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contains the full text ofRepublic Act
No. 8544.
REPUBLIC
ACT NO. 8544
AN
ACT
REGULATING THE
PRACTICE OF THE MERCHANT MARINE PROFESSION IN THE PHILIPPINES. ARTICLE ITITLE
Section 1. Title. —
This
Act shall be known as the "Philippine Merchant Marine Officers Act
of
1998."
ARTICLE
IIDECLARATION
OF
POLICY
AND OBJECTIVES Sec. 2. Declaration
of
policy. — It is the declared policy of the State to promote and
insure
the safety of life and property at sea, protect and serve the marine
environment
and ecology, and prevent marine pollution and accident at sea by
complying
with the Standards of Training, Certification and Watchkeeping for
Seafarers
1978 (STCW '78), as amended, to which the Philippines is signatory.
It is likewise the
declared
policy of the State to institutionalize radical changes as required by
international and national standards to insure that only qualified,
competent
and globally competitive Marine Deck/Engineer Officers as determined
through
licensure examinations shall be allowed entry to the practice of the
Merchant
Marine profession.
Sec. 3. Objectives.
— This Act provides for and shall govern:cralaw:red
(a) The
examination,
registration
and issuance of Certificate of Competency to Merchant Marine Officers;
and
(b) The supervision,
control
and regulation of the practice of Merchant Marine profession in the
Philippines:
Provided, That the above objectives shall be attained through
profession
in the Philippines: Provided, That the above objectives shall
be
attained through compliance with STCW '78 Convention, as amended.
ARTICLE
IIIDEFINITION
OF TERMS Sec. 4. Definition
of
terms. —
(a) "Practice of
Merchant
Marine Profession" — shall refer to the profession requiring the
application
of fundamental and known principles of navigation, seamanship and
engineering
to the peculiar condition and requirements of on board management,
operation
and maintenance of main propulsion and auxiliary engines, stability and
trim of the vessel and cargo handling. It shall also cover but will not
be limited to the following:cralaw:red
(1) The
proper handling
and stowage of cargoes on board ship which includes the safe carriage
of
passengers from port of origin to port of destination;
(2) The safe
watchkeeping
of the vessel's navigation in accordance with the Rules of the Road at
Sea;
(3) The Maritime
Education
and Training of Cadets and other Marine Professionals;
(4) Employment with
government,
provided such item or position requires the knowledge and expertise of
a Merchant Marine Officer.
(b) "Merchant Marine
Vessel"
— shall apply only to the commercial ships, propelled by machinery,
public or private, 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 noncombatant vessels of the
Philippine
Government.
(c) "Merchant Marine
Officer" — shall refer to marine deck or engineer officer.
(d) "Merchant Marine
Deck Officer" — shall refer to a duly registered, certified and
licensed
master mariner, chief mate and officer-in-charge of a navigational
watch.
(e) "Merchant Marine
Engineer Officer" — shall refer to a duly registered, certified
and
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, and coastal engineer.
ARTICLE
IVBOARDS
FOR MARINE
DECK
OFFICERS AND MARINE ENGINEER OFFICERS Sec. 5. Creation
and composition
of the Boards. — For the purpose of implementing the provisions of
this Act, the Board of Marine Deck Officers and the Board of Marine
Engineer
Officers, hereinafter referred to as the "Board," are hereby
created.
Each Board shall be composed of a Chairman and four (4) members who
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, hereinafter referred to as the Commission, from a list of
five
(5) nominees for each position chosen and ranked by the integrated and
accredited association of Marine Deck/Engineer Officers.
The Boards shall be
organized
not later than six (6) months from the effectivity of this Act.
Sec. 6. Qualifications
of the Chairman and Members of the Board. — The Chairman and
members
of the Board shall, at the time of the appointment, possess the
following
qualifications:cralaw:red
(a) He must
be a citizen
and resident of the Philippines;
(b) He must be of
proven
integrity and with high moral values as evidenced by his past
professional
conduct;
(c) He must be a duly
registered
Marine Deck/Engineer Officer under this Act, with a valid certificate
of
registration and valid certificate of competency;
(d) He must be a
member
in good standing of the integrated and accredited association of Marine
Deck/Engineer Officers;
(e) He must not have
any
pecuniary interest, directly or indirectly, in any school, academy,
college,
university or institution conferring an academic degree necessary for
admission
to the practice of merchant marine profession; or where review classes
in preparation for the licensure examination are being offered or
conducted,
nor shall he be a member of the faculty or of the administration
thereof
at the time of his appointment to the Board;
(f) For the Board of
Marine
Deck Officers, he must have navigated as master mariner for at least
two
(2) years on board sea-going vessel and with an aggregate total of at
least
seven (7) years of practice as Merchant Marine Officer;
(g) For the Board of
Marine
Engineer Officers, he must have navigated as Marine Engineer Officer
for
at least two (2) years on board a sea-going vessel and with an
aggregate
total of at least seven (7) years practice as Merchant Marine Officer;
(h) His last
shipboard
experience
should not be less than one (1) year within a ten (10)-year period
prior
to appointment date; and
(i) He must not have
been
convicted by any competent court of an offense involving moral
turpitude.
