Title
2015 MARINA Rules on Seafarer Admin Cases
Law
Mia Stcw Circular No. 2015-11
Decision Date
Jul 22, 2015
The 2015 MARINA Rules of Procedure in Administrative Investigation provides guidelines for the investigation of seafarers in the Philippines, aiming for a just and speedy determination of cause/s of action, with specific procedures for filing complaints, conducting mediation conferences, and rendering decisions.
marina rules
administrative investigation
seafarers

Legal Basis and STCW Administration

  • Republic Act No. 10635 designates the Maritime Industry Authority (MARINA) as the single maritime administration responsible for implementing the 1978 STCW Convention, as amended.
  • RA 10635 designates MARINA to implement the STCW Convention for seafarer standards on training, certification, and watchkeeping.
  • The circular is adopted to provide Rules of Procedure for administrative investigation of violations committed by Filipino seafarers performing management and operational level related functions.

Policy on Liberal Construction

  • The circular requires liberal construction to obtain a just and speedy determination of the causes of action under these rules.
  • Proceedings are treated as procedural mechanisms to resolve administrative cases efficiently through MARINA’s STCWO framework.

Key Definitions Established

  • “Administration” refers to MARINA as the Single Maritime Administration in the Philippines responsible for implementation of the 1978 STCW Convention, as amended.
  • “STCW Office (STCWO)” refers to the MARINA office tasked to give full and complete effect to STCW requirements.
  • “Complaint” refers to a sworn written statement containing concise and ultimate facts constituting the violation(s) of seafarer/s for causes of action under the circular.
  • “Board” refers to the Board of Marine Deck or Marine Engine Officers, as applicable.

Jurisdiction, Venue, Coverage Limits

  • The STCWO exercises original and exclusive jurisdiction to hear and decide all cases involving seafarers holding Management or Operational Level related functions.
  • Cases under the circular must be filed at the STCWO.
  • The circular applies to Marine officers for acts or omissions, including but not limited to:
    • Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude.
    • Immoral or dishonorable conduct.
    • Gross negligence in the performance of official duties.
    • Violation of the Code of Ethics for Marine Deck/Engineer Officers.
    • Violation of pertinent rules and/or regulations issued by MARINA.
  • The circular applies only to Filipino seafarers holding Management and Operational level related functions.

Filing, Service, and Docketing

  • All pleadings related to the case must be filed with the STCWO.
  • Pleadings, motions, notices, and other papers must be filed by:
    • personally presenting the original copy to the STCWO, or
    • sending the original by registered mail to the STCWO.
  • For personal filing, the STCWO endorses the pleading with the date and hour of filing.
  • For mail filing, the date shown by the post office stamp on the envelope or the registry receipt is the filing/payment/deposit date; the envelope is attached to the case record.
  • Notices and copies of resolutions or orders must be served through registered mail or private courier.
  • For appeal purposes, the period is counted from the receipt by the parties of the decisions/resolutions/orders.
  • Proof of service is governed as follows:
    • the return is prima facie proof of the indicated facts;
    • service by registered mail or courier is complete upon receipt by the addressee or the addressee’s agent; and
    • if the addressee fails to claim the mail within five (5) days from the date of the first notice by the postmaster, service takes effect after such time—except when the officer is on board vessel.
  • The filing of prohibited pleadings or motions is barred and includes:
    • a motion to dismiss the complaint, except on the ground of lack of jurisdiction over the subject matter or the person of the respondent;
    • a motion for a bill of particulars;
    • a petition for relief from judgment;
    • a motion for a new trial or reopening of new trial;
    • a motion for extension of time to file pleadings/affidavits/other papers, except when the officer is on board vessel;
    • a demurrer to evidence; and
    • other similar pleadings/motions intended to delay.
  • Prohibited pleadings or motions do not interrupt the running of the prescriptive period and do not bar adjudication.

Complaint Requirements and Forum Shopping

  • Any person or entity with personal knowledge of a violation may file a written, sworn complaint against the concerned seafarer/s.
  • The STCWO may initiate a complaint motu propio against a seafarer/holding management and operational level related functions for causes of action under these rules.
  • The complaint caption must be structured as follows:
    • Maritime Industry Authority
    • STCW OFFICE – Manila
    • Complainant versus MARINA- STCW OFFICE Case No.
    • For violation of: ________
    • Name of the Seafarer
    • and Respondent.
  • The complainant must certify under oath in the complaint that:
    • no prior action or claim involving the same issues has been commenced or filed in any court/tribunal/quasi-judicial agency, and none is pending to the complainant’s best knowledge;
    • if another action/claim is pending, its status is stated; and
    • if the complainant later learns a similar action/claim was filed or is pending, that fact is reported to the Board within five (5) days.

