning of trainees as per learning objectives.

14. Training Completion and Record of Assessment (TCROA) — refers to the prescribed document where the names of trainees who have completed the training course and the outcome of their assessment are recorded as certified by the qualified assessor and training director of an accredited Maritime Training Institutions.

15. Training Course — refers to the series of lessons composed of component modules to teach an individual the skills, knowledge and proficiency to acquire the required competences and be certified in accordance with the 1978 STCW Convention, as amended.

IV. Jurisdiction and Venue:

1. Jurisdiction. — The MARINA through the STCW Office shall exercise original and exclusive jurisdiction to hear and decide all cases involving pre-accreditation of training courses of all maritime training institutions, all cases arising out of violations by the maritime training institutions and Filipino seafarers of any circular, rules and regulations, ruling and order issued by MARINA in relation to all issues in the implementation of the 1978 STCW Convention, as amended. SADECI

2. Venue. — All cases arising out of violations by Maritime Training Institutions and Filipino seafarers of any MARINA circular, rules and regulations, ruling, order and decision shall be heard at the STCW Central Office or its Regional Offices, if applicable.

In the case of reports, the same shall be investigated by the STCW Office.

V. Filing of Complaint

1. Who may file. — Any person or entity who has knowledge of any violation of MARINA circular, rules and regulations, ruling and order may file a complaint in writing and under oath against maritime training institutions or Filipino seafarers.

The STCW Office on its own initiative or upon filing of a complaint or receipt of a memorandum report may conduct the necessary proceedings for the suspension, cancellation or revocation of the accreditation of courses of the maritime training institutions and/or disciplinary actions against seafarers.

2. Caption and Title. — The complaint shall be filed in accordance with the following captions:

Maritime Industry Authority
STCW OFFICE
Manila
MARINA-STCW OFFICE	Case No. _______
		For violation of:
	-versus-
Name of the Maritime
Training Institution/
Name of the Seafarer
	Respondent

3. Contents of the Complaint or Report. — All complaints and reports shall be under oath and must contain, among others, the following:

a. Name and address of the complainant/s.

b. Name and address of the respondent.

c. The nature of the complaint. EDSAac

d. The substance, cause/grounds of the complaint.

e. Where and when the action complained of happened.

f. The relief sought.

All pertinent papers or documents in support of the complaint must be attached whenever possible. The complaint shall be under oath and shall be administered by any officer authorized by law.

4. Docket and Assignment of cases. — Complaints duly received shall be docketed, numbered and assigned to a Hearing Officer of the STCW Office.

VI. Action Upon the Complaint

1. Answer/Counter Affidavit. — Upon receipt of the complaint, the STCW Office through its Executive Director shall issue a Show Cause Order (SCO) directing the respondent/s to file a Verified Answer/Counter-Affidavit in three (3) legible copies within ten (10) calendar days and not a Motion to Dismiss from receipt of the SCO, incorporating therein all relevant documents of its defense/s, and attaching thereto proof of service to the complainant/s. The answer shall be deemed filed on the date of receipt stamped thereon, if filed personally, or on the date stamped on the envelope filed through registered mail.

2. Failure to File Answer/Counter-Affidavit. — Failure to file answer will constitute a waiver on the part of the respondent and hearing or investigation shall proceed ex-parte.

3. Authority to Issue Subpoena Duces Tecum and Subpoena Ad Testificandum. — The STCW Office shall issue subpoena duces tecum or subpoena ad testificandum in the course of the investigation of the case as may be necessary in accordance with procedural law.

4. Failure or Refusal to Obey Subpoena Duces Tecum and Subpoena Ad Testificandum. — The conduct of courses of maritime training institution who fails or refuses to obey the Subpoena Duces Tecum and Subpoena Ad Testificandum shall be suspended until compliance of the directive or order from the STCW Office.

This is without prejudice to the outcome of the investigation wherein the proper penalty may be imposed.

5. Proof of Completeness of Service. — The return is prima facie proof of the facts stated therein. Service by registered mail is complete upon receipt by the addressee or its agent; but if the addressee or agent fails to claim his mail from the post office within five (5) calendar days from date of last notice of the postmaster, service shall take effect after such time. ETDHaC

6. Motion for Extension. — Only one motion for extension of time to file Answer/Counter-Affidavit shall be allowed. The extension shall not exceed ten (10) calendar days from receipt of the order granting it.

