Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila
Sixteenth Congress
First Regular Session
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand
thirteen.
REPUBLIC ACT NO. 10635
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
WATCHKEEPING FOR SEAFARERS, AS AMENDED, AND INTERNATIONAL
AGREEMENTS OR COVENANTS RELATED THERETO
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Declaration of Policy.The following are hereby declared to be the policies of the
State:
(a) The State shall ensure compliance with the 1978 International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers (STCW
Convention), as amended; all international agreements implementing or applying the
STCW Convention; and other international maritime safety conventions or agreements
that the STCW Convention seeks to promote compliance with;
(b) The State recognizes the vital contribution of the seafarers to the national economy.
Toward this end, the State shall establish systems and mechanisms for the promotion and
protection of the well-being of the seafarers to ensure their professionalism and
competitiveness, both in local and international trade, consistent with existing local labor
laws and applicable international laws;
(c) The State shall create a single maritime administrative system and structure that shall
provide an enabling environment for the business of Philippine seafaring; establish
appropriate institutional arrangements with other agencies of government; and create an
effective regulatory framework conducive to the efficiency, transparency and
competitiveness of the Philippine seafaring industry consistent with the STCW
Convention; and

(d) The State shall harmonize all legal and administrative measures which are taken and
provided for by government regulatory agencies and ensure that such measures are
appropriate and consistent with the STCW Convention.
Section 2. Definition of Terms.As used in this Act, the following terms shall mean:
(a) Certificate of competencya certificate issued to masters, officers and Global
Maritime Distress and Safety System (GMDSS) radio operators in accordance with the
provisions of Chapters II, III, IV or VII of the Annex to the STCW Convention entitling
the lawful holder to serve and perform the functions involved at the level of responsibility
specified therein.
(b) Certificate of endorsementan attestation of the maritime administration as to the
authenticity and validity of the certificates, incorporated in the format of the certificates
issued to masters and officers, stating that the issuance of the relevant certificate is in
compliance with the requirements of the STCW Convention.
(c) Certificate of proficiencya certificate other than a certificate of competency issued
to a seafarer, stating that the relevant requirements of training competencies or seagoing
service under the STCW Convention have been met.
(d) Documentary evidenceall the documentation, other than a certificate of competency
or certificate of proficiency, used to establish that the relevant requirements of the STCW
Convention have been met.
(e) Maritime administration or single maritime administrationthe Maritime Industry
Authority (MARINA), as the single government agency mandated to ensure complete
and effective implementation of the STCW Convention.
(f) Seafarerany person who is employed, engaged or works onboard seagoing ships,
whether or not such ships are engaged in the domestic or overseas trade, and to whom the
STCW Convention applies.
(g) STCW Conventionthe 1978 International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, and its subsequent amendments.
Section 3. MARINA as the Single Maritime Administration.The MARINA, created under
Presidential Decree. No. 474, as amended, shall be the single maritime administration mandated
to implement and enforce the 1978 International Convention on Standards of Training,
Certification and Watchkeeping for Seafarers. It shall carry out an effective regulatory
framework conducive to the efficiency, transparency and competitiveness of the Philippine
seafaring industry.
Section 4. Powers and Functions of the MARINA.In addition to the mandate of the MARINA
under Presidential Decree No. 474, as amended, and in order to carry out the provisions of this
Act, the MARINA shall exercise the following powers and functions:

(a) Act as the single and central maritime administration for all purposes relating to
compliance with the STCW Convention.
(b) Administer and ensure the effective implementation of the STCW Convention;
including all international conventions or agreements implementing or applying the same,
as well as international maritime safety conventions or agreements that it seeks to
promote compliance with.
(c) Assume all powers and functions of the Professional Regulation Commission (PRC),
the Commission on Higher Education (CHED), the Technical Education and Skills
Development Authority (TESDA), the Department of Health (DOH) and the National
Telecommunications Commission (NTC) relative to the issuance, validation, verification,
correction, revocation or cancellation of certificates of competency, endorsement,
proficiency and documentary evidence required of all seafarers and all such other matters
pertaining to the implementation of the STCW Convention, subject to the following:
(1) The MARINA shall ensure that the examination, licensing and certification
system for marine deck and engine officers are in accordance with the
requirements prescribed under the STCW Convention. All powers, duties and
functions of the PRC on examination, licensing and certification system for
marine deck and engine officers as provided in Republic Act No. 8544, otherwise
known as "The Philippine Merchant Marine Officers Act of 1998", shall
henceforth be exercised by the MARINA. The compensation and allowances of
the Board of Marine Deck Officers and Marine Engine Officers under Article TV,
Section 8 of Republic Act No. 8544 shall, however, be comparable to the
compensation and allowances being received by the chairpersons and members of
other existing regulatory boards under the PRC and as provided in the General
Appropriations Act.
(2) The MARINA shall adopt rules and regulations, in accordance with the STCW
Convention, governing able-bodied deck and engine ratings including:
(i) Monitoring and verification of compliance with the standards of
ratings;
(ii) Harmonization of the procedures for periodic evaluation, assessment
and monitoring activities undertaken by accredited institutions with
registered programs for ratings; and
(iii) Issuance of certificates of proficiency to ratings.
(3) The MARINA shall ensure that all legal and administrative measures relative
to the issuance of certificates of competency of GMDSS radio operators are in
accordance with the STCW Convention. For this purpose, the MARINA shall
assess, revalidate and issue GMDSS radio operators certificate in accordance
with the provisions under the STCW Convention.

