(NAR) VOL. 24 NO. 2 / APRIL - JUNE 2013
I. OBJECTIVES:
II. COVERAGE:
This Circular shall apply to all Maritime Training Institutions (MTIs), Filipino seafarers and all concerned entities.
III. DEFINITIONS OF TERMS:
For the purpose of this Circular, the following terms are hereby defined:
IV. JURISDICTION AND VENUE:
V. FILING OF COMPLAINT
Maritime Industry Authority
STCW OFFICE
Manila
MARINA- STCW OFFICE Case No. ____________
For violation of:- versus - Name of the Maritime Training Institution/ Name of the Seafarer x ---------------------------x Respondent
All pertinent papers or documents in support of the complaint must be attached whenever possible. The complaint shall be under oath and shall be administered by any officer authorized by law.
VI. ACTION UPON THE COMPLAINT
VII. REVIEW/ APPEAL
VIII. Grounds for the Filing of Complaint Against Maritime Training
Institutions and The Corresponding Table Of Penalties
The following offenses and corresponding penalties shall be imposed to erring Maritime Training Institutions:
The amount of the accreditation fee for a particular training course shall be the basis of the amount of fine to be imposed against Maritime Training Institutions. The schedule of payment for accreditation fees attached as Annex “A”[*] or its amendments if necessary shall be the basis of the amount of fine to be imposed.
GRAVE OFFENSES PENALTYa. Engaging in act/s of misrepresentation for the purpose of securing accreditation or renewal thereof, such as giving false testimonies or falsified documents; 1st offense- Disqualification to Apply for Accreditation six (6) months from the receipt of the decision/order or resolution;
If renewal, revocation of the previous Accreditation;
2nd offense- Disqualification to Apply for Accreditation;
b. Engaging in act/s of misrepresentation for the purpose of securing accreditation of instructors and, assessors or renewal thereof, such as giving false testimonies or falsified documents; 1st offense- Disqualification to Apply for Accreditation of instructors and, assessors six (6) months from the receipt of the decision/order or resolution;
If renewal, revocation of the previous Accreditation;
If instructors, assessors and training directors have participated in the misrepresentation-disqualification to apply for accreditation as instructor, assessor and training directors six (6) months from the receipt of the decision/order or resolution;
2nd offense- Disqualification to Apply for Accreditation;
c. Misrepresentation or submission of falsified documents for purposes of securing COP / COC. 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
3rd offense – Revocation of the particular course;
d. Accepting enrolees, offering or conducting programs or training courses not accredited by the STCW Office or with expired accreditation. 1st offense – The Maritime Training Institution shall pay a fine equivalent to the amount of accreditation fee of that particular course + disqualification to apply for Accreditation one (1) month from the receipt of decision;
2nd offense – fine which is double the amount of accreditation fee of the particular course and disqualification to Apply for Accreditation three (3) months from the receipt of decision;
3rd offense- perpetual disqualification to apply for accreditation of that particular course;
e. Hiring, employing or engaging the services of an Instructor and, Assessors without securing accreditation from STCW Office or the accreditation of such instructors and assessors has been expired. 1st offense – fine equivalent to the amount of accreditation fee of that particular course + Three (3) months suspension to conduct the said training course; 2nd offense – fine which is double the amount of accreditation fee of that particular course and Six (6)months suspension to conduct the said training course;
3nd offense – Revocation of Accreditation and perpetual disqualification from applying for accreditation of the said training course;
f. Issuing training certificates to trainees without undergoing actual training and passing the assessment. 1st offense –fine equivalent to the amount of accreditation fee of that particular course and six (6) months suspension; 2nd offense – fine which is double the amount of accreditation fee of that particular course and one (1) year suspension; 3rd offense – Revocation of accreditation of that particular training course and perpetual disqualification from applying for accreditation of the said training course; g. Conducting trainings and assessment activities other than the place authorized by the STCW Office. 1st offense – fine equivalent to the amount of accreditation fee of that particular course and One (1) month suspension;
2nd offense – fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
3rd offense – fine which is triple the amount of accreditation fee of that particular course + six (6) months suspension;
h. Enrolling a trainee in a particular training course who does not meet the entry requirement for the course. 1st offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
2nd offense – fine which is double the amount of accreditation fee of that particular course three (3) months suspension;
3rd offense – fine which is triple the amount of accreditation fee of that particular course and six (6) months suspension;
i. Conducting training in violation of the cease and desist or suspension order of the STCW Office 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
-non-recognition of the training and assessment conducted by the erring Maritime Training Institution;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
-non-recognition of the training and assessment conducted by the erring MTI;
3rd offense – Revocation of the particular course which is the subject of the cease and desist order and perpetual disqualification from applying for accreditation of the said training course;
-non-recognition of the training and assessment conducted by the erring MTI;
j. Non-observance of the required course intake limitation or the required number of trainees during the conduct of the training, and assessment. 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
3rd offense – Revocation of the particular course and perpetual disqualification from applying for accreditation of the said training course;
k. Incomplete or non-functioning training equipment and facilities. 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
3rd offense – Revocation of the particular course;
l. Non-observance of policies and procedures of the Quality System. 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
3rd offense – Revocation of the particular course;
m. Allowing Instructors to conduct summative assessment of its own class for the purpose of certification. 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
