AN ACT TO AMEND ACT NUMBERED TWENTY-FIVE HUNDRED AND SEVENM ENTITLED "AN ACT PROVIDING FOR A BOARD OF MARINE EXAMINERS, FOR THE EXAMINATION AND LICENSING OF WATCH OFFICERS AND ENGINEERS ON PHILIPPINE VESSELS IN THE COASTWISE TRADE FOR AND FOR THE HIGH SEAS LICENSE FEES, COMPENSATION, AND PENALTIES, IN CERTAIN CASES, REPEALING CERTAIN ACTS RELATING THERETO."

• Number: Act No. 2614
• Sections: 11

Section 1

SECTION 1. Section one of Act Numbered Twenty-five hundred and seven is hereby amended to read as follows:

"SECTION 1. Board of marine examiners.-There shall be maintained in the Bureau of Customs a Board of Marine Examiners to consist of five members, to wit: The Insular Collector of Customs, as president; the supervising inspector of hulls and boilers; an assistan inspector of hulls, and a master and a chief engineer in the Philippine merchant marine, not employees of the Government of the Philippine Islands, as members. The three latter members shall be designated by the Secretary of Finance and Justice, and the Insular Collector of Customs a competent person to serve as secretary.

"Any three members of the board, shall constitute a quorum for the transaction of business."

Section 2

SEC. 2. Section six of the Act mentioned is hereby amended to read as follows:

"SEC. 6. Examination into moral and technical qualifications of applicants.-Except as otherwise specially provided, an applicant for certificate shall be required to undergo a technical examination on the subjects hereinafter stated. To obtain a certificate, he must show a proficiency in the subjects upon which he is examined and shall answer correctly at least seventy per cent of the questions propounded to him. It shall be the duty of the Board of Marine Examiners to make through inquiry into the character of the applicant and to consider the evidence her presents in support of his application and such other relevant evidence as the board shall deem proper. In thhis connection the board may consider the statement, written or oral, of any person cognizant of the qualifications of the applicant and may, in its discretion, require the production of ships' journals and log books for inspection.

"Any candidate suspended in an examination shall not be reexamined until after six months.

"The board in examining an applicant for a certificate as mate or master shall inquire into his knowledge of seamanship and navigation in its various branches, his capacity and skill in lading and unlading the ship, and in handling and storing freight and all other knowledge which the board believes he should possess in order to properly perform his duties as mate or master.

"The board in examining an applicant for a certificate as engineer shall inquire into his knowledge of the operation of steam and internal combustion machinery of all classes, also as to his practical experience, character and habits, and the board may, in its discretion, make such practical tests and examinations of the applicant as it may deem necessary to demonstrate his fitness for the position for which he seeks a certificate.

"The holder of a license as master, mate, or engineer under the laws of the United States shall be entitled to obtain a license of the same grade in the Philippine coastwise service without being subject to these requirements other than the physical examination and the payment of the fees hereinafter specified; but if he desires to secure the certificate mentioned in section twelve of this Act, he shall be required to take the necessary examination."

Section 3

SEC. 3. Section seven of said Act is hereby amended to read as follows:

"SEC. 7. Qualifications required of candidates for master, mate, and patron.- (a) Master: An applicant for certificate as master shall be not less than twenty-five years of age at the time of filing the application, and shall produce to the board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of first mate, with a certificate as such, for at least one year.

"(b) First mate: An applicant for certificate as first mate shall produce to the board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of second mate, with a certificate as such, for at least one year.

"(c) Second mate: An applicant for certificate as second mate shall produce to the board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of third mate, with a certificate as such, for at least one year. Service as patron on vessels of two hundred tons shall be deemed the equivalent of service as third mate upon application for examination for a second mate's certificate.

"(d) Third mate: An applicant for a certificate as third mate shall be not less than nineteen years of age, and shall be required to present to the board evidence, satisfactory to it, showing that he has successfully passed the second year of high school, or its equivalent, in an officially recognized school, which shall be proved by the exhibition of his certificates of study, and that he has shipped or acted as agregado a piloto for at least two years in a seagoing sailing vessel or steamer: Provided, however, That agregados serving as such on sailing vessels or steamships upon the passage of this Act shall be entitled to examination after eighteen months of navigation: And provided further, That an applicant producing a certificate of graduation from the Philippine Nautical School who has served as agregado a piloto for at least twelve months in a seagoing sailing vessel or at least eighteen months in a seagoing steamer, shall, in order to obtain a certificate as third mate, not be required to take a technical examination, but shall be required to undergo a physical examination and produce all other evidence relative to his habits and character.

