MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 75
DESIGNATING THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), THROUGH THE MARITIME INDUSTRY AUTHORITY, AS THE SINGLE ADMINISTRATION IN THE PHILIPPINES RESPONSIBLE FOR OVERSIGHT IN THE IMPLEMENTATION OF THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED
WHEREAS, the Philippines is the premier provider of competent and certificated seafarers in the international seaborne trade, accounting for more than 25% of the total crew requirements on board international merchant marine vessels, performing management and operational functions as well as support services on ships of various types, categories and sizes;
WHEREAS, the Philippines’ shipboard personnel is a consistent major contributor to the Philippine economy through its foreign exchange earnings in the amount of more than US$3 Billion annually;
WHEREAS, it is of paramount national interest that the competitiveness of the Filipino seafarer be promoted and sustained and thereby ensure that they are accorded consistent priority in employment and that their job security is maintained;
WHEREAS, the above objective...
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Executive Orders
Designating The Department Of Transportation And Communications (DOTC), Through The Maritime Industry Authority, As The Single Administration In The Philippines Responsible For Oversight In The Implementation Of The 1978 International Convention On Standards Of Training, Certification And Watchkeeping For Seafarers, As Amended
Executive Order No. 75
Summary of Executive Order No. 75
Designating the Department of Transportation and Communications (DOTC), through the Maritime Industry Authority (MARINA), as the Single Administration in the Philippines Responsible for Oversight in the Implementation of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as Amended
- Background and Rationale (Whereas clauses):
• The Philippines is the premier provider of competent and certificated seafarers in the international seaborne trade, accounting for more than 25% of the total crew requirements on board international merchant marine vessels, performing management and operational functions as well as support services on ships of various types, categories and sizes. (Section 1)
• The Filipino seafarer is a consistent major contributor to the Philippine economy through its foreign exchange earnings in the amount of more than US$3 Billion annually. (Section 2)
• It is of paramount national interest that the competitiveness of the Filipino seafarer be promoted and sustained and thereby ensure that they are accorded consistent priority in employment and that their job security is maintained. (Section 3)
• The 1978 International Convention on Standards of Training, Certification and Watchkeeping (STCW Convention) for Seafarers, as amended, is a maritime safety instrument which sets the global standard of training and certification for seafarers engaged in the international shipping trade, adopted under the auspices of the International Maritime Organization (IMO). (Section 5)
• The Philippines is a party to the STCW Convention through the Instrument of Accession submitted to the IMO on 11 January 1984. (Section 6)
• The adoption of the 2010 STCW Amendments, also known as the "Manila Amendments" which took effect on 1 January 2012, imposes upon the maritime administration extensive responsibilities to satisfy full and complete compliance thereof. (Section 7)
• There is an urgent need for the Philippines to institutionalize a single maritime administration to lead, and supervise the comprehensive review and amendment, if necessary, of existing laws, rules and regulations, including undertaking other appropriate measures to ensure full and complete compliance with the Manila Amendments. (Section 8)
• Full and complete implementation to institutionalize a single maritime administration will still entail congressional action to amend or revise the legal mandates of the Professional Regulatory Commission (PRC) and the Commission on Higher Education (CHED). (Section 9)
- Designation of DOTC through MARINA as the Single Maritime Administration (Sections 1 and 2):
• The DOTC through the MARINA shall exercise oversight and supervision over compliance with all qualification requirements and conditions under the STCW Convention, as amended, relating to maritime education, training and certification, subject to existing and applicable laws. (Section 1)
• The DOTC, through the MARINA, is hereby designated as the single and central maritime administration. (Section 2)
• MARINA is hereby authorized to issue the appropriate Certification for the deployment of seafarers in the international seaborne trade consistent with the STCW 2010 Manila amendments. (Section 2)
- Functions and Responsibilities of DOTC through MARINA (Section 2):