3rd offense – Revocation of the particular course;
n. Failure to observe the guidelines in the assessment of competence and proficiency as per assessment manual. 1st offense –fine equivalent the amount of accreditation fee of that particular course and three (3) months suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and six (6) months suspension;
3rd offense – Revocation of the particular course;
o. Failure to submit enrolment, training completion and record of assessment (TCROA) within three days from assessment. 1st offense –fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and three (3) months suspension
3rd offense – fine which is triple the amount of accreditation fee of that particular course and six (6) months suspension;
p. Failure to comply with any of the responsibilities of Maritime training Institute as provided under the Rules and Regulation of STCW Office 1st offense –fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
3rd offense – fine which is triple the amount of accreditation fee of that particular course and six (6) months suspension;
q. Non-compliance with orders, instructions, directive and issuances of STCW Office 1st offense –fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
2nd offense –fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
3rd offense – fine which is triple the amount of accreditation fee of that particular course and six (6) months suspension;
LESS GRAVE OFFENSE PENALTYa. Deviation from the prescribed Timetable, detailed teaching syllabus and Instructor’s Guide (IG) for each particular training program without proper notation in the course monitoring instrument. 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning;
2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
3rd offense- fine which is double the amount of accreditation fee of that particular course and three (3) months;
b. Failure to accommodate walk-in applicants for assessment without any valid cause. 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning; 2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension; 3rd offense- fine which is double the amount of accreditation fee of that particular course and three (3) months; c. Failure to correct the non-conformances noted by the Inspection and Monitoring Team within the prescribed period in accordance with the specific MARINA Circular providing such rules 1st offense –stern warning with condition to comply;
2nd offense – fine which is half of the amount of accreditation fee of that particular course;
3rd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
d. Failure to submit enrolment report on or before the start of training. 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning;
2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
3rd offense- fine which is double the amount of accreditation fee of that particular course and three (3) months;
e. Failure to maintain prescribed administrative requirements in accordance with the rules and regulation of STCW Office 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning;
2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
3rd offense- fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
f. Failure to notify STCW Office of any changes made by the Maritime Training Institution in accordance with training system procedures. 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning;
2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
3rd offense – fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
g. Failure to utilize the required classrooms / laboratory area. 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning with condition to comply;
2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
3rd offense – fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
h. Non-availability of the required textbooks and teaching aids 1st offense – fine which is half of the amount of accreditation fee of that particular course and stern warning with condition to comply;
2nd offense – fine equivalent the amount of accreditation fee of that particular course and one (1) month suspension;
3rd offense- fine which is double the amount of accreditation fee of that particular course and three (3) months suspension;
IX. Grounds for the Filing of Complaint Against Filipino Seafarers and The Corresponding Table Of Penalties - An administrative complaint against Filipino Seafarers may be filed on the following grounds with the corresponding penalties:
Offense Penalty1. Engaging in any act/s of misrepresentation for purpose of securing certificate of proficiency or competency such as giving false testimonies or falsified documents; a. Ratings (support level)
1st offense – P5,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for one (1) month from the receipt of the decision/order or resolution;
2nd offense – P10,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for three months (3) from the receipt of the decision/order or resolution;
3rd offense – perpetual disqualification to apply for Certificate of Proficiency (COP);
b. Officer
1st offense – P10,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for three (3) months from the receipt of the decision/order or resolution;
2nd offense – P15,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for six months (6) from the receipt of the decision/order or resolution;
3rd offense – perpetual disqualification to apply for Certificate of Proficiency (COP);
2. Submission, procurement, holding of spurious, fake, forged or false documents; a. Ratings (support level)
1st offense – P5,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for one (1) month from the receipt of the decision/order or resolution;
2nd offense – P10,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for three months (3) from the receipt of the decision/order or resolution;
3rd offense – perpetual disqualification to apply for Certificate of Proficiency (COP);
b. Officer
1st offense – P10,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for three (3) months from the receipt of the decision/order or resolution;
2nd offense – P15,000.00 and Disqualification to Apply for Certificate of Proficiency (COP) for six months (6) from the receipt of the decision/order or resolution;
3rd offense – perpetual disqualification to apply for Certificate of Proficiency (COP);
X. REPEALING CLAUSE:
Maritime Training Council (MTC) Resolution No. 8, Series of 2000, and all other issuances that are inconsistent with the provisions of this MARINA Circular are hereby superseded, repealed or amended accordingly.
XI. EFFECTIVITY:
This MARINA Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation.
BY AUTHORITY OF THE BOARD
(SGD.) ATTY. NICASIO A. CONTI
Officer-In Charge