7. Fact-Finding Investigation or Preliminary Conference if Necessary. — The Hearing Officer may summon the parties for a fact-finding investigation or to a conference where he/she may propound questions to the parties and to interview any possible witnesses. The Hearing Officer shall maintain minutes of the proceedings which shall be signed by the parties and their counsels, if any, and shall form part of the records of the case. 

8. Authority to Initiate Clarificatory Questions. — At any stage of the proceedings and prior to the submission of the case for resolution, the Hearing Officer may initiate clarificatory questions to further elicit facts or information, including but not limited to the subpoena of relevant documentary evidence.

9. Summary Judgment. — Should the Hearing Officer find upon consideration of the answers, counter-affidavits and evidence submitted that a resolution or decision may be rendered thereon, the case shall be deemed submitted for judgement on the merits.

10. Nature of Proceedings. — The proceedings shall be non-litigious in nature, subject to the requirement of due process, the technicalities of law and procedure may be dispensed with except that the observance of the reglementary period shall be strictly complied with. The Hearing Officer may avail himself/herself of all reasonable means to ascertain the facts of the case, including ocular inspection where appropriate, and examination of informed and expert witnesses.

11. Effects of Withdrawal/Desistance. — The withdrawal or desistance of the complainant shall not bar the STCW Office from proceeding with the investigation on violations of the maritime training institutions or seafarer of the existing MARINA circulars, its implementing rules and regulations, rulings and orders. The STCW Office shall act on the case as may be merited by the result of the investigation and impose the corresponding penalty upon the respondent.

12. Suspension of Accreditation of Programs and Training Courses Pending Investigation. — Pending investigation of the violations complained of and upon notice, the accreditation of the programs or training course may be suspended for a period not exceeding the imposable penalties under the Table of Penalties on the following grounds:

a. There exists reasonable ground to believe that the continued conduct of the program or training course will lead to further violations or adversely affect the training or otherwise prejudice national interest. IcHTAa

b. There is a prima facie case for violation of the MARINA Circulars, its implementing rules and regulations or any issuance of the MARINA, rulings and orders where the evidence of culpability is strong.

The Executive Director of STCW Office may issue an order lifting or modifying the Order of Preventive Suspension (OPS) as the circumstances may warrant.

13. Resolution of the Case. — The Hearing Officer shall within thirty (30) calendar days from submission of the case submit its recommendation to the Executive Director.

14. Who may Issue Order/Decision or Resolution. — Only the Executive Director or the duly designated Officer in Charge of the STCW Office may issue suspension, cancellation or revocation orders of the accreditation of training courses or any disciplinary actions against Filipino seafarers. The Executive Director shall render judgment and impose the prescribed penalties herein provided. The judgment rendered by the Executive Director or the designated Officer in Charge shall be final and executory.

15. Motion for Reconsideration. — Only one (1) Motion for Reconsideration (MR) shall be filed by an aggrieved party at the STCW Office within 10 calendar days from receipt of the Order/Resolution/Decision. However, an Order of Suspension for one (1) month shall not be subject to any Motion for Reconsideration or Appeal and the said Order shall be immediately executory.

16. Suspension of Documentary Processing. — The STCW Office may order the suspension of the processing of any documentation pertaining to a respondent maritime training institution or Filipino seafarer filed by during the pendency of the investigation/hearing involving concerned respondent.

17. Effects of Order of Suspension, Cancellation or Revocation of Accreditation of Programs or Training Courses. — An order of suspension, cancellation or revocation shall have the effect of suspending or terminating all activities of the maritime training institution pertaining to its particular accreditation of training course which is the subject of the case. The Administrator may seek the assistance of other government institutions, agencies or offices to ensure that the suspension, cancellation or revocation orders are properly implemented. SCHTac

18. Institution of Criminal Offense. — The MARINA or any aggrieved party, may initiate corresponding criminal action with the appropriate Office arising from any act of false documentation and misrepresentation in application of accreditation of training course by a maritime training institution and securing certificates of proficiency by Filipino seafarers.

