REGULATING THE PRACTICE OF THE MARINE PROFESSION IN THE PHILIPPINES.

• Number: Presidential Decree No. 97
• Sections: 26

Preamble

WHEREAS, the regulation of marine profession is still left

to the Revised Administrative Code despite the growth and progress of the

profession;

WHEREAS, there is a need to promulgate a set of updated and

responsive rules to regulate this vital profession; and

WHEREAS, there was passed by the Lower House of Congress

prior to the promulgation of Proclamation No. 1081, dated September 21, 1972, a

bill entitled "An Act Regulating the Practice of the Marine Profession in the

Philippines" and denominated as H.B. No. 919;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to

Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated

September 22, 1972, as amended, do hereby order and decree:

Section 1

SECTION 1. This Decree shall be known as the Philippine

Merchant Marine Officers Law.

Section 2 Terms.

SEC. 2. Terms. — Within the application of this

Act, the following terms shall be used:

Merchant Marine Vessel — shall apply only to commercial ships,

propelled by machinery, public or private, strictly engaged in maritime

commerce, both foreign and local trade, vessels engaged in the training of

cadets for the marine profession, and non-combatant vessels of the Philippine

Navy engaged in operations similar to a commercial ship.

Marine Officer — shall refer to both Deck and Engine Officers.

Deck Officer — shall refer to a duly licensed and registered 1st

(Chief), 2nd or 3rd Mate, including Major, Minor, and Bay, Lake, River, and

Harbor Patrons.

Engine Officer — shall refer to a duly licensed and registered 1st

(Chief), 2nd, 3rd and 4th Marine and Motor Engineers.

Marine Engineers — shall refer to a duly licensed 1st (Chief), 2nd,

3rd and 4th Marine engineers.

Motor Engineers — shall refer to a duly licensed motor engineer,

whose category falls as Bay, River and Harbor Engineers.

Examiner - shall refer to a member of the Board of Examiners for

Deck Officers,

or a member of the Board of Examiners for Engine Officers.

Section 3 Objectives.

SEC. 3. Objectives. — This Act provides for and

shall govern:

The examination, registration and issuance of license of certified marine

officers; and

The supervision, control and regulation of the practice of the marine

profession in the Philippines.

Section 4 Implementation.

SEC. 4. Implementation. — For the purpose of

implementing the provisions of this Act, the following Board shall be

created:

Board of Examiners for Deck Officers;

Board of Examiners for Engine Officers.

Section 5 Composition and Duties.

SEC. 5. Composition and Duties. —

The Board of Examiners for Deck Officers shall be composed of three Master

Mariners, one to act as Chairman and the other two as members, all of whom shall

be appointed by the President of the Republic of the Philippines, and confirmed

by the Commission on Appointments.

The Board of Examiners for Engine Officers shall be composed of three Chief

Marine Engineers, one to act as Chairman and the other two as members, all of

whom shall be appointed by the President of the Republic of the Philippines and

confirmed by the Commission on Appointments.

It shall be the duty of the Board of Examiners for Marine Officers to:

Conduct a thorough inquiry into the character and habits of all applicants

for licensing. The Board shall consider not only the evidence that the candidate

presents in support of his application but also other relevant evidence as it

may deem proper;

Determine the physical fitness of the applicant through a competent

physician elected by the Board; and

Prescribe, prepare and supervise theoretical and practical professional

examinations for Masters, Mates, Patrons, Marine and Motor Engineers.

Section 6 Qualifications for Examiners.

SEC. 6. Qualifications for Examiners. —

(a) Qualifications for membership to the Board of Examiners for Deck Officers

shall be as follows:

Must have at least navigated as Master of a seagoing vessel for five years

and at least an aggregate total of fifteen years of practice as a Marine

Officer;

Must be endorsed by any marine professional organization whose membership is

duly licensed and registered Marine Officers;

Is not connected directly or indirectly with any private school, college or

university engaged in the training of Deck Officers for at least two years prior

to application for membership, nor shall have pecuniary interest in such school,

college or university.

(b) Qualifications for membership to the Board of Examiners for Marine

Engineers shall be as follows:

Must have at least navigated as chief engineer for five years and at least

an aggregate total of fifteen years of practice as a Marine Engineer;

Must be endorsed by any marine professional organization whose membership is

duly licensed and registered marine officers;

Is not connected directly or indirectly with any school, college or

university engaged in the training of marine engineers for at least two years

prior to application for membership, nor shall have pecuniary interest in such

school, college or university.

Section 7 Terms of Office and Compensation.

SEC. 7. Terms of Office and Compensation. — Members

of the Board of Examiners for Marine Officers shall serve their terms of office

for a period of three years from the effectivity of their appointment, such

appointment being subject to existing vacancy in the Board at any time.

The Chairman and Members of the Board shall receive a compensation of fifteen

pesos for each candidate examined.

