[ Act No. 3426, December 09, 1927 ]
AN ACT TO PROVIDE FOR MARINE EXAMINATIONS AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:
Section 1. Section eleven hundred and eighty-four of the Administrative Code as amended by Acts Numbered Twenty-eight hundred and fifty-two and Thirty-one hundred and seventy-seven is hereby further amended to read as follows:
"Section 1184. Organization of the Board of Marine Examiners.-There shall be maintained in the Bureau of Customs at Manila an Office of Marine Examiners which shall be occupied and used by the Boards of Marine Examiners for Deck Officers and the Board of Examiners for Engineer Officers. The former shall consist of three master mariners one of whom may be of the Government service, and the latter of three chief engineers, one of whom may be of the Government service. The members of the two boards above mentioned shall be appointed by the Secretary of Finance at the recommendation of the Insular Collector of Customs, within not more than one month before each call and shall automatically cease upon submission of their certified report, under oath, of the result of the examination. The Insular Collector of Customs shall appoint, with the approval of the Secretary of Finance, an officer or employee of the Bureau of Customs to act as Secretary of the Boards of Marine Examiners. It shall be the duty of the Secretary to record, take charge of, and keep all proceedings, documents, and other papers of the Boards of Marine Examiners, to pass upon application for marine examinations and to perform such other duties as the Secretary of Finance may prescribe in connection with marine examinations other than as a marine examiner."
Section 2. Section eleven hundred eighty-five of the Administrative Code as amended by Act Numbered Thirty-one hundred and seventy-seven is hereby further amended to read as follows:
"Section 1185. Functions of the Boards.-It shall be the duty of said Boards of Marine Examiners to conduct marine examinations of persons applying for certificates as deck or engineer officers under the provisions hereof, to impose such corrective measures in connection with such examinations as may be necessary, and to certify under oath the successful candidates in such examinations for certificate as master, mate, marine engineer, motor engineer, or patron, as the case may be."
Section 3. Section eleven hundred eighty-nine of the Administrative Code is hereby amended to read as follows:
"Section 1189. Examination into moral and technical qualifications of applicants.-Except as otherwise specially provided, an applicant for a marine certificate shall be required to undergo a technical examination on the subjects hereinafter stated. To obtain a certificate he must show a proficiency in the subjects upon which he is examined and shall answer correctly at least seventy-five per cent of the questions propounded to him. It shall be the duty of the Boards of Marine Examiners to make a thorough inquiry into the character of the applicant and to consider the evidence he presents in support of his application and such other relevant evidence as the Boards shall deem proper. In this connection the Boards may consider the statement, written or oral, of any person cognizant of the qualifications of the applicant, and may, in its discretion, require the production of the ships' journals and logbooks for inspection.
"The Boards of Examiners for decks officers in examining an applicant for a certificate as master or mate shall inquire into his character and habits, his knowledge of seamanship and navigation in its various branches, his capacity and skill in the loading and unloading of ships, and in handling and stowing freight, and all other knowledge which the Boards believe he should possess in order to properly perform his duties as master or mate.
"An applicant for the certificate as patron in the major coastwise trade shall prove to the satisfaction of the Board that he possesses the knowledge necessary for navigating in all the Philippine seas.
"An applicant for certificate as patron in the limited coastwise trade shall be required to show to the Board that he possesses practical knowledge for navigating on the limited waters for which he requests a certificate.
"An applicant for admission to the examination as patron for harbor, bay, lake, and river shall produce to the Board evidence, satisfactory to it showing that he possesses the knowledge necessary for navigating in the harbor, bay, lake, and river for which he seeks a certificate.
"The Board of Examiners for engineer officers in examining an applicant for a certificate as marine engineer shall inquire into his theoretical and practical knowledge of the operation and repair of all classes of marine machinery; also into his practical experience, character and habits, and the Board may, in its discretion, make such practical tests and examination of the applicant as it may deem necessary to demonstrate his fitness for the position for which he seeks a certificate.
"The Board in examining an applicant for certificate as motor engineer shall inquire into his theoretical and practical knowledge in the operation and repair of internal combustion engines, his practical experience, character, and habits as the Board may believe that he should possess in order to properly perform his duties as such motor engineer.