Show Cause Order, Answer, and Mediation

  • A case is deemed filed and docketed upon receipt of the complaint and proof of payment of docket fees.
  • Payment of docket fees is jurisdictional, except in cases filed motu proprio by STCWO.
  • Non-payment of docket fees causes dismissal of the case.
  • The complainant must submit three (3) copies of the complaint before the STCWO.
  • After receipt of the complaint, the STCWO Board—through the Legal Division and the Executive Director of STCWO—issues a Show Cause Order (SCO) directing respondents to file a Verified Answer in three (3) legible copies within ten (10) calendar days.
  • The Verified Answer period starts from receipt of the SCO, and the respondent must not file a motion to dismiss in lieu of the answer.
  • The Verified Answer must incorporate all relevant defenses and attach proof of service to the complainant/s.
  • The Board may dismiss the case motu proprio if it is apparent from the complaint that:
    • the acts complained of and/or reliefs prayed for do not fall within STCWO jurisdiction.
  • The Verified Answer must be filed within a non-extendible period of fifteen (15) days from receipt of the SCO.
  • The answer is deemed filed on the:
    • date receipt stamped by STCWO if filed personally, or
    • date stamped on the envelope if filed by mail.
  • After receipt of the answer, the Board—through the Legal Division and Executive Director—issues an order setting a mandatory mediation date.
  • The Legal Division assigns a lawyer to conduct mediation.
  • If the respondent fails to file an answer within fifteen (15) days from service of the SCO:
    • the Board directs the complainant/s to file within thirty (30) days a position paper and draft decision with supporting documents, and
    • the case is deemed submitted for resolution upon lapse.
  • Failure of the complainant/s to submit the verified Position Paper and draft decision causes dismissal.
  • In cases initiated motu proprio, after filing of the answer or the lapse of the period to file it, the case is deemed submitted for decision.

Mandatory Mediation Rules and Effects

  • Proceedings are subject to mandatory mediation for cases not initiated motu proprio by STCWO.
  • The Board may dismiss the case motu proprio, or upon motion, for non-appearance of the complainant during two (2) settings for mediation conference scheduled in the Notice of Mediation despite due notice.
  • If the respondent fails to appear during the first mediation conference, a second conference is scheduled.
  • If the respondent still fails to appear at the second conference despite notice:
    • the respondent is considered to have waived the right to file position paper;
    • the Legal Officer terminates mediation; and
    • the case is referred to the concerned Board.
  • Any compromise agreement must be:
    • reduced into writing,
    • signed by the parties or authorized representatives, and
    • approved by the Board.
  • A compromise agreement approved under these rules has the force and effect of a judgment and is final and immediately executory.
  • Cases initiated motu proprio by STCWO are not subject to mediation and not subject to compromise agreement.
  • If mediation fails, the Legal Officer terminates mediation and immediately forwards the case to the Board, which requires submission of position papers.
  • The mediation conference must be terminated, except for justifiable grounds, within thirty (30) calendar days from the date of the first conference, and is then forwarded to the Board.

Position Papers, Clarificatory Hearing, Quorum

  • After mandatory mediation terminates, the Board through the Legal Division directs both parties to submit simultaneously:
    • verified position papers,
    • supporting documents,
    • affidavits if any, and
    • draft decision,
      within thirty (30) calendar days.
  • If none or only one party submits a position paper within the period, the case is deemed submitted for resolution.
  • The Board renders its decision based on existing documents within thirty (30) calendar days.
  • Before submission for resolution, the Board may order a clarificatory hearing upon written recommendation of the Legal Division to:
    • examine documents or
    • require submission of additional evidence to clarify factual issues.
  • The lawyer presides the clarificatory hearing, and the hearing does not observe the technicalities required in regular courts.
  • During the hearing, the lawyer or any Board member may expel anyone who disrupts proceedings or behaves in a disorderly manner.
  • Quorum is satisfied by a majority of Board members present.
  • A decision requires concurrence of at least a majority of the Board.

Board Decision, Finality, Certificate

  • A case is deemed submitted for decision upon:
    • submission by the parties of position papers and a copy of the draft decision, or
    • lapse of the time to submit them.
  • The Board may adopt any part of the draft decision, disregard draft decisions entirely, and prepare its own decision through the Legal Division.
  • The Board must render its decision within thirty (30) calendar days after submission for decision.
  • The Legal Division must always be consulted, and such consultation must be certified in the decision.
  • If any Board member recuses/inhibits, the Executive Director designates a replacement from existing Board members.
  • Decisions and orders must include a brief statement of:
    • facts of the case,
    • issues involved,
    • applicable laws or rules,
    • conclusions.
  • Board decisions/resolutions/orders become final and executory after fifteen (15) days from receipt by the parties unless, within the reglementary period, a Motion for Reconsideration or an appeal is filed before the Board or the Office of the Administrator, as applicable.

