Title
Regulation of Marine Profession in PH
Law
Presidential Decree No. 97
Decision Date
Jan 13, 1973
Presidential Decree No. 97, the Philippine Merchant Marine Officers Law, regulates the practice of the marine profession in the Philippines, establishing boards for examinations and disciplinary actions, setting qualifications and requirements for marine officers, and providing for appeals and reinstatement.
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Definitions

  • Merchant Marine Vessel: commercial ships engaged in maritime commerce, training vessels, or similar non-combatant naval vessels.
  • Marine Officer: includes both Deck Officers and Engine Officers.
  • Deck Officers: licensed 1st, 2nd, and 3rd Mates, including Patrons for different waters.
  • Engine Officers: licensed 1st to 4th Marine Engineers and Motor Engineers.
  • Examiner: member of the respective Boards of Examiners for Deck or Engine Officers.

Creation and Composition of Boards

  • Two Boards established: Board of Examiners for Deck Officers and for Engine Officers.
  • Each Board composed of three members appointed by the President and confirmed by the Commission on Appointments.
  • Members must meet specific professional qualifications and not have interests in maritime training schools.

Duties of the Boards

  • Conduct character and habit inquiries for licensing applicants.
  • Require and evaluate physical fitness certification.
  • Prepare and administer professional examinations.
  • Execute administrative investigations and enforce ethical standards.

Qualifications and Terms for Board Members

  • Deck Officers: at least 15 years as Marine Officer, 5 years as ship Master, endorsed by marine professional group.
  • Engine Officers: similar requirement with experience as Chief Engineer.
  • Serve 3-year terms, compensated per candidate examined, license issued, and meetings attended.

Examination Procedures

  • Two exams yearly: Manila in January; Cebu or Iloilo alternately in July.
  • Possible location changes with approval.
  • Passing grade: general weighted average of 75%, no score below 60%.
  • Re-examination required if failed.

Registration and Licensing

  • Successful examinees register and pay fee.
  • Licenses denied to persons convicted of crimes involving moral turpitude, immorality, dishonor, or unsound mind.
  • Application and licensing fees specified for different officer categories.

License Classifications

  • Deck Officers: Unlimited, Limited (foreign and coastwise), Restricted (major and bay/lake/river/harbor).
  • Engine Officers: Unlimited and Limited (motor) licenses.

Admission Requirements for Examination

  • Must be male, Filipino citizen, at least 21 years old.
  • Must be mentally sound, physically fit with normal color vision, and of good moral character.

Requirements for Deck Officers

  • Graduated progression from Third Mate to Master Mariner with specified sea service durations and vessel tonnage requirements.
  • Provisions for limited licenses based on service on coastwise or foreign trade vessels.
  • Patrons must meet age, education, and service conditions depending on class (Major, Minor, Bay/Lake/River/Harbor).

Requirements for Engine Officers

  • Progression from Fourth Engineer to Chief Marine Engineer with prescribed service and education.
  • Special requirements for Motor Engineers.
  • Certificates of service authenticated by vessel's Chief Engineer and Master plus shipowner.

Administrative Investigations and Discipline

  • Boards tasked to maintain professional and ethical standards.
  • Can conduct administrative proceedings for violations.
  • Promulgation of rules of conduct and Code of Ethics.

Grounds for Disciplinary Proceedings

  • Conviction involving moral turpitude, immoral or dishonorable conduct, insanity.
  • Fraud in obtaining certificate or license.
  • Gross negligence, incompetence, addiction affecting competency.
  • False advertising and ethical violations per Code of Ethics.

Rights of Respondents in Disciplinary Proceedings

  • Right to counsel.
  • Right to a speedy and public hearing.
  • Right to confront and cross-examine witnesses.

Appeal and Reinstatement

  • Decisions by the Board final after 30 days unless appealed to the President.
  • Reinstatement possible after 5 years if good conduct.

Transitional Provisions and Limitations

  • Existing licenses retain conditions until upgraded.
  • Students already enrolled in curricula can qualify under old standards.
  • After 5 years, stricter requirements for Fourth Engineers are enforced.
  • Prior motor engineer licenses must be registered and renewed as marine engineers.
  • Bay/river/lake/harbor engineer licenses must register and renew as motor engineers.

Repealing Clause and Effectivity

  • All inconsistent laws and regulations are repealed or modified.
  • The Decree takes effect immediately upon promulgation.

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