(4) The MARINA shall ensure that all maritime education, including the curricula
and training programs, are structured and delivered in accordance with the written
programs, methods and media of delivery, procedures, and course materials
compliant with international standards as prescribed under the STCW
Convention. For this purpose, the MARINA shall:
(i) Chair the Technical Panel on Maritime Education (TPME) of the
CHED; the TPME shall among others, formulate, review and recommend
to the CHED en banc all policies, standards, and guidelines for maritime
education, including curricula, facilities and guidelines;
(ii) Monitor and verify, in coordination with the CHED, compliance with
the policies, standards, and guidelines of maritime education in the
conduct of maritime education and training programs;(iii) Review and harmonize the procedures for periodic evaluation,
assessment and monitoring of all maritime education and training
institutions in accordance with the standards of the CHED and other
recognized international organizations;
(iv) Develop, formulate and recommend for implementation, strict quality
assurance mechanisms and relevant typology for maritime education
programs and institutions;
(v) Recommend to the CHED en banc the closure/phase-out of
substandard maritime education institutions, in accordance with the rules
and regulations, as well as recommend alternative schemes or options for
the affected maritime educational institution;
(vi) Maintain an updated list of compliant and phased-out maritime
education and training programs, publish such lists in appropriate media,
and provide the public with a clear understanding of the consequences of
enrolling in a phased-out program;
(5) The MARINA shall coordinate with the DOH to ensure that the medical
standards established to ascertain the medical fitness of seafarers are in
accordance with the international conventions/treaties and existing laws. For this
purpose, the MARINA shall:
(i) Ensure that the medical examinations and issuance of medical
certificates by the DOH accredited hospitals, medical clinics, and
laboratories, including medical practitioners are in accordance with the
standards prescribed by the STCW Convention; and
(ii) Ensure that medical certificates are issued by a duly-qualified medical
practitioner recognized by and accredited with the DOH, and for this

purpose, a register of recognized medical practitioners shall be maintained

and made available to seafarers, shipping companies and State parties to
the STCW Convention,
Section 5. Composition of the Maritime Industry Board.To ensure the proper implementation
and enforcement of the STCW Convention in relation to international maritime safety and
environmental agreements, the Commandant of the Philippine Coast Guard (PCG), in lieu of the
Secretary of National Defense, shall be included as member of the Maritime Industry Board
established pursuant to Presidential Decree No. 474 creating the MARINA. The Maritime
Industry Board may create an advisory council that will assist the MARINA in ensuring
compliance with the STCW Convention, as it may deem proper. The number and members of
this council shall be identified and determined by the Maritime Industry Board.
Section 6. Appropriations.The Secretary of Transportation and Communications, through, the
MARINA, shall immediately include in its programs the operationalization requirement of the
STCW Services, the initial funding of which shall be charged against the savings or current
years appropriations of the MARINA. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General Appropriations Act.
Section 7. Implementing Rules and Regulations.The MARINA shall issue the required
implementing rules and regulations in accordance with the provisions of this Act within six (6)
months from the effectivity hereof. In the formulation of such rules and regulations, the
MARINA shall ensure that the processes and procedures for issuance, validation, verification,
correction, revocation, or cancellation of certificates of competency, endorsement, proficiency
arid documentary evidence required of seafarers under the STCW Convention shall be the most
efficient and convenient way for the seafarers including, but not limited to, the establishment of
one-stop shop arrangements, computerization and automation, and elimination of redundant fees
and charges.
Section 8. Transitory Provisions.All certificates of competency, endorsement, proficiency and
documentary evidence issued prior to the effectivity of this Act shall be deemed valid without
necessity of revalidation or reissuance until the date of expiration as stated in such certificates or
other documents. Thereafter, new certificates or other documents shall be revalidated or reissued
only in accordance with the implementing rules and regulations issued pursuant to this Act, in
conformity with the STCW requirements.
Section 9. Separability Clause.If for any reason any section or provision of this Act is
declared unconstitutional or invalid, the other sections, or provisions hereof not affected by such
declaration shall remain in force and in effect.
Section 10. Repealing Clause.The provisions of Presidential Decree No. 474 on the
composition of the Maritime Industry Board and all the provisions under Republic Act No. 8544
relating to the examination, licensing and certification system for marine deck and engine
officers are hereby amended. All existing laws, orders, decrees, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 11. Effectivity Clause.This Act shall take effect fifteen (15) days from its publication
in the Official Gazette or in at least two (2) national newspapers of general circulation.
Approved,

(Sgd.) FRANKLIN M. DRILON

President of the Senate

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 2043 and House Bill No. 3766 was finally
passed by the Senate and the House of Representatives on February 10, 2014 and February 17,
2014, respectively.

(Sgd.) OSCAR G. YABES

Secretary of the Senate

Approved: MAR 13 2014

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

(Sgd.) MARILYN B. BARUA-YAP

Secretary General
House of Representatives