Question & AnswerQ&A (MIA MEMORANDUM CIRCULAR NO. 96)
The watchlist system for seafarers is created pursuant to Section 12 (f) and (j) of Executive Order 125/125-A and to enforce the provisions of MARINA Memorandum Circular Nos. 82, 83, 87 and their amendments.
The main purpose is to establish a system of watchlisting seafarers who are facing disciplinary, administrative, or criminal charges to prevent them from being issued SIRB or STCW certificates unless cleared.
1) Being in the POEA blacklist; 2) Having criminal records listed by the NBI; 3) Being officially reported for involvement in heinous crimes or capital offenses; 4) Being administratively charged by MARINA with violations of maritime laws and there is strong evidence against the seafarer.
Seafarers on the watchlist are disqualified from applying for or being issued SIRB or STCW certificates until they are cleared from the charges against them.
The inclusion is automatic based on official lists from POEA, NBI, or government reports, and the seafarer is disqualified for certificates unless cleared by the government office concerned.
The Maritime Legal Affairs Office (MLAO) issues Show Cause Orders directing the seafarer to file written explanations within five days; MLAO then determines if there is a prima-facie case and whether evidence of guilt is strong, leading to inclusion in the watchlist or case dismissal.
The case is deemed submitted for resolution and the seafarer shall be included in the watchlist.
Cases may be initiated by the MARINA Administrator or the MARINA Board, private persons or companies through verified complaints, or official reports from MARINA units/offices.
The MLAO issues Show Cause Orders, evaluates evidence to determine probable cause and strength of guilt, drafts resolutions to dismiss or include seafarers in the watchlist, and furnishes watchlist updates to MARINA offices.
It took effect fifteen (15) days after its publication once in a newspaper of general circulation, following its adoption on March 16, 1995.