WHEREAS, the regulation of marine
profession is still left to the Revised Administrative Code despite the
growth and progress of the profession;chanroblesvirtualawlibrary
WHEREAS, there is a need to promulgate a set of updated and responsive
rules to regulate this vital profession; and
WHEREAS, there was passed by the Lower House of Congress prior to the
promulgation of Proclamation No. 1081 dated September 21, 1972 a bill
entitled "An Act Regulating the Practice of the Marine Profession in
the Philippines" and denominated as H.B. No. 919.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1 dated September 22, 1972, as amended, do hereby
order and decree;chanroblesvirtualawlibrary
Section 1. This Decree shall be known as the
Philippine Merchant Marine Officers Law.
Section 2. Terms. — Within the application of this
Act, the following terms shall be used:cralaw:red
(a) Merchants Marine Vessel — shall apply only to
commercial ships, propelled by machinery, public or private, strictly
engaged in maritime commerce, both foreign and local trade, vessels
engaged in the training of cadets for the marine profession, and
non-combatant vessels of the Philippine Navy engaged in the operating
similar to a commercial ship.
(b) Marine Officer — shall refer to both Deck and
Engine Officers.
(c) Deck Officer — shall refer to a duly licensed and
registered 1st (Chief), 2nd or 3rd Mate, including Major, Minor and
Bay, Lake, River and Harbor Patrons.
(d) Engine Officer — shall refer to a duly licensed
and registered 1st (Chief), 2nd, 3rd and 4th Marine and Motor
Engineers.
(e) Marine Engineers — shall refer to a duly licensed
1st (Chief), 2nd, 3rd and 4th Marine engineers.
(f) Motor engineers — shall refer to a duly licensed
motor engineer, whose category falls as Bay, River and Harbor
Engineers.
(g) Master — shall refer to a duly licensed and
registered Master Mariner.
(h) Examiner — shall refer to a member of the Board
of Examiners for Deck Officers, or a member of the Board of Examiners
for Engine Officers. chanroblesvirtualawlibrary
Section 3. Objectives. — This Act provides for and
shall govern:cralaw:red
(a) The examination, registration and issuance of
license of certified marine officers; and
(b) The supervision, control and regulation of the
practice of the marine profession in the Philippines.
Section 4. Implementation. — For the purpose of
implementing the provisions of this Act, the following Board shall be
created:cralaw:red
(a) Board of Examiners for Deck Officers;chanroblesvirtualawlibrary
(b) Board of Examiners for Engine Officers.
Section 5. Composition and duties. — (a) The Board of
Examiners for Deck Officers shall be composed of three Master Mariners,
one to act as Chairman and the other two as members, all of whom shall
be appointed by the President of the Republic of the Philippines, and
confirmed by the Commission on Appointments.
(b) The Board of Examiners for Engine Officers shall
be composed of three Chief Marine Engineers, one to act as Chairman and
the other two as members, all of whom shall be appointed by the
President of the Republic of the Philippines and confirmed by the
Commission on Appointments.
It shall be the duty of the Board of Examiners for Marine Officers to:cralaw:red
(1) Conduct a thorough inquiry into the character and
habits of all applicants for licensing. The Board shall consider not
only the evidence that the candidate presents in support of his
application but also other relevant evidence as it may deem proper;chanroblesvirtualawlibrary
(2) Determine the physical fitness of the applicant
through a competent physician elected by the Board; and chanroblesvirtualawlibrary
(3) Prescribe, prepare and supervise theoretical and
practical professional examinations for Masters, Mates, Patrons, Marine
and Motor Engineers.
Section 6. Qualification for Examiners. — (a)
Qualifications for membership to the Board of Examiners for Deck
Officers shall be as follows:cralaw:red
(1) Must have at least navigated as Master of a sea
going vessel for five years and at least an aggregate total of fifteen
years of practice as a Marine Officer;chanroblesvirtualawlibrary
(2) Must be endorsed by any marine professional
organization whose membership is duly licensed and registered Marine
Officers;chanroblesvirtualawlibrary
(3) Is not connected directly or indirectly with any
private school, college or university engaged in the training of Deck
Officers for at least two years prior to application for membership,
nor shall have pecuniary interest in such school, college or
university.
