[ MIA MEMORANDUM CIRCULAR NO. 129, July 15, 1998 ]
RULES ON THE ISSUANCE OF CERTIFICATES AND ENDORSEMENTS FOR NEW ENTRANTS IN ACCORDANCE WITH THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS (STCW), 1978, AS AMENDED
Pursuant to Section 12 (e) of Executive Order No. 125, as amended, and in consonance with the Philippines accession to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers (STCW), 1978, through the Instrument of Accession dated 11 January 1984, and pursuant further to Section 2, Article II of the 1987 Philippine Constitution which states that the Philippines adopts the generally accepted principles of international law as part of the law of the land, and Executive Order No. 396 designating the Maritime Industry Authority (MARINA) as the lead agency in the Implementation of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended, the following rules in the issuance of Certificates and Endorsements are hereby prescribed:
I
Objective
To ensure that all Philippine seafarers are properly certificated, qualified, competent and medically fit for the proper performance of functions onboard seagoing ships in accordance with the Convention.
II
Coverage
These rules shall apply to all Philippine seafarers serving onboard seagoing ships who have commenced approved seagoing service, an approved education and training programme or an approved training course on or after 01 June 1998 or School Year 1998-1999, except those onboard:
1. warships, naval auxilliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service;
2. fishing vessels;
3. pleasure yachts not engaged in trade; or
4. wooden ships of primitive build.
These rules shall also apply to those existing Philippine seafarers applying for the renewal or revalidation or replacement of lost/damaged Certificates and Endorsements under the 1995 amendments.
III
Definition of Terms
For purposes of this Circular:
1. Administration refers to the MARINA pursuant to the Implementing Rules and Regulations of Executive Order No. 395.
2. Convention refers to the International Convention of Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. Reference to the Convention constitutes at the same time, reference to the Annex and the STCW Code.
3. New Entrants refer to all Philippine seafarers onboard seagoing ships who commenced approved seagoing service, an approved education and training programme or an approved training course on or after 01 June 1998 or School Year 1998-1999.
4. Existing Seafarers refer to all Philippine seafarers serving onboard seagoing ships who had commenced approved seagoing service, an approved education and training programme or an approved training course prior to 01 June 1998.
5. Certificate refers to the STCW Certificate issued by the Administration authorizing the holder to serve as stated in this document.
6. Fishing Vessel means a vessel used for catching fish, whales, seals, wairus or other living resources of the sea.
7. 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.
8. Management Level means the level of responsibility associated with:
IV
General Principles and Policies
1. All Philippine seafarers serving onboard seagoing ships shall be properly certificated in accordance with this Circular.
2. Certificates issued for masters and officers shall be endorsed by the Administration in a form prescribed under the Convention.
3. All existing seafarers with Certificates and Endorsements issued under the 1995 Amendments are deemed to have satisfied the qualification requirements set forth herein.
4. Application for issuance of Certificates and Endorsements and other documents shall be personally filed by the applicant. The application may, however, be filed, on behalf of the seafarer, by the duly authorized representative of the company in cases of renewal, replacement of lost or damaged Certificates, or promotion onboard.
5. Applications shall be filed at the MARINA Central Office (MCO) or at any of its authorized Maritime Regional Offices (MROs).
6. Certificates under Chapters IV (Radiocommunication and Radio Personnel), or V (Special Training Requirements for Personnel on Certain Types of Ships, or VI (Emergency, Occupational Safety, Medical Care and Survival Functions) may be issued together with Certificates under Chapters II (Master and Deck Department) or III (Engine Department) of the Convention, or issued separately as appropriate.
7. The Administration hereby adopts the following procedural framework* in the issuance of Certificates and Endorsements.
V
Mandatory Minimum Qualification Requirements for Certification
A. Master and Deck Department
1. Officers in Charge of a Navigational Watch on ships of 500 gross tonnage or more.
2. Masters and Chief Mates on ships of 3,000 gross tonnage or more
3. Masters and Chief Mates on ships between 500 and 3000 gross tonnage.
4. Officers in Charge of a Navigational Watch on Ships of Less than 500 Gross Tonnage Not Engaged on Near-Coastal Voyages
5. Masters on Ships of less than 500 gross tonnage not engaged on near-coastal voyages.
6.Officers in charge of a navigational watch on seagoing ships of less than 500 gross tonnage engaged on near-coastal voyages.