Sec. 7. Term of office.
— The Chairman and members of the Board shall hold office for a term of
three (3) years and until their successors shall have been appointed
and
duly qualified. Of the members of the Board first appointed under this
Act, one (1) member shall be appointed and hold office as Chairman for
three (3) years; two (2) members for two (2) years; and two (2) members
for one (1) year.
The Chairman or member
of
the Board may be reappointed for another term but in no case shall he
serve
continuously for more than six (6) years. Each member of the Board
shall
qualify by taking the proper oath of office prior to entering upon the
performance of his duties.
Sec. 8. Compensation
and Allowances of the Board. — The Chairman and members of the
Board
shall receive compensation and allowances comparable to the
compensation
and allowances being received by the Chairmen and members of other
existing
regulatory boards under the Commission as provided for in the General
Appropriations
Act.
Sec. 9. Vacancy and
removal of Board Members. — Any vacancy occurring in the membership
of the Board shall be filled for the unexpired portion of the term only.
The President may
remove
any member of the Board upon the recommendation of the Commission on
the
following grounds:cralaw:red
(a) Neglect
of duty or
incompetence;
(b) Violation or
tolerance
of the violation of this Act or the Code of Ethics for Maritime
Profession;
(c) Final conviction
of
an offense involving moral turpitude.
He shall be given due
notice
and hearing where his right to be heard and to defend himself, assisted
by counsel, shall be respected in a proper administrative
investigation.
The Commission's decision may be appealed within fifteen (15) days to
the
President whose decision shall be final and executory.
Sec. 10. Powers and Duties
of the Boards. — The Boards shall exercise the following powers and
duties:cralaw:red
(a) To
promulgate and
adopt
the rules and regulations necessary for carrying out the provisions of
this Act;
(b) To supervise and
regulate
the registration, certification of competency and practice of the
Maritime
Profession in the Philippines;
(c) To issue
certificates
of competency and its corresponding endorsement in accordance with STCW
'78 standards;
(d) To administer
oaths
in connection with the administration of this Act;
(e) To suspend,
revoke
or
reinstate the Certificate of Competency for the practice of the
Maritime
Profession;
(f) To adopt an
official
seal of the Board;
(g) To look into the
conditions
affecting the practice of the Maritime Profession and whenever
necessary,
adopt such measures as may be deemed proper for the enhancement and
maintenance
of high professional and ethical standards of the profession;
(h) To prescribe
and/or
adopt a Code of Ethical and Professional Standards for the practice of
the Maritime Profession;
(i) To hear and try
administrative
cases involving violations of this Act, its Implementing Rules and
Regulations,
the Code of Ethics for Professional Maritime Officers and for this
purpose,
to issue subpoena and subpoena duces tecum to secure the appearance of
witnesses and the production of documents in connection therewith;
(j) To prescribe
guidelines
for the Continuing Professional Education (CPE) program in coordination
with the accredited and integrated association of Merchant Marine
Officers;
(k) In accordance
with
the
STCW '78 Convention and its amendments, to prepare, adopt and issue the
syllabi of the subjects for examinations by determining and preparing
the
questions which shall strictly be within the scope of the syllabus of
the
subjects for examination;
(l) To promulgate,
administer
and enforce rules and regulations necessary for carrying out the
provisions
of this Act, in accordance with the charter of the Professional
Regulation
Commission and the STCW '78 Convention, as amended: Provided,
That
in case of subsequent or future amendments to any international
convention(s)/conference
of which the Philippines is a signatory, the Board is empowered to
amend/revise
its rules and regulations to conform with the amendments of the said
convention(s)
without the need of amending this enabling Act;
(m) To approve,
issue,
limit
or revoke the special dispensation to practice the Maritime Profession;
(n) To discharge such
other
powers and functions as the Board may deem necessary for the practice
of
the profession and the upgrading, enhancement, development and growth
of
merchant marine profession in the Philippines.
