QuestionsQuestions (MARINA MEMORANDUM CIRCULAR NO. 41-B)
It is issued pursuant to Section 12(f) of Executive Order No. 125, as amended by Executive Order No. 125-A.
Item E (on Fines and Penalties) of Memorandum Circular No. 41, as amended by Memorandum Circular No. 41-A.
Submitting any false statement or misrepresentation in an application, or submitting fraudulent or tampered certificates/documents.
Yes. The circular imposes administrative fines on first offense that vary by rank: Master Mariner (₱12,000), Chief Engineer (₱11,000), Chief Mate/Second Engineer (₱9,000), Second Mate/Third Engineer/Radio Operator/Electrician (₱7,000), Third Mate/Fourth Engineer (₱6,000), and Ratings (₱5,000).
Suspension or disqualification to practice his profession by the Professional Regulation Commission or proper government agency upon recommendation of MARINA.
They shall be held responsible and made solidarily liable for the spurious or tampered documents secured or tampered by the company/agency or their employees, liaison officers, or messengers, including where they tampered or participated in securing the documents from any source.
A first infraction carries an administrative fine of Twenty Five Thousand Pesos (₱25,000).
One Hundred Thousand Pesos (₱100,000) and suspension of the company’s license for one (1) month by POEA or the proper government agency upon recommendation of MARINA.
Cancellation of the company’s license by POEA or the proper government agency upon recommendation of MARINA.
No. It states that no permit, license, or authority shall be granted pending compliance with the memorandum circular.
Yes. It states that the responsible officials of the company or agency and the employee/liaison officer/messenger shall be subject to criminal prosecution under the Revised Penal Code.
It takes effect fifteen (15) days after its publication once in a newspaper of general circulation.
It creates a regulatory hold mechanism: applications or requests related to endorsement/authority cannot proceed until requirements under the circular are complied with, which can affect timelines and issuance of endorsements.
Seafarers face administrative fines (first offense) or suspension/disqualification for succeeding offenses; shipping/manning agencies face solidary administrative fines escalating by infraction level, plus possible suspension or cancellation of license, and responsible officials/messengers may also face criminal prosecution.
It means the company/agency may be held jointly and together liable with responsible parties as specified, ensuring the liability for the spurious or tampered documents can be enforced against the entities concerned under the circular’s scheme.