QuestionsQuestions (MIA STCW Circular No. 2015-11)
It is titled “MIA STCW Circular No. 2015-11 — 2015 MARINA Rules of Procedure in Administrative Investigation of Cases for Violations Committed by Filipino Seafarers holding Management and Operational Level related functions,” adopted on 22 July 2015.
Proceedings before the MARINA STCWO are summary in nature, and the Rules of Court do not apply except suppletorily.
The STCWO has original and exclusive jurisdiction to hear and decide all cases involving seafarers holding Management or Operational Level related functions.
They shall be filed at the STCWO.
Any person or entity with personal knowledge of the violation may file a sworn written complaint containing concise and ultimate facts constituting the violation.
Yes. The STCWO may initiate a complaint motu proprio for causes of action provided in the Circular.
To certify under oath that no other action/claim involving the same issues is pending or has been commenced; if one exists, to disclose its status and report any later discovery within five (5) days.
Payment of docket fees is a jurisdictional requirement; non-payment causes dismissal, except for cases filed motu proprio by the STCWO.
Within ten (10) calendar days, and the Circular also states that the respondent’s verified answer should be filed within a non-extendible period of fifteen (15) days from receipt of the SCO (context: later Section VI/Answer provisions).
The Board will direct the complainant(s) to file within thirty (30) days a position paper and draft decision; then the case is deemed submitted for resolution. If the complainant also fails, the case is dismissed.
After receipt of the Answer, the Board issues an order setting a mandatory mediation date; mediation is conducted by a lawyer assigned by the Legal Division.
Yes, if mediation results in a compromise agreement reduced to writing and signed by the parties/authorized representatives, subject to Board approval; it becomes final and executory. Cases initiated motu proprio by the STCWO are not subject to mediation nor compromise.
If the complainant does not appear during two (2) mediation settings despite due notice, the Board may dismiss motu proprio or upon motion. If the respondent does not appear at the first conference, a second setting is scheduled; if still absent, the respondent waives the right to file position paper.
Upon termination of mandatory mediation, the Board directs simultaneous submission of verified position papers (with supporting documents/affidavits if any) and draft decision within thirty (30) calendar days.
Within thirty (30) calendar days after submission of the case for decision.
After fifteen (15) days from receipt by the parties, unless a Motion for Reconsideration or an appeal is filed within the reglementary period.
Appeal may be entertained only on: (1) prima facie evidence of abuse of discretion; (2) decision secured through fraud or coercion; or (3) serious errors in findings of facts that would cause grave or irreparable damage or injury to the appellant.
Within fifteen (15) calendar days from receipt of the decision, resolution, or order, with the last day adjusted to the first working day if the 15th day falls on Saturday, Sunday, or holiday.
Revocation or suspension of the Certificate/s of Registration or reprimand, including surrender of STCW Certificates (if applicable) within ten (10) days from finality; it adopts penalties from PRC Resolution No. 2013-775.