Regulating The Practice Of The Marine Profession In The Philippines

Case Overview and Summary

Summary of Presidential Decree No. 97 - Philippine Merchant Marine Officers Law

Objectives 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.