7. Masters on Ships of less than 500 gross tonnage engaged on near-coastal voyages.
8. Ratings forming part of a navigational watch
B. Engine Department
1. Officers in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room of 750 kW propulsion power or more.
2. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3,000 kW propulsion power or more.
3. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power.
4. Chief engineer officer on ships powered by main propulsion machinery of less than 3,000 kW propulsion power.
5. Ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room
C. Radiocommunication and Radio Personnel
1. Radio personnel on ships not required to comply with the provisions of the GMDSS
2. GMDSS Radio Personnel
D. Special Training Requirements for the Training and Qualification of Masters, Officers and Ratings on Tankers
E. Special Training Requirements for the Qualification of Masters, Officers, Ratings and Other Personnel on Ro-Ro Passenger Ships
F. Emergency, Occupational Safety, Medical Care and Survival Functions
G. Additional Mandatory Training Requirements
VI
Documentary Requirements
VII
Validity of Certificate
The Certificate and Endorsement shall be valid for five (5) years from date of Issuance.
Renewal/Revalidation of Certificate and Endorsement shall be in compliance with Regulation 1/11 of the Convention.
VIII
Schedule of Fees
IX
Administrative Penalties/Measures
1. Any seafarer who shall go onboard a seagoing ship, and/or a shipping company/manning/shipping agency which will allow a seafarer to go onboard/join a seagoing ship without holding a Certificate appropriate to his function as required by the Convention shall be held jointly and severally liable as follows:
2. A seafarer who shall misrepresent, or submit any false statement, fraudulent or tampered or irregularly issued licenses in the application for the issuance of Certificate shall be liable to pay the following fines:
3. Any seafarer/company found to have secured or in possession of fake or fraudulent Certificate or has obtained said Certificate by fraud, shall be liable to pay the aforecited fines and shall be subject to criminal prosecution under the Revised Penal Code.
4. Shipowners/operators manning/shipping agencies requesting the issuance of Certificates for and in behalf of seafarers shall be liable for the false statement or misrepresentation, fraudulent or spurious or tampered licenses, or documents submitted where said shipowners/operators, manning/shipping agencies or any of their employees or liaison officers/messengers have consented or participated in the misrepresentation or in tampering/securing the questioned licenses, and/or documents from any source:
X
Repealing Clause
Any circular, rules, issuances, or any part thereof inconsistent herewith are hereby repealed.
XI
Effectivity
This Memorandum Circular shall take effect immediately after its publication once in a newspaper of general circulation.
Adopted: 15 July 1998
BY AUTHORITY OF THE BOARD:
(SGD.) AGUSTIN R. BENGZON
Administrator
* See Appendix 3
[1] The original copies of pertinent documents or their authenticated copies must be available for verification purposes.
[2] Medical certificate must have been issued within the current year and shall cover the following:
1. Complete physical examination
2. Chest X-ray using plates not smaller than 11 "x14"
3. Complete blood count (CBC) including hemoglobin determination
4. Blood typing
5. Urinalysis
6. Stool Examination
7. Dental Examination
8. Psychological Examination
9. Visual acuity with emphasis on color perception:
11. Speech clarity test for radio officers
12. Test for HIV antibodies, hepatitis-B antigen or VDRL when required by a country or destination
I
Objective
To ensure that all Philippine seafarers are properly certificated, qualified, competent and medically fit for the proper performance of functions onboard seagoing ships in accordance with the Convention.
II
Coverage
These rules shall apply to all Philippine seafarers serving onboard seagoing ships who have commenced approved seagoing service, an approved education and training programme or an approved training course on or after 01 June 1998 or School Year 1998-1999, except those onboard:
1. warships, naval auxilliaries or other ships owned or operated by a State and engaged only on governmental non-commercial service;
2. fishing vessels;
3. pleasure yachts not engaged in trade; or
4. wooden ships of primitive build.
These rules shall also apply to those existing Philippine seafarers applying for the renewal or revalidation or replacement of lost/damaged Certificates and Endorsements under the 1995 amendments.
III
Definition of Terms
For purposes of this Circular:
1. Administration refers to the MARINA pursuant to the Implementing Rules and Regulations of Executive Order No. 395.
2. Convention refers to the International Convention of Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, as amended. Reference to the Convention constitutes at the same time, reference to the Annex and the STCW Code.