• DOTC through MARINA shall issue the implementing rules and regulations to ensure that all legal and administrative measures taken and provided by the concerned government agencies and instrumentalities are appropriate and compliant to the STCW Convention, as amended. (Section 2)
• DOTC, through the MARINA shall likewise review existing laws, rules and regulations, and undertake appropriate action to recommend to Congress the enactment of appropriate measures to revise or amend any and all existing laws, whenever warranted, to comply with and implement STCW Convention, as amended. (Section 2)
- Transfer of Functions from MTC and TESDA (Section 3):
• The functions of the existing Maritime Training Council (MTC) created under Letter of Instructions No. 1404 (1984) and the function of the Technical Education and Skills Development Authority (TESDA) to issue the Certificate of Competency for Ratings by virtue of Executive Order No. 242 (s. 2000) shall be transferred to the DOTC, through the MARINA. (Section 3)
• The records, equipment, facilities, rights, and other assets and personnel of MTC and TESDA related to the transferred functions are hereby transferred to the DOTC, through the MARINA. (Section 3)
- Cooperation from Other Government Agencies (Section 4):
• All departments, agencies, bureaus, offices, including Government-Owned or Controlled Corporations (GOCCs) are hereby directed to render full assistance and cooperation to the DOTC, through the MARINA, as may be necessary and appropriate in the performance of its functions. (Section 4)
- Funding and Personnel (Section 5):
• The amount necessary to carry out the implementation of this Executive Order shall be chargeable against such funds as may be identified by the Office of the President and the DOTC. (Section 5)
• The creation of additional plantilla positions and hiring of additional personnel to carry out the functions enumerated therein shall be authorized in coordination with the Department of Budget and Management (DBM). (Section 5)
• Thereafter, appropriations for the STCW implementation shall be included in the budget of the DOTC, through the MARINA. (Section 5)
- Implementing Rules and Regulations (Section 6):
• The DOTC, through the MARINA, shall, within thirty (30) days from the effectivity of this Executive Order, promulgate rules and regulations necessary to ensure the effective implementation of this Executive Order. (Section 6)
- Repealing Clause (Section 7):
• Letter of Instruction No. 1404 (1984) and Executive Order No. 242 (s. 2000) are hereby repealed. (Section 7)
• All other orders, rules, regulations and issuances, or parts thereof, which are inconsistent with this Executive Order are hereby repealed or modified accordingly. (Section 7)
- Transitory Provision (Section 8):
• The MTC and TESDA shall continue to discharge their respective functions within thirty (30) days from effectivity of this Executive Order or until such time that the DOTC, through the MARINA, shall have fully established procedures relative to the transfer and assumption of functions stated herein. (Section 8)
- Separability Clause (Section 9):
• If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. (Section 9)
- Effectivity (Section 10):
• This Executive Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation. (Section 10)
Designating the Department of Transportation and Communications (DOTC), through the Maritime Industry Authority (MARINA), as the Single Administration in the Philippines Responsible for Oversight in the Implementation of the 1978 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as Amended
- Background and Rationale (Whereas clauses):
• The Philippines is the premier provider of competent and certificated seafarers in the international seaborne trade, accounting for more than 25% of the total crew requirements on board international merchant marine vessels, performing management and operational functions as well as support services on ships of various types, categories and sizes. (Section 1)
• The Filipino seafarer is a consistent major contributor to the Philippine economy through its foreign exchange earnings in the amount of more than US$3 Billion annually. (Section 2)
• It is of paramount national interest that the competitiveness of the Filipino seafarer be promoted and sustained and thereby ensure that they are accorded consistent priority in employment and that their job security is maintained. (Section 3)
• The 1978 International Convention on Standards of Training, Certification and Watchkeeping (STCW Convention) for Seafarers, as amended, is a maritime safety instrument which sets the global standard of training and certification for seafarers engaged in the international shipping trade, adopted under the auspices of the International Maritime Organization (IMO). (Section 5)
• The Philippines is a party to the STCW Convention through the Instrument of Accession submitted to the IMO on 11 January 1984. (Section 6)
