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Regulating The Practice Of The Marine Profession In The Philippines
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Regulating The Practice Of The Marine Profession In The Philippines
Presidential Decree No. 97
January 13, 1973
Case Overview and Summary
Summary of Presidential Decree No. 97 - Philippine Merchant Marine Officers LawObjectives and Coverage (Section 3):
- Governs the examination, registration, and issuance of licenses for certified marine officers.
- Supervises, controls, and regulates the practice of the marine profession in the Philippines.
Definitions (Section 2):
- Defines terms such as "merchant marine vessel", "marine officer", "deck officer", "engine officer", "marine engineer", "motor engineer", "master", and "examiner".
Governing Bodies (Section 4, 5):
- Creates the Board of Examiners for Deck Officers and the Board of Examiners for Engine Officers.
- Outlines the composition, duties, and qualifications of the Board members (Sections 5, 6).
Examination and Licensing Process (Sections 7-12):
- Board members serve 3-year terms and receive compensation based on examinations conducted and licenses issued (Section 7).
- Examinations are conducted twice a year, in Manila and alternately in Cebu or Iloilo (Section 8).
- Passing score is a general weighted average of 75% or above, with no rating below 60% in any subject (Section 9).
- Successful candidates register with the Board and pay prescribed fees for examination and licensing (Sections 10-12).
License Classifications (Sections 13, 14):
- Deck officer licenses are classified based on competency levels for commanding and navigating vessels of different tonnages and trade routes (Section 13).
- Engine officer licenses are classified based on competency levels for serving as marine or motor engineers on vessels of different tonnages and propulsion systems (Section 14).
Admission Requirements (Sections 15-17):
- Outlines the general requirements for examination, such as being a male Philippine citizen, age, physical and mental fitness, and good moral character (Section 15).
- Specifies the service requirements and qualifications for different levels of deck officers (Section 16) and engine officers (Section 17).
Administrative Investigations and Disciplinary Actions (Sections 18-22):
- The Boards have the authority to investigate conditions affecting the marine profession, maintain professional standards, and conduct proceedings against erring practitioners (Section 18).
- Outlines the grounds for proceedings against a certified marine officer, such as criminal convictions, immoral conduct, insanity, fraud, negligence, addiction, and violations of the Code of Ethics (Section 19).
- Respondents have the right to legal representation, a speedy and public hearing, and to confront and cross-examine witnesses (Section 20).
- Decisions of the Board can be appealed to the President of the Philippines (Section 21).
- Reinstatement of revoked licenses may be ordered after 5 years of exemplary conduct (Section 22).
Limitations and Transitional Provisions (Section 23):
- Existing licenses issued prior to this law retain their conditions, but subsequent upgrades must follow the new provisions.
- Provides transitional provisions for students already enrolled in relevant courses and holders of certain licenses issued prior to this law.
Repealing Clause and Effectivity (Sections 24, 25):
- Repeals or modifies inconsistent laws, orders, or regulations.
- The Decree takes effect immediately upon issuance.
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merchant marine officers
deck officers
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Law
Regulating The Practice Of The Marine Profession In The Philippines
Presidential Decree No. 97
•January 13, 1973
MALACAÑANGM a n i l a
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...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
marine profession
merchant marine officers
deck officers
engine officers
licensing
examination
registration
qualifications
board of examiners
fees
licenses
competency levels
admission requirements
service requirements
administrative investigations
disciplinary actions
reinstatement
limitations
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