Jurisdiction over Maritime Education.
SEC. 75. Jurisdiction over Maritime Education. - Consistent with Republic Act No. 10635, otherwise known as "An Act Establishing the Maritime Industry Authority (MARINA) as the Single Maritime Administration Responsible for the Implementation and Enforcement of the 1978 International Convention on Standards of Training, Certification and Wathckeeping for Seafarers, as Amended, and International Agreements or Covenants Related Thereto", MARINA shall have jurisdiction over maritime education. In consultation with the CHEd, it shall:
(a) Ensure the quality, standard, and competence of maritime students and graduate;
(b) Adopt and implement appropriate academic and training standards, including required learning facilities;
(c) Accredit, regulate, and monitor maritime education institutions offering maritime degree programs or technical courses;
(d) Close, phase-out, or revoke the license or accreditation of substandard maritime education institutions, or specific degree programs, courses, or training;
(e) Enhance the capacity of MHEIs to develop both international and domestic maritime degree programs;
(f) Ensure that the curriculum of the MHEIs offering international maritime degrees comply with standards set forth in the STCW Convention and all other applicable maritime and labor conventions, taking into accounts the IMO model courses;
(g) Accredit, regulate, and monitor maritime training institutions;
(h) Approve non-degree maritime courses developed by maritime education or training institutions or the TESDA;
(i) Create a mechanism for the ladderization of both international and domestic maritime degree programs, and non-degree maritime courses developed by the TESDA; and
(j) Regulate the fees charged by maritime educational institutions, and consistent with Section 83 of this Act, regulate the fees charged by maritime training institutions.
Shipboard Training.
SEC. 76. Shipboard Training. - Consistent with the STCW Convention, as amended, shipboard training shall be a requirement for international maritime degree programs. MARINA shall determine the applicability of shipboard training, including its duration, for domestic maritime degree programs or non-degree programs, in accordance with best practices in maritime education and training.
The MARINA shall issue the applicable guidelines on shipboard training for overseas and domestic ships, including allowable tonnage, duration, qualifications of training officers, maximum number of cadets, and mechanisms to address harassment and bullying of cadets.
Shipboard Training Agreement for Cadets.
SEC. 77. Shipboard Training Agreement for Cadets. - There shall be a written agreement between the shipowner, cadet, and the maritime institution or school, which shall embody the information, terms and conditions of the cadetship program. The MARINA shall issue the necessary guidelines for the effective implementation of this cadetship program, taking into account the nature of the maritime degree.
Requirements for Maritime Higher Education Institutions.
SEC. 78. Requirements for Maritime Higher Education Institutions. - Consistent with Republic Act No. 844, otherwise known as "An Act Requiring Nautical or Maritime Schools To Have At Least One Training Ship Each", all MHEIs offering international maritime degree programs shall be required to have their own training ships, simulators, or other similar technologies, or shall directly enter into agreements with local or international shipping companies, shipowners, or manning agencies for the shipboard training program of their students or cadets.
MHEIs offering international maritime degree programs shall enroll or admit a sufficient number of students or cadets proportionate to the number of training slots in their own training ships, simulators, or other similar technologies, or the number of training slots that can be accommodated by the shipping companies, shipowners, or manning agencies based on their agreements with the concerned MHEIs: Provided, That upon passage of this Act, MHEIs shall give priority for shipboard training to students who have finished the academic requirements of their programs and signified their intent to avail of the shipboard training: Provided, further, That MHEIs shall accommodate all previous students who have finished the academic requirements of their programs who signify their intention to avail of the shipboard training: Provided, finally, That the MHEIs shall not charge the students any tuition or matriculation fees for the shipboard training, unless conducted in the MHEIs' own training ships.
Requirements for Philippine-registered Ships on Shipboard Training.
