IRR of RA 10635 Establishing MARINA as Maritime Administration

Key definitions for STCW implementation

The IRR defines an Able Seafarer Deck (AB Deck) as a rating qualified under regulation II/5 of the STCW Convention.
The IRR defines an Able Seafarer Engine (AB Engine) as a rating qualified under regulation III/5 of the STCW Convention.
The IRR treats an Advisory as information on current Administration policy for implementing maritime laws and international maritime instruments, specifically RA 10635 and the STCW Convention.
The IRR defines Appropriate media as primarily the MARINA website, other government agency websites, and social media, and may include advisories, newspaper publication in a general circulation newspaper, or any other medium promoting widest dissemination of lists of compliant, suspended, or phased-out MEPs and ATCs.
The IRR defines an Approved training course (ATC) as learner-centered instructions approved by the Administration to equip trainees with competencies required under the STCW Convention, 1978, as amended.
The IRR defines Assessment as evaluating evidence of competence through one or more methods of demonstrating competence under Column 3 of the competency tables of the STCW Code.
The IRR defines an Assessment Center (AC) as an institution accredited by the Administration to conduct practical assessment for issuance of appropriate STCW certificates.
The IRR defines an Assessor as a person conducting in-service assessment of competence of a seafarer, either on board or ashore in an MTI, to qualify for certification under STCW.
The IRR defines Authority to Operate as the authority issued or granted by CHED to a MHEI for operation of a maritime higher education program in the form of a Permit or Recognition.
The IRR defines MARINA as the Maritime Industry Authority, the Maritime Administration / Single Maritime Administration under Section 2 (e) of RA 10635, and also refers to it as the Administration under STCW.
The IRR defines a Maritime Education Program (MEP) as any maritime education program such as BSMT, BSMarE, TVL, and pre-baccalaureate maritime specialization leading to competence under STCW.
The IRR defines Maritime Higher Education Institution (MHEI) as a higher education institution granted authority by CHED to operate BSMT and/or BSMarE programs.
The IRR defines a Marine Training Institution (MTI) as a public or private institution authorized by MARINA to offer mandatory maritime training courses under STCW, 1978, as amended.
The IRR defines Medical certificate, Medical fitness, and Medical Practitioner using the standards and recognition framework under Regulation I/9 and the STCW Code, and through accreditation/recognition systems involving the DOH and the PRC for medical practitioners working in accredited facilities.
The IRR defines MISMO System as the MARINA Integrated Seafarers’ Management Online (MISMO) System, a digital platform used for transactions relevant to seafarer competence assessment and certification.
The IRR defines Non-compliant and Compliant as the conformance or non-conformance of MEPs, ATCs, and related programs to MARINA / CHED standards in compliance with the STCW Code.
The IRR defines Seafarer as any person employed, engaged, or working onboard seagoing ships to whom the STCW Convention applies.
The IRR defines Seagoing ship as a ship other than those navigating exclusively in inland waters or in waters within or closely adjacent to sheltered waters or areas where port regulations apply.
The IRR defines Standard of competence as the minimum knowledge, understanding, and proficiency in the STCW competency tables that a seafarer must demonstrate to be entitled to certification to the satisfaction of the Administration.

MARINA as single maritime administration

Section 4 requires MARINA to act as the Single and Central Maritime Administration for full and effective implementation of the STCW Convention and Code.
Section 4 directs that the Single Maritime Administration be organized through specific leadership and boards within MARINA to provide an efficient and transparent regulatory framework.
The MARINA Administrator is responsible for overall STCW compliance and must ensure MEPs are structured and delivered according to compliant programs, methods and media, procedures, and course materials consistent with the STCW Convention.
The MARINA Administrator must chair the Technical Panel for Maritime Education (TPME) of CHED, and must coordinate monitoring and verification of maritime education compliance with policies, standards, and guidelines through the responsible officers under the STCW Office.
The MARINA Administrator must develop and recommend strict quality assurance mechanisms and relevant typology for MEPs, ATCs, and concerned institutions.
The MARINA Administrator must ensure that the consequences of enrolling in suspended or phased-out programs are publicly understood.
The MARINA Administrator must ensure that key performance indicators of the QSS reflect measurable outcomes.
The MARINA Administrator must ensure that approved instructors, supervisors, and assessors are appropriately qualified under Section A-1/6 of STCW.
The MARINA Administrator must recommend to the Maritime Industry Board the composition and membership of the STCW Advisory Council.
The MARINA Administrator must ensure that at least one of either the Executive Director or Deputy Executive Director of the STCW Office possesses merchant marine officer qualification and must recommend to the Secretary of Transportation (SOTr) whenever a vacancy arises.
The MARINA Administrator must approve STCW Circulars prepared by the STCW Office to effect full STCW compliance.