3. New Entrants refer to all Philippine seafarers onboard seagoing ships who commenced approved seagoing service, an approved education and training programme or an approved training course on or after 01 June 1998 or School Year 1998-1999.
4. Existing Seafarers refer to all Philippine seafarers serving onboard seagoing ships who had commenced approved seagoing service, an approved education and training programme or an approved training course prior to 01 June 1998.
5. Certificate refers to the STCW Certificate issued by the Administration authorizing the holder to serve as stated in this document.
6. Fishing Vessel means a vessel used for catching fish, whales, seals, wairus or other living resources of the sea.
7. 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.
8. Management Level means the level of responsibility associated with:
- Serving as master, chief mate, chief engineer or second engineer officer onboard a seagoing ship; and9. Operational Level means the responsibility associated with:
- ensuring that all functions within the designated area of responsibility are properly performed.
- serving as officer-in-charge of a navigational watch or as designated duty engineer for periodically unmanned machinery spaces or as radio operator onboard a seagoing ship; and10. Support Level means the level of responsibility associated with performing assigned tasks, duties, and responsibilities onboard a seagoing ship under the direction of an individual serving in the operational or management level.
- maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility.
IV
General Principles and Policies
1. All Philippine seafarers serving onboard seagoing ships shall be properly certificated in accordance with this Circular.
2. Certificates issued for masters and officers shall be endorsed by the Administration in a form prescribed under the Convention.
3. All existing seafarers with Certificates and Endorsements issued under the 1995 Amendments are deemed to have satisfied the qualification requirements set forth herein.
4. Application for issuance of Certificates and Endorsements and other documents shall be personally filed by the applicant. The application may, however, be filed, on behalf of the seafarer, by the duly authorized representative of the company in cases of renewal, replacement of lost or damaged Certificates, or promotion onboard.
5. Applications shall be filed at the MARINA Central Office (MCO) or at any of its authorized Maritime Regional Offices (MROs).
6. Certificates under Chapters IV (Radiocommunication and Radio Personnel), or V (Special Training Requirements for Personnel on Certain Types of Ships, or VI (Emergency, Occupational Safety, Medical Care and Survival Functions) may be issued together with Certificates under Chapters II (Master and Deck Department) or III (Engine Department) of the Convention, or issued separately as appropriate.
7. The Administration hereby adopts the following procedural framework* in the issuance of Certificates and Endorsements.
Mandatory Minimum Qualification Requirements for Certification
A. Master and Deck Department
1. Officers in Charge of a Navigational Watch on ships of 500 gross tonnage or more.
Age | Not less than 18 years old |
Medical | Medically fit particularly good eyesight and hearing |
Education | Graduate of Bachelor of Science in Marine Transportation (BSMT) |
Seagoing Service | 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or 12 months approved apprenticeship/shipboard training documented in an approved Training Record Book which includes six months bridge watchkeeping duties. |
Examination/License | Must have passed the licensure examination Third Mate Second Mate |
Regulation | II/1 |
2. Masters and Chief Mates on ships of 3,000 gross tonnage or more
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course | |
Seagoing Service | Master | Chief Mate |
36 months as officer in charge of a navigational watch; or 12 months as chief mate and 12 months as officer in charge of a navigational watch. | 12 months as officer in charge of a navigational watch. | |
Examination/License | Must have passed the licensure examination Master | |
Master | Chief Mate | |
Regulation | II/2, para 1 & 2 |
3. Masters and Chief Mates on ships between 500 and 3000 gross tonnage.
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course | |
Seagoing Service | Master | Chief Mate |
36 months as officer in charge of a navigational watch; or 12 months as chief mate and 12 months as officer in charge of a navigational watch. | 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties on board ships of 500 gross tonnage or more; or 12 months approved apprenticeship/shipboard training on board ships of 500 gross tonnage or more documented in an approved Training Record Book which includes six months keeping duties. bridge watchkeeping duties | |
Examination/License | Must have passed the licensure examination Master | |
Master | Chief Mate | |
Regulation | II/2, para 3 & 4 |
4. Officers in Charge of a Navigational Watch on Ships of Less than 500 Gross Tonnage Not Engaged on Near-Coastal Voyages
Age | Not less than 18 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Bachelor of Science in Marine Transportation (BSMT) | |
Seagoing Service | 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or 12 months approved apprenticeship/ shipboard training documented in an approved Training Record Book which includes six months bridge watch keeping duties | |
Examination/License | Must have passed the licensure examination | |
Third Mate | Second Mate | |
Regulation | II/3, para 1 |
5. Masters on Ships of less than 500 gross tonnage not engaged on near-coastal voyages.
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course | |
Seagoing Service | 36 months as officer in charge of a navigational watch; or 12 months as chief mate and 12 months as officer in charge of a navigational watch | |
Examination/License | Must have passed the licensure examination | |
Master | ||
Regulation | II/3, para 2 |
6.Officers in charge of a navigational watch on seagoing ships of less than 500 gross tonnage engaged on near-coastal voyages.
