Question & AnswerQ&A (Republic Act No. 10635)
The main purpose of Republic Act No. 10635 is to establish the Maritime Industry Authority (MARINA) as the single maritime administration responsible for implementing and enforcing the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW Convention), as amended, and related international maritime agreements.
The STCW Convention refers to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, including all its subsequent amendments.
A seafarer is any person who is employed, engaged, or works onboard seagoing ships, whether involved in domestic or overseas trade, and to whom the STCW Convention applies.
MARINA acts as the single maritime administration for purposes related to compliance with the STCW Convention, administers and enforces this Convention and other related agreements, assumes roles of various agencies concerning certification and licensing of seafarers, adopts rules for ratings, ensures medical standards for seafarers, monitors maritime education compliance, and issues implementing regulations.
MARINA assumes the powers and functions of the Professional Regulation Commission (PRC), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the Department of Health (DOH), and the National Telecommunications Commission (NTC) relative to seafarers' certification and related matters.
MARINA shall ensure that examination, licensing, and certification for marine deck and engine officers conform to STCW Convention standards and shall take over the PRC's powers in this area as provided in Republic Act No. 8544.
MARINA chairs the Technical Panel on Maritime Education (TPME) of CHED, formulates and monitors maritime education policies and standards, reviews and harmonizes maritime education assessment procedures, recommends closures of substandard institutions, and maintains a list of compliant and phased-out programs.
MARINA coordinates with the Department of Health to ensure that medical standards and certification of seafarers' medical fitness comply with international conventions and requires that medical certificates are issued by accredited and qualified medical practitioners.
The Act adds the Commandant of the Philippine Coast Guard (PCG) as a member of the Maritime Industry Board in lieu of the Secretary of National Defense and allows the Board to create an advisory council to assist MARINA in ensuring compliance with the STCW Convention.
The State shall ensure compliance with the STCW Convention, recognize the vital contributions of seafarers to the economy by promoting their well-being, create a single administrative system conducive to a competitive seafaring industry, and harmonize all legal and administrative measures consistent with the STCW Convention.
The Act mandates that MARINA ensures the certification processes are efficient and convenient for seafarers, including establishing one-stop shop arrangements, computerization, automation, and eliminating redundant fees and charges.
Initial funding shall come from MARINA's savings or current-year appropriations, and subsequent funding will be included in the annual General Appropriations Act to support the Act's continuous implementation.