STCW Office, Boards, and panels

The Executive Director of the STCW Office must conduct nationwide information dissemination and campaigns on proper STCW compliance for all concerned parties.
The Executive Director must periodically provide the Administrator a list of compliant, non-compliant, and phased-out maritime education and training programs, MHEIs, and MTIs.
The Executive Director must direct the Deputy Executive Director on operational requirements of STCW Office divisions and must direct the boards and panels handling deck/engine and advisory functions for STCW matters.
The Executive Director must direct the MARINA Regional Offices through their Regional Directors on STCW-related concerns.
The Executive Director must recommend qualified and competent persons for vacancies in the Board of Examiners (BOE).
The Executive Director must chair the Monitoring, Evaluation and Review Committee (MERC) of CHED and serve as alternate Chair of the TPME on behalf of the Administrator, except when TPME deliberates on recommendations put forward by the MERC.
The Executive Director must approve examination and assessment procedures recommended by the Boards of Examiners, and must issue requests, orders, decisions, or penalties directed to seafarers, MTIs, ACs, shipping companies, and other entities as appropriate for STCW administration.

Board of Examiners: composition and qualifications

Each Board of Examiners consists of a Chairman and four (4) members appointed by the Administrator, and each Board is structured under the STCW Office.
BOMDO (Board of Marine Deck Officers) and BOMEO (Board of Marine Engineer Officers) require the Chairman and members to be Filipino citizens and residents, with integrity and high moral values evidenced by past professional conduct.
BOMDO/BOMEO members must be duly registered Master Mariner / Chief Engineer holders with valid Certificate of Competency, and must not have pecuniary interest in relevant maritime education/training institutions or faculties/administrations at the time of appointment.
BOMDO/BOMEO members must have served at management level for at least two (2) years onboard sea-going vessels and must have at least seven (7) years of practice as a Merchant Marine Officer.
BOMDO members require last shipboard experience as Master Mariner with at least 12 months accumulated within a period of 10 years on seagoing ships of 500 gross tonnage or more, while BOMEO requires last shipboard experience as Chief Engineer on ships with main propulsion machinery of 750 kw propulsion power or more within the same time framework.
BOMDO/BOMEO members must not have been convicted by any competent court of an offense involving moral turpitude.

Board of Examiners: terms and key duties

BOMDO/BOMEO members have a term of three (3) years, and may be reappointed upon recommendation of the Executive Director, but cannot serve continuously for more than six (6) years.
Each BOE member must take the proper oath of office prior to entering duty.
BOMDO/BOMEO compensation and allowances must be comparable to compensation and allowances of chairpersons and members of other existing regulatory boards under the PRC and under the General Appropriations Act (GAA).
BOMDO/BOMEO must establish examination and assessment procedures compliant with STCW and approved by the Executive Director.
BOMDO/BOMEO must create and evaluate a database of questions for competence-based examinations consistent with STCW tables of competencies.
BOMDO/BOMEO must develop competency mapping standards for practical assessment of deck/engine officers and replenish question databases at a rate of 20% a year.
BOMDO/BOMEO must assess evidence of competence under STCW requirements.
For BOMDO, candidates for COCs as Officer-in-Charge of Navigational Watch must complete at least six (6) months of bridge watchkeeping duties during the navigational watch onboard ship, covering a minimum period of six (6) months, and must comply with requirements for the operational level of responsibility consistent with STCW functions and competencies.
For BOMEO, candidates for COCs as Officer-in-Charge of Engineering Watch must complete at least six (6) months of engine-room watchkeeping duties during the watch onboard ship, covering a minimum period of six (6) months, and must comply with operational level requirements consistent with STCW functions and competencies.
BOMDO must ensure candidates for certification as GMDSS Radio Operator comply with Chapter IV of STCW.
BOMEO must ensure candidates for certification as Electro-technical Officer (ETO) comply with Regulation III/6, including approved seagoing service under Regulation III/6, Par. 2.2.
BOMEO must ensure that COCs are issued with appropriate limitations on the type of propulsion machinery and that relevant training has been completed.