The policies, resolutions,
rules
and regulations, issued or promulgated by the Board shall be subject to
the review and approval of the Commission. The decisions, resolutions
or
orders rendered by the Board shall be final and executory unless
appealed
to the Commission within fifteen (15) days from receipt of the decision.
Sec. 11. Supervision
of the Board, Custodian of its Records, Secretariat and Support
Services.
— The Board shall be under the administrative control of the
Commission.
All records of the Board, including the applications for examination,
examination
papers and results, minutes of deliberation, administrative cases, and
other investigations involving Marine Deck/Engineer Officers shall be
kept
by the Commission.
The Commission shall
designate
the Secretary of the Board and shall provide the secretariat and other
support services to implement the provisions of this Act.
Sec. 12. Annual
Report.
— The Board shall, at the close of each calendar year, submit an annual
report to the President of the Philippines, through the Professional
Regulation
Commission, giving a detailed account of its proceeding and
accomplishments
during the year and making recommendations for the adoption of measures
that will upgrade and improve the conditions affecting the practice of
the Maritime Profession in the Philippines.
ARTICLE VEXAMINATION,
REGISTRATION
ANDCERTIFICATE
OF
COMPETENCY
Sec. 13. Examination
Required.
— All applicants for registration for the practice of the Maritime
Profession
shall be required to undergo and pass a written technical examination
as
provided for in this Act. When conditions and circumstances warrant,
the
Board may give walk-in examinations, subject to the approval of the
Commission.
Sec. 14. Qualifications
of Applicant for Examination. — Every applicant for examination
shall
establish the following requisites:cralaw:red
[a] He is a
citizen of
the
Philippines;
[b] He is of good
moral
character;
[c] He has met
standards
of medical fitness, particularly with good eyesight and hearing as
certified
by a Department of Health [DOH] accredited medical institution
conducting
physical and medical examinations for seafarers;
[d] In the case of
Marine
Deck/Engineer Officer, he must be a graduate of Bachelor of Science in
Maritime Transportation or Bachelor of Science in Marine Engineering in
a school, academy, institute, college or university duly recognized by
the Commission on Higher Education [CHED];
[e] For an applicant
taking
the examination other than that for the Marine Deck/Engineer Officer,
he
must have completed a course approved by the appropriate government
agency,
as defined in the rules and regulations implementing this Act.
Sec. 15. Fraudulent
Application.
— The Board may suspend or revoke any Certificate of Registration
obtained
through misrepresentation made in the application for examination.
Sec. 16. Scope of
Examination. — The subjects that shall be included in the
examination
for Marine Deck/Engineer Officer shall include, among others, the
following
major functions:cralaw:red
(1)
Navigation;
(2) Cargo Handling
and
Stowage;
(3) Controlling the
Operation
of the Ship and Care for the Persons On-Board;
(4) Marine
Engineering;
(5) Electrical,
Electronic
and Control Engineering;
(6) Maintenance and
Repair;
(7) Radio
Communications
at the following levels of responsibility:
(1)
Management Level
(2) Operation Level
The said subjects and their
syllabi may be amended by the Board so as to conform to technological
changes
brought about by continuing trends in the profession.
Sec. 17. Rating in
the Board Examinations. — To be qualified as having passed the
board
examination for Marine Deck/Engineer Officer, a candidate must obtain a
weighted general average of seventy percent [70%], with no grade lower
than sixty percent [60%] in any given subject. An examinee who obtains
a weighted general average rating of seventy percent [70%] but obtains
a rating below sixty percent [60%] in any given subject must take the
examination
in the subject or subjects where he obtained a grade below sixty
percent
[60%].
Sec. 18. Report of
Ratings. — The Board shall submit to the Commission the ratings
obtained
by each candidate within fifteen [15] days after the examination,
unless
extended for just cause. Upon the release of the results of the
examination,
the Board shall send by mail the rating received by each examinee at
his
given address using the mailing envelope submitted during the
examination.
Sec. 19. Re-Examination.
— An applicant who fails to pass the examination for the third time
shall
be allowed to take another examination only after the lapse of one year.
Sec. 20. Oath. —
All successful candidates in the examination shall be required to take
an oath of profession before the Board or any government official
authorized
to administer oaths, prior to entering upon the practice of the
Maritime
Profession.
Sec. 21. Certificate
of Registration and Certificate of Competency. — A Certificate of
Registration
shall be issued to applicants who pass the examination for Marine
Deck/Engineer
Officer, subject to payment of registration fees.