"The examinations shall be theoretical and practical for masters, mates, marine engineers, motor engineers, and major patrons, and practical only for minor patrons, bay, river and lake patrons, and bay, river and lake motor engineers. The theoretical examinations shall be made in writing. Practical examinations may be made orally. There shall be an extensive permanent schedule of subjects prepared for each certificate, which shall not be modified or extended within six months immediately before the holding of such examination. The examination papers shall not be signed and the authors thereof shall be identified by means of slips enclosed in envelopes which shall not be opened until after the ratings have been given. In order to determine the general average of each candidate such oral examination as in the opinion of the Boards may be necessary shall be conducted in the presence of all the members of the corresponding board, but no rating above twenty per cent shall be given to any oral examination. The schedule and regulations by which marine examinations are to be governed shall be promulgated by the Secretary of Finance, and for this purpose he shall from time to time as may be necessary and convenient appoint a committee to study, revise, and prepare such schedule and regulations. There shall be held in the Port of Manila yearly marine examinations in the months of January and July."
Section 4. Section eleven hundred ninety of the Administrative Code is hereby amended to read as follows:
"Section 1190. Reservation in favor of American officers.-The holder of an unexpired license as master, mate, or engineer of any ocean issued under the laws of the United States shall be entitled to obtain a certificate of the same grade in the Philippine Islands without being subject to the requirements hereinabove specified other than the physical examination and the payment of the required fees."
Section 5. Section eleven hundred and ninety-one of the Administrative Code is hereby amended to read as follows:
"Section 1191. Qualifications required of candidates for master, mate, and patron.-Besides the physical examination and other evidence relative to habits and character herein required, candidates for master, mate, and patron, shall have the following qualifications:
"(a) Master: An applicant for a certificate as master shall be not less than twenty-five years of age at the time of filing his application, and shall produce to the Board evidence, satisfactory to it, showing that he has served, on a seagoing vessel in the capacity of first mate with a certificate as such for at least two years, one year of which shall be on vessels of five hundred gross tons or over.
"(b) First mate: An applicant for a certificate as first mate shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of second mate, with a certificate as such, for at least one year.
"(c) Second mate: An applicant for certificate as second mate shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of third mate, with a certificate as such, for at least one year.
"(d) Third mate: An applicant for a certificate as third mate shall be not less than nineteen years of age and shall produce a certificate of graduation from the Philippine Nautical School or from any other officially recognized nautical school after having completed the second year high school or its equivalent, and shall further be required to present to the Board evidence, satisfactory to it, showing that he has served as an apprentice mate, at least eighteen months in a seagoing sailing vessel, or at least twenty-four months in a seagoing steam or motor vessel. Major patrons who on the approval of this Act were acting as masters on vessels of two hundred tons or over may apply for examination for a third mate's certificate after two years of such service: Provided, That apprentice mates who are actually navigating as such on or prior to the approval of this Act shall be required to present to the Board evidence, satisfactory to it, showing that they have successfully passed the second year high school or its equivalent in any recognized school, and that they have shipped or acted as agregado or piloto for at least two years on a seagoing vessel.
"(c) Patron: In order to be admitted to examination for patron in the major coastwise trade, the applicant shall be at least twenty-five years of age and shall produce to the Board a certificate, satisfactory to it, showing that he has passed the intermediate school or its equivalent in an officially recognized school and that he has navigated in the major coastwise trade as boatswain, quartermaster, sailor, or apprentice mate on a seagoing vessel navigating in the Philippine coastwise trade of not less than two hundred fifty tons gross for a period of at least five years, or that he has navigated as patron or mate in the coastwise trade with a certificate of minor patron for at least three years.
"An applicant for admission to the examination for patron in the minor coastwise trade shall be not less than twenty-three years of age and shall produce to the Board evidence, satisfactory to it, showing that he has passed the intermediate school or its equivalent in an officially recognized school and that he has navigated on a seagoing vessel of thirty gross tons or over for a period of not less than five years as boatswain or quartermaster or sailor.
