Question & AnswerQ&A (MIA STCW Circular No. 2015-11)
The official title is 'The 2015 MARINA Rules of Procedure in Administrative Investigation.'
The STCW Office (STCWO) of the Maritime Industry Authority (MARINA) has original and exclusive jurisdiction to hear such cases.
It covers violations including conviction by a court of any criminal offense involving moral turpitude, immoral or dishonorable conduct, gross negligence in official duties, violations of the Code of Ethics for Marine Deck/Engineer Officers, and violation of rules or regulations issued by MARINA.
No, this Circular is not applicable to cases primarily civil or criminal in nature. It only applies to administrative violations by Filipino seafarers holding management and operational level functions.
Prohibited pleadings include motions to dismiss except for lack of jurisdiction, motions for bill of particulars, petitions for relief from judgment, motions for new trial or reopening of trial, motions for extension of time except when the officer is on board vessel, demurrer to evidence, and other pleadings meant to delay proceedings.
Any person or entity with personal knowledge of violations may file a sworn written complaint with the STCWO. The STCWO may also initiate a complaint motu proprio.
Non-payment of docket fees shall cause the dismissal of the case. Payment of docket fees is a jurisdictional requirement except for cases filed motu proprio by STCWO.
The mandatory mediation conference aims to explore settlement or compromise between parties. If mediation fails, the Legal Officer terminates the mediation and the case is forwarded to the Board for submission of position papers and resolution.
Penalties include revocation or suspension of Certificates of Registration, reprimand, cancellation of examination papers, withholding of examination results, debarment from examinations, or denial/cancellation of applications or registrations.
An appeal must be filed within fifteen (15) calendar days from receipt of the decision to the Office of the Administrator of MARINA.