SIXTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )

First Regular Session )

Q
HOUSE BILL NO. 719

Introduced by ANGKLA PartyList Representative JESULITO A. MANALO

AN ACT ESTABLISHING THE MARITIME INDUSTRY AUTHORITY
(MARINA) AS THE SINGLE MARITIME ADMINISTRATION
RESPONSIBLE FOR THE ENFORCEMENT OF INTERNATIONAL
AGREEMENTS/ COVENANTS GOVERNING MARITIME GLOBAL
PROFESSIONALS, AND APPROPRIATING FUNDS THEREFOR.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled,

EXPLANATORY NOTE

In 2012, the Filipino seafarers remitted Four Billion and Six Million
Dollars (US$4.6B) to the country. Despite this significant contribution to
our national economy, Filipino seafarers faced innumerable problems.

Due to continuing obstacles to the Philippines’ full compliance with
the 1978 International Convention on the Standards of Training,
Certification and Watchkeeping for Seafarers (STCW), one of the most
prominent of which is the absence of clarity as to the sole authority with
legal responsibility and international accountability for the education,
training and certification of Filipino seafarers, the European Maritime
Safety Agency (EMSA) threatened to impose an employment ban against
Filipino seafarers.

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To avert the possibility of loss of employment and/or employment
ban of hiring Filipino seafarers by the European Union flag vessels,
President Benigno Simeon C. Aquino issued Executive Order No. 75
designating the Department of Transportation and Communications,
through the Maritime Industry Authority (MARINA), as the single
maritime administrative agency to enforce and implement the STCW
Convention.

To hasten the implementation of the STCW Convention, the
enactment of this legislation is necessary.

Also, in order to streamline and impose uniform policies and
standards for the protection of our maritime global professionals, and in
order to achieve an effective and efficient regulation of the human
complement of the seaborne trade, a single maritime regulatory agency is
necessary.

At present, different government agencies regulate the issuance of
licenses or certificates for the human complement of the seaborne trade. A
single maritime administrative agency with this mandate will effectively
and efficiently regulate these matters.

To forestall bureaucratic procedures and to efficiently enact uniform
rules and regulations governing the global maritime professionals, the
Maritime Industry Authority (MARINA) v + the Office I sident
shall be vested with the powers of the single maritime administrative
agency under this Act.

For the above reasons, the passage of this bill is extremely sought.

ist Representative
ANGKLA

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SIXTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
Regular Session )

HOUSE OF REPRESENTATIVES
House Bill No. ZAG:

Introduced by ANGKLA Partylist Representative JESULITO A MANALO

AN ACT ETABLISHING THE MARITIME INDUSTRY AUTHORITY
(MARINA) AS THE SINGLE MARITIME ADMINISTRATION
RESPONSIBLE FOR THE ENFORCEMENT OF INTERNATIONAL
AGREEMENTS/CONVENTIONS GOVERNING MARITIME GLOBAL
PROFESSIONALS, AND APPROPRIATING FUNDS THEREFOR.

Section 1. Declaration of Policy.

a. The State adopts the generally accepted principles of international
law as part of the law of the land.

b. It is the policy of the State to comply with the 1978 International
Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), as amended.

c. Towards these ends, the State shall create a maritime
administration that would provide an enabling environment,
establish appropriate institutional arrangements, and set up
effective regulatory framework conducive to efficiency,

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accountability, transparency and competitiveness consistent with
STCW.

d. It is the policy of the State to harmonize all legal and

administrative measures which are taken and provided by other
government regulatory agencies and ensure that these are
appropriate and consistent with STCW.

Section 2. Definition of Terms. Unless otherwise defined in other Sections of
this Act, the following terms shall mean-

ih

Maritime global professionals shall refer to the human complement in
the seaborne trade, specifically the seafarers both in domestic and
international vessels.

. Certificate of Competency (COC) shall refer to a certificate issued to

masters, officers and Global Maritime Distress and Safety System
(GMDSS) Radio Operators in accordance with the provisions of
Chapters II, Ill, IV or VII to the Annex to the STCW Convention, as
amended, entitling the lawful holder thereof to serve and perform the
functions involved at the level of responsibility specified therein;

Certificate of Endorsement shall refer to the attestation of the Maritime
Administration on the authenticity and validity of the certificates and
shall be incorporated in the format of the certificates issued to
masters and officers stating that the issuance of the relevant
certificate is in compliance with the requirements of the STCW
Conventions;

. Certificate of Proficiency (COP) shall refer to a certificate other than a

certificate of competency issued to a seafarer, stating that the relevant
requirements of training competencies or seagoing service in the
Convention have been met;

. Documentary Evidence shall refer to the documentation, other than a

certificate of competence or certificate of proficiency, used to

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establish that the relevant requirements of the convention have been
met;

6. Maritime Administration shall refer to the Maritime Industry
Authority (MARINA) as the single government agency mandated to
ensure the complete and effective implementation of the STCW.

