Law Summary
Coverage
- Applies to Filipino seafarers aboard Philippine-flagged ships 35 GT and above.
- Covers Filipino seafarers on any foreign-flagged ship.
- Includes students enrolled in seafaring courses requiring a certificate of competency.
- Exemptions: personnel on warships/naval auxiliaries, ships below 35 GT, and government-operated ships not engaged in commercial activity (optional SIRB).
Definitions
- "Administration": Maritime Industry Authority (MARINA).
- "SIRB": official identification and record document issued to Filipino seafarers and cadets.
- "Seafarers": officers, ratings, offshore workers, service providers, fishermen.
- "Ship Officers": duly licensed deck, engine, radio officers.
- "Ratings": non-officer crew members.
- "Offshore Workers": personnel on oil rigs, floating platforms, seismic operations, and similar.
- "Service Providers": onboard personnel not involved in navigation or technical roles.
- "Fishermen": crew on fishing vessels involved in catch processing and gear maintenance.
- "Cadets": students undergoing on-the-job training aboard ships.
General Provisions
- Mandatory SIRB for all covered seafarers.
- Shipping companies must ensure SIRB possession by crew on Philippine-flagged ships.
- Filipino seafarers on foreign ships must have valid SIRB regardless of other identity documents.
- SIRB must be kept with the seafarer at all times.
- Personal application required; exceptions for onboard seafarers using authorized representatives.
- MARINA may deploy mobile teams for on-site processing outside Metro Manila.
Specific Provisions
- SIRB divided into categories: shipboard employment and shipboard training.
- Employment SIRB includes limitations (e.g., fishermen, bay/river, offshore) as needed.
- Training SIRB not valid for employment.
- SIRB validity generally five (5) years, with exceptions: one (1) year for onboard applications; 18 months for apprenticeship/training.
- Qualifications for SIRB include at least high school completion, except certain exceptions (service providers, on-board seafarers pre-regulations, six months sea service).
- Minimum age 18; 16 for cadets applying for training SIRB.
- Basic Safety Course required, except domestic fishermen.
- Documentary requirements for new applications, revalidation, and replacements detailed extensively.
- Foreign nationals completing recognized maritime courses eligible for training SIRB issuance.
- SIRB includes detailed personal and official information.
Responsibilities of Stakeholders
- Shipping companies/manning agencies must ensure valid SIRB possession and document authenticity.
- Engage seafarers only within SIRB-specified limitations.
- Seafarers must secure valid and sufficient SIRB before joining ships.
- Maritime schools must verify authenticity for cadet applications.
Fees and Charges
- Vary according to application type (new/replacement, expedite, revalidation, onboard) and seafarer category (overseas, domestic, fisherman).
- New/replacement fees range from PHP 200 to PHP 550.
- Expedite and revalidation fees higher as specified.
Administrative Sanctions
- Suspension grounds include intemperance, insubordination, contract violations, final conviction for moral turpitude crimes, repeated infractions.
- Revocation grounds include incompetence, assault, destruction of property, misconduct causing injury/death, drug offenses, smuggling, mutiny.
Administrative Fines and Penalties
- Shipping companies/manning agencies face escalating fines from PHP 10,000 to PHP 100,000 for violations such as deploying seafarers without or with invalid SIRB, document tampering.
- Responsible company officials/liaison officers subject to criminal prosecution.
- Seafarers penalized with fines increasing from PHP 1,000 to PHP 14,000 for going onboard without valid SIRB, shorter validity than contract, or false application documents.
Repealing Clause
- Repeals previous MARINA Memorandum Circular No. 97 and inconsistent rules.
Separability Clause
- Invalidity of any part does not affect the rest of the rules.
Effectivity
- The memorandum circular takes effect fifteen (15) days after its publication in a newspaper of general circulation in the Philippines.