The Chairman and Members of the Board shall further receive a compensation of

five pesos for each license issued by the Board of Examiners and per diem of ten

pesos for each meeting while conducting administrative investigations.

Section 8 Date of Examination.

SEC. 8. Date of Examination.— The Board of

Examiners for Marine Officers shall conduct two examinations in a year, one in

the City of Manila, on the last week of January, and another in Cebu or Iloilo,

alternately, on the last week of July: Provided, however, That if

conditions warrant, the Board may, upon approval of the Office of the President

consider conducting examination in other places.

Section 9 Examination Rating.

SEC. 9. Examination Rating. — An examinee having

obtained a general weighted average of seventy-five per cent or above with no

rating below 60% in any subject: Provided, however, That any examinee

failing to get the general weighted average of seventy-five per cent shall be

required to take a re-examination in all the subjects prescribed by the

Board.

Section 10 Registration and Issuance.

SEC. 10. Registration and Issuance. — All

successful candidates shall register in the office of the Board of Examiners

after payment of the required and prescribed fees by the Board: Provided,

however, That no certificate and license shall be issued to any candidate

who has been convicted of any criminal offense involving moral turpitude,

immorality and dishonorable conduct and those of unsound mind.

Section 11 Fees.

SEC. 11. Fees. — AH applications for examination

must be filed with the Office of the Board of Examiners at the following

fees:

Master Mariner and Chief Marine Engineer

P100.00

Chief Mate, 2nd Marine Engineer and Major Patron

75.00

2nd Mate and Third Marine Engineer

50.00

3rd Mate and Fourth Marine Engineer

50.00

Minor Patrons and Motor Engineers

50.00

Section 12

SEC. 12. The successful examinee or candidate for the Board

Examination must pay his corresponding fees for licenses at the following

rate:

Master Mariner and Chief Marine Engineer

P50.00

Chief Mate, 2nd Marine Engineer and Major Patron

40.00

2nd Mate and Third Marine Engineer

30.00

3rd Mate and Fourth Marine Engineer

30.00

Minor Patrons and Motor Engineers

30.00

Section 13

SEC. 13. The licenses for Deck Officers shall be classified

as:

Unlimited — competency to command and/or navigate merchant marine

vessels of any gross tons, upon the waters of any sea or ocean.

Limited (foreign) — competency to command and/or navigate merchant

marine vessels of any gross tons, registered for foreign trade only.

Limited (coastwise) — competency to command and/or navigate

merchant marine vessels of any gross tons, registered for the coastwise trade

only.

Restricted (Major) — competency to command and/or navigate merchant

marine vessels of not more than two hundred fifty gross tons in a particular

water of the Philippines.

Restricted (bay, lake, river or harbor) — competency to command

and/or navigate

vessels of not more than twenty gross tons in a particular

bay, lake, river or harbor in the Philippines.

Section 14

SEC. 14. The licenses for Deck Officers shall be classified

as:

Unlimited — Competency as Marine Engineer on vessels of any tonnage

propelled

by any machinery, upon waters of any sea or ocean.

Limited (motor) — competency as Motor Engineer on vessels of small

tonnage

propelled by motor engine of not more than two hundred fifty

B.H.P.

Section 15 Admission Requirements for Examination.

SEC. 15. Admission Requirements for Examination. —

No person shall be qualified for examination us a marine officer unless he

is:

Male;

Citizen of the Philippines;

At least twenty-one years of age;

Mentally sound and physically fit with normal color vision perception, as

certified by a competent government physician; and

Of good moral character.

Section 16 Requirements for Deck Officers.

SEC. 16. Requirements for Deck Officers. —

Master Mariner. — Applicant must be a holder of a Chief Mate

license who has served on merchant marine vessels of not less than two hundred

fifty gross tons as Chief Mate for a period of two years, six months of which

must be on merchant marine vessels registered for the foreign trade and at least

six months on merchant marine vessels registered for the coastwise trade:

Provided, however, That if he has registered for the coastwise trade

only, he can still qualify for a Master Marine license but limited to merchant

marine vessels on coastwise trade, until such time when he will have served the

required six months as Chief Mate on merchant marine vessels registered for the

foreign trade, then his Master Mariner license (limited) shall automatically be

changed to Master Mariner license (unlimited) without examination, and upon

recommendation and presentation of certificate of service from the Masters of

such vessels: Provided, further, That if he has served two years as

Chief Mate on merchant marine vessels registered for the foreign trade only, he

can still qualify for a Master Mariner license but limited to merchant marine

vessels on foreign trade, until such time when he will have served six months as

Chief Mate on merchant marine vessels registered for the coastwise trade, then

his Master Marine License (limited) shall automatically be changed to Master

Marine license (unlimited) without examination, and upon recommendation and

presentation of a certificate of service from the Master of such vessel.

