QuestionsQuestions (EXECUTIVE ORDER NO. 63)
Executive Order No. 63 cites (1) the Philippines’ obligation as a Party to the STCW Convention, (2) RA No. 10635 which established MARINA as the Single Maritime Administration for STCW implementation/enforcement, (3) Section 84 of RA No. 10964 (General Appropriations Act for FY 2018) authorizing the President to create new offices or modify agency structures when public interest requires, and (4) Section 17, Article VII of the 1987 Constitution granting the President control over executive departments and ensuring laws are faithfully executed.
EO 63 mandates the strengthening of MARINA to take necessary steps and strategies consistent with its authority to ensure faithful, effective, and full compliance with the STCW Convention obligations, and to establish systems and mechanisms promoting and protecting seafarers’ well-being to ensure professionalism and competitiveness locally and internationally.
Section 2 states that the provisions on MARINA taking the lead in evaluating approvals are subject to Section 4(c)(4)(i) of RA No. 10635, meaning EO 63’s role for MARINA must align with and not exceed the specific limitations/parameters already set in RA 10635.
EO 63 names (a) Bachelor of Science in Marine Transportation, (b) Bachelor of Science in Marine Engineering, and (c) other higher education programs that may be developed in the future that would require compliance with the STCW Convention.
CHED coordinates with MARINA for evaluating and inspecting maritime higher education institutions to ensure the maritime education programs comply with minimum standards under the STCW Convention; they also jointly issue rules and regulations implementing Section 2.
The joint rules and regulations are intended to implement Section 2 on maritime education, ensuring conformity with STCW Convention obligations and other relevant laws applicable in the Philippines.
EO 63 requires reconstitution such that five (5) members come from MARINA and four (4) come from CHED.
EO 63 provides that MARINA, in coordination with CHED, shall continue to monitor and verify that maritime education programs are structured and delivered according to written programs, methods/media of delivery, procedures, and course materials compliant with the STCW Convention, in accordance with RA No. 10635.
EO 63 directs MARINA, in consultation with the Department of Health (DOH), to establish medical fitness standards and procedures for issuance of medical certificates, and to ensure that those assessing medical fitness are medical practitioners duly recognized and accredited by DOH.
EO 63 requires MARINA and the Philippine Coast Guard (PCG) to jointly establish control procedures to verify and ensure seafarers onboard ships in Philippine ports are certificated or have appropriate dispensations in accordance with the STCW Convention, without prejudice to PCG’s port state control functions.
MARINA and the Philippine Coast Guard (PCG).
EO 63 provides that, except for Section 2, MARINA, in coordination with relevant government agencies, shall issue the necessary rules and regulations within thirty (30) days from the effectivity of the Order.
MARINA must submit to the Office of the President within six (6) months from the effectivity of EO 63, and every year thereafter, a progress report on the status of implementation.
EO 63 includes a repeal clause: all executive issuances inconsistent with the Order are hereby repealed or amended accordingly.
EO 63 contains a separability clause: provisions not affected by the invalidity remain in force and effect.
EO 63 takes effect immediately following its publication in the Official Gazette or in a newspaper of general circulation.