(b) Qualifications for membership to the Board of
Examiners for Marine Engineers shall be as follows:cralaw:red
(1) Must have at least navigated as chief engineer
for five years and at least an aggregate total of fifteen years of
practice as a Marine Engineer;chanroblesvirtualawlibrary
(2) Must be endorsed by any marine professional
organization whose membership is duly licensed and registered marine
officers;chanroblesvirtualawlibrary
(3) Is not connected directly or indirectly with any
school, college or university engaged in the training of marine
engineers for at least two years prior to application for membership,
nor shall have pecuniary interest in such school, college or
university.
Section 7. Terms of office and compensation. —
Members of Board of Examiners for Marine Officers shall serve their
terms of office for a period of three years from the effectivity of
their appointment, such appointment being subject to existing vacancy
in the Board at any time.
The Chairman and Members of the Board shall receive a compensation of
fifteen pesos for each candidate examined.
The Chairman and Members of the Board shall further receive a
compensation of five pesos for each licensed issued by the Board of
Examiners and per diem of ten pesos for each meeting while conducting
administrative investigations.
Section 8. Date of examination. — The Board of
Examiners for Marine Officers shall conduct two examinations in a year,
one in the City of Manila, on the last week of January, and another in
Cebu or Iloilo, alternately, on the last week of July: Provided,
however, That if conditions warrant, the Board may, upon approval of
the Office of the President consider conducting examination in other
places.
Section 9. Examination rating. — An examinee having
obtained a general weighted average of seventy-five per cent or above
with no rating below 60% in any subject; Provided, however, any
examinee failing to get the general weighted average of seventy-five
per cent shall be required to take a re-examination in all the subjects
prescribed by the Board. chanroblesvirtualawlibrary
Section 10. Registration and issuance. — All
successful candidates shall register in the office of the Boards of
Examiners after payment of the required and prescribed fees by the
Board; Provided, however, That no certificate and license shall be
issued to any candidate who has been convicted of any criminal offense
involving moral turpitude, immorality and dishonorable conduct and
those of unsound mind.
Section 11. Fees. — All application for examination
must be filed with the Office of the Board of Examiners at the
following fees:cralaw:red
Master Mariner and Chief Marine Engineer P100.00
Chief Mate, 2nd Marine Engineer and Major
Patron 70.00
2nd Mate and Third Marine Engineer 50.00
3rd Mate and Fourth Marine Engineer 50.00
Minor Patrons and Motor Engines 50.00
Section 12. The successful examinee or candidate for
the Board Examination must pay his corresponding fees for licenses at
the following rates:cralaw:red
Master Mariner and Chief Marine Engineer 50.00
Chief Mate, 2nd Marine Engineer and Major
Patron 40.00
2nd Mate and Third Marine Engineer 30.00
3rd Mate and Fourth Marine Engineer 30.00
Minor Patrons and Motor Engineers 30.00
Section 13. The licenses for Deck Officers shall be
classified:cralaw:red
(a) Unlimited — competency to command and/or navigate
merchant marine vessels of any gross tons, upon the waters of any sea
or ocean. chanroblesvirtualawlibrary
(b) Limited (Foreign) — competency to command and/or
navigate merchant marine vessels of any gross tons, registered for
foreign trade only.
(c) Limited (coastwide) — competency to command
and/or navigate merchant marine vessels of any gross tons, registered
for the coastwide trade only.
(d) Restricted (major) — competency to command and/or
navigate merchant marine vessels of not more than two hundred fifty
gross tons in a particular water of the Philippines.
(e) Restricted (bay, lake, river, or harbor) —
competency to command and/or navigate vessels of not more than twenty
gross tons in a particular bay, lake, river or harbor in the
Philippines.