"(e) Patron: In order to be admitted to examination for patron in the major coastwise trade, the applicant shall be at least twenty-five years of age and shall produce to the board a certificate, satisfactory to it, showing that he has navigated in the major coastwise trade as boatswain, quartermaster, or agregado on a steamship or suiling vessel of not less than two hundred and fifty tons for a period of at least five years: Provided, however, That in case the applicant is patron in the minor coastwise trade, only two years of navigation in such vessels shall be required of him.

"An applicant for admission to the examination for patron in the minor coastwise trade shall be at least twenty-three years of age and shall produce to the board evidence, satisfactory to it, showing that he has navigated on a sailing vessel or steamship of thirty gross tons or over for a period of not less than three years as boatswain, quartermaster, or sailor.

"An applicant for the certificate as patron in the major coastwise trade shall prove to the satisfaction of the Board of Examiners that he possesses the knowledge necessary for navigating in all the seas bathing the Philippine Archipelago.

"An applicant for the certificate as patron in the minor coastwise trade shall be required to show to said board that he possesses practical knowledge for navigating the seas, rivers, or lakes of the Philippine Archipelago for which he requests a certificate. Certificates for the minor coastwise trade shall be limited to the seas, bays, rivers, and lakes in " which the applicant has shown to have the knowledge above mentioned."

Section 4

SEC. 4. Section eight of said Act is hereby amended to read as follows:

"SEC. 8. Qualifications required of candidates for the certificate as engineer.- (a) Chief engineer: An applicant -for certificate as chief engineer shall be not less than twenty-five years of age at the time of filing his application and shall be required to produce to the board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of second engineer, with certificate as such, for at least two years.

"(b) Second engineer: An applicant for certificate as second engineer shall be required to produce to the board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of third engineer, with a certificate as such for at least one year.

"(c) Third engineer: An applicant for certificate as third engineer shall be required to produce to the board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of fourth engineer, with certificate as such, for at least one year.

"(d) Fourth engineer: An applicant for certificate as fourth engineer shall produce to the board evidence, satisfactory to it, showing that he has passed through the primary or intermediate schools, or their equivalents in officially recognized schools, and that he has served on steam launches or vessels as agregado, oiler, or fireman for at least two years and has been working two years in a machine shop as operative, and he must be at least nineteen years of age: Provided, That aspirants to engineer who, at the date of the passage of this Act, are serving as such aspirant on steam vessels shall be entitled to take the examination after complying with the requirements imposed by the laws in force before the present Act took effect."

Section 5

SEC. 5. Section ten of said Act is hereby amended to read as follows:

"SEC. 10. Issuance of certificate; classes of same.-Candidates for mate and master having passed the examination shall be entitled to have the proper certificate issued to them which will entitle them to navigate on all seas if they have shown in said examination, to the satisfaction of the board, that they possess the knowledge necessary for navigating on all seas, and have, besides, navigated on the certificate immediately inferior on vessels of six hundred gross tons or over for at least one year: Provided, however, That those who have so navigated and taken the examination during the year nineteen hundred and fifteen may also obtain a certificate for all seas, notwithstanding their having navigated only on a coastwise certificate, but immediately inferior. And if they should already have had a coastwise certificate issued to them, they may exchange the same for another of the same category for all seas, without any further requisite than the payment of the difference in the fees prescribed for the two certificates. In any other case, the candidates may only obtain the corresponding coastwise certificate."

Section 6

SEC. 6. Section eleven of said Act is hereby amended to read as follows:

"SEC. 11. Recognition of old licenses and certificates.-All licenses as master, mate, or engineer in the coastwise trade existing before this Act became effective, issued by the Insular Collector of Customs, and all certificates as master, mate, or engineer of any kind issued by the Spanish government to a native of these Islands shall entitle the holder to have such licenses or certificates exchanged for a certificate of the same category to navigate on all seas, without necessity of further requirements, except the payment of fees as established in section sixteen of this Act for holders of licenses, and said fees, physical examination, and evidence as to character for those who" only have Spanish goverriment certificates.