7. STCW Convention shall refer to the 1978 International Convention on
the Standards of Training, Certification and Watchkeeping for
Seafarers and its subsequent amendments.

Section 3. Powers and Functions of the Maritime Industry Authority- The
Maritime Industry Authority (MARINA) is the single and central maritime
administration of the government. For this purpose, it shall administer and
ensure the effective implementation of STCW relative to the global
maritime professionals.

Section 4. All the powers and functions of the Professional Regulation
Commission (PRO), Commission on Higher Education (CHED), Technical
Education and Skills Development Authority (TESDA), Department of
Health (DOH) and National Telecommunications Commission (NTC),
relative to the issuance, validation, verification, correction, revocation, or
cancellation of Certificates of Competency, Endorsement, Proficiency and
Documentary Evidence required of the global maritime professionals
under STCW shall be transferred to the Maritime Industry Authority
(MARINA), subject to the provisions herein below.

Any provision of law to the contrary notwithstanding, MARINA
shall:

1. Ensure that the examination and certification system for marine
deck and engine officers are in accordance with the requirements
prescribed under STCW.

For this purpose, Republic Act 8544 or the Philippine Merchant
Marine Officers Act of 1998 is hereby amended to the effect that all

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the powers, duties, functions of the Professional Regulation
Commission (PRC) mentioned therein shall be exercised by
MARINA insofar as they relate to marine deck and engine officers.
The compensation and allowances of the Board for Marine Deck
Officers and Marine Engine Officers under Article IV, Section 8 of
RA 8544 shall, however, still be comparable to the compensation
and allowances being received by the Chairmen and members of
other existing regulatory boards under PRC as provided in the
General Appropriations Act.

. Ensure that all maritime education, including the curricula and

training programs, are structured and delivered in accordance
with the written programs, methods and media of delivery,
procedures, and course materials compliant with and required by
the international standards prescribed under the STCW. For this
purpose, MARINA as head of the Technical Panel on Maritime
Education of the Commission on Higher Education (CHED) shall:

a. review and approve maritime education programs and
curricula;

b. monitor and verify, in coordination with CHED, compliance
with the international standards for the conduct of maritime
education and training programs;

c. review and harmonize, in coordination with CHED and
recognized organization[s], the procedures for periodic
evaluation, assessment and monitoring of all maritime
education and training institutions;

. Adopt rules and regulations, in accordance with STCW, involving

watchkeeping, able-bodied deck and engine Ratings. MARINA
shall also:

(a) monitor and verify compliance with the standards for the
Ratings;
(b) harmonize the procedures on periodic evaluation, assessment
and monitoring activities undertaken by accredited institutions
for Ratings;

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(c) issue Certificate of Proficiency to Ratings.

. Coordinate with the DOH to ensure that the medical standards
established to ascertain the medical fitness of seafarers are in
accordance with the international conventions/treaties and
existing applicable laws. For this purpose, MARINA shall:

a. ensure that all seafarers are medically fit to perform the
duties that they will be required to carry out at sea, in
accordance with STCW;

b. ensure that medical examinations and issuance of medical
certificates by DOH accredited hospitals, medical clinics and
laboratories, including medical practitioners, are in
accordance with the standards prescribed by STCW; and

c. ensure that medical certificates are issued by a duly
qualified medical practitioner recognized by, and accredited
with, the DOH and for this purpose, a register of recognized
medical practitioners shall be maintained and made
available to seafarers, shipping companies and State parties
to the STCW Convention.

. MARINA shall ensure that radio licenses are issued in accordance
with STCW. For this purpose, MARINA shall assess, revalidate
and issue GMDSS radio operator's certificate under the STCW
Convention.

Section 5. Authority to charge fees. MARINA, in the exercise of its regulatory
powers in accordance with the provisions of this Act, is hereby authorized
to charge reasonable fees.

Section 6. Appropriations. The amount of Ten Million Pesos shall be
allocated to MARINA to carry out the implementation of this Act for the
first year of its implementation. Thereafter, such sums as may be necessary
to the continued implementation of this Act shall be included in the
General Appropriations Act.

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Section 7. Implementing Rules and Regulations. MARINA shall issue the
required implementing rules and regulations in accordance with the
provisions of this Act within ninety (90) days from the effectivity hereof.

Section 8, Separability Clause. If for any reason any section or provision of
this Act is declared unconstitutional or invalid by the Supreme Court, the
other sections, or provisions hereof not affected by such declaration shall
remain in force and in effect.

Section 9. Repealing Clause. All existing laws, orders, decrees, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

Section 10. Effectivity. This Act shall take effect fifteen (15) days from its
publication in at least two (2) national papers of general circulation.

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