Deck and engine ratings boards

Board of Deck Ratings (BODRA) must be composed of five (5) registered deck department personnel, none of whom must be a registered master, and each must have at least five (5) years sea-going experience on ships of 500 gross tons or more and at least one (1) year as Able Seafarer Deck (or equivalent).
BODRA members must be qualified and certificated assessors, and must be well-recognized for integrity and professionalism, subject to qualification requirements on tanker certification, able seafarer deck experience on last assignment, simulator assessment assessor approval, and educator/trainer experience in an MHEI or MTI for at least one (1) year on STCW-related courses(s).
BODRA members have a term of three (3) years, and may be reappointed upon recommendation of the Executive Director, but cannot serve continuously beyond six (6) years.
BODRA compensation must be comparable to a MARINA Division Chief.
BODRA must establish practical assessment scenarios for deck ratings (including RFPNW and AB Deck) compliant with STCW and approved by the Executive Director.
BODRA must serve as technical inspector for accreditation of practical assessment centers for RFPNW and AB Deck and must ensure pilot testing/validation prior to approval.
BODRA must harmonize procedures for periodic evaluation, assessment, and monitoring activities of accredited institutions with registered rating programs, and must conduct technical inspection of monitoring and verification of assessment-center compliance.

Examiners of Ancillary Proficiencies and divisions

The Examiners of Ancillary Proficiencies (EAP) must be composed of five (5) registered officers in the deck and engine departments, each with at least five years sea-going experience on ships of 500 gross tons or more or powered by main propulsion machinery of 750 kilowatts or more.
EAP members must be qualified and certificated assessors, not more than sixty (60) years old, and must be well-recognized for integrity and professionalism, subject to qualification requirements involving tanker management experience, gas tanker management experience, passenger ship deck officer or GMDSS radio operator/passenger/security officer experience in the last five (5) years, and ETO experience in the last five (5) years.
EAP members must have prior educator/trainer experience in an MHEI or MTI for at least one (1) year on STCW-related course(s).
EAP members have a term of three (3) years, may be reappointed upon recommendation of the Executive Director, and cannot serve continuously beyond six (6) years.
EAP compensation must be comparable to MARINA Supervising MIDS.
The STCW Office operates through divisions with defined functions including: Quality Management Division (QMD); Certification Division (CD); Examination and Assessment Division (EAD); Accreditation Division (AD); Monitoring Division (MD); Administrative Services Division (ASD); Legal Division (LD); Financial Service Division (FSD); Public Information Division (PID); Research and Development Division (RDD); Surveillance Division (SD); and Information and Communication Technology Management Division (ICTMD).
The Certification Division (CD) must issue appropriate certificates to qualified seafarers and must ensure certification processes are speedy, efficient, and effective, and it may certify true copies or authenticate copies of certificates exclusively by the issuing entity.
The Legal Division (LD) must investigate and implement due process requirements in processing cases, controversies, or STCW violations, and must recommend prohibited acts and sanctions relating to STCW implementation.
The Surveillance Division (SD) must schedule efficient and cost-effective random surveillance of ATCs and practical assessments conducted by ACs, and may conduct random surveillance of MHEIs and Senior High Schools with Maritime Strand upon approval of the STCW Executive Director.
The ICTMD must ensure the STCW Office has secure ICT systems in central and regional offices.

