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(NAR) VOL. 29 NO. 3/ JULY - SEPTEMBER 18

[ EXECUTIVE ORDER NO. 63, September 26, 2018 ]

FURTHER STRENGTHENING THE AUTHORITY OF THE MARITIME INDUSTRY AUTHORITY AS THE SINGLE MARITIME ADMINISTRATION FOR THE PURPOSE OF IMPLEMENTING THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED



Adopted: 21 September 2018
Date Filed: 26 September 2018

WHEREAS, the Philippines is a Party to the 1978 International Convention on Standards  of  Training,  Certification  and  Watchkeeping  for  Seafarers,  as amended (STCW Convention), which provides the internationally agreed and accepted standards governing seafarers and sets the minimum requirements for their education, training, assessment of competence, certification and watchkeeping;

WHEREAS, Republic Act (RA) No. 10635 established the Maritime Industry Authority (MARINA) as the Single Maritime Administration responsible for the implementation and enforcement of the STCW Convention, pursuant to the Philippines' commitments under the said Convention;

WHEREAS, being a Party to the STCW Convention, the Philippines is obligated to demonstrate strict and full compliance with its provisions to ensure the continuous  recognition  by  the  international  community  of  STCW  Certificates issued by the Philippine Government, and thereby guarantee sufficient employment opportunities for Filipino seafarers abroad;

WHEREAS, under Section 84 of RA No. 10964, or the “General Appropriations Act for FY 2018,” the President is authorized to create new offices and modify the existing organizational structure of the agencies in the Executive Branch, whenever public interest so requires;

WHEREAS, Section 17, Article VII of the 1987 Constitution provides that the President shall have control of all executive departments, bureaus and offices and shall ensure that laws are faithfully executed;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Strengthening of the MARINA as the Single Maritime Administration.  The  authority  of  MARINA,  as  the  Single  Maritime Administration, shall be strengthened to enable it to take all necessary steps and strategies, consistent with its mandate, to ensure that the obligations of the Philippines under the STCW Convention are faithfully, effectively and fully complied with, and to establish systems and mechanisms for the promotion and protection  of  the  well-being  of  the  seafarers  thereby  ensuring  their professionalism and competitiveness, both in local and international trade.

SECTION  2.  Maritime  Education,  Training  and  Assessment. Subject  to Section 4(c)(4)(i) of RA No. 10635, the MARINA shall take the lead in the evaluation of requests for approval of the following maritime education programs:
a.   Bachelor of Science in Marine Transportation;
b.   Bachelor of Science in Marine Engineering, and
c.    Other higher education programs that may be developed in the future which would require compliance with the STCW Convention.
The MARINA, in coordination with the Commission on Higher Education (CHED), shall evaluate and inspect all maritime higher education institutions to ensure that the maritime education programs being offered by said institutions comply with the minimum standards set under the STCW Convention.

The MARINA and the CHED shall jointly issue rules and regulations to implement this Section, which shall be consistent with the Philippines’ obligations under the STCW Convention and other relevant laws.

SECTION 3. Reconstitution of the Technical Panel on Maritime Education. The Technical Panel on Maritime Education shall be reconstituted, such that five (5) members shall come from the MARINA and four (4) shall come from the CHED.

SECTION 4. Monitoring and Verification. To ensure that all maritime education programs are structured and delivered in accordance with the written programs, methods and media of delivery, procedures and course materials compliant with the  STCW  Convention,  the  MARINA,  in  coordination  with  the  CHED,  shall continue to monitor and verify the same in accordance with RA No. 10635.

SECTION 5. Medical Standards. The MARINA, in consultation with the Department of Health (DOH), shall establish the standards for medical fitness and the procedures for the issuance of medical certificates to Filipino seafarers, and ensure that those responsible for assessing the medical fitness of such seafarers are medical practitioners duly recognized and accredited by the DOH.

SECTION 6. Relevant Control Procedures. The MARINA and the Philippine Coast Guard (PCG) shall jointly establish control procedures to verify and ensure that seafarers on board ships in Philippine ports are certificated or have been issued appropriate dispensations in accordance with the STCW Convention, without prejudice to the port state control functions of the PCG.

SECTION 7. Implementing Rules and Regulations. Except as provided in Section  2  of  this  Order,  the  MARINA,  in  coordination  with  the  relevant government agencies, shall issue the necessary rules and regulations within thirty (30) days from the effectivity of this Order.

SECTION 8. Reporting. The MARINA shall submit to the Office of the President within six (6) months from effectivity of this Order, and every year thereafter, a progress report on the status of implementation of this Order.

SECTION 9. Repeal. All executive issuances inconsistent with this Order are hereby repealed or amended accordingly.

SECTION 10. Separability. In the event that any provision of this Order or any part thereof is declared invalid, illegal or unconstitutional, the provisions not affected thereby shall remain in force and effect.

SECTION 11. Effectivity. This Order shall take effect immediately following its publication in the Official Gazette or in a newspaper of general circulation.

DONE, in the City of Manila, this 21st  day of September the year of Our Lord, Two Thousand and Eighteen.


(SGD) RODRIGO ROA DUTERTE
President

By the President:

(SGD) SALVADOR C. MEDIALDEA
Executive Secretary
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