"The present holders of licenses as patrons on seas, bays, rivers, or lakes, with the right to command vessels of less than one hundred tons, shall be entitled to have said licenses exchanged for certificates as patron in the minor coastwise trade, which shall capacitate them for commanding steamships or sailing vessels of less than one hundred gross tons on the seas, rivers, and lakes where they have acquired their experience; and the present holders of licenses as patron on vessels of from one hundred to one hundred and ninety-nine gross tons and from two hundred to two hundred and fifty-gross tons shall be entitled to have said licenses exchanged for certificates, the former as patron in the minor coastwise trade and the latter as patron in the major coastwise trade, which certificates shall capacitate them for commanding sailing vessels or steamships of the same tonnage on which they are now entitled to navigate, on the same seas or parts of the sea on which they are now authorized to do so.

"Any person holding a license as river and harbor engineer shall be entitled to have said license exchanged for a certificate as fourth engineer, which will entitle him to promotion upon examination, as provided by this Act, if he is duly qualified.

"Persons holding licenses as chief engineer on vessels of two hundred tons (chief of two hundred tons) shall be entitled to have said licenses exchanged for certificates as third engineer. Persons holding licenses as chief engineer for vessels of more than two hundred tons and up to four hundred and fifty tons, inclusive, shall have said licenses exchanged for certificates as second engineer. Holders of licenses as first engineer on vessels of over four hundred and fifty tons shall be entitled to have said licenses exchanged for certificates as chief engineer. The former two shall be entitled to promotion upon examination in the manner provided in this Act, if they are duly qualified.

"Certificates obtained by virtue of this section shall also entitle their holders to promotion upon the examination prescribed in this Act.

"Certificates as master and mate on all seas shall authorize the holder to navigate in the coastwise trade.

"Certificates as engineer shall authorize the holder thereof to navigate on any vessel, irrespective of its motive power and the voyage made by it."

Section 7

SEC. 7. Section twelve of said Act is hereby amended to read as follows:

"SEC. 12. Form of certificates; rights inherent in them.- The several certificates provided for in this Act shall be issued in the form of diplomas by the Insular Collector of Customs and shall be signed by him and countersigned by the Department Secretary and shall entitle the holders thereof to navigate in accordance with the authorization contained in them; and shall not be suspended or revoked except upon the filing of charges and proceedings as provided in section fourteen hereof but none of the provisions of this section shall be construed as eliminating the physical examination, once every two years, of the holders of said certificates, and any person whom such examination shows to be unfit to continue navigating, shall be disqualified from doing so. Any person so disqualified may, within fifteen days after receipt of the notification thereof, appeal to the Secretary of Finance of Justice, subject to the provisions of section five hereof."

Section 8

SEC. 8. Section fifteen of said Act is hereby amended to read as follows:

"SEC. 15. Licenses to foreigners; their duration.-All ( licenses issued to foreigners under section seven of Act Numbered Seven hundred and eighty, or awarded to them upon examination by the Board of Examiners of the Bureau of Customs of these Islands prior to the passage of this Act are hereby confirmed and ratified: Provided, however, That said licenses shall be valid only until six months from and after the enactment of a Philippine citizenship law, unless during said six months their holders have applied for Philippine citizenship in due form."

Section 9

SEC. 9. Section sixteen of said Act is hereby amended to read as follows:

"SEC. 16. Fees for issuance of certificates.-Any person to whom any certificate or license as master, mate, patron, or engineer is issued, upon examination or by way of exchange, shall pay:

"For a certificate as-

"Master on seagoing vessels,, fifty pesos.

"Master in the coastwise trade, thirty pesos.

"First, second, and third mates, on seagoing vessels, thirty pesos.

"First, second, and third mates, in the coastwise trade, twenty pesos.

"Patron in the major coastwise trade, thirty pesos.

"Patron in the minor coastwise trade, twenty pesos.

"Chief engineer, fifty pesos.

"Second, third, and fourth engineers, thirty pesos."

Section 10

SEC. 10. Section nineteen of said Act is hereby amended to read as follows:

"SEC. 19. Complement of watch and engine-room officers on Philippine vessels; penalties.-Every vessel registered in the Philippine Islands shall have the following officers:

"(a) Every steam vessel of fifteen hundred gross tons or over shall have the following watch officers: One master, one first mate, one second mate, and one third mate.

