2015 MARINA Rules on Seafarer Admin Cases

Proceedings are summary with Rules of Court applied only suppletorily.
STCWO has original and exclusive jurisdiction over violations by seafarers in Management and Operational Level functions.
Cases are filed exclusively at STCWO.

Acts or omissions by Marine officers such as criminal conviction involving moral turpitude, immoral conduct, gross negligence, ethics violations, and MARINA rule violations.
Applicability is limited to Filipino seafarers holding Management and Operational level functions.
Does not apply to primarily civil or criminal cases.

All pleadings are filed with STCWO.
Filing may be personal or by registered mail; dates of filing are endorsed or based on postage.
Notices, resolutions, and orders served by registered mail or courier.
Service considered complete upon actual receipt or after five days if unclaimed, except if seafarer on board.
Prohibited pleadings include motions to dismiss (except jurisdictional), motions for extension (except if on board), demurrers, and others that delay proceedings.

Any person or entity with knowledge may file a sworn complaint.
STCWO may file complaints motu proprio.
Complaints must include a certificate against forum shopping confirming no duplicative suits.

Complaint deemed filed upon payment of docket fees and submission of three copies.
STCWO issues Show Cause Order for respondent to file a verified answer within ten days, with supporting documents.
Case may be dismissed motu proprio if jurisdiction is absent.

Respondents file a verified answer within 15 days, furnishing copies to complainant.
Failure to answer leads to complainant filing position paper and draft decision within 30 days.
After answer or lapse, case is submitted for resolution.

Mediation conference is conducted by a Legal Division lawyer.
Nonappearance by complainant for two mediator settings may result in dismissal.
Nonappearance by respondent after second setting leads to waiver of position paper.
Compromise agreements must be in writing, signed, and approved by the Board and are final and binding.
Cases filed motu proprio are exempt from mediation and compromise.
If no settlement, case proceeds to submission requiring position papers.

Parties submit simultaneous verified position papers, supporting documents, affidavits, and draft decision within 30 days after mediation ends.
If one or both parties fail, case is submitted based on existing records.
Board may hold clarificatory hearings without strict court procedures.
Majority of Board members constitute quorum; majority vote required for decisions.

After submission of position papers or lapse of time, case is submitted and Board can adopt or write its own decision.
Decision must contain facts, issues, laws, and conclusions.
Decision becomes final and executory after 15 days from receipt unless motion for reconsideration or appeal is filed.
Board members may be replaced if they recuse.

Appeals to Office of the Administrator must be filed within 15 calendar days.
Grounds: abuse of discretion, fraud/coercion, or serious errors affecting decision.
Appeal requirements include timely filing, verification, memorandum of appeal stating grounds, relief, and date received of decision.
Appellee files counter memorandum within 15 days.
Appeal fee required; filing appeal divests Board jurisdiction.
Decision by Office of Administrator final after 15 days from receipt or 60 days after mailing if service proof unavailable.
Only appeal memorandum and counter memorandum allowed; no other pleadings.

Penalties include revocation, suspension, reprimand of Certificate of Registration and Professional ID Card, and surrender of STCW certificates within 10 days of final decision.
Examinees may face cancellation of exam papers, withholding of results, debarment.
Applicants may be denied or have registration deferred or canceled.

Motion for reconsideration may be filed within 15 days on grounds of new material evidence, lack of support by evidence, or prejudicial errors.
Only one motion for reconsideration allowed.