SIXTI<:J<:N'J'II CON(;IU:SS OF TIlE 
IU:PlJBLIC OFTIII( Pili LI1'1'1'1 NI':S 
[ii/'sl RCU/([lI/, Scs.\·ioll 
) 
) 
) 
~mNATE 
S.B. No. 
2043 
'13 
DEC 16 I' J :44 
, 
1tt,;q';l\LP In; x---
Pre/HIred hy f/ie COllllllillees on Civil /..,tervice (lnd (,'ovcrmnenf Reorganization, jJublic O~ 
Services ([lid Ilil1fl/u'l' wilh SI'I1{/I()I'S i)ri/oJ1. 'Ih//({ne.I' /V and the memhcr.l' of the joint 
cO/lllliillees (IS (I/lllwl's 
ANACT 
11:s'I'ABLISIIING TlII( MARITIME INDUSTRY AUTIIORTTY (MARINA) AS THI<: 
SINGLI<: 
MARITlMI( 
ADMINISTRATION 
RESPONSIBLE 
FOR 
TIm 
IMl'LEr\U:NTATlON 
ANn 
I<:NFORCEMI':NT 
OF 
THE 
INTERNATIONAL 
CONVI,:NTION ON TIm STANDARDS OF TRAINING, CERTWICATION, AND 
WATCIII(lI:EI'IN(; FOR SEAFAlUmS, AS AMlcNDEn, AND INTERNATIONAL 
A(;I{I<:I':MI':NTS OR COVI':NANTS RICLATIm TTTERlcTO 
lie il el/({cled hy Ihe Sena/e {ll1d Ihe [[OIiSC of Representatives oj'the Philij!pines in 
COII!:rcs.I' ({S,le iii hied: 
Sectioll I. [JeL/lIraliol/ I!l l'o/icy.- Thelclilowing are hereby declared to be the 
2 
policies ol'the State: 
1 
1. The State shall ensme compliance with the 1979 International Convention on 
4 
Slilildards ol'Training, CCrlilieation, and Watchkceping (clr Seal~lrers (STeW Convention), as 
'i 
amend~d; all international agrccnwnts implementing or applying the STCW Convention; and 
(i 
othel' intel'llational maritime salety cl)J1ventions or agrecments that the' STeW Convention 
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se~ks to prolnote compliance with. 
X 
2. The State recognizes the vital contribution 01' the 
scal~lrers to the national 
') 
economy. 
Toward this end, the State shall establish systems and mechanisms 
f~Jr the 
10 
promotion and protection or the well-being or the seafarers to ensure their professionalism 
1 J 
and competitiveness, hoth in Incal and international trade, consistent with existing local labor 
12 
laws Hnd applicable international laws. 
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3. The State shall create an administrative system and structure, to be known as the 
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single maritime administration, that shall provide an enabling environment for the business of 
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Philippine seal"ring; establish appropriate institutional arrangements with other agencies 01' 
I (i 
government; and create an effective regulatory li'amcwork conducive to the cJlieieney, 
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transparency and eompctitivellcss of' the I'hilippine seafaring industry consistent with thc 
I X 
STew Convention. 
I () 
4, The Stale shall harmonise nil legal and administrative meaSllres which arc taken 


and provided li)r by govcrnmcnt regulatory agenclcs and ensure that such measures are 
2 
appropriille and consistent with the STeW Convention. 
J 
Section 2. 1>4ill;I;{}11 (!/'1"rJII'. As used in this Act, the lollowing (terms shall mean: 
4 
I. 