Section 14. The licenses for Engine Officers shall be
classified as:cralaw:red
(a) Unlimited — Competency as Marine Engineer on
vessels of any tonnage propelled by any machinery, upon waters of any
sea or ocean.
(b) Limited (motor) — Competency as Motor Engineer on
vessels of small tonnage propelled by motor engine of not more than two
hundred fifty B.H.P.
Section 15. Admission requirements for examination. —
No person shall be qualified for examination as a marine officer unless
he is:cralaw:red
(a) Male;chanroblesvirtualawlibrary
(b) Citizen of the Philippines;chanroblesvirtualawlibrary
(c) At least twenty-one years of age;chanroblesvirtualawlibrary
(d) Mentally sound and physically fit with normal
color vision perception, as certified by a competent government
physician; and
(e) Of good moral character.
Section 16. Requirements for deck officers. —chanroblesvirtualawlibrary
(a) Master Mariner. — Applicant must be a holder of a
Chief Mate License who has served on merchant marine vessels of not
less than two hundred fifty gross tons as Chief Mate for a period of
two years, six months of which must be on merchant marine vessels
registered for the foreign trade and at least six months on merchant
marine vessels registered for the coastwide trade: Provided, however,
That if he has registered for the coastwide trade only, he can still
qualify for a Master Marine license but limited to merchant marine
vessels on coastwide trade, until such time when he will have served
the required six months as Chief Mate on merchant marine vessels
registered for the foreign trade, then his Master Mariner license
(limited) shall automatically be changed to Master Mariner license
(unlimited) without examination, and upon recommendation and
presentation of certificate of service from the Masters of such
vessels: Provided, further, That if he has served two years as Chief
Mate on merchant vessels registered for the foreign trade only, he can
still qualify for a Master Mariner license but limited to merchant
marine vessels on foreign trade, until such time when he will have
served six months as Chief Mate on merchant vessels registered for the
coastwise trade, then his Master Mariner License (limited) shall
automatically changed to Master Marine license (unlimited) without
examination, and upon recommendation and presentation of a certificate
of service from the Master of such vessel.
(b) Chief Mate. — Applicant must be a holder of
Second Mate license who has served on merchant marine vessels of not
less than two hundred fifty gross tons as Second Mate, for a period of
one year, four months of which must be on merchant marine vessels
registered for the foreign trade and at least four months on merchant
marine vessels registered for the coastwise trade: Provided, however,
That if he has served one year as Second Mate on Merchant Marine
vessels registered for the coastwise trade only, he can still qualify
for a Chief Mate's license but limited to merchant marine vessels on
coastwise trade, until such time when he will have served the required
four months as Second Mate on Merchant Marine vessels registered for
the foreign trade, then his Chief Mate license (unlimited) without
examination, and upon recommendation and presentation of a certificate
of service from the Master of such vessel.
(c) Second Mate. — Applicant must be a holder of
Third Mate License who has served on merchant marine vessels of not
less than two hundred fifty gross tons as Third Mate, for a period of
one year with at least four months on merchant marine vessels
registered for the foreign trade and at least four months on merchant
marine vessels registered for the coastwise: Provided, however, That if
he has served one year as Third Mate on merchant marine vessels
registered for the coastwise trade only, he can still qualify for a
Second Mate's license but limited to merchant marine vessels on
coastwise trade, until such time when he will have served the required
four months as Third Mate on Merchant marine vessels registered for the
foreign trade, then his Second Mate license (limited) shall
automatically be changed to Second Mate license (unlimited) without
examination, and upon recommendation and presentation of a certificate
of service from the Master of such vessel: Provided, further, That if
he has served one year as Third Mate on merchant marine vessels
registered for the foreign trade only, he can still qualify for a
Second Mate's license but limited to merchant marine vessels on foreign
trade, until such time when he will have served the required four
months as Third Mate on Merchant marine vessels registered for the
coastwise trade, then his Second Mate license (limited) shall
automatically be changed to Second Mate license (unlimited) without
examination, and upon recommendation and presentation of a certificate
of service from the Master of such vessel.
