MEMORANDUM CIRCULAR NO.

163

TO : All Shipping Companies, Manning Agencies,

Seafarers and all Concerned

SUBJECT : REVISED RULES ON THE ISSUANCE OF A

SEAFARER’S IDENTIFICATION AND RECORD
BOOK (SIRB)

Pursuant to Section 12 Paragraph (j) of Executive Order No. 125-A and in

conformity with the applicable provisions of the Seafarer’s Identity Documents
Convention, 1958, ILO Convention No. 108), these revised guidelines on the issuance of
Seafarer’s Identification and Record Book (SIRB) are hereby adopted:

I. OBJECTIVES

1. To establish a system for the efficient and effective provision of an

identification document for Filipino seafarers;

2. To maintain a complete and continuing record of a Filipino seafarer’s

services on board ships;

3. To prescribe the policies and minimum requirements in the issuance of

SIRB; and

4. To adopt the provisions of ILO Convention No. 108.

II. COVERAGE

These rules shall apply to the following persons;

1. Every seafarer as defined herein and who is engaged in any capacity on

board a Philippine-flagged ship 35 GT and above;

2. Any Filipino seafarer who is engaged in any capacity on board any

foreign-flagged ship; and

3. Any person who is pursuing in a Philippine maritime institution, a

seafaring course which requires a certificate of competency.
 The following are exempted from the application of these rules:

1. Personnel on board warships/ naval vessels/ naval auxiliaries; and

2. Personnel on board ships below 35 GT.

In the case of personnel on board government-owned/ operated ships not engaged

in commercial activity, the SIRB shall be optional.

III: DEFINITION OF TERMS

1. Administration- refers to the Maritime Industry Authority (MARINA);

2. Seafarer’s Identification and Record Book (SIRB) – refers to a

document issued by the Administration to all Filipino seafarers and others
including cadets who render services on board ships;

3. Seafarers – refer to ship officers and ratings manning ships, including

offshore workers, service providers and fishermen as herein defined;

4. Ship Officers – refer to the duly certificated and/or licensed deck, engine
and radio officers;

5. Radio Officers – refer to persons holding an appropriate license issued by

the concerned agency pursuant to existing Radio Regulations;

6. Ratings – refer to crew other than officers;

7. Offshore Workers – refer to the personnel deployed in oil rigs/ offshore

drilling/ dredging/ production platform/ auxiliaries, floating power barges/
seismic operations and other similar contrivance;

8. Service Providers – refer to the personnel on board commercial ships

who provide services other than those that relate to navigation, marine
engineering, radio telecommunications, and other technical jobs;

9. Fishermen – refer to the personnel on board fishing vessels, participating

in the preparation/maintenance of fishing gears, equipment/devices, fish
catching, loading and processing of catch;

10. Cadets – refer to the student learners (deck or engine) performing on-the-
job training on board ships.
IV. GENERAL PROVISIONS

1. It shall be mandatory for all those covered under Regulation II of these

Rules to secure a Seafarer’s Identification and Record Book (SIRB).

2. All maritime enterprises operating Philippine-flagged ships shall ensure

that seafarers on board such ships possess SIRB.

3. Filipino seafarers employed in foreign-flagged ships shall be required to

secure and possess a valid SIRB pursuant to the provisions of these rules,
notwithstanding the fact that an equivalent identity document has been
issued to them by the flag state.

4. The SIRB shall remain in the seafarer’s possession at all times.

5. Applicant for the issuance of SIRB shall be personally filed by the

applicant. However, a seafarer who is on board may be allowed to file his
application of SIRB through a duly authorized representative.

6. The administration may upon the request of maritime schools / institutions

situated outside Metro Manila, dispatch a MARINA-SIRB Mobile Team
for on-site processing.

V. SPECIFIC PROVISSIONS:

1. SIRB shall be categorized as follows;

1.1 SIRB for shipboard employment; or

1.2 SIRB for shipboard training.

Provide that for shipboard employment, the following limitations shall be

so indicated in the SIRB, when necessary:
- Fishermen
- Bay and River
- Offshore

2. SIRB issued for shipboard apprenticeship/ training shall not be used for
employment purposes.
3. The SIRB shall be valid for five (5) years except in the following cases:

3.1 Where the application involves a seafarer who is still onboard, the
validity of the SIRB shall be upon to a maximum of one (1) year;
or

3.2 When the SIRB issued is for shipboard apprenticeship/ training,

the validity of the SIRB shall be 18 months.