(:er/i//ca/e oj' (:oll7/!elellcy _. a ce!tineatc issued to milstcrs, olIicers and Global 
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Maritime Distress and Salety Systcm (GMDSS) Radio Operators in accordance with the 
() 
provisions of Chapters II, III, IV or VlI of the Annex to the STeW Convention, as amended, 
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entitling the lawlill holder to serve and perform the flmctions involved at the level of 
8 
rcspr)l"ihilil y speci fled therein; 
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2. ('atif/cale oj'i'.'",/ol'semellt 
an attestation of the maritime administration as to 
10 
the authenticity and validity of the ecrtiticates, incorporated in the format of the certificates 
I I 
issued to masters and ol1icers, staling that the issuance of the relevant certi [iGate is in 
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compliance wilh the requirements of the STeW Convention; 
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3. ('er/if/m/l' oj'i'mjiciency .. a certiiicate other than a certificate of competency 
14 
issued to a seafarer, stating that the relevant requirements of training competencies or 
15 
seagoing service under the STew Convention have been mct; 
16 
4. 
/JoclIl!!cnlmy evidence -
all the documentation, other than a certificate of 
) 7 
competency or ccrJilicalc of proficiency, used to establish that the relevant requirements of 
18 
the STew Convention have been met; 
19 
'i. A4arilime ,,"ministration OJ' sillf,{ie maritime administratioll - shall refer to the 
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MARINA, as the single government agency mandated to ensure complete and effective 
21 
implementation oj'the STeW Convention; 
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6. Sea/ilre!' 
any person who is employed or engaged or works onhoard seagoing 
23 
ships, whether or not SliGh ships are engaged in the domestic or overseas trade, and to whom 
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the STeW Convention applies; and 
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7. sn:w ('onven/ion 
the 1978 International Convention on the Standards of 
26 
Training, Certitication and Watchkecping for Seafarers, and its subsequent amendments. 
27 
Section 3. Power" IItld FUlletiotls of tlte l\1AR1NA. -. In addition to the mandate of 
28 
MARINA under Presidential Decree No. 474, as amended, and in order to carry out the 
29 
provisions oj' I his Act, MARl N A shall exercise the following powers and functions: 
30 
I. Act as the single and central maritime administration .for all purposes relating to 
31 
compliance with the STeW Convention. 
32 
2. Administer anel ensure the elTcetive implementation of the STCW Convention, as 
33 
amended; ineluding all international conventions or agreements implemcntillg or applying the 
34 
same, as well as international maritime safety conventions or agreements that it seeks to 
3'i 
promote compliance with. 
2 


\. Assume all powers and functions ofthc Professional Regulation Commission (PRC), 
2 
COlllmission on lligher I ':ducation (CllhD), Technical Education and Skills Development 
3 
Authority (TI':SDA), Department of Ilealth (DOli), and National Telecommunications 
4 
Commission (NTC) relative to the issuance, validation, verification, correction, revocation, or 
5 
cancellation o/' (\,rtii'icalcs o/' Competency, Endorsement, Proficiency and Documentary 
() 
Evidence required of all scafilrcrs and all such other matters pertaining to the implementation 
7 
of the STeW Convention, subject to the provisions herein below. 
8 
a. 
MARINA shall ensure that the examinatioll, licensing and cenilication system for 
9 
marine deck and engine 0111cors arc in accordance with tlH~ requirements prescribed under the 
10 
STeW Convention. To this end, Republic Act No. 8544 or the Philippine'Merchant Marine 
I I 
Ofllcer Act 01' 19')); is hereby amended to the elTeet that all powers, duties, and tlmclions of 
12 
the PRe mentioned therein shall be exercised by the MARINA insofar as they are related to 
13 
marine deck and engine ollicers. The compensation and allowances of the Board of Marine 
14 
Deck Omcers and Marine I':ngine Omeers under Article IV, Section 8 of RA 8544 shall, 
15 
however, be comparable to the compensation and allowances being received by the Chairmen 
16 
and members of other existing regulatory boards under the PRe and as provided in the 
17 
General Appropriations Act. 