VII. Review/Appeal

1. Jurisdiction. — The Administrator shall have exclusive jurisdiction to review the Orders, Decisions and Resolutions of the Executive Director of the STCW Office.

2. When and Where to File. — A Petition for Review in three (3) legible copies shall be filed within fifteen (15) calendar days from receipt of the Order at the STCW Office.

3. Notice of Appeal. — A Notice of Appeal shall be filed by the aggrieved party with the STCW Office. The Notice of Appeal shall indicate the parties to the appeal, the judgement or final order or part thereof appealed from, and the material dates showing the timeliness of the appeal.

4. Appeal Fee. — The appellant or petitioner shall pay an appeal fee of One Thousand Pesos (P1,000.00) and the copy of the receipt hereof shall be attached to the appeal.

5. Effects of Filing a Petition for Review. — The filing of a timely Petition for Review or Appeal shall stay the execution of the Order of suspension, cancellation or revocation.

6. Transmittal of the Records of the Case on Petition for Review. — The STCW Office shall transmit the entire records of the case, together with the Petition for Review filed by the party to the case to the Office of the Administrator within fifteen (15) days from receipt of the same.

7. Decision of the Administrator. — The order, decision or resolution of the Administrator shall be final and unappealable.

VIII. Grounds for the Filing of Complaint Against Maritime Training Institutions and the Corresponding Table of Penalties

The following offenses and corresponding penalties shall be imposed to erring Maritime Training Institutions: SAHIaD

The amount of the accreditation fee for a particular training course shall be the basis of the amount of fine to be imposed against Maritime Training Institutions. The schedule of payment for accreditation fees attached as Annex "A" or its amendments if necessary shall be the basis of the amount of fine to be imposed.

