Question & AnswerQ&A (MIA MEMORANDUM CIRCULAR NO. 82)
The Philippine Constitution of 1987 Article II, Section 2, which adopts generally accepted principles of international law as part of the law of the land, serves as the primary legal basis. The Philippines acceded to the STCW Convention in May 1984.
The STCW Convention aims to promote the safety of life and property at sea and the protection of the marine environment by establishing international standards of training, certification, and watchkeeping for seafarers.
The Maritime Industry Authority (MARINA) is designated as the Maritime Administrator for implementing the STCW Convention provisions in the Philippines.
These guidelines do not apply to warships, naval auxiliaries or other government-operated non-commercial ships, fishing vessels, pleasure yachts not engaged in trade, and wooden ships of primitive build.
Filipino seafarers serving on board coastwise ships and their shipping companies or manning agencies, through duly authorized representatives, may apply.
They must submit a PRC-authenticated license, pass a medical examination including eyesight and hearing tests, have prescribed sea service experience in relevant ranks, present their Seaman’s Service Record Book, and produce required training certificates.
Seafarers must undergo a pre-employment medical examination including complete physical, chest X-ray, blood tests, dental and psychological exams, visual acuity and color perception tests, hearing and speech clarity tests, all from DOH-accredited facilities.
All seafarers must complete four basic safety courses: fire-fighting, first aid at sea, personal survival techniques, and survival craft/lifeboat handling, commonly known as SOLAS courses.
The company or agency faces escalating administrative fines starting from P10,000 for the first offense up to P25,000 for the third and subsequent offenses, and they are solidarily liable with the seafarer.
They face criminal prosecution under the Revised Penal Code, administrative fines ranging from P2,000 to P7,000 for first offenses, higher for repeat offenses, and possible suspension or disqualification from practicing their profession.
Applicants must prepare all required documents, get a queue number at MARINA, submit documents for evaluation, pay prescribed fees if approved, submit complete document sets, and wait for the release of the certificate.
Renewal or replacement requires application through their shipping company or manning agency, submission of a notarized affidavit of responsibility, and in case of lost certificates, an affidavit of loss.
MARINA may impose administrative fines up to P100,000, suspend the company’s Certificate of Public Convenience, and initiate criminal prosecution against responsible officials and employees.