Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

(NAR) VOL. 9 NO. 3 / JULY - SEPTEMBER 1998

[ 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:
—  Serving as master, chief mate, chief engineer or second engineer officer onboard a seagoing ship; and

—  ensuring that all functions within the designated area of responsibility are properly performed.
9. Operational Level means the responsibility associated with:
—  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; and

—  maintaining direct control over the performance of all functions within the designated area of responsibility in accordance with proper procedures and under the direction of an individual serving in the management level for that area of responsibility.
10. 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.

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.

AgeNot less than 18 years old
MedicalMedically fit particularly good eyesight and hearing
EducationGraduate of Bachelor of Science in Marine Transportation (BSMT)
Seagoing Service36 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/LicenseMust have passed the licensure examination Third Mate Second Mate
RegulationII/1

2. Masters and Chief Mates on ships of 3,000 gross tonnage or more

AgeNot less than 20 years old  
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Management Level Course 
Seagoing Service MasterChief 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/LicenseMust have passed the licensure examination Master 
 MasterChief Mate
RegulationII/2, para 1 & 2  

3. Masters and Chief Mates on ships between 500 and 3000 gross tonnage.

AgeNot less than 20 years old  
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Management Level Course 
Seagoing Service MasterChief 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/LicenseMust have passed the licensure examination Master 
 MasterChief Mate
RegulationII/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

AgeNot less than 18 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate 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/LicenseMust have passed the licensure examination 
 Third MateSecond Mate
RegulationII/3, para 1 

5. Masters on Ships of less than 500 gross tonnage not engaged on near-coastal voyages.

AgeNot less than 20 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate 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/LicenseMust have passed the licensure examination 
 Master 
RegulationII/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.

AgeNot less than 18 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate 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/LicenseMust have passed the licensure examination. 
 Third MateSecond Mate
RegulationII/3. para 3 and 4 

7. Masters on Ships of less than 500 gross tonnage engaged on near-coastal voyages.

AgeNot less than 20 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Management Level Course 
Seagoing Service 12 months as officer in charge of a navigational watch 
Examination/LicenseMust have passed the licensure examination 
 Chief Mate duly endorsed 
RegulationII/3, para 5 and 6 

8. Ratings forming part of a navigational watch

AgeNot less than 16 years old 
MedicalMedically 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/LicenseTESDA Certificate 
RegulationII/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.

AgeNot less than 18 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Bachelor of Science in Marine Engineering (BSMarE)
 
Seagoing Service6 months approved seagoing service in the engine department 
Examination/LicenseMust have passed the licensure examination 
 Fourth EngineerThird Engineer
RegulationIII/1 

2. Chief engineer officers and second engineer officers on ships powered by main propulsion machinery of 3,000 kW propulsion power or more.

AgeNot less than 20 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Management Level Course
 
Seagoing ServiceChief EngineerSecond 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 engineer12 months approved sea-going service in the engine department as assistant engineer officer or engineer officer.
Examination/LicenseMust have passed the licensure examination 
 Chief Marine EngineerSecond Marine Engineer
RegulationIII/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.

AgeNot less than 20 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Management Level Course
 
Seagoing ServiceChief EngineerSecond 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/LicenseMust have passed the licensure examination 
 Chief Marine EngineerSecond Marine Engineer
RegulationIII/3, para 1 & 2 

4. Chief engineer officer on ships powered by main propulsion machinery of less than 3,000 kW propulsion power.

AgeNot less than 20 years old 
MedicalMedically fit particularly good eyesight and hearing 
EducationGraduate of Management Level Course
 
Seagoing/Service12 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/LicenseMust have passed the licensure examination Second Marine Engineer duly endorsed 
RegulationIII/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

AgeNot less than 16 years old 
MedicalMedically fit particularly good eyesight and hearing 
Education&TrainingMust 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 ServiceAs stated above 
Examination/LicenseTESDA Certificate 
Regulation III/4
 

C. Radiocommunication and Radio Personnel

1. Radio personnel on ships not required to comply with the provisions of the GMDSS

AgeNot less than 18 years old 
MedicalMedically fit particularly good eyesight and hearing
 
Education&TrainingMust 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

AgeNot less than 18 years old 
MedicalMedically fit particularly good eyesight and hearing
 
Education&TrainingMust have undertaken the GMDSS Course
 
Seagoing ServiceNot required to comply with the provisions of GMDSS 
Examination/LicenseGeneral Operator’s Certificate 
Regulation IV/2
 

D. Special Training Requirements for the Training and Qualification of Masters, Officers and Ratings on Tankers

RequirementsOfficers in Charge and Deck/Engine RatingMaster, 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/Seagoing1. 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; or2. 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; and4. 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

PositionTrainingRegulation
Masters, officers, and other personnel1. Crowd ManagementV/2. para 4
Masters, officers, and other personnel2. FamiliarizationV/2, para 5
Personnel providing direct service to passengers in passenger spaces3. Safety TrainingV/2, para 6
Masters, officers, and personnel4. Passenger Safety, Cargo Safety and Hull IntegrityV/2. para 7
Masters, Officers, and other personnel5. Crisis Management and Human BehaviorV/2, para 8

F. Emergency, Occupational Safety, Medical Care and Survival Functions

 Masters, officers and deck/engine ratings
Training1. Survival craft and rescue boats; and
 2. Fast rescue boats (if applicable)
RegulationVI/2, para 2

G. Additional Mandatory Training Requirements

PositionTraining CourseRegulation
All seafarersBasic SafetyVI/1
Masters and Chief
Mates
Advanced Fire Fighting
 Medical Care GMDSS
VI/3
VI/4, par. 2
IV/2
Officers in ChargeAdvanced Fire Fighting
Medical First Aid GMDSS
VI/3
VI/4, par. 1
IV/2
Chief Engineers andAdvanced Fire Fighting
Medical First Aid
VI/3
VI/4, par. 1

VI
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.

VIII
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

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:
 
 SeafarerManning AgencyShipping
Company
First
Violation
P 2,000.00P 10,000.00P 15,000.00
Second
Violation
P 3,000.00P 15,000.00P 25,000.00
Third and
Succeeding
Violation
P 5,000.00P 20,000.00P 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
FirstSecondThird and Succeeding
Master
Mariner
P 7,000.00P 14,000.00P 28,000.00
Chief
Engineer
P 6,000.00P 12,000.00P 20,000.00
Chief Mate/
Second
Engineer
P 5,000.00P 10,000.00P 20,000.00
Second Mate/
Third Engineer/
Radio Officer
P 4,000.00P 8,000.00P 16,000.00
Ratings and
Others
P 2,000.00P 4,000.00P 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 violationP 25,000.00
Second ViolationP 30,000.00
Third and Succeeding violationsP 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.

4.2    The above penalties shall not prejudice other actions taken or to be taken by other concerned agencies/entities.
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.

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; and
       b. For engine officers and ratings performing watchkeeping duties in the Engine room — Primary color test    
10. Hearing and audiometry tests for all officers, deck/engine watchkeepers and Radio officers
11. Speech clarity test for radio officers
12. Test for HIV antibodies, hepatitis-B antigen or VDRL when required by a country or destination


© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.