Chief Mate — Applicant must be a holder of Second Mate license who

has served on merchant marine vessels of not less than two hundred fifty gross

tons as Second Mate, for a period of one year, four months of which must be on

merchant marine vessels registered for the foreign trade and ax least four

months on merchant marine vessels registered for the coastwise trade:

Provided, however, That if he has served one year as Second Mate on

merchant marine vessels registered for the coastwise trade only, he can still

qualify for a Chief Mate's license but limited to merchant marine vessels on

coastwise trade, until such time when he will have served the required four

months as Second Mate on Merchant Marine vessels registered for the foreign

trade, then his Chief Mate license (unlimited) without examination, and upon

recommendation and presentation of a certificate of service from the Master of

such vessel.

Second Mate. — Applicant must be a holder of Third Mate license who

has served on merchant marine vessels of not less than two hundred fifty gross

tons as Third Mate, for a period of one year with at least four months on

merchant marine vessels registered for the foreign trade and at least four

months on merchant marine vessels registered for the coastwise: Provided,

however, That if he has served one year as Third Mate on merchant marine

vessels registered for the coastwise trade only, he can still qualify for a

Second Mate's license but limited to merchant marine vessels on coastwise trade,

until such time when he will have served the required four months as Third Mate

on Merchant marine vessels registered for the foreign trade, then his Second

Mate license (limited) shall automatically be changed to Second Mate license

(unlimited) without examination, and upon recommendation and presentation of a

certificate of service from the Master of such vessel: Provided,

further, That if he has served one year as Third Mate on merchant marine

vessels registered for the foreign trade only, he can still qualify for a Second

Mate's license but limited to merchant, marine vessels on foreign trade, until

such time when he will have served the required four months as Third Mate on

Merchant marine vessels registered for coastwise trade, then his Second Mate

license (limited) shall automatically be changed to Second Mate license

(unlimited) without examination, and upon recommendation and presentation of a

certificate of service from the Master of such vessel.

Third Mate. — Applicant must be a holder of a degree of Bachelor of

Science in Marine Transportation, major in Navigation and Seamanship, after

completion of a nautical curriculum of academic and theoretical studies, and

eighteen months of practical apprenticeship which must be served with at least

four months on merchant marine vessels of not less than two hundred fifty gross

tons registered for foreign trade, and at least four months on merchant marine

vessels of not less than two hundred fifty gross tons registered for coastwise

trade, such apprenticeship to be under the direct supervision of a permanent

staff of the institution assigned solely for such purpose.

Major Patron. — An applicant for Patron in major coastwise trade

shall be at least twenty-five years of age and shall produce a certificate

showing that he has passed high school or its equivalent in an officially

recognized school and that he has navigated on a coastwise or a high sea vessel

as boatswain, quartermaster, sailor or apprentice mate on a merchant marine

vessel of not less than two hundred fifty gross tons for a period of at least

ten years, or that he has navigated as minor patron for at least five years.

Minor Patron. — An applicant for certificate of Patron in the Minor

coastwise trade shall not be less than twenty-five years of age and shall

produce satisfactory evidence showing that he has passed high school or its

equivalent in an officially recognized school and that he has navigated on a

coastwise or high sea vessel of thirty gross tons or over a period of not less

than five years as boatswain, or quarter-master or sailor.

Bay, lake, river or harbor Patron. — An applicant for a certificate

as Patron for bay, lake, river or harbor shall be at least twenty-five years of

age and shall produce satisfactory evidence showing that he has passed high

school or its equivalent in an officially recognized school, and that he has

navigated on board a vessel or watercraft of three gross tons and above for a

period of not less than five years as seaman or quartermaster.

Section 17 Engine Officers.

SEC. 17. Engine Officers. —

Chief Marine Engineer.— An applicant for certificate of Chief

Marine Engineer shall not be less than twenty-five years of age and shall

produce satisfactory evidence showing that he has passed Marine Engineering

schools or its equivalent in an officially recognized school and that he has

navigated as second engineer for a period of not less than two years:

Provided, further, That a certificate of service is issued to the Chief

Engineer and Master of the vessel and duly authenticated by the ship owner or by

the ship representative of the vessel.

Second Marine Engineer. — Applicant must be a holder of Third

Engineer license who has served on vessels of not less than two hundred fifty

B.H.P. as Third Engineer for a period of one year on steam or motor vessel:

Provided, further, That a certificate of service is issued by the Chief

Engineer and Master of the vessel and duly authenticated by the ship owner or by

the ship representative of the vessel.

Third Marine Engineer. — Applicant must be a holder of Fourth

Engineer license who has served on vessels of not less than two hundred fifty

IHP as Fourth Engineer for a period of one year on steam or motor vessel

Provided, further, That a certificate of service is issued by the Chief

Engineer and Master of the vessel and duly authenticated by the ship owner or by

the ship representative of the vessel.

