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VOLUME VIII NO.5 ISSN 1908-0972
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SEPTEMBER - OCTOBER 2013
MARINO WORLD
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Publisher’s Note
EDITORIAL BOARD Publisher
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Content Critique
Legal Counsel
Commo. Dante Jimenez
Eva Tan
Jhon Henson Ong
Atty. Manuel Obedoza
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F R Chowdhury
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FAITH BEYOND OUR 8th Yes, another year notched in our continuing struggle with realities of commercial publishing, of mass media survival. Truly, we ebb and rise as the tides of mercantile maritime itself. Heck, no surprises; just withering challenges. But Marino World was conceived not to be a child of plenty but as a shepherd for truth. We were inspired then, as we are now, to be a nexus of industry data plied and played by interests that clash, that match, that leverage: for profit and people, for commerce and community. For governments and global governance. We are lucid enough not to aspire to referee, no sir. But we are pesky enough to mirror events, reflect trends,
twinkle thoughts on people, policy and perspective. Not on the crosshair of a nation nor a consortium but of global pragmatics and realpolitiks. Now conflict begins as we have to cross roads on what is fair. We hold primordial concern for the seafarers, arguably more for Filipino seafarers. But this is not to say others don’t; worst, shouldn’t. We keep faith that global bodies (agencies and associations) are primed for the common good. Even how cumbersome, dragging, it is to agree to disagree, negotiate, debate and claw on what is fair for the goose and the gander. Yeah, due process often is overdue; but brute force is a worst alternative.
On this “internationalism” that Marino World shall continue to coach itself. While we highlight things Philippines, we look beyond our shores to internationalize mindsets, globalize competence … march with the best practices. Seafaring is a natural to us, water being the bond that keeps our 7,000 islands together. It is time we sail on bigger bancas, on larger ships, on greater roles fueled by competence and leadership. It is time to excel within us. And before nations, the faith of Marino World beyond our 8th.
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Government
ANGKLA in CONGRESS
Feature Mobile RNL Opinion
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Sabay Soundings Maritime Admin Manning
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Qui単ones at Wallem Offshore
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Offshore Boldest Other Content EMSA: Moment of Truth?
VMA - E to E
MAAP Engages PLE
The Sinking of Aquinas
Buchanan Views
ICS twits IMO
Content
ABOUT THE COVER Layout by: Jhon Henson Ong
Practically a non-factor in Government policies for decades, the maritime sector may now ply better with an advocate in the Lower House, ANGKLA and its nominee, Rep. Jesulito Manalo. MARINO WORLD
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Cover Story Manalo Family
ON MARITIME STORMS
ANGKLA IN
man to understand the wherefores of our champion.
CONGRESS
In the veins. Cong. Manalo hails from Ternate, Cavite; youngest child of Capt. Illuminado and a public school teacher. Elder Manalo is a graduate of the Philippine Nautical School (now, Philippine Merchant Marine Academy). Nearby Sangley US Naval base may be an influence but seafaring runs deep in the family bloodline: an uncle is a sea captain, a sister in management and cousins are sailors. (May be why he was never perturbed by twits during the campaign he is not maritime but a lawyer. But Jess was reared into it; he knows he is “maritime,” by kinship blood, by studied choice.)
From interviews by Lyn Bacani
Rep. Manalo in a Congressional hearing.
“Parang prophetic. Siguro there is a plan that one day I’ll be a lawyer and I’ll be representing the maritime industry. It’s here; Now (I am) speaking for the maritime sector. So it should be an inspiration for maritime officers to tell their kids you can be other professionals but your heart should be for the maritime.” Says the Honorable Jesulito “Jess” A. Manalo of the Angkla: Ang Partido ng mga Pilipinong Marino, while nostalgic by the photo of his father in a Captain’s uniform.
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“(T)he shipping industry should have a vision. And the role of lawmaker is to look at their vision. Put it together and craft a law so that the direction and the mission of this industry can become a reality. That’s where I want to make an impact.”
