Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

(NAR) VOL.8 NO. 4 / OCTOBER - DECEMBER 1997

[ MIA MEMORANDUM CIRCULAR NO. 126, October 14, 1997 ]

REVISED GUIDELINES ON THE ISSUANCE OF ENDORSEMENT OF CERTIFICATES IN ACCORDANCE WITH THE 1978 STCW CONVENTION



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, the following revised guidelines in the issuance of Endorsement of Certificates are hereby prescribed:

I.          Objective

To ensure that all seafarers are properly certificated, qualified, competent and medically fit for the proper performance of functions on board seagoing ships in accordance with the Convention.

II.         Coverage

These guidelines shall apply to all Filipino seafarers serving onboard seagoing ships, except to those on board:

1.         warships, naval auxiliaries 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.

III.        Definition of Terms

For purposes of this Circular:

1.         Administration refers to the Maritime Industry Authority (MARINA);

2.         Authentication refers to the Administration’s attestation/validation/confirmation of certificates, licenses and documents issued by agencies and entities in compliance with the requirements of the 1978 STCW Convention and its subsequent amendments;

3.         Convention refers to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978. Every reference to the Convention constitutes at the same time reference to the Annex;

4.         Indorsement of Certificates means a valid document, by whatever name it may be known, issued by the Administration, authorizing the holder to serve as stated in this document;

5.         Fishing Vessel means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;

6.         Seagoing Ship means a ship other than those which navigate exclusively within Philippine waters.

IV.       General Provisions

1.         All Filipino seafarers serving onboard seagoing ships shall be properly certificated in accordance with these guidelines.

2.         Application for issuance of endorsement of certificates and/or authentication must be personally filed and secured by the applicant. The application can be filed, on behalf of the seafarer while on board, by the duly authorized representative of the company in cases of replacement of lost or damaged certificates and, for purposes of repatriation (for a maximum period of 90 days).

3.         Applications shall be filed at the MARINA Central Office (MCO) or at any of its authorized Maritime Regional Office (MRO).

4.         Endorsement of Certificates issued for purposes of employment onboard seagoing ships shall be acceptable for use onboard ships operating in the domestic trade.

5.         The medical and licensure examinations and training courses required by these guidelines shall have been taken from a government-accredited institution.

6.         Certificates in support of application for Endorsement of Certificates shall be automatically authenticated by MARINA. However, a separate authentication of certificates/documents can be undertaken as maybe necessary.

7.         Retraining shall be required to holder of training certificates who has not served on board for at least a year within five (5) years from the date of issuance of certificate.

8.         The Administration reserves its authority to waive/modify the requirements in the issuance of endorsement of certificates/authentication in cases deemed meritorious.

V.        Qualification Requirements

A. Deck Department

1.         Minimum Requirements for Masters, Chief Mates and Officers in Charge of a Navigational Watch on Ships of 200 GT or More 1
REQUIREMENTS
MASTER CHIEF MATE
Officer in Charge of a Navigational Watch
Age
At least 20 years old
At least 18 years old
Medical
Certified medically fit, particularly regarding good eyesight and hearing
Training
Must have undertaken the following training courses:
1. Basic Safety Courses (BSC)

2. Radar Observer Course (ROC)/Radar Observation and Plotting (ROP)
3. Radar Simulator Course (RSC)
4. Ship Restricted Radiotelephone Operator Course (SRROC) or General Operator Course (GOC)

Examination/ License

Must have passed the licensure examination for:


Master Mariner Chief Mate Second Mate/Third Mate
Seagoing Service
1) 36 months as officer in charge of a navigational watch; or 18 months as officer in charge of a navigational watch
1) 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or
2) 12 months as chief mate and 12 months as officer in charge of navigational watch
2) 12 months approved apprenticeship training& 12 months seagoing service in the deck department which includes6 months bridge watch-keeping duties
Regulation
Regulation II/2
Regulation II/4

1 As per Regulation I/15 (Transitional Provisions) of 1978 STCW Convention, as amended, the Party may, at its discretion, replace tonnage limitations appearing on the original certificate - “200 GRT” may be replaced by “500 GRT”.

2. Minimum Requirements for Masters and Officers in Charge of a Navigational Watch on Ships of Less Than 200GT

a. Ships Not Engaged on Near-Coastal Voyages
REQUIREMENTS
MASTER
OFFICER IN CHARGE OF A NAVIGATIONAL WATCH
Age
At least 20 years old
At least 18 years old
Medical
Certified medically fit, particularly regarding good eyesight and hearing
Examination/ License
Must have passed the equivalent licensure examination
Training
Must have undertaken the following training courses:
1) Basic Safety Courses (BSC)
2) Radar Observer Course (ROC)/Radar Observation and
Plotting (ROP)
3) Radar Simulator Course (RSC)
4) Ship Restricted Radiotelephone Operator Course (SRROC) or General Operator Course (GOC)

Seagoing Service


1) 36 months as officer in charge of a navigational watch; or
1) 36 months approved seagoing service in the deck department which includes six months bridge watchkeeping duties; or
2) 12 months as chief mate and 12 months as officer in charge of a navigational watch
2) 12 months approved apprenticeship training and 12 months seagoing service in the deck department which includes six months bridge watchkeeping duties
Regulation
Regulation II/3

b. Ships Engaged on Near-Coastal Voyages
REQUIREMENTS
MASTER
OFFICER IN CHARGE OF A NAVIGATIONAL WATCH
Age
At least 20 years old
At least 18 years old
Medical
Certified medically fit, particularly regarding good eyesight and hearing

Examination/ License Training

Must have passed the equivalent licensure examination

Must have undertaken the following training courses:

1) Basic Safety Courses (BSC)
2) Radar Observer Course (ROC)/Radar Observation and Plotting (ROP)
3) Radar Simulator Course (RSC)
4) Ship Restricted Radiotelephone Operator Course (SRROC) or GOC
Seagoing Service
12 months as officer in charge of a navigational watch
1) 36 months approved seagoing service in the deck department; or 2) 12 months approved apprenticeship training.
Regulation
Regulation II/3

3. Minimum Requirements for Ratings Forming Part of a Navigational Watch on a Seagoing Ship of 200 GT or More

REQUIREMENTS
BSMT/AMT/CMT GRADUATES
Basic Seaman Training Course(BSTC) Graduates 1 Deck Watchkeeping
Undergraduate or Non-Graduate of Maritime Courses
Age
— At least 18 years old —

Medical


Certified medically fit, particularly regarding good eyesight and hearing

Training
Must have undertaken the Basic Safety Courses (BSC)
Must have undertaken the following courses:
1) Basic Safety Courses (BSC);
2) Deck Watchkeeping Course (DWK)
Seagoing Service
1) 12 months sea going service in the deck department which includes six months navigational watchkeeping duties; or 12 months seagoing service in the deck department which includes six months navigational watchkeeping duties
2) 12 months approved apprenticeship training
Regulation
— Regulation II/6 —

1 Must submit a copy of diploma or transcript of records from maritime schools and Special Order (S.O.) issued by the DECS/CHED.

B. Engine Department

1. Minimum Requirements for Chief Engineer Officers, Second Engineer Officers of Ships Powered by Main Propulsion Machinery of 750 kW Propulsion Power or More

REQUIREMENTS


CHIEF ENGINEER
SECOND ENGINEER
ENGINEER OFFICER IN CHARGE OF A WATCH
Age
At least 20 years old
At least 18 years old
Medical
Certified medically fit, particularly regarding good eyesight and hearing
Examination/ License
Must have passed the licensure examination for:

Chief Engineer
Second Engineer
Third Engineer/Fourth Engineer
Training
Must have undertaken Basic Safety Courses (BSC)

Seagoing Service
Regulation III/2 (Ship powered by main propulsion machinery of 3,000 kW propulsion power or more)
Regulation III/4 12 months approved seagoing service in the engine room
24 months as engineer officer in charge of a watch and 12 months as second engineer
12 months approved sea-going service as engine officer incharge of a watch
Regulation III/3 (Ship powered by main propulsion machinery of between 750 and 3,000 kW propulsion power)
12 months as engineer officer in charge of a watch and 12 months as second engineer
12 months approved sea-going service as engine officer in charge of a watch
2. Minimum Requirements for Ratings Forming Part of an Engine Room Watch
REQUIREMENTS
GRADUATES OF MARINE ENGINEERING COURSES(BSMarE/AME/CME)1
HIGH SCHOOL GRADUATES
Age
- At least 18 years old -
Medical
Certified medically fit, particularly regarding good eyesight and hearing
Training
Must have undertaken the Basic Safety Courses (BSC)
Must have undertaken the following training courses:
1) Basic Safety Courses (BSC);
2) Engine Watchkeeping Course (EWK)
Seagoing Service

12 months seagoing service in the engine room
18 months seagoing service in the engine room
Regulation
Regulation III/6

1 Must submit a copy of diploma or transcript of records from maritime schools and Special Order (S.O.) issued by the DECS/CHED.

C. Radio Department

Mandatory Minimum Requirements for Radio Officers


REQUIREMENTS

RADIO OFFICER


Age
At least 18 years of age

Medical
Certified medically fit, particularly regarding good eyesight, hearing and speech
License
Must have passed the licensure examination for General Operator
(GOC) or First Class Radiotelegraph Operator (1RTG)

Regulation
Regulation IV/1
To qualify for the additional Regulation under Chapter V of the Convention, the following requirements must be complied with:

1. For Masters, Officers and Ratings of Oil Tankers

REQUIREMENTS
OFFICERS IN CHARGE AND RATINGS
MASTER, CHIEF ENGINEER CHIEF MATE AND SECOND ENGINEER
Training/Seagoing Service
1) General/Oil Tanker Familiarization; or
1)Advanced/Specialized Oil Tanker Course; and
2) Six months supervised shipboard service on oil tanker
2) Six months shipboard service on oil tanker
Regulation
Regulation V/1
2. For Masters, Officers and Ratings of Chemical Tankers
REQUIREMENTS
OFFICERS IN CHARGE AND RATINGS
MASTER, CHIEF ENGINEER CHIEF MATE AND SECOND ENGINEER

Training/Seagoing Service

1) General/Chemical Tanker Familiarization Course; or
1) Advanced/Specialized Chemical Tanker Course; and

2) Six months supervised shipboard service on chemical tanker
2) Six months shipboard service on chemical tanker
Regulation
Regulation V/2

3. For Masters, Officers and Ratings of Liquefied Gas Tankers

REQUIREMENTS


OFFICERS IN CHARGE AND RATINGS
MASTER, CHIEF ENGINEER CHIEF MATE AND SECOND ENGINEER
Training/Seagoing Service
1) General/Liquefied Gas Tanker Familiarization; or
1) Advanced/Specialized Liquefied Gas Tanker Course; and
2) Six months supervised shipboard service on liquefied gas tanker
2) Six months shipboard service on liquefied gas tanker
Regulation
Regulation V/3

VI. Documentary Requirements (All original documents, if applicable, must be presented for verification purposes)
A. NEW/UPGRADING
B. RENEWAL
C.REPLACEMENT OF LOST/ DAMAGED CERTIFICATE
1. Duly accomplished application form
1. Duly accomplished application form
1. Duly accomplished application form
2. Certified true copy of valid PRC and/or NTC License
2. Photocopy of valid medical certificate
2. Affidavit
3. Photocopy of valid medical certificate
3. Previously issued Endorsement of Certificate
3. Photocpy of valid medical 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
4. Proof of previously issued Endorsement of Certificate
5. Photcopy of each training certificate required
Medical shall include the following:1. Complete physical examination

2. Chest X-ray using plates not smaller than 11" x 14"

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 perception 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

VII. Validity

Endorsement of Certificates shall be valid for five (5) years.

VIII. Schedule of Fees

1. Issuance of Endorsement of Certificates (including authentication)

a. Regular Processing -
P325.00 per issuance
b. Expedite Processing -
P700.00 per issuance
2. Replacement of Lost/ -Damaged Endorsement of Certificate/Repatriation
P600.00 per issuance
3. Authentication of Certificates/ -  certificate/Documents
P25.00 per type of document

IX. Administrative Fines and Penalties

1. Any seafarer that shall go onboard seagoing ship and/or a shipping company/manning/shipping agency, which shall allow a seafarer to go onboard/join a seagoing ship without an Endorsement of Certificates, shall be severally liable to pay the following fines:

Seafarer
Shipping Company/


Shipping/Manning Agency
1.1 First Offense
P2,000.00
P10,000.00
1.2 Second Offense
P3,000.00
P15,000.00
1.3 Third and
Succeeding

Offenses
P5,000.00
P20,000.00
1.4 The liability of the seafarer, shipowner/ship operator, shipping/manning agent shall be equivalent to ½ of the aforecited penalties, if a seafarer goes on board with an Endorsement of Certificates, the validity of which is shorter than his/her contract of employment, or hwere there is failure on the part of the seafarer to hold at all times valid Endorsement of Certificates while on board.
2. A seafarer who shall submit any false statement or misrepresentation or fraudulent or tampered or irregularly issued Endorsement of Certificates, licenses or documents required for authentication or in the issuance of an Endorsement of Certificates shall be liable to pay the following fines:
First Offense
Second Offense
Succeeding Offense(s)*
Master Mariner
P7,000.00
P14,000.00
P28,000.00
Chief Engineer
P6,000.00
P12,000.00
P24,000.00
Chief Mate/ Second Engineer
P5,000.00
P10,000.00
P20,000.00
Second Mate/Third Engineer/Radio Officer
P4,000.00
P8,000.00
P16,000.00
Third Mate/ Fourth Engineer
P3,000.00
P6,000.00

P12,000.00
Ratings and Others
P2,000.00
P4,000.00
P8,000.00

This includes recommendation to appropriate government agency for suspension or disqualification to practice profession.

3. Shipowners/operators, manning/shipping agencies requesting the issuance of an Endorsement of Certificates for and in behalf of a seafarer shall be liable for the false statement or misrepresentation, fraudulent or spurious or tampered licenses, documents, certificates submitted, or where said shipowners/operators, manning/shipping agencies or any of their employees or liaison officers/messengers have consented or participated in the tampering/misrepresentation or in securing the questioned licenses, documents and/or certificates from any source:

3.1 First violation
- P25,000.00
3.2 Second violation
- P50,000.00
3.3 Third & Succeeding
- P100,000.00 and recommendation for cancellation of the company’s license by the appropriate government agency
3.4 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.  Any seafarer/company found to have secured or in possession of fake or fraudulent Endorsement of Certificates/authentication shall be liable to pay the fine of P5,000.00 and shall be subject to criminal prosecution under the Revised Penal Code.

X.        Repealing Clause

Memorandum Circular No. 82 and any circular, regulation or any parts thereof inconsistent herewith are hereby repealed.

XI.       Effectivity

This Memorandum Circular shall take effect 15 days after its publication once in a newspaper of general circulation.

By Authority of the Board:

(SGD.) RADM PIO H. GARRIDO, JR., AFP (RET)
Administrator
© 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.