Age | Not less than 18 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Bachelor of Science in Marine Transportation (BSMT) | |
Seagoing Service | 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or 12 months approved apprenticeship/shipboard training documented in an approved Training Record Book which includes six months bridge watchkeeping duties. | |
Examination/License | Must have passed the licensure examination. | |
Third Mate | Second Mate | |
Regulation | II/3. para 3 and 4 |
7. Masters on Ships of less than 500 gross tonnage engaged on near-coastal voyages.
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course | |
Seagoing Service | 12 months as officer in charge of a navigational watch | |
Examination/License | Must have passed the licensure examination | |
Chief Mate duly endorsed | ||
Regulation | II/3, para 5 and 6 |
8. Ratings forming part of a navigational watch
Age | Not less than 16 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education&Training | Must have undertaken the Seafarers Deck Ratings Course including an approved seagoing service associated with navigational watchkeeping function of not less than 2 months or 6 months training and experience to include Basic Safety Course |
|
Seagoing Service | As stated above | |
Examination/License | TESDA Certificate | |
Regulation | II/4 |
B. Engine Department
1. Officers in charge of an engineering watch in a manned engine-room or designated duty engineers in a periodically unmanned engine-room of 750 kW propulsion power or more.
Age | Not less than 18 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Bachelor of Science in Marine Engineering (BSMarE) |
|
Seagoing Service | 6 months approved seagoing service in the engine department | |
Examination/License | Must have passed the licensure examination | |
Fourth Engineer | Third Engineer | |
Regulation | III/1 |
2. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3,000 kW propulsion power or more.
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course |
|
Seagoing Service | Chief Engineer | Second Engineer |
36 months as second engineer officer of which not less than 12 months as an engineer officer in a position of responsibility while qualified to serve as second engineer | 12 months approved sea-going service in the engine department as assistant engineer officer or engineer officer. | |
Examination/License | Must have passed the licensure examination | |
Chief Marine Engineer | Second Marine Engineer | |
Regulation | III/2 |
3. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of between 750 kW and 3,000 kW propulsion power.
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course |
|
Seagoing Service | Chief Engineer | Second Engineer |
24 months as second engineer officer of which not less than 12 months as an engineer officer in a position of responsibility while qualified to serve as second engineer. | 12 months approved seagoing service in the engine department as assistant engineer officer or engineer officer. | |