4. As a general rule, an applicant for SIRB shall have the following

qualifications:

4.1 At least a high school graduate, provided that an applicant who has
not completed secondary education may be issued SIRB if he is:

4.1.1 a service provider; or

4.1.2 a seafarer already on board at the time these regulations
become effective; or
4.1.3 a seafarer who has rendered at least six months sea service.

4.2 At least 18 years old at the time of application, except for an

engine/deck cadet applying for the issuance of SIRB for shipboard
apprenticeship training who must be at least 16 years old at the
time of application;

4.3 Must have undertaken Basic Safety Course, provided, that

domestic fishermen are exempted from this basic requirement.

5. The following documents shall be submitted upon application for the

issuance of SIRB:

5.1 New Application

5.1.1 Birth Certificate duly authenticated/issued by the National

Statistics Office (NSO) or Local Civil Registrar. In the
absence of a Birth Certificate, passport or an affidavit
executed by two (2) disinterested persons, attesting to the
circumstances of the birth of the applicant (name, date,
place, etc.) shall suffice.

5.1.2 NBI Clearance (for travel abroad or local employment, as

the case may be). Police and Barangay clearances can be
accepted in lieu of NBI clearance for domestic fishermen.
5.1.3 Basic Safety Course Certificate;

5.1.4 Two (2) latest colored head photographs with white

background, 3.5 cm x 4.5 cm, uncapped, signed by the
applicant at the back. For ship officers and graduates of
BSMT/AMT/BSM/AME, the appropriate uniform and
corresponding shoulder board must be worn. Other
applicants should wear shirts with collar;

5.1.5 Documentary stamps;

5.1.6 In addition to the foregoing documentary requirements, the

following shall be submitted:

.1 For licensed ship officers:

Authenticated valid PRC NTC license; or

PRC/NTC ID

.2 For graduates of BSMT/AMT/BSMarE/AME and

Seafarers (ratings) Course:

Photocopy of Diploma with Special Order (S.O.)/

Certification, Authentication and Verification
(CAV); or

Photocopy of Transcript of Records with

S.O/C.A.V.

The original copy of foregoing documents shall be

presented for verification.

.3 For High School Graduates:

High School Diploma/Form 137 and CAV; or

Incontrovertible proof that the applicant has

completed secondary education.

.4 For Engine/Deck Cadets:

Letter-request from the school and Transcript of

Records.

.5 For applicants who have not completed Secondary

education (Service Providers and Fishermen):
 Any of the following:

.5.1 Certificate of specialized Training skill;

.5.2 Letter-request from the contracting/shipping

company;

.5.3 Signed Employment Contract/Certificate of

Employment;

.5.4 Artist Record Book (POEA);

.5.5 Fisherman’s License (BFAR);

.5.6 Attestation of relevant skill or employment

by the head of the local government unit.

5.2 Revalidation of SIRB]

5.2.2 NBI clearance;

5.2.3 Valid National Assessment Center (NAC) assessed

Basic Safety Course Certificate or STCW
Certificate;

5.2.4 One (1) colored photograph.

5.3 Replacement of SIRB

5.3.1 Filled-up SIRB

.1 Previously issued SIRB;

.2 Valid NAC assessed Basic Safety Course or

STCW certificate;

.3 PRC or NTC authenticated copy of license;

.4 NBI Clearance;

.5 Two (2) latest colored head photographs

with white background, 3.5 cm x 4.5 cm,
uncapped, signed by the applicant at the
back. For ship officers and graduates of
BSMT/AMT/BSMarE/AME, the
appropriate uniform and corresponding
 shoulder board must be worn. Other
applicants should wear shirts with collar;

.6 Documentary stamps.

5.3.2 For lost/damaged SIRB*

.1 Damaged SIRB

.2 Valid NAC assessed Basic Safety Course or

STCW Certificate, as applicable

.3 Authenticated copy of PRC/NTC License

.4 NBI Clearance, as appropriate

.5 Photographs described under 5.3.3.3

.6 Service Record from last employer;

.7 Duly notarized Affidavit of Loss.