(d) Third Mate. — Applicant must be a holder of a
degree of Bachelor of Science in Marine Transportation, major in
Navigation and Seamanship, after completion of a nautical curriculum of
academic and theoretical studies, and eighteen months of practical
apprenticeship which must be served with at least four months on
merchant marine vessels of not less than two hundred fifty gross tons
registered for foreign trade, and at least four months on merchant
marine vessels of not less than two hundred fifty gross tons registered
for coastwise trade, such apprenticeship to be under the direct
supervision of a permanent staff of the institution assigned solely for
such purpose.
(e) Major patron. — An applicant for Patron in major
coastwise trade shall be at least twenty-five years of age and shall
produce a certificate showing that he has passed high school or its
equivalent in an officially recognized school and that he has navigated
on a coastwise or a high sea vessel as boatswain, quartermaster, sailor
or apprentice mate on a merchant marine vessel of not less than two
hundred fifty gross tons for a period of at least ten years, or that he
has navigated as minor patron for at least five years.
(f) Minor Patron. — An applicant for certificate of
Patron in the Minor coastwise trade shall not be less than twenty-five
years of age and shall produce satisfactory evidence showing that he
has passed high school or its equivalent in an officially recognized
school and that he has navigated on a coastwise or high sea vessel of
thirty gross tons or over a period of not less than five years as
boatswain, or quartermaster or sailor.
(g) Bay, lake, river or harbor patron. — An applicant
for a certificate as Patron for bay, lake, river or harbor shall be at
least twenty-five years of age and shall produce satisfactory evidence
showing that he has passed high school or its equivalent in an
officially recognized school, and that he has navigated on board a
vessel or watercraft of three gross tons and above for a period of not
less than five years as seaman or quartermaster.
Section 17. Engine Officers. — (a) Chief marine
engineer. — An applicant for certificate of Chief Marine Engineer shall
not be less than twenty-five years of age and shall produce
satisfactory evidence showing that he has passed Marine Engineering
schools or its equivalent in an officially recognized school and that
he has navigated as second engineer for a period of not less than two
years: Provided, further, That a certificate of service is issued to
the Chief Engineer and Master of the vessel and duly authenticated by
the ship owner or by the ship representative of the vessel.
(b) Second Marine Engineer. — Applicant must be a
holder of a Third Engineer license who has served on vessels of not
less than two hundred fifty B.H.P. as Third Engineer for a period of
one year on steam motor vessel: Provided, further, That as certificate
of service is issued by the Chief Engineer and master of the vessel and
duly authenticated by the ship owner or by the ship representative of
the vessel.
(c) Third Marine Engineer. — Applicant must be a
holder of Fourth Engineer license who has served on vessels of not less
than two hundred fifty B.H.P. as Fourth Engineer for a period of one
year on steam or motor vessel: Provided, further, That a certificate of
service is issued by the Chief Engineer and Master of the vessel and
duly authenticated by the ship owner or by the ship representative of
the vessel.
(d) Fourth Marine Engineer. — An applicant must be at
least a second year high school, recognized by the government, having
served for at least five years as apprentice engineer, oiler, or
machinist on vessels propelled by motor or steam engines of not less
than two hundred fifty B.H.P. Under this category, he must pass through
a review class before admitted to take examinations: Provided, however,
That if the applicant is a marine engineer graduate, of a recognized
school, he must have at least served two years as apprentice engineer,
oiler or machinist: Provided, further, That a certificate of service is
issued by the Chief Engineer and master of the vessel and duly
authenticated by the ship owner or by the ship representative of the
vessel.
(e) Motor Engineer. — An applicant shall be at least
twenty-one years of age, a graduate of Elementary school and shall
produce satisfactory evidence showing that he has served as oiler,
machinist, or apprentice motor engineer on motor vessel for at least
five years.
