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

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:

Section 2. Definition of Terms.—As used in this Act, the following terms shall mean:

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:

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 year’s 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,

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.

Approved: MAR 13 2014

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