J 8 
h. MARINA shall adopt rules and regulations, in accordance with the STCW 
19 
Convention, governing able-bodied deck and engine Ratings including: 
20 
1. monitoring and verification of compliance with the standards of Ratings; 
21 
11. harmonization of the procedures /'01' periodic evaluation, assessment and 
22 
monitoring activities undertaken by accredited institutions with registered programs l()r 
21 
Ratings; and 
24 
iii. Issllance ofCertiiicates ofProHcieney to Ratings 
25 
c. 
MAR1NA shall ensure that all legal and administrative measures relative to the 
26 
issuance of certificates of competency of GMDSS radio operators arc in accordance with the 
27 
STeW COllvention. For Ihis purpose, MARINA shal1 assess, revalidate and issue GMI)SS 
28 
radio operator's certiiicate under the STew Convention. 
29 
d. MARtNA shall cnsure that all maritime education, including the curricula and 
30 
training programs, arc structured and delivered in accordance with the written programs, 
31 
methods, and Illedia of delivery, procedures, and course materials compliant with 
32 
international standards as prescribed under tlie STCW Convention. For this purpose, the 
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MARINA shall 
34 
L 
Chair the Technical Panel on Maritime Education (TPME) of the 
35 
COlllmission on Iligher I(ducation; lhe TPME shall among others, formulate, review and 


recommend to thc (:11\(1) Commission en banG all policies, standards, and guidelines for 
2 
maritimc education, including curricula, ihcilitics and guidelines; 
1 
11. 
Monitor and verify, in coordination with CHED, compliance with the 
4 
policies, stambmls, and guidelines of maritime education in the conduct of maritime 
5 
education and training programs; 
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III. Review and harmonize, In accordance with CnED or other recognized 
7 
intcmationul organi/.ations, the procedures' for periodic evaluation, assessment and 
H 
monitoring oLdl Illarit i me education and training i nstit utions; 
9 
IV. 
Develop, j()j'mulate and recommend for implemcntation, strict quality 
10 
assurance mcchanisms and relevant typology [or maritime education programs and 
II 
institutions; 
12 
v. 
Recommend to the CJ-[1<:1) ell, banG the closure/phase out of sub-standard 
13 
maritime education institutions, in accordance with the existing mles and regulations as well 
14 
as recoillmend alternative schemes or options for the affected maritime educational 
15 
institut ion; 
16 
VI. 
Maintain an updated list of compliant and phased-out maritimc education 
17 
and training programs, publish such lists in appropriate media, and provide the public with a 
18 
clear understanding 01' the consequences of enrolling in a phased-out program. 
t9 
e. 
MAR t N A shall coordinate with the D01-1 to ensure that the l11edical standards 
20 
established to ascertain the medical Iltness of sealilrers are in accordance with the 
21 
international convcntions/treaties and cxisting laws. l,'or this purpose, MARl NA shall: 
22 
1. 
cnsure that the medical examinations and issuance of medical ccrtificates 
23 
by DOli accredited hospitals, medical clinics, and laboratories, including medical 
24 
practitioncrs arc in accordance with the standards prescribed by the STew Convention; 
2') 
II. ensure that mcdical certilleates arc issued by a duly-qualified medical 
26 
practitioner recognized by and accredited with the DOH and for this purpose, a register of 
27 
recognized medical practitioners shall be maintaincd and made available to seafarers, 
28 
shipping companies and State parties to the STCVv Convention. 
29 
Section 4. /!.,'(ah/i,\hment of' STeW Services wit/tin MARINA lind lliring of 
30 
Sf/ecill/i.,( Pel'SOI/Ilel. 