Grave Offenses	Penalty
a.	Engaging in act/s of	1st offense — Disqualification to Apply
	misrepresentation for the purpose of	for Accreditation six (6) months
	securing accreditation or renewal	from the receipt of the
	thereof, such as giving false	decision/order or resolution;
	testimonies or falsified documents;
		If renewal, revocation of the
		previous Accreditation;
		2nd offense — Disqualification to
		Apply for Accreditation;
b.	Engaging in act/s of	1st offense — Disqualification to Apply
	misrepresentation for the purpose of	for Accreditation of instructors and,
	securing accreditation of instructors	assessors six (6) months from the
	and, assessors or renewal thereof,	receipt of the decision/order or
	such as giving false testimonies or	resolution;
	falsified documents;
		If renewal, revocation of the
		previous Accreditation;
		If instructors, assessors and training
		directors have participated in the
		misrepresentation — disqualification
		to apply for accreditation as
		instructor, assessor and training
		directors six (6) months from the
		receipt of the decision/order or
		resolution;
		2nd offense — Disqualification to
		Apply for Accreditation;
c.	Misrepresentation or submission of	1st offense — fine equivalent the
	falsified documents for purposes of	amount of accreditation fee of that
	securing COP/COC.	particular course and three (3)
		months suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and six (6)
		months suspension;
		3rd offense — Revocation of the
		particular course;
d.	Accepting enrolees, offering or	1st offense — The Maritime Training
	conducting programs or training	Institution shall pay a fine
	courses not accredited by the STCW	equivalent to the amount of
	Office or with expired accreditation.	accreditation fee of that particular
		course + disqualification to apply
		for Accreditation one (1) month
		from the receipt of decision;
		2nd offense — fine which is double
		the amount of accreditation fee of
		the particular course and
		disqualification to Apply for
		Accreditation three (3) months
		from the receipt of decision;
		3rd offense — perpetual
		disqualification to apply for
		accreditation of that particular
		course;
e.	Hiring, employing or engaging the	1st offense — fine equivalent to the
	services of an Instructor and,	amount of accreditation fee of that
	Assessors without securing	particular course + Three (3)
	accreditation from STCW Office	months suspension to conduct the
	or the accreditation of such	said training course;
	instructors and assessors has
	been expired.
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and Six (6)
		months suspension to conduct the
		said training course;
		3rd offense — Revocation of
		Accreditation and perpetual
		disqualification from applying
		for accreditation of the said
		training course;
f.	Issuing training certificates to	1st offense — fine equivalent to the
	trainees without undergoing actual	amount of accreditation fee of that
	training and passing the assessment.	particular course and six (6) months
		suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and one (1)
		year suspension;
		3rd offense — Revocation of
		accreditation of that particular
		training course and perpetual
		disqualification from applying
		for accreditation of the said training
		course;
g.	Conducting trainings and assessment	1st offense — fine equivalent to the
	activities other than the place	amount of accreditation fee of that
	authorized by the STCW Office.	particular course and One (1) month
		suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and three (3)
		months suspension;
		3rd offense — fine which is triple the
		amount of accreditation fee of that
		particular course + six (6) months
		suspension;
h.	Enrolling a trainee in a particular	1st offense — fine equivalent the
	training course who does not meet	amount of accreditation fee of
	the entry requirement for the course.	that particular course and one (1)
		month suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course three (3)
		months suspension;
		3rd offense — fine which is triple the
		amount of accreditation fee of that
		particular course and six (6)
		months suspension;
i.	Conducting training in violation	1st offense — fine equivalent the
	of the cease and desist or suspension	amount of accreditation fee of
	order of the STCW Office.	that particular course and three (3)
		months suspension;
		— non-recognition of the training
		and assessment conducted by the
		erring Maritime Training
		Institution;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and six (6)
		months suspension;
		— non-recognition of the training and
		assessment conducted by the
		erring MTI;
		3rd offense — Revocation of the
		particular course which is the
		subject of the cease and desist
		order and perpetual disqualification
		from applying for accreditation of
		the said training course;
		— non-recognition of the training and
		assessment conducted by the
		erring MTI;
j.	Non-observance of the required	1st offense — fine equivalent the
	course intake limitation or the	amount of accreditation fee of that
	required number of trainees during	particular course and three (3)
	the conduct of the training, and	months suspension;
	assessment.
		2nd offense — fine which is double
		the amount of accreditation fee
		of that particular course and six
		(6) months suspension;
		3rd offense — Revocation of the
		particular course and perpetual
		disqualification from applying
		for accreditation of the said
		training course;
k.	Incomplete or non-functioning	1st offense — fine equivalent the
	training equipment and facilities.	amount of accreditation fee of
		that particular course and three
		(3) months suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and six (6)
		months suspension;
		3rd offense — Revocation of the
		particular course;
l.	Non-observance of policies and	1st offense — fine equivalent the
	procedures of the Quality System.	amount of accreditation fee of
		that particular course and three
		(3) months suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and six (6)
		months suspension;
		3rd offense — Revocation of the
		particular course;
