Legal basis and stated objectives
- The Order is anchored on the Philippines’ obligation as a Party to the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended (STCW Convention), which governs minimum standards for seafarers’ education, training, assessment of competence, certification, and watchkeeping.
- Republic Act (RA) No. 10635 established MARINA as the Single Maritime Administration responsible for implementing and enforcing the STCW Convention.
- The Order affirms the policy objective of demonstrating strict and full compliance with STCW Convention provisions to sustain international recognition of STCW Certificates issued by the Philippine Government and to ensure sufficient employment opportunities for Filipino seafarers abroad (WHEREAS clauses).
- The President’s authority is tied to Section 84 of RA No. 10964 (the General Appropriations Act for FY 2018) authorizing organizational modifications when public interest so requires, and to Section 17, Article VII of the 1987 Constitution granting the President control over executive departments and the duty to ensure faithful law execution (WHEREAS clauses).
Strengthening MARINA as single maritime administrator
- MARINA’s authority as the Single Maritime Administration is strengthened to ensure the Philippines’ faithful, effective, and full compliance with STCW Convention obligations (Section 1).
- MARINA must adopt necessary steps and strategies consistent with its mandate to ensure systems and mechanisms that promote and protect the well-being of seafarers (Section 1).
- MARINA must ensure that seafarers’ professionalism and competitiveness are advanced for both local and international trade (Section 1).
Maritime education programs and evaluation role
- MARINA leads the evaluation of requests for approval of maritime education programs, subject to Section 4(c)(4)(i) of RA No. 10635 (Section 2).
- MARINA evaluates requests for approval of:
- Bachelor of Science in Marine Transportation (Section 2);
- Bachelor of Science in Marine Engineering (Section 2);
- Other future higher education programs that require STCW Convention compliance (Section 2).
- MARINA, in coordination with Commission on Higher Education (CHED), evaluates and inspects maritime higher education institutions to ensure their maritime education programs comply with STCW Convention minimum standards (Section 2).
- MARINA and CHED jointly issue rules and regulations to implement Section 2, consistent with STCW Convention obligations and other relevant laws (Section 2).
Technical Panel reconstitution and composition
- The Technical Panel on Maritime Education is reconstituted such that it has 9 members total (Section 3).
- Five (5) members come from MARINA (Section 3).
- Four (4) members come from CHED (Section 3).
Monitoring, verification, and continuing compliance
- MARINA, in coordination with CHED, continues to monitor and verify maritime education programs to ensure they are structured and delivered according to written STCW-compliant programs, methods and media of delivery, procedures, and course materials (Section 4).
- Monitoring and verification is conducted in accordance with RA No. 10635 (Section 4).
Medical standards and medical certificates
- MARINA, in consultation with the Department of Health (DOH), establishes standards for medical fitness of Filipino seafarers (Section 5).
- MARINA establishes procedures for the issuance of medical certificates to Filipino seafarers (Section 5).
- MARINA must ensure that persons responsible for assessing medical fitness of Filipino seafarers are medical practitioners duly recognized and accredited by the DOH (Section 5).
Control procedures with Philippine Coast Guard
- MARINA and the Philippine Coast Guard (PCG) jointly establish control procedures to verify and ensure that seafarers on board ships in Philippine ports are:
- certificated; or
- issued appropriate dispensations,
in accordance with the STCW Convention (Section 8).
- Joint control procedures operate without prejudice to the port state control functions of the PCG (Section 8).
Implementing rules, timelines, reporting, and issuance duties
- MARINA, in coordination with relevant government agencies, must issue the necessary rules and regulations to implement the Order within thirty (30) days from effectivity, except where Section 2 governs implementation in another manner (Section 7).
- MARINA must submit to the Office of the President a progress report on the status of implementation:
- within six (6) months from effectivity; and
- every year thereafter (Section 8).
Repeal, separability, and amendment effect
- Executive issuances inconsistent with the Order are repealed or amended accordingly (Section 9).
- If any provision or part of the Order is declared invalid, illegal, or unconstitutional, the remaining provisions continue in force and effect (Section 10).