"An applicant for admission to the examination as patron for harbor, bay, lake and river shall be at least twenty- three years of age, must know how to read and write English or Spanish, and shall produce to the Board evidence, satisfactory to it, showing that he has navigated on board of a vessel or launch of three tons or over for a period of not less than five years as quartermaster or sailor."
Section 6. Section eleven hundred ninety-two of the Administrative Code is hereby amended to read as follows:
"Section 1192. Qualifications required of candidates for the certificate as engineer.-Besides the physical examination to and other evidence relative to moral qualifications herein required, candidates for marine and motor engineers shall have the following qualifications:
"Marine engineers:
"(a) Chief engineer: An applicant for certificate as chief engineer shall be not less than twenty-five years of age at the time of filing his application and shall be required to produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of second engineer, with a certificate as such, for at least two years.
"(b) Second engineer: An applicant for certificate as second engineer shall be required to produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of third engineer, with a certificate as such for at least one year.
"(c) Third engineer: An applicant for certificate as third engineer shall be required to produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of fourth engineer, with a certificate as such, for at least one year.
"(d) Fourth engineer: An applicant for certificate as fourth engineer shall be at least nineteen years of age at the time of filing his applications and shall produce to the Board evidence, satisfactory to it, showing that he has passed the second year high school course or its equivalent, or has graduated from an officially recognized marine engineers' school and that he has served at least six months on a seagoing motor vessel and eighteen months on a seagoing steam vessel as apprentice engineer, machinist, or oiler, after having served two years in a marine shop as apprentice or fitter (operario): Provided, That apprentice marine engineers who are actually navigating as such on or prior to the approval of this Act, are required to present to the Board evidence, satisfactory to it, showing that they have passed the primary school or its equivalent in an officially recognized school, and that they have served on steam launches or vessels as agregado, oiler or fireman for at least two years and have worked for two years in a machine shop as operative and they must be at least nineteen years of age.
"Motor engineers:
"(a) Chief motor engineer: An applicant for certificate as chief motor engineer shall not be less than twenty- five years of age at the time of filing his application and shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of second motor engineer with a certificate as such for at least two years.
"(b) Second motor engineer: An applicant for certificate as second motor engineer shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of third motor engineer with a certificate as such for at least one year.
"(c) Third motor engineer: An applicant for certificate as third motor engineer shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of fourth motor engineer with a certificate as such for at least one year.
"(d) Bay, river and lake motor engineer: An applicant for certificate as bay, river and lake motor engineer must be at least nineteen years of age, must know how to read and write Spanish or English and shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing motor vessel in the capacity of oiler, machinist or apprentice motor engineer for at least two years after having worked as apprentice mechanic or fitter in a marine shop for at least one year."
Section 7. An additional section to be known as section eleven hundred ninety-two and one-half is hereby inserted in the Administrative Code to read as follows:
"Section 1192 1/2. Admission fees.-Applicants for marines examinations must pay the following admission fees: For master, chief marine engineer and chief motor engineer, fifteen pesos.
"For first mates, second marine and motor engineers and major patrons, ten pesos.
"For mates, third and fourth marine and motor engineers and minor patrons, seven pesos and fifty centavos.
"For river, bay and lake patrons and motor engineers, five pesos."
Section 8. Section eleven hundred ninety-three of the Administrative Code is hereby amended to read as follows:
"Section 1193. Certification of applicant.-If the Boards of Marine Examiners shall find that the experience, habits and character of an applicant are such as to warrant the belief that he can safely be entrusted with the duties and responsibilities of the position for which he makes application, and that the applicant has in other respects complied with the requirements hereof, it shall so certify and thereupon issue the appropriate certificate."
Section 9. Section eleven hundred and ninety-four of the Administrative Code is hereby amended to read as follows:
"Section 1194.ℒαwρhi৷ Issuance of certificates.-(a) Candidates for mate and master having passed the requisite examination shall be entitled to have the proper certificate issued to them which will entitle them to navigate in any ocean.
