Legal basis and STCW context
- Section 12 (f) of Executive Order No. 125, as amended by Executive Order No. 125-A, authorizes MARINA to issue the amendments.
- The amendments operate within the guidelines under Memorandum Circular No. 41-A on issuance of endorsement certificates and ratings certificate to comply with the 1978 International Convention on Standards of Training, Certification and Waterkeeping (STCW) for seafarers.
- The Circular is explicitly an amendment to Item E (fines and penalties) of Memorandum Circular No. 41.
Purpose of the fines and penalties scheme
- The Circular establishes criminal and administrative consequences for seafarers who falsify or tamper with documents in connection with applications for endorsements/ratings under the STCW compliance framework.
- The Circular also establishes administrative fines and corporate licensing consequences for shipping companies or manning agencies that request, recommend, secure, or tamper with spurious or tampered documents.
- The Circular imposes personal criminal exposure on responsible company/agency officials and employee/liaison officers/messengers involved in tampering or securing documents.
Seafarer disqualifications and criminal exposure
- A seafarer who submits any false statement or misrepresentation in an application is subject to criminal prosecution under the Revised Penal Code and an administrative penalty.
- A seafarer who submits fraudulent or tampered certificates or documents is likewise subject to criminal prosecution under the Revised Penal Code and an administrative penalty.
- For a first offense, the administrative penalties are fixed by seafarer category:
- Master Mariner: P12,000.00
- Chief Engineer: P11,000.00
- Chief Mate/Second Engineer: P9,000.00
- Second Mate/Third Engineer/Radio Operator/Electrician: P7,000.00
- Third Mate/Fourth Engineer: P6,000.00
- Ratings: P5,000.00
- For succeeding offenses, suspension or disqualification to practice his profession is imposed by the Professional Regulation Commission or the proper government agency, upon recommendation of MARINA.
Company and agency liability for tampered documents
- A shipping company or manning agency that requests or recommends an endorsement for and/or in behalf of a particular seaman is held responsible for spurious or tampered documents submitted to MARINA.
- The company or agency is responsible where the documents were secured or tampered by:
- the shipping company or manning agency, or
- any of their employees or liaison officers/messengers, or
- where the company or agency, employee, or liaison officer/messenger has tampered or participated in securing the documents from any source.
- For a company’s administrative penalties (for administrative fines) based on infractions, the Circular imposes:
- First Infraction: P25,000.00
- Second Infraction: P100,000.00 and suspension of company’s License for one (1) month by the Philippine Overseas Employment Administration or proper government agency upon recommendation of MARINA
- Third Infraction: Cancellation of company’s license by the Philippine Overseas Employment Administration or proper government agency upon recommendation of MARINA
- Solidary liability is imposed on the shipping company or manning agency for the spurious or tampered documents covered by the rule.
Criminal exposure of company/agency personnel
- Responsible officials of the company or agency are subject to criminal prosecution under the Revised Penal Code where the Circular’s covered conduct involves tampering or participation in securing spurious or tampered documents.
- Employee/liaison officer/messenger personnel are likewise subject to criminal prosecution under the Revised Penal Code for involvement in tampering or securing spurious or tampered documents.
Licensing and permit restrictions
- No permit, license or authority shall be granted pending compliance with Marina Memorandum Circular No. 41-B.