m.	Allowing Instructors to conduct	1st offense — fine equivalent the
	summative assessment of its own	amount of accreditation fee of
	class for the purpose of certification.	that particular course and three
		(3) months suspension;
		2nd offense — fine which is double
		the amount of accreditation fee of
		that particular course and six (6)
		months suspension;
		3rd offense — Revocation of the
		particular course;
n.	Failure to observe the guidelines in	1st offense — fine equivalent the
	the assessment of competence and	amount of accreditation fee of
	proficiency as per assessment	that particular course and three
	manual.	(3) months suspension;
		2nd offense — fine which is double
		the amount of accreditation fee
		of that particular course and six
		(6) months suspension;
		3rd offense — Revocation of the
		particular course;
o.	Failure to submit enrolment, training	1st offense — fine equivalent the
	completion and record of assessment	amount of accreditation fee of
	(TCROA) within three days from	that particular course and one
	assessment.	(1) month suspension;
		2nd offense — fine which is
		double the amount of
		accreditation fee of that
		particular course and three
		(3) months suspension
		3rd offense — fine which is triple
		the amount of accreditation fee
		of that particular course and
		six (6) months suspension;
p.	Failure to comply with any of the	1st offense — fine equivalent the
	responsibilities of Maritime training	amount of accreditation fee of
	Institute as provided under the Rules	that particular course and one
	and Regulation of STCW Office	(1) month suspension;
		2nd offense — fine which is
		double the amount of
		accreditation fee of that
		particular course and three
		(3) months suspension;
		3rd offense — fine which is triple
		the amount of accreditation fee
		of that particular course and
		six (6) months suspension;
q.	Non-compliance with orders,	1st offense — fine equivalent the
	instructions, directive and issuances	amount of accreditation fee of
	of STCW Office	that particular course and one
		(1) month suspension;
		2nd offense — fine which is
		double the amount of accreditation
		fee of that particular course and
		three (3) months suspension;
		3rd offense — fine which is triple
		the amount of accreditation fee
		of that particular course and six
		(6) months suspension;
Less Grave Offense	Penalty
a.	Deviation from the prescribed	1st offense — fine which is half of
	Timetable, detailed teaching syllabus	the amount of accreditation fee of
	and Instructor's Guide (IG) for each	that particular course and stern
	particular training program without	warning;
	proper notation in the course
	monitoring instrument.	2nd offense — fine equivalent the
		amount of accreditation fee of
		that particular course and one
		(1) month suspension;
		3rd offense — fine which is double
		the amount of accreditation fee of
		that particular course and three
		(3) months;
b.	Failure to accommodate walk-in	1st offense — fine which is half of
	applicants for assessment without	the amount of accreditation fee of
	any valid cause.	that particular course and stern
		warning;
		2nd offense — fine equivalent the
		amount of accreditation fee of
		that particular course and one
		(1) month suspension;
		3rd offense — fine which is double
		the amount of accreditation fee of
		that particular course and three (3)
		months;
c.	Failure to correct the	1st offense — stern warning with
	non-conformances noted by the	condition to comply;
	Inspection and Monitoring Team
	within the prescribed period in	2nd offense — fine which is half of
	accordance with the specific	the amount of accreditation fee of
	MARINA Circular providing such	that particular course;
	rules
		3rd offense — fine equivalent the
		amount of accreditation fee of
		that particular course and one
		(1) month suspension;
d.	Failure to submit enrolment	1st offense — fine which is half
	report on or before the start of	of the amount of accreditation
	training.	fee of that particular course
		and stern warning;
		2nd offense — fine equivalent
		the amount of accreditation fee
		of that particular course and
		one (1) month suspension;
		3rd offense — fine which is
		double the amount of
		accreditation fee of that
		particular course and three
		(3) months;
e.	Failure to maintain prescribed	1st offense — fine which is half
	administrative requirements in	of the amount of accreditation
	accordance with the rules and	fee of that particular course
	regulation of STCW Office	and stern warning;
		2nd offense — fine equivalent
		the amount of accreditation
		fee of that particular course
		and one (1) month suspension;
		3rd offense — fine which is
		double the amount of
		accreditation fee of that
		particular course and three
		(3) months suspension;
f.	Failure to notify STCW Office of	1st offense — fine which is half
	any changes made by the	of the amount of accreditation
	Maritime Training Institution in	fee of that particular course
	accordance with training system	and stern warning;
	procedures.
		2nd offense — fine equivalent
		the amount of accreditation
		fee of that particular course
		and one (1) month
		suspension;
		3rd offense — fine which is
		double the amount of
		accreditation fee of that
		particular course and three
		(3) months suspension;
g.	Failure to utilize the required	1st offense — fine which is half
	classrooms/laboratory area.	of the amount of accreditation
		fee of that particular course
		and stern warning with condition
		to comply;
		2nd offense — fine equivalent the
		amount of accreditation fee of
		that particular course and one
		(1) month suspension;
		3rd offense — fine which is
		double the amount of
		accreditation fee of that
		particular course and three
		(3) months suspension;
h.	Non-availability of the required	1st offense — fine which is half
	textbooks and teaching aids	of the amount of accreditation
		fee of that particular course
		and stern warning with condition
		to comply;
		2nd offense — fine equivalent the
		amount of accreditation fee of
		that particular course and one
		(1) month suspension;
		3rd offense — fine which is double
		the amount of accreditation fee
		of that particular course and three
		(3) months suspension.