"(b) Candidates for patron in the major coastwise trade having passed the requisite examination shall be entitled to have the proper certificates issued to them authorizing them to navigate in the Philippine coastwise trade.
"(c) Candidates for patron in the minor coastwise trade having passed the requisite examination shall be entitled to have the proper certificates issued to them which shall authorize them to navigate upon the seas, harbors, bays, rivers, or lakes for which they have shown proficiency and a thorough practical knowledge.
"(d) Candidates for marine engineers having passed the requisite examinations shall be entitled to have the proper certificates issued to them which shall authorize them to navigate as such engineers on vessels of any tonnage propelled by any kind of machinery.
"(e) Candidates for motor engineers having passed the requisite examinations shall be entitled to have the proper certificate issued to them which shall authorize them to act as such motor engineers on vessels of any tonnage propelled by internal combustion engines."
Section 10. Section eleven hundred and ninety-five of the Administrative Code is hereby amended to read as follows:
"Section 1195. Form of certificate.-The several certificates herein provided for shall be issued in the form of diplomas by the chairman of the respective Boards and shall be signed by him and countersigned by the Secretary of Finance, and shall entitle the holders thereof to navigate in accordance with the authority contained in them and shall not be suspended nor revoked except as hereinafter provided."
Section 11. Section eleven hundred and ninety-six of the Administrative Code is hereby amended to read as follows:
"Section 1196. Physical examination of holder of certificate.-Once in every five years all holders of marine certificates shall be required to undergo a physical examination to determine their fitness to continue navigating. Any person who upon such examination is found to be physically unfit for the service shall thereafter be disqualified from engaging therein."
Section 12. Section eleven hundred and ninety-eight of the Administrative Code is hereby amended to read as follows:
"Section 1198. Marine investigation and suspension or revocation of marine certificates.-For the purpose of investigating marine accidents or of charges preferred and filed with the Insular Collector of Customs, or with the Collector of Customs of any subport, there shall be maintained in the Bureau of Customs at Manila a Board of Marine Inquiry to consist of five members to wit: The Surveyor of the Port as chairman, one master mariner and one chief engineer of the Division of Hulls and Boiler, Bureau of Customs, and one master mariner and one chief engineer of the Philippine merchant marine who shall not belong to the qualified Civil Service and who shall be appointed by the Secretary of Finance. The two latter members shall receive a per diem of twenty pesos for each day of not less than seven hours of service rendered in connection with such marine investigation. Such Board shall have the power to investigate into the professional conduct of marine officers, giving the party affected an opportunity to be heard in his defense, and the decision of the Insular Collector of Customs based upon the findings and recommendations of the Board, by which any marine certificate may be suspended or cancelled on account of misconduct, intemperate habits, or inattention to duty, shall be appealable to the Department Head whose decision shall be final in all cases. Rules and regulations governing the procedure of the marine investigation and the proceedings of the Board shall be promulgated by the Secretary of Finance."
Section 13. Section twelve hundred of the Administrative Code is hereby amended to read as follows:
"Section 1200. Fees for issuance of certificates.-Any person to whom any certificate as master, mate, patron, or engineer is issued, upon examination or by way of exchange, shall pay:
"For a certificate as master, fifty pesos.
"First, second and third mates, and major patron, thirty pesos.
"Chief marine engineer, fifty pesos.
"Second, third and fourth marine engineer, thirty pesos.
"Chief motor engineer, forty pesos.
"Second, third and fourth motor engineer, twenty-five pesos.
"Bay, river and lake motor engineer and patrons, twenty pesos."
Section 14. Section twelve hundred and one of the administrative Code as amended by Act Numbered Twenty-eight hundred and fifty-two, is hereby further amended to read as follows:
"Section 1201. Compensation of members of the Boards of Marine Examiners.-The members of the Boards of Marine Examiners shall receive a per diem of twenty pesos for each day of not less than seven hours of service rendered in connection with the work and duties as such marine examiners."
Section 15. All acts or parts of any acts inconsistent herewith, are hereby repealed.
Section 16. This Act shall take effect upon the approval.
Approved, December 9, 1927.
The Lawphil Project - Arellano Law Foundation