Fourth Marine Engineer. — An applicant must be at least a second

year high school, recognized by the Government, having served for at least five

years as apprentice engineer, oiler, or machinist on vessel propelled by motor

or steam engines of not less than two hundred fifty BHP. Under this category, he

must pass through a review class before admitted to take examinations:

Provided, however, That if the applicant is a marine engineer graduate,

of a recognized school, he must have at least served two years as apprentice

engineer, oiler or machinist: Provided, further. That a

certificate of service is issued by the Chief Engineer and Master of the vessel

and duly authenticated by the ship owner or by the ship representative of the

vessel.

Motor Engineer. — An applicant shall be at least twenty-one years

of age, a graduate of elementary school and shall produce satisfactory evidence

showing that he has served as oiler, machinist, or apprentice motor engineer on

motor vessel for at least five years.

Section 18

SEC. 18. Administrative Investigation. In addition to the

functions provided for in the preceding sections, the Board of

Engineers for both Deck and Engine Officers shall perform the following

duties:

To study the conditions affecting the practice of the marine profession in

all parts of the Philippines.

To exercise the powers conferred upon it by this article to maintain the

ethical and professional standards of the marine profession.

To conduct the necessary administrative proceedings against any erring

practitioner.

To promulgate such rules of conduct or Code of Ethics for a harmonious

performance of the duties and obligations of every practitioner. The manner of

proceedings for investigation may be promulgated by the Board:

Provided, That the investigation and results thereof are completed as

soon as practicable.

Section 19 Grounds for Proceedings Against a Certified Marine Officer.

SEC. 19. Grounds for Proceedings Against a Certified Marine

Officer. — Any of the following shall be sufficient grounds for proceedings

against a certified and licensed marine officer:

Conviction by a court of competent jurisdiction of any criminal offense

involving moral turpitude;

Immoral or dishonorable conduct;

Insanity;

Fraund in the acquisition of the certificate of registration;

Gross negligence or incompetence in the practice of his profession;

Addiction to alcoholic beverages or to any habit-forming drugs rendering him

incompetent to practice his profession;

False or extravagant or unethical advertisement in which other things than

his name, profession, limitation or practice, office and home address are

mentioned; and

Violation of any provision of the Code of Ethics promulgated by the Board of

Marine Engineers.

Section 20 Rights of Respondents.

SEC. 20. Rights of Respondents. —The respondent

certified merchant marine officer shall be entitled to be represented by

counsel, to have a speedy and public hearing and to confront and to

cross-examine witnesses against him.

Section 21 Appeal from Judgment.

SEC. 21. Appeal from Judgment. —The decision of the

Board of Examiners shall become final thirty days alter receipt by the

respondent of a copy of the decision, unless, during the same period, he has

appealed to the President of the Philippines, whose decision then, shall be

final.

Section 22 Reinstatement.

SEC. 22. Reinstatement. — After five years, the

Marine Board of Examiners may order the reinstatement of any certified marine

officer, whose certificate of registration has been revoked if the respondent,

during this period has acted in an exemplary manner and has not committed by

illegal, immoral or dishonorable act.

Section 23 Limitation on the Practice of the Marine Profession.

SEC. 23. Limitation on the Practice of the Marine

Profession. — All marine licenses for Masters, Mates, Patrons, issued prior

to the enactment of this law shall retain the same condition mentioned therein:

Provided, however, That subsequent upgrading of such license are in

accordance with the provision stated therein.

The provisions of subsection (d), Section sixteen and subsection (d), Section

seventeen of this Act shall not prejudice all students already enrolled in their

respective courses to qualify them for their Third Mate and Fourth Engineer

license examinations, respectively, after the required shipboard apprenticeship:

Provided, however, That after five (5) years from the approval of this

Act, examinees for the Fourth Marine Engineers must be a graduate of the Marine

Engineering School or its equivalent degree and has served for at least two

years as apprentice engineer oiler or machinist after graduation.

All licenses for chief, second, third and fourth motor engineer, issued prior

to the enactment of this law must be registered as marine engineer and must

renew their licenses as marine engineer with the Board and pay the corresponding

fees provided in Section twelve of this Act.

All licenses for bay, river, lake and harbor engineers issued prior to the

enactment of this law shall register as motor engineer and must renew their

licenses as motor engineer and pay the corresponding fees for license as

provided in Section twelve of this Act.

Section 24 Repealing Clause.

SEC. 24. Repealing Clause. — All laws, parts of

laws, orders or regulations, inconsistent with the provisions of this Act are

hereby repealed or modified accordingly.

Section 25 Effectivity.

SEC. 25. Effectivity. — This Decree shall take

effect immediately.

Done in the City of Manila, this 13th day of January, in the year of Our

Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary