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Pursuant to Section 12 (g) of Executive Order 125/125-A which mandates the Maritime Industry Authority (MARINA) to undertake the issuance of license to qualified Harbor Pilots, the following guidelines are hereby promulgated:

I
Coverage
This Circular shall apply to Filipino Master Mariners who are interested in becoming licensed harbor pilots in specific pilotage districts in the Philippines.

II
Definition of Terms

1. Master Mariner — shall refer to a marine officer duly licensed as such by the Professional Regulation Commission (PRC).
   
   
2. Harbor Pilot — shall refer to a Master Mariner duly licensed by MARINA and appointed by the Philippine Ports Authority (PPA) to act as pilot in a specific pilotage district in the Philippines.
   
   
3. Pilotage District — shall refer to a navigable area specified as such by PPA and named after its principal port the navigation of which requires a harbor pilot.
   
   
4. Panel of Examiners — shall refer to a body created under this Circular tasked to administer the Harbor Pilot Examination.

III
Panel of Examiners
1. Constitution and Composition

A Panel of Examiners, hereinafter referred to as "Panel" shall be constituted by the Board upon recommendation of Management, with the MARINA Administrator or his duly authorized representative as Chairman, two (2) Master Mariners licensed as pilots and two (2) Harbor Pilots as members to be selected from the pilotage district where the examination will be administered. Members shall be appointed by the Board upon the recommendation of the Chairman/MARINA Administrator. In the event of non-availability of qualified harbor pilots in the same district, pilots of other pilotage districts familiar with the port for which the examination will be given shall be appointed by the Chairman or his duly authorized representative.

The Panel shall meet at least twice a year and may hold special meetings to consider urgent matter/s upon the call of the Chairman.

Each member shall receive a reasonable reimbursable allowance as maybe determined by the MARINA Board.

2. TERMS OF OFFICE

The MARINA Administrator and/or his authorized representative shall sit as Chairman ex-officio. The members shall serve for a term of three (3) years unless sooner replaced for cause.

3. DUTIES AND RESPONSIBILITIES

The Panel shall have the following duties and responsibilities among others:

3.1 To promulgate and prescribe a system and procedure in the conduct of examination;

3.2 To establish/formulate a Test Bank and review and update the same semi-annually;

3.3 To prescribe specific policies in the determination/selection of successful examinees;

3.4 To recommend to the MARINA Board the issuance of license to qualified pilots; and

3.5 To perform such acts as are proper and necessary to implement this Circular.

IV
Basic Qualification Requirements for Applicants
1. Applicant for Harbor Pilots Examination must be:

1.1 Filipino Citizen;

1.2 At least thirty five (35) years of age but not more than fifty five (55) years old;

1.3 Physically and mentally fit with perfect hearing and sight as certified by DOH-accredited medical clinic; provided, that ECG findings/tracing shall be required for those applicants aged forty (40) years or over;

1.4 A duly licensed Master Mariner with a valid Endorsement Certificate as provided for in Regulation II/2: par. 4.2 of the STCW Convention as amended and has been in actual command of a merchant vessel or vessels of more than 500 gross tons for not less than five (5) years; and

1.5 Of good moral character and/or not included in the MARINA watchlist.

V
Documentary Requirements
Applicants for the examination must submit the following (Original and two photocopies):

1. Master Mariner License issued by the PRC;
   
   
2. Physical/medical certificate issued by a DOH-accredited medical clinic issued within three (3) months at the time of application;
   
   
3. Seafarer's Identification and Record Book (SIRB) reflecting five (5) years of sea service;
   
   
4. NBI clearance;
   
   
5. Three (3) recent passport size colored photographs of applicant in uniform, without headgear; and,
   
   
6. One (1) self-addressed return envelope (with stamps).

VI
Filing and Evaluation of Application

1. Applicants for the examination shall secure the application form from the Maritime Human Resource Development Office (MHRDO), MARINA, Central Office or in any of the Maritime Regional Office (MROs) and shall submit the duly accomplished form together with the other documentary requirements.
   
   
2. The MARINA, or the respective Maritime Regional Offices (MROs) where the application is filed, shall evaluate the applicants based on the submitted documentary requirements and verification with MARINA Watchlist.

2.1 An examination permit shall be issued within seven (7) calendar days after the filing of the application. A notice of Disqualification shall likewise be issued within the same period where the applicant fails to qualify.

VII
Conduct, Scope, Schedule and Results of Examination
Unless otherwise modified by the Panel, the following shall be observed:

1. Examinations shall be administered to any pilotage district where there are at least five (5) applicants.
   
   
2. Scope of Examinations
   
   The Harbor Pilots Examination shall cover the following:
   
   2.1 Maneuvering behavior of various types of ships;
   
   2.2 COLREG and buoyage system;
   
   2.3 Ship traffic management system in the area/Rules of the Road;
   
   2.4 Weather and mooring of vessels;
   
   2.5 Local banks, tides, currents, anchorages, berths, and general conditions;
   
   2.6 Customs and Quarantine Laws, PCG and PPA rules and local regulations, including Notice to Mariners; and
   
   2.7 Practical Problems
   
   
3. Schedule of Examinations
   
   Examinations shall be conducted in a different pilotage districts at least thirty (30) days after publication in newspaper of general circulation.
   
   
4. Passing Grade
   
   A general average of 75% shall be the passing mark; provided, however, that the examinee does not obtain a grade of less than 50% in any of the subjects.
   
   
5. The results of the examination shall be released/published within forty five (45) days after the examination.

VIII
Issuance and Validity of License
The license to be issued shall be valid until the holder reaches the age of seventy years old unless sooner revoked or cancelled for cause.

IX
Penalty

1. Any applicant who shall make any false statement or misrepresentation in his application, or who submit fraudulent or false documents or certificates shall be subject to an administrative fine of not more than Twenty-Five Thousand Pesos (P25,000.00) without prejudice to the filing of a criminal action against him under the pertinent provisions of the Revised Penal Code.
   
   
2. Any license issued shall be subject to suspension or revocation, if the holder is found guilty violating the rules and regulations and/or failure to maintain the qualification requirements prescribed under this Circular.

X
Fees

1. Examination Fee — Three Thousand Pesos (P3,000.00)
   
   
2. Harbor Pilot License — Ten Thousand Pesos (P10,000.00)
   
   
3. Re-issuance of License — Five Thousand Pesos (P5,000.00)
   
   
4. Replacement of Lost/Damaged License — Five Thousand Pesos

XI
Repealing Clause
All other rules and regulations on the examination and licensing of harbor pilots which are inconsistent herewith are hereby amended accordingly.

XII
Transitory Period
All duly licensed harbor pilots must apply with MARINA for re-issuance of license within one (1) year from the issuance of this Circular.

XIII
Effectivity
This Memorandum Circular shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Adopted: 17 Dec. 1998

(SGD.) AGUSTIN R. BENGZON
Administrator