Regional implementation, evaluation, and sanctions

MARINA Regional Offices must encourage and support STCW compliance campaigns and capability-building activities by MHEIs and MTIs.
MARINA Regional Offices must review policies adopted by MHEIs and MTIs as required by the IRR and must submit consolidated reports to MARINA through the STCW Office.
MARINA Regional Offices must consolidate reports on incidents, cases of non-compliance, and prohibited acts within the region, including satellite-office reports, and must periodically submit regional reports to MARINA through the STCW Office.
MARINA Regional Offices must monitor and evaluate the implementation and enforcement of the IRR.
MARINA Regional Offices must provide administrative support to the STCW Office and CHED when monitoring and enforcement activities are conducted.
MARINA Regional Offices must effect sanctions and penalties ordered by the Executive Director on erring MHEIs and MTIs.
MARINA Regional Offices must recommend to the Administrator candidates for Regional Evaluators who are registered deck officers or engineer officers with at least five (5) years sea-going experience on ships of 500 gross tons or more or powered by main propulsion machinery of 750 kilowatts or more, and who are qualified and certified assessors with tanker certification and recognized integrity and professionalism.
Regional Evaluators must assess and evaluate evidence of competence, including documentary evidence, for issuance, revalidation, and replacement of COPs and/or COCs as appropriate, and must issue appropriate COPs/COCs upon satisfactory compliance.

Powers, functions, and STCW certificates

Section 5 empowers MARINA to act as the single and central maritime administration for all STCW compliance-related purposes.
Section 5 directs MARINA to administer and ensure effective implementation of the STCW Convention, including international conventions or agreements implementing or applying it, and international maritime safety conventions or agreements it seeks to promote compliance with.
Section 5 transfers MARINA the powers and functions of PRC, CHED, TESDA, DOH, and NTC relative to issuance, validation, verification, correction, revocation, or cancellation of certificates of competency, endorsement, proficiency, and documentary evidence required of seafarers, including matters pertaining to STCW implementation.
Section 5 requires MARINA to ensure that the examination, licensing, and certification system for marine deck and engine officers conforms to STCW requirements.
Section 5 requires MARINA to adopt rules and regulations governing able-bodied deck and engine ratings, including monitoring/verification of compliance, harmonization of periodic evaluation/assessment/monitoring procedures of accredited institutions for ratings, and issuance of certificates of proficiency to ratings.
Section 5 requires MARINA to ensure legal and administrative measures for GMDSS radio operators certificates align with STCW, and to assess, revalidate, and issue GMDSS certificates accordingly.
Section 5 requires MARINA to ensure maritime education—including curricula and training programs—is structured and delivered through compliant programs, methods and media, procedures, and course materials consistent with STCW.
Section 5 requires MARINA, for maritime education implementation, to chair TPME; monitor and verify CHED PSG compliance; review and harmonize periodic evaluation/assessment/monitoring of institutions; develop quality assurance mechanisms and typology; recommend closure/phase-out of substandard institutions and schemes/options for affected institutions; maintain updated lists of compliant and phased-out programs with clear consequences; and formulate and issue rules governing MTIs, ACs, and OMTPs.
Section 5 requires MARINA to coordinate with the DOH to ensure medical standards for medical fitness and recognition of medical practitioners conform to international conventions and existing laws, including ensuring medical examinations and medical certificates issued by DOH-accredited hospitals/clinics/laboratories and medical practitioners follow STCW standards.
Section 5 requires MARINA to ensure medical certificates are issued by duly qualified and DOH-recognized medical practitioners, and requires maintenance of a register of recognized medical practitioners available to seafarers, shipping companies, and STCW State Parties.
Section 5 requires MARINA to conduct periodic evaluation of QSS of government agencies involved in STCW Convention implementation.

