[ Act No. 3177, November 24, 1924 ]

AN ACT TO AMEND SECTIONS ELEVEN HUNDRED AND EIGHTY-FOUR, ELEVEN HUNDRED AND EIGHTY-FIVE, ELEVEN HUNDRED AND EIGHTY-NINE; ELEVEN HUNDRED AND NINETY-TWO, AND ELEVEN HUNDRED AND NINETY-EIGHT OF THE ADMINISTRATIVE CODE

Be  it  enacted by  the Semite and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1. Section eleven hundred and  eighty-four  of the Administrative Code,  as  amended by  Act Numbered. Twenty-eight  hundred  and  fifty-two,  is  hereby  further amended to read  as follows:

  "SEC. 1184.  Boards of Examiners for Marine Officers and Engineers.—There  shall  be maintained in  the Bureau of Customs at Manila two boards of examiners, one  for Marine Officers and the other  for Marine  Engineers.  The former shall consist of two master mariners in the service of the Philippine Government at Manila and one master mariner in the Philippine merchant marine; and the latter of two chief engineers in the service of the Philippine Government  at Manila and one chief engineer in the Philippine merchant marine.  The  Insular Collector  of  Customs  of Manila shall designate a competent person to act  as  secretary.   The members of said boards shall be appointed  by the Secretary of Finance at each call."

SEC. 2. Section eleven  hundred  and eighty-five of  the Administrative Code is hereby amended to read as  follows:

  "SEC.  1185. Functions of the  Boards.—It shall  be  the duty of said boards of examiners to conduct examinations of persons applying for certificate as marine officers or engineers under the provisions hereof, to certify the successful examinees in  such examinations for certificate as master, mate or marine engineer, as the case may be, and to exercise such other powers as are  herein conferred."

SEC. 3. The fourth paragraph of section  eleven  hundred and eighty-nine of said Act is hereby amended and another paragraph added at the end thereof, to read as follows:

"The board in examining  an applicant  for a  certificate as marine engineer shall inquire into his knowledge of the operation of marine machinery of all classes, also into  his practical experience,  character, and habits, and the board may,  in its discretion, make such practical tests and  examinations of the applicant as it may deem necessary to demonstrate  his fitness for the position for which  he seeks a certificate.

"The examinations shall be theoretical and practical and shall be in writing, and the questions shall be chosen by lot from an extensive permanent schedule of subjects prepared for each certificate as marine  officer or  marine engineer, which  schedule shall not be modified or extended  except upon one year's notice.   The papers shall not be signed, and the authors thereof shall be identified by means of slips enclosed in envelopes.  Both the schedule and  the regulations by which examinations are to be governed shall be prepared and promulgated by the boards of examiners  concerned, with the approval of the Secretary  of Finance."

SEC. 4.  Section  eleven  hundred and  ninety-two  of said Act is hereby amended by adding, at the end thereof, the following:

"(e) In order to give a legal status to persons who, upon or prior  to the approval of this Act, served as engineers on motor  vessels without having the proper certificate as marine engineer, and who are able to read and write English, Spanish, or any  of the Philippine dialects, such persons shall be permitted to take a practical test, without the requisites prescribed in subsections (a), (b), (c),  and  (d) of this section,  for  certificates as  chief motor engineer, second motor  engineer, third motor engineer, and fourth motor  engineer, upon compliance with the following conditions :

"1.  Chief engineer on motor vessel: Upon presentation of a certificate or certificates of service on motor vessels of one hundred and fifty  or more brake horsepower,  signed by the masters and  owners or operators thereof and duly sworn to before a notary public or other person authorized by law to administer oaths, showing that he served as engineer on such vessels  prior to the approval of this Act, for a  total  period of  not less  than five years, of which two or more years as chief  engineer.

"2.  Second engineer on motor vessel: Upon presentation of a certificate or certificates of service on motor  vessels of one hundred or more brake  horsepower, signed  by the masters and  owners or operators thereof and duly sworn to before a notary  public or other person  authorized  by law to administer oaths, showing that  he  served  as engineer on such vessels, prior to the approval of this Act, for a  total period of  not less than four years, of Which two or more as second engineer.

"3.  Third, engineer on motor vessel: Upon presentation of a certificate or certificates of service  on motor  vessels of seventy-five or more brake horsepower, signed  by the masters and  owners or  operators thereof and duly sworn to before a notary public or other person authorized by law to administer  oaths,  showing that he served as.engineer.on such vessels, prior to the approval of  this Act, for three years,  of which two  or more as third engineer.

"4.  Fourth  engineer on motor vessel: Upon presentation of a certificate or certificates of service on motor  vessels of twenty or  more brake horsepower, signed by the masters and owners or operators  thereof and duly sworn to before a notary public or other person authorized by  law to administer oaths, showing that he served on such vessel, prior to the approval of this Act, for a total period of not less than  two years.

"The certificates mentioned in paragraphs 1, 2, 3, and 4 of this subsection shall be deemed public documents  and as such subject to the civil and criminal liabilities prescribed by law.

"For the purposes of the practical tests authorized by this subsection, the Secretary of Finance is hereby empowered to order such tests to be held in the ports of Cebu, Iloilo,  and Zamboanga, besides the  port of Manila.   When said tests are held in the ports of Cebu,  Iloilo, and Zamboanga, only two  members of the  board  shall  sit in said ports,  and in such  cases the official boiler  inspector of the port concerned  or  any  other engineer having  the  qualifications prescribed  in section eleven  hundred  and  eighty- four who  may be appointed in his  stead, shall  act as third member of the  board.

"(f) Persons who have successfully passed the special tests provided for in subsection (e) hereof may only  act as engineers on motor vessels subject  to the terms  and conditions established in subsections (i)  and (j) of section twelve hundred  and three: Provided, That  every motor vessel equipped  with  auxiliary  steam  machinery, such as capstans,  cargo  winches, pumps, ice machines, servomotors, electric-light dynamos, etc., shall, in addition to their complement, carry at least a fourth marine engineer:  Provided, further,  That nothing provided in this Act shall be  construed as  depriving  the holders of certificates as  marine engineer of the right to ship on vessels propelled by engines of any class.

"(g) Persons holding certificates as steam engineers upon or prior to the approval  of this Act shall be entitled to have such certificates exchanged free of charge for certificates as marine engineers of the same  category."

SEC. 5.  Section eleven hundred and ninety-eight of said Act is hereby amended to read as follows:

"SEC. 1198.  Suspension or revocation of licenses or certificates.—All  charges  preferred  against the holders  of licenses or certificates in connection with  marine accidents shall be filed with the Insular Collector  of Customs who, by the Boards  of  Marine Examiners, acting jointly,  with the Insular Collector of Customs or such member of either of said boards as he may designate,  presiding, shall investigate and decide the complaint, giving the party an opportunity to be heard in his defense, and the  decision of the Insular Collector of  Customs by which he may suspend or cancel any officer's license  on account  of misconduct, intemperate habits,  incapacity or  inattention  to  duty on the part of the licensee  or holder of a certificate  shall not be effective  until approved by the Department  Head, to whom an appeal shall lie in all such  cases."

SEC. 6. This Act shall take effect  on its approval.

Approved, November 24, 1924.