SEC. 79. Requirements for Philippine-registered Ships on Shipboard Training. - All Philippine-registered ships operating domestically are mandated to enter into agreement with any of the MHEIs for the shipboard training of the latter's cadets for domestic maritime degree or non-degree programs. The number of cadets required to be accommodated shall be in accordance with rules and regulations issued by the MARINA.
Philippine-registered ships operating internationally shall also enter into agreement with any of the MHEIs for the shipboard training of the latter's cadets. They shall be required to accommodate cadets in accordance with the STCW Convention and the guidelines issued by the MARINA.
For this purpose, all Philippine-registered ships, whether operating domestically or internationally, conducting shipboard training shall appoint or employ a training officer who shall ensure that the training programs are compliant with the established shipboard training curriculum. Shipowners may charge reasonable fees for the training of cadets. MARINA shall issue guidelines on the amount of fees that may be charged by shipowners on the training of cadets.
The MARINA shall provide incentives to owners of commercially-operating domestic ships reconfigured for use in the shipboard training of a substantial number of cadets. MARINA shall also issue the appropriate guidelines for the grant of such incentives, after consultation with the relevant stakeholders.
Compliance Period and Penalty for Violation.
SEC. 80. Compliance Period and Penalty for Violation. - The MHEIs shall comply with the provisions of Section 78 within three (3) years from the implementation of this Act.
In no case shall MHEIs enter into an agreement with any other MHEI to comply with the requirements of the preceding sections. Furthermore, and subject to the provisions of Republic Act No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Official and Employees", no MARINA, CHED, or TESDA official or employee, or their spouse or relative up to the fourth civil degree of consanguinity or affinity shall own or have substantial interest in an MHEI or training institution.
Failure to comply with this provision within three (3) years shall result in the cancellation of the MHEI's government license or recognition.
Non-discrimination in Shipboard Training.
SEC. 81. Non-discrimination in Shipboard Training. - Cadets shall be accorded equal access to training and shall not be discriminated against for shipboard training. Discrimination on the basis of race, sex, gender, religion, and political opinions, taking into consideration the inherent requirements of the job or undertaking, shall be prohibited.
Incentive Programs for MHEIs.
SEC. 82. Incentive Programs for MHEIs. - The MARINA, in consutlation with the CHED, may establish programs to incentivize MHEIs to have their own training ships, simulators, and equivalent technology and adapt to the changing needs of the maritime industry. Once established, the amount necessary for the implementation of the incentive program shall be included in the General Appropriations Act (GAA).
Regulation of Training Programs and Fees.
SEC. 83. Regulation of Training Programs and Fees. - The Maritime Industry Board created under Presidential Decree No. 474, otherwise known as the "Maritime Industry Decree of 1974", shall be authorized under this Act to regulate the fees imposed by MARINA-accredited maritime training institutions for maritime courses and programs required under the STCW Convention, as amended. The MARINA Board shall ensure that the fees charged for these training courses are reasonable. For this purpose, the Secretary of the DMW shall be a regular and voting member of the MARINA Board to ensure the protection of the rights and welfare of seafarers on board ships operating internationally.
The power to regulate dos not extend to non-mandatory training or courses. In this regard, the MARINA shall regularly publish the mandatory training or courses required by the STCW Convention.
Non-Degree Courses For Seafarers.
SEC. 84. Non-Degree Courses For Seafarers. - Subject to the approval of the MARINA, the TESDA, in consultation with the CHED, may develop and establish non-degree courses on maritime education and training consistent with its mandate under Republic Act No. 7796. Non-degree holder seafarers may be required to undergo shipboard training for purposes of employment in the domestic maritime industry, in vessels below the minimum gross tonnage and horsepower required under the guidelines of the MARINA in compliance with international standards: Provided, That such non-degree program may serve as a preparatory course, or may be considered as an "associate degree", leading to full international or domestic maritime degree programs through a ladderized system of education and training, consistent with Republic Act No. 10647 and Republic Act No. 10968, otherwise known as the "PQF Act".
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