• The adoption of the 2010 STCW Amendments, also known as the "Manila Amendments" which took effect on 1 January 2012, imposes upon the maritime administration extensive responsibilities to satisfy full and complete compliance thereof. (Section 7)
• There is an urgent need for the Philippines to institutionalize a single maritime administration to lead, and supervise the comprehensive review and amendment, if necessary, of existing laws, rules and regulations, including undertaking other appropriate measures to ensure full and complete compliance with the Manila Amendments. (Section 8)
• Full and complete implementation to institutionalize a single maritime administration will still entail congressional action to amend or revise the legal mandates of the Professional Regulatory Commission (PRC) and the Commission on Higher Education (CHED). (Section 9)
- Designation of DOTC through MARINA as the Single Maritime Administration (Sections 1 and 2):
• The DOTC through the MARINA shall exercise oversight and supervision over compliance with all qualification requirements and conditions under the STCW Convention, as amended, relating to maritime education, training and certification, subject to existing and applicable laws. (Section 1)
• The DOTC, through the MARINA, is hereby designated as the single and central maritime administration. (Section 2)
• MARINA is hereby authorized to issue the appropriate Certification for the deployment of seafarers in the international seaborne trade consistent with the STCW 2010 Manila amendments. (Section 2)
- Functions and Responsibilities of DOTC through MARINA (Section 2):
• DOTC through MARINA shall issue the implementing rules and regulations to ensure that all legal and administrative measures taken and provided by the concerned government agencies and instrumentalities are appropriate and compliant to the STCW Convention, as amended. (Section 2)
• DOTC, through the MARINA shall likewise review existing laws, rules and regulations, and undertake appropriate action to recommend to Congress the enactment of appropriate measures to revise or amend any and all existing laws, whenever warranted, to comply with and implement STCW Convention, as amended. (Section 2)
- Transfer of Functions from MTC and TESDA (Section 3):
• The functions of the existing Maritime Training Council (MTC) created under Letter of Instructions No. 1404 (1984) and the function of the Technical Education and Skills Development Authority (TESDA) to issue the Certificate of Competency for Ratings by virtue of Executive Order No. 242 (s. 2000) shall be transferred to the DOTC, through the MARINA. (Section 3)
• The records, equipment, facilities, rights, and other assets and personnel of MTC and TESDA related to the transferred functions are hereby transferred to the DOTC, through the MARINA. (Section 3)
- Cooperation from Other Government Agencies (Section 4):
• All departments, agencies, bureaus, offices, including Government-Owned or Controlled Corporations (GOCCs) are hereby directed to render full assistance and cooperation to the DOTC, through the MARINA, as may be necessary and appropriate in the performance of its functions. (Section 4)
- Funding and Personnel (Section 5):
• The amount necessary to carry out the implementation of this Executive Order shall be chargeable against such funds as may be identified by the Office of the President and the DOTC. (Section 5)
• The creation of additional plantilla positions and hiring of additional personnel to carry out the functions enumerated therein shall be authorized in coordination with the Department of Budget and Management (DBM). (Section 5)
• Thereafter, appropriations for the STCW implementation shall be included in the budget of the DOTC, through the MARINA. (Section 5)
- Implementing Rules and Regulations (Section 6):
• The DOTC, through the MARINA, shall, within thirty (30) days from the effectivity of this Executive Order, promulgate rules and regulations necessary to ensure the effective implementation of this Executive Order. (Section 6)
- Repealing Clause (Section 7):
• Letter of Instruction No. 1404 (1984) and Executive Order No. 242 (s. 2000) are hereby repealed. (Section 7)
• All other orders, rules, regulations and issuances, or parts thereof, which are inconsistent with this Executive Order are hereby repealed or modified accordingly. (Section 7)
- Transitory Provision (Section 8):
• The MTC and TESDA shall continue to discharge their respective functions within thirty (30) days from effectivity of this Executive Order or until such time that the DOTC, through the MARINA, shall have fully established procedures relative to the transfer and assumption of functions stated herein. (Section 8)
- Separability Clause (Section 9):
• If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. (Section 9)
- Effectivity (Section 10):
• This Executive Order shall take effect fifteen (15) days after its publication in a newspaper of general circulation. (Section 10)