5.3.3 On Board Application

.1 Letter request from the company/agency;

.2 Photocopy of SIRB;

.3 Two (2) latest colored head photographs

with white background, 3.5 cm x 4.5 cm,
uncapped, signed by the applicant at the
back. For ship officers and graduates of
BSMT/AMT/BSMarE/AME, the
appropriate uniform and corresponding
shoulder board must be worn. Other
applicants should wear shirts with collar;
.4 Documentary stamps.

* For SIRB Lost/Damaged abroad

1. Letter request from the shipping/ manning agency accompanied by:
a. Certified true copy of POEA approved employment contract
b. Crewlist duly signed by the Master and Confirmation by the Master of
the SIRB loss/damage
c. Affidavit of Loss by seafarer
d. Photographs described under 5.3.3.3
 6. For recently disembarked crew, company clearance is acceptable, in lieu
of NBI clearance provided that the application for
revalidation/replacement is filed within ten (10) days upon arrival.

7. An application for expedite processing shall be entertained upon

submission of a letter-request from the hiring company/manning
agency/applicant.

8. Foreign nationals who finished the three (3) year theoretical requirements
of a marine course recognized by the commission on Higher Education
(CHED) may be issued SIRB for the purpose of shipboard
apprenticeship/training.

9. The SIRB to be issued by the Administration shall include the following

information:

9.1 Name and title of the issuing officer;

9.2 Date and Place of Issue;

9.3 Particulars concerning the seafarer:

9.3.1 Full name (first and last name, if applicable);

9.3.2 Date and Place of Birth;

9.3.3 Nationality;

9.3.4 Physical characteristics;

9.3.5 Photograph;

9.3.6 Signature.

VI. RESPONSIBILITIES OF SHIPPING COMPANIES/ MANNING

AGENCIES/ MARITIME INSTITUTIONS/ SEAFARERS

1. All shipping companies/ manning agencies covered by this Circular shall

ensure:

a. that all Filipino seafarers on board Philippine-flagged ships shall

hold valid SIRB at all times, appropriate to their position;

b. that all Filipino seafarers deployed in foreign-flagged ships shall

likewise hold valid SIRB at all times, notwithstanding that an
 equivalent identity document has been issued to them by the flag
state;

c. that all seafarers must be in possession of SIRB, the validity period

of which sufficient to cover his/her contact onboard;

d. the genuineness and authenticity of all documents and supporting

papers of every seafarer where the application is endorsed by the
shipping company/manning agency; and

e. that the seafarers shall be engaged/ shall provide services with due
regard to the applicable limitations specified in the SIRB.

2. All seafarers covered by this Circular shall:

a. secure a valid SIRB before going on board/ joining a ship.

b. secure a valid SIRB, the validity of which is sufficient to cover

his/her contract.

c. Submit authentic documents and/ or papers in support of his

application for the issuance of SIRB.

3. For on-site processing of SIRB, all maritime schools/ institutions shall

ensure the genuineness and authenticity of all documents and supporting
papers submitted by the applicant cadet/ apprentice.

VII. FEES AND CHARGES

Type of Application All Seafarers Fishermen

Overseas Domestic
1. New/ Replacement P 550.00 P300.00 P 200.00
2. Expedite Processing 770.00 420.00 320.00
3. Revalidation 330.00 200.00 100.00
4. Expedite Processing 450.00 280.00 150.00
(Revalidation)
5. On Board 770.00 420.00 320.00
VIII. ADMINISTRATIVE SANCTIONS

1. A seafarer’s SIRB may be suspended/revoked after due process for any of

the following grounds:

1.1 Suspension of SIRB:

1.1.1 Intemperate habits such as drunkenness tending to cause

immediate loss or destruction or serious damage to the ship
or tending to endanger the life of any person organic to or
passenger of such ship;

1.1.2 Insubordination or direct assault;

1.1.3 Violations of the terms and conditions of the contract

without just cause;

1.1.4 Final conviction by a court or competent jurisdiction of a

crime involving moral turpitude;

