Key Definitions
- Detailed definitions include terms like Able Seafarer Deck and Engine, Advisory, Approved Training Course, Assessment, Assessment Center, Certificate of Competency, Certificate of Proficiency, CHED, DepEd, DOH, GMDSS operator, Instructor, Learner, MARINA, Maritime Education Program, Medical Fitness, Maritime Training Institution, Medical Certificate, among others.
- Important to understanding application and compliance with the STCW standards and processes.
MARINA as the Single Maritime Administration
- MARINA Administrator's duties include ensuring compliance of maritime education programs, chairing Technical Panel for Maritime Education, monitoring, devising quality assurance mechanisms, approving STCW Circulars, ensuring qualified personnel, and approving key policies.
- Executive Director of STCW Office manages nationwide campaigns, coordinates boards and regional offices, approves examination procedures, and issues necessary orders.
- Deputy Executive Director oversees divisions, issues certificates, and assists policy formulation.
- Various Boards established for Marine Deck Officers (BOMDO), Marine Engineer Officers (BOMEO), Deck Ratings (BODRA), Engine Ratings (BOERA), and Examiners of Ancillary Proficiencies (EAP) with defined compositions, qualifications, duties, and responsibilities concerning certification, assessment, scenario development, and monitoring.
- STCW Office is comprised of multiple specialized Divisions (Quality Management, Certification, Examination and Assessment, Accreditation, Monitoring, Administrative Services, Legal, Financial, Public Information, Research and Development, Surveillance, Information and Communication Technology Management) tasked with implementing and enforcing compliance under detailed procedures.
- MARINA Regional Offices perform regional monitoring, campaign support, report consolidation, enforcement, and assessment functions.
Powers and Functions of MARINA
- Act as the central administration for STCW compliance.
- Administer and enforce the STCW Convention and related international maritime safety conventions.
- Assume functions related to issuance, validation, and revocation of certificates from agencies like PRC, CHED, TESDA, DOH, and NTC.
- Ensure examination, licensing, and certification conform to STCW requirements for officers and ratings.
- Chair the Technical Panel on Maritime Education (TPME) to oversee maritime education policy, monitoring, evaluation, phase-out recommendations, and quality assurance.
- Coordinate with DOH on medical standards and maintain register of accredited medical practitioners.
- Conduct periodic evaluation of quality systems of government agencies involved.
Maritime Industry Board Composition
- Includes key officials: Secretary of Transportation (Chairman), MARINA Administrator (Vice Chairman), other members including PCG Commandant replacing Secretary of National Defense.
- Voting and non-voting members encompass government heads and private sector representatives.
STCW Advisory Council
- Comprises up to 11 members from various maritime sectors.
- Appointed based on integrity, leadership, transparency advocacy, and commitment.
- Mandate to advise MARINA on policy formulation, updates, amendments, and stakeholder dialogues concerning STCW implementation.
Roles of Other Government Agencies
- CHED: Issues and reviews policies, standards, and guidelines for maritime higher education; revokes programs on MARINA recommendation; acts on monitoring reports.
- TPME: Provides technical expertise to CHED on maritime education policies, program evaluation, assessment tools, and representation in relevant forums.
- PCG: Verifies certification of seafarers; monitors Filipino cadets’ shipboard training; issues policies on verification procedures at ports.
- DOH: Establishes medical fitness policies; monitors accredited medical practitioners; requires electronic submission of medical reports; regulates Medical Facilities for Overseas Workers and Seafarers (MFOWS).
- DepEd: Evaluates and approves Senior High School maritime programs; monitors implementation in coordination with MARINA.
Compliance Mechanisms
- Establishment of One-Stop Shop arrangements for efficient and convenient issuance and related services.
- Full computerization and automation of processes within six months, including online portals and electronic certificates equivalent to hard copies.
- Rationalization and elimination of redundant fees and charges.
- Other mechanisms consistent with RA 10635, RA 11032 (Ease of Doing Business Act), and Anti-Red Tape Authority policies.
- MARINA to use IMO Instruments Implementation Code for compliance verification and conduct periodic IMO audits.
- MARINA responsible for facilitating audits and acting on findings.
Violations and Penalties
- MARINA empowered to issue rules prescribing fines and penalties for violations related to RA 10635 and its IRR.
- Enforcement by MARINA and concerned government agencies.
- MARINA exercises exclusive jurisdiction over violations involving Filipino seafarers, instructors, training institutions, assessors, and related entities.
- Jurisdiction over MHEIs lies with MARINA and CHED; Senior High Schools and MFOWS under DepEd and DOH respectively.
Miscellaneous Provisions
- Separability clause ensuring invalid provisions do not affect others.
- Repeal of 2021 IRR of RA 10635 and other inconsistent rules.
- Immediate effectivity upon publication in official outlets and filing with the Law Center, University of the Philippines.
This comprehensive regulatory framework enables effective governance, quality assurance, certification consistency, and compliance enforcement under Philippine maritime administration aligning with international maritime standards.