The Certificate of
Registration
of a marine professional shall bear the signature of the Chairman of
the
Board stamped with the official seal and signature of the Chairman of
the
Professional Regulation Commission indicating that the person named
therein
is a registered Marine Deck/Engineer Officer.
A Certificate of
Competency
bearing the registration number, date of issuance and expiry date duly
signed by the Chairman of the Board, shall likewise be issued to every
registrant, provided that the professional fees have been paid. No
person
shall practice as Marine Deck/Engineer Officer in this country unless
such
person shall have secured a Certificate of Competency to practice as
Marine
Deck/Engineer Officer in the manner herein provided. A holder of a
Certificate
of Competency is entitled to practice the profession with all the
privileges
appurtenant thereto until the expiration of the validity of his
Certificate
of Competency.
Sec. 22. Indication
of Certificate of Competency and Professional Tax Receipt. — The
Marine
Deck/Engineer Officer shall be required to indicate his Certificate of
Competency number, the duration of validity, including the professional
tax receipt number on the documents he signs, uses or issues in
connection
with the practice of his profession.
Sec. 23. Refusal to
Register. — The Board shall not register any successful examinee
who
has been convicted by a court of competent jurisdiction of any criminal
offense involving moral turpitude or has been found guilty of immoral
or
dishonorable conduct after investigation by the Board, or has been
declared
to be of unsound mind. The reason for refusal shall be set forth in
writing.
Sec. 24. Grounds
for
Suspension and Revocation of Certificate of Registration and
Certificate
of Competency, Cancellation of Special Dispensation. — The Board
shall
have the power, upon due notice and hearing, to revoke or suspend the
Certificate
of Competency of a Marine Deck/Engineer Officer, or to cancel a Special
Dispensation for cause, which includes but shall not be limited to: the
use or perpetration of any fraud or deceit in obtaining a Certificate
of
Registration, or for incompetence, negligence, or for the illegal
practice
of a Marine Deck/Engineer Officer; violation of the provisions of this
Act, its implementing Rules and Regulations and/or violations of
Policies
of the Board, including the Code of Ethics for Marine Deck/Engineer
Officers.
The action of the Board shall be final and executory without prejudice
to the right of the aggrieved party to appeal the same within fifteen
(15)
days from written notice, to the Commission.
Sec. 25. Reinstatement,
Re-issuance or Replacement of Certificate of Competency. — The
Board
may, upon application and for reasons deemed proper and sufficient,
reinstate
any revoked Certificate of Competency or reissue any suspended
Certificate
of Competency, and in so doing, may, in its discretion, exempt the
applicant
from taking another examination.
New Certificates of
Competency
to replace lost, destroyed or mutilated ones may be issued subject to
the
rules as implemented by the Board.
Sec. 26. Renewal of
Certificate of Competency. — The Certificate of Competency shall be
renewed upon satisfying the requirements imposed by the Board, and
payment
of the corresponding fees prescribed by the Board in accordance with
the
schedule of fees fixed by the Commission.
ARTICLE
VIPRACTICE
OF MARINE
DECK
AND ENGINEER OFFICER Sec. 27. Practice
of Merchant
Marine Profession. — No person shall practice or offer to practice
the merchant marine profession in the Philippines or offer himself as a
marine deck/engineer officer, or use the title, word, letter, figure or
any sign tending to convey the impression that he is a marine
deck/engineer
officer, or advertise or indicate in any manner whatsoever that he is
qualified
to perform the work of a marine deck/engineer officer unless he has
satisfactorily
passed the licensure examination given by the Board and is a holder of
a valid Certificate of Registration and Certificate of Competency duly
issued to him by the Board of Marine Deck/Engineer Officers.
In compliance with the
STCW
'78 convention and its amendments, the person holding senior merchant
marine
licenses namely, the master, chief officer, chief engineer and second
engineers
must be able to function under the management level of responsibility
while
the officers-in-charge of navigational and engineering watch must be
able
to function under the operational level of responsibility.
Sec. 28. Recognition
of Certificates. — A foreigner holding a Certificate of Competency
issued by his national administration in accordance with STCW '78
Convention,
as amended, requirements shall be issued special dispensation to serve
on board a Philippine registered vessel engaged in the international
trade:
Provided, That the Philippine Certificate of Competency issued and
endorsed
by the Board shall be reciprocally recognized by the said foreign
national
administration to allow the Filipino merchant marine to practice his
profession
on board the foreigner's flag vessel.
