Law Summary

I. Objective

• Legal Principle: The Circular aims to implement regulations ensuring compliance with the 1978 STCW Convention regarding the deployment of seafarers on Philippine-registered ships.
• Key Definitions:
  • STCW Convention: Refers to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers.
• Important Requirements: All shipping companies must adhere to these guidelines to ensure the competency of seafarers.

II. Coverage

• Legal Principle: The Circular applies universally to all shipping companies operating Philippine-registered ships engaged in international trade.
• Important Requirements:
  • All companies within this scope must comply with the outlined provisions.

III. Definition of Terms

• Key Definitions:
  • Administration: Maritime Industry Authority.
  • Ship: Refers to Philippine-registered seagoing ships in international trade.
  • PMMRR: Philippine Merchant Marine Rules and Regulations.
  • Safe Manning: Minimum crew required for safe operations as per PMMRR.

IV. General Provisions

• Legal Principle: Companies are responsible for deploying competent and certified seafarers.
• Important Requirements:
  • Companies must ensure the master and crew maintain a safe watch.
  • All ships must be manned exclusively by Filipino seafarers unless otherwise approved.

V. Company Responsibilities

A. As to Crew Certification

• Important Requirements:
  • Seafarers must hold appropriate and valid certificates as per the Convention.

B. As to Crew Familiarization

• Important Requirements:
  • New seafarers must be adequately familiarized with ship operations before tasks.
  • Relevant materials must be available in an understandable language.

C. As to Safe Manning

• Important Requirements:
  • Manning levels must meet PMMRR standards and not be reduced without Administration approval.

D. As to Watchkeeping

• Important Requirements:
  • Seafarers must have a minimum of 10 hours of rest within 24 hours, with specific allowances for reductions.
  • Watch schedules must be posted conspicuously.

E. As to Documentation of Seafarers

• Important Requirements:
  • Maintain accessible records on seafarers’ training, medical fitness, and competencies.

VI. Penalty Sanctions

• Consequences for Violations:
  • First Violation: ₱15,000
  • Second Violation: ₱25,000
  • Third Violation: ₱50,000
• Important Note: Higher fines apply if existing rules impose greater penalties.

VII. Repealing Clause

• Legal Principle: Any inconsistent provisions in existing MARINA regulations are repealed or modified.

VIII. Effectivity

• Important Details: The Circular takes effect 15 days post-publication in a newspaper of general circulation.

Key Takeaways

• The Circular establishes comprehensive guidelines for deploying seafarers on Philippine-registered international ships, emphasizing compliance with the STCW Convention.
• Shipping companies bear full responsibility for crew certification, familiarization, safe manning, and watchkeeping.
• Strict penalties are outlined for non-compliance, reinforcing the importance of adherence to these regulations.