Appeals to the Office of the Administrator

  • Decisions/awards/orders of the Board become final and executory unless appealed to the Office of the Administrator within fifteen (15) calendar days from receipt.
  • If the 15th day falls on a Saturday, Sunday, or holiday, the last day to perfect the appeal is the first working day after the weekend/holiday.
  • Appeals are entertained only on specific grounds:
    • prima facie evidence of abuse of discretion,
    • fraud or coercion in securing the decision/award/order, or
    • serious errors in findings of fact that would cause grave or irreparable damage or injury to the appellant.
  • To perfect an appeal to the Office of the Administrator, the appeal must:
    • be filed within the reglementary period under the appeal period rule,
    • be verified by the appellant in accordance with Section 4, Rule 7 of the Rules of Court, as amended, and
    • take the form of a memorandum of appeal stating the grounds, arguments, relief prayed for, and the date of receipt of the appealed decision/order served to the appellee.
  • A mere notice of appeal without complying with other perfection requisites does not stop the running of the period for perfecting an appeal.
  • The appellee must file a counter memorandum with the Office of the Administrator within fifteen (15) calendar days from receipt of the memorandum of appeal.
  • Failure by the appellee to file a counter memorandum within the period may be construed as waiver.
  • The appellant must pay the corresponding appeal fee, and the official receipt becomes part of the records.
  • Once an appeal is filed, the Board loses jurisdiction over the case.
  • Decisions/resolutions/orders of the Office of the Administrator become final and executory after fifteen (15) calendar days from receipt by the parties or their authorized representative.
  • After expiration of the fifteen (15) calendar day period, the decision/resolution/order is entered in a book of entries of judgment.
  • Without return cards/certifications/proofs of service, the decision/resolution/order is considered final and executory after sixty (60) calendar days from the date of mailing.
  • On appeal, the only allowed pleadings are the Appeal Memorandum and Counter-Memorandum; filing other pleadings does not toll the period for resolution of the appeal unless directed by the Office of the Administrator.
  • The Appeal Memorandum must include:
    • a title/caption indicating MARINA jurisdiction, matching the original caption, with the appellant designated as “Appellant” and the opposing party designated as “Appellee”,
    • statement of the date of receipt of the appealed decision,
    • statement of facts and incidents, including material dates and proceedings conducted,
    • statement of the issues,
    • statement of grounds for the appeal,
    • the reliefs, and
    • verification in accordance with the Rules of Court.
  • The counter memorandum must be filed within the fifteen (15) calendar days period stated above.

Penalties for Guilty Findings

  • The circular adopts penalties in addition to existing MARINA/STCWO penalties by incorporating penalties from PRC Resolution 2013-’775.
  • If found guilty, the respondent professional person is subject to one of the following penalties:
    • revocation or suspension of the Certificate/s of Registration or reprimand.
  • The revocation or suspension of Certificate/s of Registration and/or the Professional Identification Card, and for marine officers, revocation/suspension of STCW Certificates if applicable, requires surrender to the Board within 10 days from the finality of the decision.
  • For an examinee, the penalties are:
    • cancellation of examination papers,
    • withholding results of licensure examination and/or deferment of registration, or
    • debarment from taking a licensure examination within a specified period or any future licensure examination.
  • For an applicant, penalties are:
    • denial or cancellation of application, or
    • deferment of registration, as applicable.

Motion for Reconsideration Remedy

  • A party adversely affected by a Board or Office of the Administrator decision may file a Motion for Reconsideration within a non-extendible period of fifteen (15) days from receipt.
  • Only one Motion for Reconsideration is entertained.
  • The Motion for Reconsideration must be based on one or more of the following grounds:
    • discovery of new evidence that materially affects the decision,
    • the decision is not supported by evidence on record, or
    • errors of law or irregularities committed prejudicial to the claimant’s interest.

Amendment, Separability, and Inconsistency

  • Inconsistent provisions in other MARINA/STCW circulars, including PRC Resolution No. 2013-775 series of 2013, are amended.
  • If any section or provision of the circular is declared unconstitutional or invalid, the remaining sections or provisions remain in force and effect.

Effectivity

  • The circular takes effect immediately on the day of its publication.
  • The circular is issued in Manila, Philippines dated 22 July 2015.

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