Sec. 29. Quality
Standards.
— The Boards shall establish a system of standards that shall be
subject
to external management assessment or audit in accordance with the STCW
'78 Convention, as amended.
Sec. 30. Funding
Provision.
— Such sums as may be necessary to carry out the provisions of this Act
shall be included in the General Appropriations Act of the year
following
its enactment into law and thereafter.
Sec. 31. Integration
of Marine Deck/Engineer Officers. — All marine deck/engineer
officers
shall be integrated into one [1] national organization which shall be
recognized
by the Board and by the Commission as the one and only integrated and
accredited
association of Marine Deck/Engineer Officers. A Marine Deck/Engineer
Officer
duly registered with the Board shall automatically become a member of
the
integrated and accredited association of Marine Deck/Engineer Officers,
and shall receive the benefits and privileges appurtenant thereto upon
payment of the required fees and dues. Membership in the integrated and
accredited association shall not be a bar to membership in other
associations
of marine deck/engineer officers.
Sec. 32. Code of
Ethics
for Marine Deck/Engineer Officers. — The Board shall adopt and
approve
the Code of Ethics for Marine Deck/Engineer Officers prescribed by the
integrated and accredited national association of Marine Deck/Engineer
Officers.
ARTICLE
VIIMISCELLANEOUS
PROVISIONS Sec. 33. Transitory
Provision.
—
[1] All
Certificates of
Registration and Certificates of Competency issued to merchant marine
officers
by the Commission prior to the enactment of this Act shall retain the
same
conditions imposed therein: Provided, That the subsequent upgrading,
renewal
or reclassification of such documents shall be in accordance with the
provisions
stated herein.
[2] The present
Boards
shall
continue to function in the interim until such time as the new Board
shall
be duly constituted pursuant to this Act.
Sec. 34. Implementing
Rules and Regulations. — Subject to the approval of the Commission,
the Board shall adopt and promulgate such rules and regulations,
including
the Code of Ethics for Marine Deck/Engineer Officers, to carry out the
provisions of this Act, which shall be effective after thirty (30) days
following their publication in the Official Gazette or in a major daily
newspaper of general circulation.
Sec. 35. Penal
Provision.
— A fine of not less than Twenty thousand pesos [P20,000.00] nor more
than
One hundred thousand pesos [P100,000.00] or imprisonment for a period
of
not less than one [1] year nor more than six [6] years or both such
fine
and imprisonment, at the discretion of the court shall be imposed upon:cralaw:red
[a] Any
person who
engages
in the practice of merchant marine profession or represents himself as
a Marine Deck or Engineer Officer without holding a valid certificate
of
registration and/or certificate of competency;
[b] Any person who
represents
or uses the certificate of registration and/or certificate of
competency
of another person;
[c] Any person who
shall
give any false or forged documents for the purpose of obtaining a
certificate
of registration and/or certificate of competency;
[d] Any person who
shall
use a revoked or suspended certificate of registration and/or invalid
or
expired professional license;
[e] Any person who
shall
assume, use or advertise the title of Marine Deck/Engineer Officer
under
his name, or any description to convey the impression that he is a
professional
marine deck/engineer officer without holding a valid certificate of
registration
and/or certificate of competency; and
[f] Any person who
shall
violate the provisions of this Act, its Implementing Rules and
Regulations
and the Code of Ethics for Marine Deck/Engineer Officers.
Sec. 36. Enforcement.
— The Professional Regulation Commission shall be the enforcement
agency
of the Board. As such, the Commission shall implement the concerned
provisions
of this Act, enforce its Implementing Rules and Regulations as adopted
by the Board, conduct investigations on complaints including violations
of the Code of Conduct of the profession and prosecute when so
warranted.
If necessary, the Commission may seek the assistance of other duly
constituted
authorities in the enforcement of the law.
Sec. 37. Separability
Clause. — If any clause, provision, paragraph or part hereof shall
be declared unconstitutional or invalid, such judgment shall not
affect,
invalidate or impair any other part hereof, but such judgment shall be
merely confined to the clause, provision, paragraph or part directly
involved
in the controversy in which such judgment has been rendered.
Sec. 38. Repealing
Clause. — Presidential Decree No. 97, as amended, and all other
laws,
decrees, executive orders, rules and regulations and other
administrative
issuances and parts thereof which are inconsistent with the provisions
of this Act are hereby repealed.
Sec. 39. Effectivity.
— This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or in any major newspaper of
general
circulation, whichever comes earlier.
Approved:
February 24, 1998
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