Section 18. Administrative investigation. — In
addition to the functions provided or in the preceding sections, the
Board of Engineers for both Deck and Engine Officers shall perform the
following duties:cralaw:red
(a) To study the conditions affecting the practice of
the marine profession in all parts of the Philippines.
(b) To exercise the powers conferred upon it by this
article to maintain the ethical and professional standards of the
marine profession.
(c) To conduct the necessary administrative
proceeding against any erring practitioner. chanroblesvirtualawlibrary
(d) To promulgate such rules of conduct or Code of
Ethics for a harmonious performance of the duties and obligations of
every practitioner. The manner of proceedings for investigation may be
promulgated by the Board. Provided, That the investigation and results
thereof are completed as soon as practicable.
Section 19. Grounds for proceedings against a
certified marine officer. — Any of the following shall be sufficient
grounds for proceedings against a certificated and licensed marine
officer:cralaw:red
(a) Conviction by a court of competent jurisdiction
of any criminal offense involving moral turpitude;chanroblesvirtualawlibrary
(b) Immoral or dishonorable conduct;chanroblesvirtualawlibrary
(c) Insanity;chanroblesvirtualawlibrary
(d) Fraud in the acquisition of the certificate of
registration;chanroblesvirtualawlibrary
(e) Gross negligence or incompetence in the practice
of his profession;chanroblesvirtualawlibrary
(f) Addiction to alcoholic beverages or to any
habit-forming drugs rendering him incompetent to practice his
profession;chanroblesvirtualawlibrary
(g) False or extravagant or unethical advertisement
in which other things than his name, profession, limitation of
practice, office and home address are mentioned; and
(h) Violation of any provision of the Code of Ethics
promulgated by the Board of Marine Engineers.
Section 20. Rights of respondents. — The respondent
certified merchant marine officer shall be entitled to be represented
by counsel, to have a speedy and public hearing and to confront and to
cross-examine witnesses against him.
Section 21. Appeal from judgment. — The decision of
the Board of Examiners shall become final thirty days after receipt by
the respondent of a copy of the decision, unless, during the same
period, he has appealed to the President of the Philippines, whose
decision then, shall be final.
Section 22. Reinstatement. — After five years, the
Marine Board of Examiners may order the reinstatement of any certified
marine officer, whose certificate of registration has been revoked if
the respondent, during his period has acted in an exemplary manner and
has not committed by illegal, immoral or dishonorable act.
Section 23. Limitation on the practice of the marine
profession. — All marine licenses for Masters, Mates Patrons, issued
prior to the enactment of this law shall retain the same condition
mentioned therein: Provided, however, That subsequent upgrading of such
license are in accordance with the provision stated therein.
The provisions of subsection (d), Section sixteen and subsection (d),
Section seventeen of this Act shall not prejudice all students already
enrolled in their respective courses to qualify them for their Third
Mate and Fourth Engineer license examinations respectively, after the
required shipboard apprenticeship. Provided, however, That after five
(5) years from the approval of this Act, examinees for the Fourth
Marine Engineers must be a graduate of the Marine Engineering School or
its equivalent degree and has served for at least two years as
apprentice engineer, oiler or machinist after graduation.
All licenses for chief, second, third and fourth motor engineer, issued
prior to the enactment of this law must be registered as marine
engineer and must renew their licenses as marine engineer with the
Board and pay the corresponding fees provided in Section twelve of this
Act. chanroblesvirtualawlibrary
All licenses for bay, river, lake and harbor engineers issued prior to
the enactment of this law shall register as motor engineer and must
renew their licenses as motor engineer and pay the corresponding fees
for license as provided in Section twelve of this Act.
Section 24. Repealing clause. — All laws, parts of
laws, orders or regulations, inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Section 25. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 13th day of January, in the year of Our Lord, nineteen hundred and
seventy-three.
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