Question & AnswerQ&A (IRR of Republic Act No. 10635)
The official title is the '2022 Implementing Rules and Regulations (IRR) of RA 10635' or 'Act Establishing the MARINA as the Single Maritime Administration Responsible for the Implementation and Enforcement of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, and International Agreements or Covenants Related Thereto.'
The Maritime Industry Authority (MARINA) is designated as the Single Maritime Administration responsible for the implementation and enforcement of the STCW Convention and related agreements.
Besides MARINA, the IRR covers other government agencies such as the Commission on Higher Education (CHED), Department of Health (DOH), Department of Education (DepEd), Philippine Coast Guard (PCG), and other agencies that may be granted STCW-related functions in the future.
Able Seafarer Deck (AB Deck) means a rating qualified in accordance with the provisions of Regulation II/5 of the STCW Convention.
Members must: be Filipino citizens and residents, have proven integrity and moral values, be duly registered Master Mariners with a valid Certificate of Competency, have no direct or indirect interest in maritime education institutions, have at least 2 years management level sea service and 7 years total practice as merchant marine officers, have recent shipboard experience of at least 12 months within 10 years on appropriate ships, and must not have convictions involving moral turpitude.
The STCW Advisory Council assists the MARINA Administrator in the orderly and proper implementation of the STCW Convention by providing advice on policies, providing updates about the maritime industry, proposing amendments and enhancements to existing laws, and participating in dialogues between MARINA and stakeholders.
MARINA assumes the powers and functions of the Professional Regulation Commission (PRC), CHED, TESDA, DOH, and the National Telecommunications Commission (NTC) concerning issuance, validation, verification, correction, revocation, or cancellation of certificates related to seafarers under the STCW Convention.
The IRR establishes one-stop shop arrangements for certification services, computerized online/electronic mechanisms for assessments and issuance of certificates, elimination of redundant fees and charges, and promotes the least costly, efficient, and convenient procedures for seafarers.
MARINA may impose fines and penalties for violations of RA 10635 and related implementing rules, and coordinate with concerned government agencies to ensure compliance and enforcement of sanctions against persons or entities subject to regulation.
Medical fitness is governed through accreditation and regulation of Medical Facilities for Overseas Workers and Seafarers (MFOWS) and recognized medical practitioners by DOH in coordination with MARINA. Medical certificates must comply with Regulation I/9 of the STCW Convention, and DOH ensures regular monitoring of assessment activities.