AMENDMENTS TO ITEM E, ON FINES AND PENALTIES, OF MEMORANDUM CIRCULAR NO. 41, AS AMENDED BY MEMORANDUM CIRCULAR NO. 41-A ON GUIDELINES UNDER 1978 STCW INTERNATIONAL CONVENTION

Pursuant to
Section 12 (f) of Executive Order No. 125, as amended by Executive Order
No. 125-A, both series of 1987, Item E, on Fines and Penalties of
Memorandum Circular No. 41, as amended by Memorandum Circular No. 41-A
on guidelines for the issuance of endorsement certificates and ratings
certificate in compliance with the requirements of 1978 International
Convention on Standards of Training, Certification and Waterkeeping
(STCW), for Seafarers is hereby further amended, as follows:

1.
Any seafarer who submits any false statement or misrepresentation in his
application, fraudulent or tampered certificates or documents shall be
subject to criminal prosecution under The Revised Penal Code and
administrative penalty, as follows:

First Offense:

Officers:
	Master Mariner	P12,000.00
	Chief Engineer	11,000.00
	Chief Mate/Second Engineer	9,000.00
	Second Mate/Third Engineer/Radio Operator/Electrician	7,000.00
	Third Mate/Fourth Engineer	6,000.00
Ratings		5,000.00

For succeeding offenses, suspension or disqualification to practice
his profession by the Professional Regulation Commission or proper
government agency upon recommendation of the Maritime Industry Authority
shall be imposed.

2. Shipping companies or manning agencies requesting or
recommending endorsement for and/or in behalf of a particular seaman
shall be held responsible for the spurious or tampered documents
submitted to this Authority which were secured or tampered by the
shipping company or manning agency or any of their employees or liaison
officers/messengers, or where said company or agency or employee/liaison
officer/messenger has tampered or participated in securing the
documents from any source shall be made solidarily liable to the
following administrative fine:

First Infraction – Twenty Five Thousand (P25,000.00) Pesos

Second Infraction – One Hundred Thousand (P100,000.00) Pesos and
suspension of company’s License for one (1) month by the Philippine
Overseas Employment Administration or proper government agency upon
recommendation of the Maritime Industry Authority

Third Infraction – Cancellation of company’s license by the
Philippine Overseas Employment Administration or proper government
agency upon recommendation of the Maritime Industry Authority

No permit, license or authority shall be granted pending compliance with this memorandum circular.

In addition, the responsible officials of the Company or Agency and
employee/liaison officer/messenger shall be subject to criminal
prosecution under the Revised Penal Code.

This Memorandum Circular shall take effect fifteen (15) days after its publication once in a newspaper of general circulation.

Adopted: 30 Aug. 1991

(Sgd.) PHILIP S. TUAZON

Administrator