1.1.5 Repeated violations of any of the provisions of this circular.

1.2 Revocation of SIRB:

1.2.1 Incompetence, negligence or incapacity in the performance

of duty;

1.2.2 Assault with dangerous weapon;

1.2.3 Malicious destruction of ships property;

1.2.4 Misconduct resulting in the loss of life and/or serious

injury;

1.2.5 Molestation of passenger;

1.2.6 Murder or attempted murder;

1.2.7 Mutiny;

1.2.8 Possession, use, sale or association with prohibited drugs,

including marijuana;

1.2.9 Smuggling of aliens or goods including firearms and

ammunition.
IX. ADMINISTRATIVE FINES AND/OR PENALTIES

1. A shipping company/manning agency shall be liable for the following

acts:

a. For deploying a seafarer without SIRB on board ship;

First Offense P 10,000.00

Second offense 15,000.00

Third and Succeeding Offenses 20,000.00

b. For deploying a seafarer on board with SIRB, the validity of which

is shorter than his/her contract;

First Offense P 10,000.00

Second offense 15,000.00

Third and Succeeding Offenses 20,000.00

c. For allowing a seafarer to continue serving on board with expired

SIRB;

First Offense P 10,000.00

Second offense 15,000.00

Third and Succeeding Offenses 20,000.00

d. For allowing the seafarer to use his/her SIRB for any purpose other
than what is therein specified;

First Offense P 10,000.00

Second offense 15,000.00

Third and Succeeding Offenses 20,000.00

e. For requesting or recommending issuance of SIRB for and/or in

behalf of a seafarer whose documents nave been tampered by the
shipping company/manning agency or any of their employees or
liaison officers/messengers, or where said
 company/agency/employee or liaison officer has participated in
securing the tampered documents from any source;

First Infraction P 25,000.00

P 50,000.00 and recommendation to the

Philippine Overseas Employment Administration
Second Infraction (POEA) or proper government agency for the
suspension of Company’s license for one (1)
month.

P 100,000.00 and recommendation to the

Third Infraction Philippine Overseas Employment Administration
(POEA) or proper government agency for the
cancellation and/or revocation of the company’s
license.

f. In addition, responsible officials/employees of the

company/agency or employee/liaison officer/messenger shall be
subject to criminal prosecution under the Revised Penal Code;

2. A seafarer shall be liable for the following acts:

a. For going on board ship / joining ship without SIRB or with

expired SIRB:

First Offense P 2,000.00

Second offense 3,000.00

Third and Succeeding Offenses 5,000.00

b. Forgoing on board ship/ joining ship with SIRB whose validity

period is shorter than his / her contract:

First Offense P 1,000.00

Second offense 1,500.00

Third and Succeeding Offenses 2,500.00

 c. For submitting any false statement or misrepresentation in this
application, fraudulent or tampered certificates or documents
including holding fake/tampered SIRBs;

First Offense Second and

Succeeding Offense
Master Mariner P 7,000.00 P 14,000.00
Chief Engineer 6,000.00 12,000.00
Chief Mate/2nd Engineer 5,000.00 10,000.00
2nd Mate/3rd Engr./Radio 4,000.00 8,000.00
Officer/Master
Electrician
3rd Mate/4th Engineer 3,000.00 6,000.00
Ratings/Others 2,000.00 4,000.00

X. REPEALING CLAUSE

MARINA Memorandum Circular No. 97 and any circular/regulations or any parts

thereof inconsistent herewith are hereby deemed repealed.

XI. SEPARABILITY CLAUSE

Should any part of these Rules be declared null and void, the same shall not affect
the validity of the remaining part.

XII. EFFECTIVITY

This Memorandum Circular shall take effect fifteen (15) days after its publication
once in a newspaper of general circulation in the Philippines.

Manila, Philippines.

BY AUTHORITY OF THE BOARD:

ATTY. OSCAR M. SEVILLA

Administrator
 SECRETARY’S CERTIFICATION

This is to certify that Memorandum Circular No.163 has been approved

during the 156th meeting of the Maritime Industry Authority Board on 15 March 2001.

ATTY. GLORIA V. BANAS

Acting Corporate Board Secretary

Date of Publication 24 March 2001, Malaya Newspaper

Date of Submission of UP Law Center 29 March 2001