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.