Examination/License | Must have passed the licensure examination | |
Chief Marine Engineer | Second Marine Engineer | |
Regulation | III/3, para 1 & 2 |
4. Chief engineer officer on ships powered by main propulsion machinery of less than 3,000 kW propulsion power.
Age | Not less than 20 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education | Graduate of Management Level Course |
|
Seagoing/Service | 12 months approved seagoing service in the engine department as assistant engineer or engineer officer on ships powered by main propulsion of 3,000 kW propulsion power or more. | |
Examination/License | Must have passed the licensure examination Second Marine Engineer duly endorsed | |
Regulation | III/3, para 3 |
5. Ratings forming part of a watch in a manned engine-room or designated to perform duties in a periodically unmanned engine-room
Age | Not less than 16 years old | |
Medical | Medically fit particularly good eyesight and hearing | |
Education&Training | Must have undertaken the Seafarers Engine Ratings Course including an approved seagoing experience with watchkeeping function of 2 months in the engine department or 6 months training and experience to include Basic Safety Course |
|
Seagoing Service | As stated above | |
Examination/License | TESDA Certificate | |
Regulation | III/4 |
C. Radiocommunication and Radio Personnel
1. Radio personnel on ships not required to comply with the provisions of the GMDSS
Age | Not less than 18 years old | |
Medical | Medically fit particularly good eyesight and hearing |
|
Education&Training | Must have undertaken the following: |
|
1. Radio Operator s Course; and | ||
2. Basic Safety Courses | ||
Seagoing Service | Not required to comply with the provisions of GMDSS |
|
Examination/License | Ship s Restricted Radio Operator s Certificate |
|
Regulation | IV/1 |
2. GMDSS Radio Personnel
Age | Not less than 18 years old | |
Medical | Medically fit particularly good eyesight and hearing |
|
Education&Training | Must have undertaken the GMDSS Course |
|
Seagoing Service | Not required to comply with the provisions of GMDSS | |
Examination/License | General Operator s Certificate | |
Regulation | IV/2 |
D. Special Training Requirements for the Training and Qualification of Masters, Officers and Ratings on Tankers
Requirements | Officers in Charge and Deck/Engine Rating | Master, Chief Engineer Officer, Chief Mate, Second Engineer Officer and any person with immediate responsibility for loading, discharging and care in transit (pumpman/ cargo engineers) |
Training/Seagoing | 1. Shore-based fire-fighting and |
Relevant Specialized Training Program on Oil Tanker, Chemical Tanker or Liquefied Gas Tanker |
2. General Tanker Familiarization Course; or |
1. Shore-based fire-fighting; and | |
2.1. at least three months approved seagoing service on tankers; or | 2. General Tanker Familiarization; or | |
2.2. at least one month supervised seagoing service provided that: | 2.1 at least three months approved seagoing service on tankers; and | |
2.2.1 The tanker is less than 3,000 gross tonnage; |
3. Relevant specialized training program on oil tanker, chemical tanker or liquefied gas tanker. | |
2.2.2 the duration of each voyage on which the tanker is engaged during the period does not exceed 72 hours; and | 4. Must have at least 3 months approved experience appropriate to their duties on type of tanker on which they serve. | |
2.2.3 the operational characteristics of the tanker and the number of voyages and loading and discharging operations completed during the period, allow the same level of knowledge and experience to be acquired. |
||
Regulation | Reg. V/1, para 1 |
Reg. V/1, para 2 |
E. Special Training Requirements for the Qualification of Masters, Officers, Ratings and Other Personnel on Ro-Ro Passenger Ships
Position | Training | Regulation |
Masters, officers, and other personnel | 1. Crowd Management | V/2. para 4 |
Masters, officers, and other personnel | 2. Familiarization | V/2, para 5 |
Personnel providing direct service to passengers in passenger spaces | 3. Safety Training | V/2, para 6 |
Masters, officers, and personnel | 4. Passenger Safety, Cargo Safety and Hull Integrity | V/2. para 7 |
Masters, Officers, and other personnel | 5. Crisis Management and Human Behavior | V/2, para 8 |
F. Emergency, Occupational Safety, Medical Care and Survival Functions
Masters, officers and deck/engine ratings | |
Training | 1. Survival craft and rescue boats; and |
2. Fast rescue boats (if applicable) | |
Regulation | VI/2, para 2 |
G. Additional Mandatory Training Requirements
Position | Training Course | Regulation |
All seafarers | Basic Safety | VI/1 |
Masters and Chief Mates |
Advanced Fire Fighting Medical Care GMDSS |
VI/3 VI/4, par. 2 IV/2 |
Officers in Charge | Advanced Fire Fighting Medical First Aid GMDSS |
VI/3 VI/4, par. 1 IV/2 |
Chief Engineers and | Advanced Fire Fighting Medical First Aid |
VI/3 VI/4, par. 1 |
Documentary Requirements
A. New[1] |
B. Renewal/Revalidation |
C. Replacement of Lost/Damaged Certificate |
1. Duly accomplished application form |
1. Duly accomplished application form |
1. Duly accomplished application |
2. Valid PRC and/or NTC Certificates |
2. Previously issued certificate |
2. Affidavit |
3. Photocopy of medical certificate[2] |
3. Photocopy of medical certificate[2] |
3. Proof of previously issued certificate |
4. SIRB-one photocopy each of pages one and two and all other pages reflecting sea service (In case of lost/ damaged SIRB, any acceptable substitute documentary proof of sea service and affidavit shall be required) |
4. Photocopy of SIRB reflecting sea service with at least one year within the last five years. |
|
5. Training certificates as appropriate |
VII
Validity of Certificate
The Certificate and Endorsement shall be valid for five (5) years from date of Issuance.
Renewal/Revalidation of Certificate and Endorsement shall be in compliance with Regulation 1/11 of the Convention.
