Title
Act No. 73
Date
Jan 16, 1901
Act No. 73 establishes a board responsible for examining and licensing applicants for sea-going vessel positions, requiring thorough character inquiries and examinations, with specific requirements for each position, and the authority to suspend or revoke licenses for misconduct or inattention to duty.
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Law Summary

Creation of the Licensing Board

  • Legal Principle: Establishes a board responsible for the examination and licensing of maritime positions.
  • Key Definitions:
    • Board: Composed of the Captain of the Port of Manila, the Superintendent of the Nautical School, and two appointed masters of merchant vessels.
  • Requirements and Procedures:
    • The Captain of the Port serves as the board president ex officio.
    • A quorum consists of any three members of the board.
    • The board conducts inquiries and examinations of applicants for the positions of master, mate, or patron.
  • Important Details:
    • The board certifies applicants to the Captain of the Port for licensing based on their qualifications.

Examination and Licensing Procedures

  • Legal Principle: Outlines the examination process for applicants seeking licensure.
  • Requirements and Procedures:
    • Board meetings occur in the last week of April, August, and December.
    • Applicants must submit written applications at least one month prior to the board meeting.
    • Physical examination by a qualified physician is mandatory.
    • Applicants must provide documented proof of service in relevant maritime positions.
  • Important Deadlines:
    • Applications must be submitted one month in advance of board meetings.
  • Penalties:
    • Applicants not physically sound will not be examined or licensed.

Specific Requirements for Licensure

  • Legal Principle: Specifies qualifications for various levels of maritime positions.
  • Key Definitions:
    • Third Mate: Requires nine months of service as a seaman or eighteen months as a quartermaster.
    • Second Mate: Requires a certificate as third mate and additional service time.
    • First Mate: Requires two years of service as second mate and three years as third mate.
    • Patron: Requires knowledge of navigation and maritime laws.
  • Important Requirements:
    • Age requirements: 21 years for third mate, 23 years for second mate and patron, 28 years for master.
    • Specific examination topics for each position focus on seamanship, navigation, and maritime laws.

Examination Standards and Licensing Duration

  • Legal Principle: Defines standards for examinations and the validity of licenses.
  • Requirements and Procedures:
    • Written examinations cover seamanship, navigation, cargo handling, and related duties.
    • A minimum score of 75% is required for passing.
  • Timeframes:
    • Licenses are valid for one year from issuance.
  • Consequences:
    • Licenses can be suspended or revoked for misconduct or incapacity.

Citizenship and Eligibility

  • Legal Principle: Establishes citizenship requirements for applicants.
  • Key Definitions:
    • Eligible Applicants: Must be citizens of the U.S. or the Philippines; specific provisions for foreign citizens currently serving.
  • Important Details:
    • Foreign applicants must secure a license within two years and comply with all other requirements.

Specific Definitions of Vessels

  • Legal Principle: Clarifies categories of vessels under the act.
  • Key Definitions:
    • Sailing Vessel: Defined as vessels of 150 tons or more.
    • Steamer: Defined as vessels of 100 tons or more, propelled by steam.

Fees and Compensation

  • Legal Principle: Establishes fees associated with the licensing process.
  • Requirements:
    • Licensing fees: $5 for master, $3 for mate or patron, payable to the Captain of the Port.
  • Consequences:
    • Fees collected are deposited into the Insular Treasury.

Board Member Compensation

  • Legal Principle: Outlines compensation for board members.
  • Requirements:
    • Board members receive $5 per diem during examinations unless in government service.

Effectivity

  • Legal Principle: States the act's effectivity.
  • Important Details:
    • The act takes effect upon its passage, dated January 16, 1901.

Key Takeaways

  • Act No. 73 establishes a structured process for the examination and licensing of maritime professionals in the Philippines.
  • It defines specific qualifications, age requirements, and examination standards for applicants seeking to become masters, mates, or patrons of sea-going vessels.
  • The act emphasizes physical fitness, knowledge of maritime operations, and adherence to legal and safety regulations.
  • Licensing is contingent upon meeting the outlined requirements and passing rigorous examinations, with licenses valid for one year, subject to revocation for misconduct.

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