 

IX. Grounds for the Filing of Complaint Against Filipino Seafarers and the Corresponding Table of Penalties. — An administrative complaint against Filipino Seafarers may be filed on the following grounds with the corresponding penalties:

Offense	Penalty
1.	Engaging in any act/s of
	misrepresentation for purpose of
	securing certificate of proficiency
	or competency such as giving false
	testimonies or falsified documents;
	a.	Ratings (support level)	1st offense — P5,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for one (1) month
			from the receipt of the
			decision/order or resolution;
			2nd offense — P10,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for three months (3)
			from the receipt of the
			decision/order or resolution;
			3rd offense — perpetual
			disqualification to apply for
			Certificate of Proficiency
			(COP);
	b.	Officer	1st offense — P10,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for three (3) months
			from the receipt of the
			decision/order or resolution;
			2nd offense — P15,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for six months (6)
			from the receipt of the
			decision/order or resolution;
			3rd offense — perpetual
			disqualification to apply for
			Certificate of Proficiency
			(COP);
2.	Submission, procurement, holding
	of spurious, fake, forged or false
	documents;
	a.	Ratings (support level)	1st offense — P5,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for one (1) month
			from the receipt of the
			decision/order or resolution;
			2nd offense — P10,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for three months (3)
			from the receipt of the
			decision/order or resolution;
			3rd offense — perpetual
			disqualification to apply for
			Certificate of Proficiency
			(COP);
	b.	Officer	1st offense — P10,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for three (3) months
			from the receipt of the
			decision/order or resolution;
			2nd offense — P15,000.00 and
			Disqualification to Apply for
			Certificate of Proficiency
			(COP) for six months (6)
			from the receipt of the
			decision/order or resolution;
			3rd offense — perpetual
			disqualification to apply for
			Certificate of Proficiency
			(COP);

 

X. Repealing Clause:

Maritime Training Council (MTC) Resolution No. 8, Series of 2000, and all other issuances that are inconsistent with the provisions of this MARINA Circular are hereby superseded, repealed or amended accordingly.

XI. Effectivity:

This MARINA Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation. TCHEDA

Manila, Philippines, January 18, 2013.

BY AUTHORITY OF THE BOARD

(SGD.) ATTY. NICASIO A. CONTIOfficer-in Charge

Secretary's Certificate

 

This is to certify that MARINA Circular No. 2013-05 was approved by the MARINA Board of Directors during its Regular Meeting on January 18, 2013.

 

(SGD.) ATTY. VIRGILIO B. CALAG

ANNEX A

 

Accreditation Fees

Courses	Fees and
		Charges
1	Basic Safety Training	36,000
2	Proficiency in Survival Craft and Rescue Boats (PSCRB)	8,100
3	Proficiency in Fast Rescue Boats (PFRB)	8,100
4	Advanced Training in Fire Fighting	14,200
5	Medical Emergency First Aid (MEFA)	8,100
6	Medical Care (MECA)	8,100
7	General Tanker Familiarization (GTF)	14,200
8	Shore Based Fire Fighting (SBFF)	8,100
9	Specialized Training for Oil Tankers (STOT)	12,200
10	Specialized Training for Chemical Tankers (STCT)	12,200
11	Specialized Training for Liquefied Gas Tankers (STLPG)	12,200
12	Ratings Forming Part of Navigational Watch (DWK)	8,100
13	Ratings Forming Part of Engineering Watch (EWK)	8,100
14	Radar Navigation, Radar Plotting and Use of ARPA (ROP)	8,100
15	Radar, ARPA, Bridge Teamwork and Search and Rescue (ARPA)	10,200
16	Radar Simulator Course (RSC)	12,200
17	Crowd Management, Passenger Safety and Safety Training for	12,200
	Personnel Providing Direct Services to Passengers in
	Passenger Spaces
18	Proficiency in Crisis Management and Human Behavior Training	12,200
	Including Passenger Safety, Cargo Safety and Hull Integrity
19	Consolidated MARPOL 73/78, Annexes I-VI	36,000
20	Cargo Handling and Care of Cargo	14,200
21	Cargo and Ballast Handling Simulator	14,200
22	Ship Simulator and Bridge Teamwork (SSBT)	14,200
23	Dangerous, Hazardous and Harmful Cargoes (HazMat)	8,100
25	Prevention of Alcohol and Drug Abuse in the Maritime Sector	9,000
	(PADAMS)
26	Engine Room Simulator (ERS)	18,000
27	GOC and GMDSS	20,300
28	Operational Use of Electronic Chart Display and Information	18,000
	System (ECDIS)
29	Management Level Course for Deck Officers (MLC for Deck)	22,500
30	Management Level Course for Engine Officers (MLC for Engine)	22,500
31	Ship Security Officer's Course (SSO)	19,000