Maritime Industry Board and STCW Advisory Council

Section 8 places the PCG Commandant on the Maritime Industry Board in lieu of the Secretary of National Defense, and sets the Board’s voting membership including the Secretary of the Department of Transportation (Chairman), the MARINA Administrator (Vice Chairman), the Executive Secretary, the Secretary of Department of Trade and Industry, the Chairman of the Development Bank of the Philippines, the General Manager of the Philippine Ports Authority, the PCG Commandant, and the Chairman of the Society of Naval Architects and Marine Engineers, Inc..
The Maritime Industry Board’s non-voting members include the Secretary of the Department of Foreign Affairs, private sector representatives for overseas shipping, and private sector representatives for domestic shipping.
Section 7 establishes the STCW Advisory Council (SAC) with not more than eleven (11) members appointed from concerned maritime sectors including ship owners, professional seafarers, academe teaching professional STCW courses, maritime education and training institutions, manning service providers, maritime regulatory experts, and listed STCW competent persons of PH, with each group assigned specified member counts.
The SAC designates a Chairman and Vice-Chairman among its members.
The Maritime Industry Board appoints SAC members from stakeholder nominees and must consider integrity, exemplary leadership, advocacy for transparency and good governance, and commitment to participate.
SAC members serve for three (3) years and may be reappointed such that total service does not exceed six (6) years.
The SAC meets at least once a month, and may hold special meetings upon call of the Chairman or any three (3) members, with a majority as quorum.
The SAC’s primary role is to assist Administrators on orderly and proper STCW implementation for the best interest of the Philippine maritime industry by advising on policies and regulatory frameworks, providing updates and identifying key industry issues, proposing amendments and alternative solutions for policies and regulations, participating in dialogues between MARINA and stakeholders, and undertaking other activities identified by the MARINA Board or STCW Administration.

CHED, TPME, PCG, and DOH mandates

Section 8 requires CHED, in coordination with MARINA, to issue and review PSGs governing BSMT and BSMarE programs, including delivery methods, media, procedures, and course materials, to ensure they are structured and delivered to achieve competence standards and are supported by appropriately qualified persons under Regulation I/5 and Section A-I/6 of STCW.
Section 8 requires CHED, in coordination with MARINA, to issue guidelines on evaluation and inspection of existing MHEIs, including decisions and resolutions for phasing out/closure of maritime education programs and revocation of permits or recognition.
Section 8 directs CHED to revoke the authority to operate maritime education programs upon MARINA’s recommendation when evaluation and inspection show non-compliance with relevant CHED PSGs aligned with STCW.
Section 8 requires CHED to act on results of MARINA monitoring and surveillance activities.
Section 9 requires TPME to formulate, review, and recommend PSGs for maritime education to CHED en banc, including curricula, facilities, and guidelines.
Section 9 requires TPME to provide technical expertise to CHED on developing PSGs and operational rules for maritime higher education programs with STCW components.
Section 9 requires TPME to provide technical expertise in evaluating HEI compliance for purposes of permit/recognition and issuance of certificate of program compliance (COPC), including incentives and sanctions such as program termination or closure.
Section 9 requires TPME to develop assessment instruments for monitoring and evaluation tasks.
Section 9 requires TPME to represent CHED in meetings, workshops, conferences, consultations, hearings, as appropriate and as needed.
Section 10 requires PCG, in coordination with MARINA, to establish control procedures to verify that seafarers on ships calling Philippine ports are certificated or have appropriate dispensations under STCW, without prejudice to Port State Control functions.
Section 10 requires PCG, in coordination with MARINA, to verify Filipino cadets’ shipboard training includes systematic practical training and experience for Officer-in-Charge of a watch tasks, supervised monitoring by qualified officers, watchkeeping duties under supervision of the Master or qualified officer, and adequate documentation in the Training Record Book or similar document.
Section 10 requires PCG, in coordination with MARINA, to issue corresponding policy detailing control procedures and guidelines on verification of seafarer certificates and Filipino cadets on ships calling Philippine ports, without prejudice to Port State Control functions.
Section 11 requires DOH, in coordination with MARINA, to establish policies and standards for medical fitness and requirements for recognition of medical practitioners responsible for medical fitness assessments and procedures for issuing medical certificates in accordance with Regulation I/9 of STCW.
Section 11 requires DOH, in coordination with MARINA, to ensure that assessment activities by recognized medical practitioners are regularly monitored for STCW compliance.
Section 11 requires DOH, in coordination with MARINA, to conduct surveillance of assessment activities by recognized medical practitioners to ensure implementation conforms to applicable laws, MARINA and DOH circulars and guidelines, and STCW.
Section 11 requires DOH to establish and maintain an electronic uploading system and submit a summary of monitoring and surveillance results (with the continuing details truncated in the provided text).