Law Summary
Rationale for a Single Maritime Authority
- Effective achievement of seafarers' competitiveness relies on a unified government maritime authority.
- The authority is tasked to oversee maritime education, training, and certification in compliance with international standards.
International Framework: The STCW Convention
- The 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) sets global standards for maritime training and certification.
- It was adopted under the International Maritime Organization (IMO), which promotes safe, secure shipping and marine environment protection.
- The Philippines acceded to the STCW Convention on January 11, 1984.
Historical Role of MARINA and Need for Institutionalization
- MARINA implemented the STCW Convention from 1988 to 2000, issuing seafarers' Certificates of Competency.
- The 2010 Manila Amendments to the STCW Convention require extensive responsibilities for maritime administrations.
- Institutionalizing a single maritime administration is urgent to ensure full compliance with the Manila Amendments.
- Full implementation may require Congressional amendments affecting agencies like PRC and CHED.
Presidential Authority for Reorganization
- The Revised Administrative Code of 1987 grants the President continuing authority to reorganize the Executive Department.
Section 1: Oversight by DOTC through MARINA
- The Department of Transportation and Communications (DOTC) via MARINA has oversight and supervision over STCW compliance related to maritime education, training, and certification.
- This oversight is subject to existing laws.
Section 2: Designation as Single Maritime Administration
- DOTC through MARINA is designated the sole maritime administration overseeing STCW implementation.
- MARINA authorized to issue Certificates for seafarer deployment consistent with the 2010 Manila Amendments.
- MARINA must issue implementing rules and regulations to ensure compliance.
- DOTC through MARINA tasked to review and recommend amendments to laws to ensure STCW conformity.
Section 3: Transfer of Functions from MTC and TESDA
- Functions of the Maritime Training Council (MTC) and TESDA related to seafarer certification are transferred to DOTC through MARINA.
- All assets, records, equipment, personnel, and facilities of MTC and TESDA in these functions transferred accordingly.
Section 4: Cooperation from Government Agencies
- All government departments, agencies, bureaus, offices, and GOCCs must fully assist DOTC through MARINA in performing its functions.
Section 5: Funding and Personnel
- Implementation funding will be sourced as identified by the Office of the President and DOTC.
- Additional plantilla positions and hiring of personnel need coordination with the Department of Budget and Management (DBM).
- Future appropriations for STCW implementation to be integrated into DOTC/MARINA budgets.
Section 6: Implementing Rules and Regulations
- DOTC through MARINA shall promulgate necessary rules and regulations within 30 days of the Executive Order’s effectivity for effective implementation.
Section 7: Repealing Clause
- Letter of Instruction No. 1404 (1984) and Executive Order No. 242 (2000) are repealed.
- Other inconsistent orders, rules, and issuances partially or wholly repealed or modified accordingly.
Section 8: Transitory Provisions
- MTC and TESDA to continue their functions for 30 days after effectivity or until MARINA fully establishes transfer procedures.
Section 9: Separability Clause
- Invalidity or unconstitutionality of any provision does not affect other valid provisions of the Executive Order.
Section 10: Effectivity
- The Executive Order takes effect 15 days after publication in a newspaper of general circulation.