PRESIDENTIAL DECREE NO. 97, January 13, 1973
REGULATING THE PRACTICE OF THE MARINE PROFESSION IN THE PHILIPPINES.
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. This Decree shall be known as the Philippine
Merchant Marine Officers Law.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Chief Mate, 2nd Marine Engineer and Major Patron
2nd Mate and Third Marine Engineer
3rd Mate and Fourth Marine Engineer
Minor Patrons and Motor Engineers
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
Chief Mate, 2nd Marine Engineer and Major Patron
2nd Mate and Third Marine Engineer
3rd Mate and Fourth Marine Engineer
Minor Patrons and Motor Engineers
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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