Schedule of Fees
1. New issuance of Certificate/Renewal Revalidation | |
a. Regular Processing | - P 500.00 per issuance |
b. Expedite Processing | - P 700 per issuance |
2.Replacement of Lost/Damaged Certificates | -P 600 per certificate |
3. Authentication of Certificates/Documents | -P 25.00 per certificate/type of document |
Administrative Penalties/Measures
1. Any seafarer who shall go onboard a seagoing ship, and/or a shipping company/manning/shipping agency which will allow a seafarer to go onboard/join a seagoing ship without holding a Certificate appropriate to his function as required by the Convention shall be held jointly and severally liable as follows:
Seafarer | Manning Agency | Shipping Company |
|
First Violation |
P 2,000.00 | P 10,000.00 | P 15,000.00 |
Second Violation |
P 3,000.00 | P 15,000.00 | P 25,000.00 |
Third and Succeeding Violation |
P 5,000.00 | P 20,000.00 | P 50,000.00 |
2. A seafarer who shall misrepresent, or submit any false statement, fraudulent or tampered or irregularly issued licenses in the application for the issuance of Certificate shall be liable to pay the following fines:
Position/ Violation |
First | Second | Third and Succeeding |
Master Mariner |
P 7,000.00 | P 14,000.00 | P 28,000.00 |
Chief Engineer |
P 6,000.00 | P 12,000.00 | P 20,000.00 |
Chief Mate/ Second Engineer |
P 5,000.00 | P 10,000.00 | P 20,000.00 |
Second Mate/ Third Engineer/ Radio Officer |
P 4,000.00 | P 8,000.00 | P 16,000.00 |
Ratings and Others |
P 2,000.00 | P 4,000.00 | P 8,000.00 |
2.1 Penalties for third and succeeding violations shall include recommendation to appropriate government agency for suspension or disqualification to practice profession
3. Any seafarer/company found to have secured or in possession of fake or fraudulent Certificate or has obtained said Certificate by fraud, shall be liable to pay the aforecited fines and shall be subject to criminal prosecution under the Revised Penal Code.
4. Shipowners/operators manning/shipping agencies requesting the issuance of Certificates for and in behalf of seafarers shall be liable for the false statement or misrepresentation, fraudulent or spurious or tampered licenses, or documents submitted where said shipowners/operators, manning/shipping agencies or any of their employees or liaison officers/messengers have consented or participated in the misrepresentation or in tampering/securing the questioned licenses, and/or documents from any source:
First violation | P 25,000.00 |
Second Violation | P 30,000.00 |
Third and Succeeding violations | P 100,000.00 |
and recommendation for cancellation of the company s license issued by appropriate government agency |
4.1 In addition to the foregoing fines, the responsible official of the company or agency and employee, liaison officer/messenger shall be subject to criminal prosecution under the Revised Penal Code.5. Shipping companies, shipping agencies and manning agencies shall be required to post or cause the posting of this Circular in conspicuous places in their offices and onboard vessels with Philippine seafarers employed.
4.2 The above penalties shall not prejudice other actions taken or to be taken by other concerned agencies/entities.
X
Repealing Clause
Any circular, rules, issuances, or any part thereof inconsistent herewith are hereby repealed.
XI
Effectivity
This Memorandum Circular shall take effect immediately after its publication once in a newspaper of general circulation.
Adopted: 15 July 1998
BY AUTHORITY OF THE BOARD:
(SGD.) AGUSTIN R. BENGZON
Administrator
* See Appendix 3
[1] The original copies of pertinent documents or their authenticated copies must be available for verification purposes.
[2] Medical certificate must have been issued within the current year and shall cover the following:
1. Complete physical examination
2. Chest X-ray using plates not smaller than 11 "x14"
3. Complete blood count (CBC) including hemoglobin determination
4. Blood typing
5. Urinalysis
6. Stool Examination
7. Dental Examination
8. Psychological Examination
9. Visual acuity with emphasis on color perception:
a. For deck officers and ratings with navigational watchkeeping duties-Ishihara test; and10. Hearing and audiometry tests for all officers, deck/engine watchkeepers and Radio officers
b. For engine officers and ratings performing watchkeeping duties in the Engine room - Primary color test
11. Speech clarity test for radio officers
12. Test for HIV antibodies, hepatitis-B antigen or VDRL when required by a country or destination