QuestionsQuestions (IRR of Republic Act No. 10635)
The IRR is titled as the “2022 Implementing Rules and Regulations (IRR) of RA 10635…” and it covers MARINA as the single maritime administration responsible for STCW, and also covers other STCW-related government agencies, including CHED, DOH, DepEd, and the Philippine Coast Guard (PCG), plus any future agencies granted STCW-related functions.
“Administration” refers to MARINA (Maritime Industry Authority), which is designated as the Maritime Administration/Single Maritime Administration under RA 10635 for STCW implementation and enforcement.
A COC is a certificate issued to masters, officers, and GMDSS radio operators in accordance with the STCW Annex provisions, entitling the lawful holder to serve at a specified level of responsibility. A COP is a certificate issued (other than COC) by or under the authority of the Administration stating relevant training competencies or seagoing service requirements have been met.
The MISMO System (MARINA Integrated Seafarers' Management Online) is a digital platform used for transactions of seafarers and MARINA stakeholders related to assessment of competence and certification, aiming to reduce processing time, streamline requirements, and eliminate corrupt practices.
It means MARINA is the central authority for full and effective implementation and enforcement of the STCW Convention and Code throughout the Philippines, including related international agreements, through the regulatory framework described in the IRR.
Among others: ensure MEPs and curricula conform to STCW; chair CHED’s TPME; monitor/verify compliance of maritime education standards with CHED; develop QA mechanisms; inform the public of consequences of suspended/phased-out programs; ensure qualified instructors/assessors; recommend STCW Advisory Council composition; ensure at least one STCW Office executive has merchant marine qualification; and approve STCW Circulars to effect full compliance.
Among others: nationwide information dissemination; provide lists of compliant/non-compliant/phased-out programs and institutions; direct STCW Office divisions; direct specialized boards for deck/engine/officer/ratings and POSE; direct MARINA regional offices; recommend vacancy fill-ins for the Boards of Examiners; chair the Monitoring, Evaluation and Review Committee (MERC) of CHED; approve examination/assessment procedures; and issue requests/orders/decisions/penalties to seafarers, MTIs, ACs, shipping companies, and others as needed.
The Deputy Executive Director must ensure that Certificates of Competency are issued in accordance with STCW Regulation I/2 and that each has a unique number assigned.
Each Board has a Chairman and four (4) members appointed by the Administrator. Qualified applicants are recommended by the Executive Director to the Administrator.
They must be Philippine citizens/residents, have integrity/moral values, hold valid COC as Master Mariner/Chief Engineer, must not have pecuniary interest in schools offering relevant degrees or review classes, must not be faculty/administration of such institutions at appointment time, must have specified sea experience and ship-size/propulsion thresholds, and must not have been convicted of an offense involving moral turpitude.
The term is three (3) years, with reappointment possible but in no case shall they serve continuously for more than six (6) years.
BODRA establishes practical assessment scenarios for deck ratings per STCW (RFPNW and AB Deck), develops competency mapping standards, serves as technical inspector for accreditation of Practical Assessment Centers, ensures assessment scenarios match STCW standards before accreditation, ensures pilot testing/validation, monitors compliance, harmonizes periodic evaluation/assessment procedures with registered rating programs, and performs other directed duties.
BOERA has five (5) registered engine department personnel, none must be a registered chief engineer officer, with specified sea experience on ships powered by main propulsion machinery of 750 kW or more, at least one (1) year as AB Engine, and must include specific background such as serving as Electro-technical rating (ETR or equivalent), plus tanker certification and simulator assessor approval requirements (as stated).
EAP establishes minimum standards for STCW Chapter V and VI specialized training requirements, evaluates MTI applications to conduct such trainings, serves as technical inspectors for monitoring MTI compliance, and performs other duties directed by the ED.
Key divisions include QMD (QA/QSS and bilateral agreement facilitation); Certification Division (COCs/COPs issuance and certification procedures); EAD (examination and assessment coordination and secretariat to boards); Accreditation Division (approval procedures for ATCs and inspections for accreditation); Monitoring Division (monitoring of ATCs/MTIs/ACs/MHEIs/SHS and medical practitioners); ASD (admin services/resources); Legal Division (due process, investigations, prohibited acts/sanctions recommendations); Financial Services Division (financial management/cost controls); Public Information Division (public dissemination); R&D (research to improve programs/services); Surveillance Division (random surveillance of ATCs, practical assessments, and selected institutions); and ICTMD (ICT resource planning and security).
MARINA assumes powers/functions relative to issuance, validation, verification, correction, revocation/cancellation of certificates of competency, endorsement, proficiency, and documentary evidence required of seafarers, subject to requirements ensuring compliance with STCW (e.g., examination/licensing system for officers, able-bodied ratings rules, GMDSS certification, maritime education conformity, and coordination with DOH for medical fitness standards).