MARINA shall estab[isli an STeW Services within its olficc, to be 
:31 
headed by persons who arc also qualitied seararers, such as licensed Master Mariners and/or 
32 
Chief I\nginecrs who arc well-versed or specially trained in the STCW Convention. For this 
33 
purpose, the position or Senior Maritime Education and Training Specialist (SMTcTS) with an 
34 
equivalent civil service salary grade of 26 is hereby created. The hiring of 10 SMETSs 
35 
personnel in accordance with MARINA's existing m[es and regulations is hereby initially 
4 


approved: Provided, that or the SMln'Ss herein appointed, three (3) shall be duly registered 
2 
Marine Deck Ollicers who havc navigated at Management Levd for at least two (2) years on 
3 
board ship; another three (3) shall be duly registered Marine Engineer Ollicers who have 
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navigated at Management Level for at least two (2) years on board; and four (4) shall be 
5 
appointed Jium among MARINA organic non-merchant marine officers. As a minimum 
6 
requiremcnt, the SMI,TSs shall be tlJlly qualified a~ lead auditors and have demonstrated 
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expertise and competence in the STeW Convention. MARiNA shall include the 
R 
appropriations li)r thc STCW Services, its personnel and maintenance and operating expenses 
') 
in the budget beginning IhHll the next succecding lisca! year 
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Scdioll 5. Composition ill the Maritime Industry Board. 
To cnsurc the proper 
11 
implementation and enli)rccment of the STew Convention in relation to international 
12 
maritime safety and environmental agreements, the Conlrnandant of the Philippine Coast 
13 
Guard (peG), in lieu of the Secretary of National Defense, shall be included as member of 
14 
the Maritimc Industry Board established pursuant to Presidential Decree No. 474. The 
15 
Marit imc Industry Iloard may create an advisory council that will assist MARiNA in 
16 
ensuring compliance with STew Convention, as it may deem proper. The number and 
17 
members of this council shall be idcntilled and determined by the Maritime Industry Board. 
18 
Scdioll 6, Appropriatiolls . .... The Secretary of Transportation and Communications, 
!9 
through MARINA, shall immediately include in its programs the operationalization 
20 
requirement of' the STew Services, the initial funding of which shall be charged againsUhe 
21 
savings or wnent year's appropriations of the MARINA. Thcrcafler, such sums as may be 
22 
nccessary It)r the continued implementation of this Act shall be included in the Annual 
21 
General Appropriations Acl. 
24 
Section 7. Implementing Rilles IIl1d Rcglllati()n . . - MARINA shall issue the required 
25 
implementing rules and regulations in accordance with the provisions of this Act within six 
26 
(6) lllonths n'om the c11'cctivity hereof In the formulation of such rule·s and regulations, 
27 
MARINA shall ensure that the processes and procedures tor issuance, validation, verification, 
28 
correction, revocation, or cancellation or Certificates of Competency, Endorsement, 
20 
Proficiency and Documentary Evidence required of scaf'arers under the STCW Convention 
30 
shall be the most ellicient and convenient possible ii)r the seafarers, including but not limited 
31 
to the establishment of ono-stop shop arrangements, computerization and automation, and 
32 
elimination of'reduudan( ICes and charges. 
33 
Section 8. Transitory Provisions . .. All Certifkates of Competency, Endofsement, 
34 
Proliciency and Documentary Evidence issued prior to the effectivity. of this Act shall be 
35 
deemed valid without necessity of revalidation or re-;ssuance until the date of expiration as 
5 


stated in slIch certilicates or other documents. Thereailer, new certitlcates or other documents 
2 
shall be revalidated or re-issued only in accordance with the implementing rules and 
3 
regulations issued pursuant to this Act, in conformity with the STeW requirements. 
4 
Section 9. SepIIl'lIbility Clllllse. -- Iffor any reason any section or provision ofthis Act 
5 
is declared unconstitutional or invalid, the olher seclions, or provisions hereol'not affected by 
() 
such declaration shall remain in I()ree and in clTect. 
7 
8 
') 
10 
1 I 
Sc('.lion 10. Uepealing Clause. 
All existing laws, orders, decrees, rules and 
regulations or part thereof inconsistent wit h the provisions of this Act are hereby repealed or 
modified accordingly. 
Sed ion II. Htrectjl'i~)', 
This Act shall take elTcct fiileen (15) days from its 
publication in alleast lwo (2.) national papers of general circulation. 
6