"(b) Every steam vessel of five hundred gross tons, but less than fifteen hundred, shall have the following officers: One master, one first mate, and one second mate.

"(c) Every steam vessel of two hundred and fifty gross tons, but less than five hundred, .shall have the following officers: One master, one first or second mate, and one third mate.

"(d) Every vessel of one hundred gross tons, but less than two hundred and fifty, shall have the following officers: One first mate or one patron in the major coastwise trade, who shall have charge of the vessel as master, and one second or third mate or one patron in the minor coastwise trade, as mate: Provided, That when such vessels make runs of more than two hundred miles measured from the point of departure to the last point of call, they shall carry two mates, who may be of the class of third mate or patron in the minor coastwise trade.

"(e) Every steam vessel of less than one hundred gross tons shall have the following officers: One patron in the minor coastwise trade, who shall have charge of the vessel as master: Provided. That when such vessel navigates for more than twenty-four hours from the point of departure until its return thereto, it shall carry a mate who shall be at least a patron in the minor coastwise trade.

"(f) Every steamship of five hundred gross tons or over shall carry, in addition to her complement of watch and engine-room officers established by this Act, at least one supercargo or purser whose duty it shall be, under the orders of the master, to receive and deliver the cargo and be responsible therefor, and to perform such other duties as do not require technical nautical knowledge: Provided, That on steamships required by this Act to carry a supercargo, the watch officers shall not be required to render services other than those appertaining to their respective technical branches: And provided also, That nothing contained in this section shall be construed as preventing mariners from taking an additional mate in lieu of the supercargo above mentioned.

"(g) Every sailing vessel or sailing vessel with auxiliary engine of one hundred and fifty gross tons or over, shall carry as officers one patron in the major coastwise trade, or one first mate, as master.

"(h) Every vessel or steamship engaged in the towing of logs, lumber, bamboo, or of lorchas, lighters, or others, on voyages of more than twelve hours' duration, shall carry, in addition to the master, a mate, who may be a patron in the minor coastwise trade.

"(i) Every steamer making round trips in not more than forty-eight hours, staying all night in port, shall have the following complement of engineers: "Up to seventy-five horsepower, one fourth engineer.

"From seventy-six horsepower to one hundred, one third engineer.

"From one hundred and one horsepower upward, one third and one fourth engineer.

"(j) Every steamer making round trips of more than forty-eight hours, or less, but travelling at night, shall carry, the following complement of engineers:

"Up to fifty horsepower, three fourth engineers.

"From fifty-one horsepower to one hundred and fifty, one third and two fourth engineers.

"From one hundred and fifty-one horsepower to two hundred and fifty, one second and two fourth engineers.

"From two hundred and fifty-one horsepower to three hundred and fifty, one second, one third, and one fourth engineers.

"From three hundred and fifty-one horsepower to one thousand, one chief, one second, and one third engineers.

"Every steamer having two or more engines of a combined horsepower of over three hundred and fifty horsepower shall carry, in addition, a fourth engineer: Provided, That it shall be the duty of the engineers included under subsection (i) to attend to the ship's engines and all its accessories, as well as to the capstan, cargo winches, and fire engines. Every vessel carrying machinery other than that cited shall have one or more additional engineers, in the discretion of the Collector of Customs of the Philippine Islands: Provided, further, That it shall be the duty of the engineers included under subsection (j) to attend to the ship's engines with all their accessories, as well as to the capstan, cargo winches, servo-motor, electric-light dynamo, and fire engines. Every vessel equipped with other machinery, such as an ice machine, cold storage plant, distilling apparatus for water, and so forth, shall have one or two additional engineers, in the discretion of the Collector of Customs of the Philippine Islands: And provided, finally, That ships the engines whereof shall be of over one thousand horsepower shall, in addition to the engineers required for one thousand horsepower, have such subordinate engine-room personnel, of a rank inferior to that of second engineer, as may, in the discretion of the Collector of Customs of the Philippine Islands, be

necessary.

"Any Philippine vessel which shall navigate without its full complement of duly licensed or certificated officers, the. same not being due to a cause beyond the control of the master, agents, or owners, shall be fined not more than one hundred pesos, for each offense, but shall not be so fined for such offense oftener than once in thirty days."

Section 11

Sec. 11. This Act shall take effect on its passage.

Enacted, February 4, 1916.