Indeed historic, the first victory of the maritime sector in partisan politics; trying as it did with various leadership and aggrupations, with technical and pragmatic advocacy; with its all but always falling short of the vote. But no longer, with Angkla.
Bold words for the first nominee of Angkla which polled about 400,000 votes in the May 2013 party-list elections, earning a seat in the Lower House of the bicameral Philippine Congress.
Manalo organized Angkla in 2011 to protect seafarers’ rights and institute reforms. Maybe, time was ripe. Maybe, it is destiny, the Iginuhit ng tadhana folk belief. Whatever, that’s putting the cart before the horse. Let us first know the
“I thought I was born one,” because Jess was worried sick with the family when his father goes to sea on foreboding weather. He has internalized threats of storms and gales and accidents from these. Foundation. His formative years were at the Don Bosco Technical Institute. He finished pre-law as a government scholar at UP-Diliman, then a law degree from the Law School of Ateneo De Manila U, graduating with the top percentile.
He worked as litigator, commercial and maritime lawyer for more than 30 years, exposing him to issues and problems that beset the maritime and seafaring industry. In 1984, he formed the Manalo Puno Gozos Mendoza and Figura Law Offices. The Partnership has evolved as one of the finest, now known as Manalo Jocson and Enriquez Law Offices. Earlier, Jess served in government; more recently, Director and Corporate Secretary of the Bases Conversion and Development Authority (BCDA), and as a private sector representative in the Road Board. Jess is active in professional and sociocivic groups as the Legal Forum and the Bar Association. He was a former Commissioner of Bar Discipline- IBP, and was a Director and VP of the Licensing Executives Society. Atty. Manalo is acknowledged in religious communities like Ligayang Panginoon and the Brotherhood of Christian Businessmen and Professionals. Jess is a Trustee at the University of Iloilo and the University of Pangasinan; law lecturer at the MBA-JD Program of the De La Salle-F.E.U. Institute of Law. In 2007, he founded the Outlooke Pointe Foundation (OPF), to institute social
change and uplift the image of the Filipino worker through art projects and initiatives. OPF has art and photography contests to depict ordinary Filipinos. OPF uses arts and music as instruments to uplift; for a nation without culture would not prosper. Tall order. “Lawmaking is not just filing bills. It also entails revision, review and amendments, “Rep. Manalo explains why he is for study and analysis of maritime laws to align these with realities. He says the shipping industry is based on: treaties, conventions, and agreements and must align ourselves with those as part and parcel of the laws of the land. Any inconsistency must be revisited, amended or revised, created or deleted. “I attended the hearing at the Committee on Higher Education and I got their attention that the alignment of industry in the school should be studied and the budget of the CHED does not provide adequate funds for research and development for the maritime. How can we compete if we’re just closing schools without a program of putting up new schools that will be capable of graduating qualified students,” opines Cong. Manalo.
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ANGKLA IN CONGRESS
He observes the current budget is 3.9 billion but there is no fund for the maritime sector for development. He says that’s not enough. They have to produce now budget for better facilities. Organize a PPP that will allow the private sector to contribute. Cong. Manalo believes for the first time in Congress, somebody speaks for maritime stakeholders. Without Angkla, things will just pass Or by-passed. Ambassador. Rep. Manalo serves like an Ambassador for the maritime. He shared with DOTC Secretary Abaya that we get from mining about US$4.6billion, but averages only 3-billion in the past three years. Yet mining degrades the environment, depletes our natural resources and patrimony. He requested Abaya to advise President Aquino to stop mining as the maritime industry can earn much more. Our seafaring is competent human resource globally competitive. Of the $24-billion remitted to the national economy by the 10 million OFWs, 20% is from seafarers who number only at 5%. Maritime is known but not in Congress. A colleague even asked Manalo what a seaman is. Thus, Manalo is prepared to talk his lungs out, if needed, to each one of the members of the 16th Congress. Yes, plus the Senators.
COVER STORY
Administration.
•
Cong. Manalo filed HB 719 for an enabling law for EO 75 to institutionalize MARINA as the sole oversight authority on implementing the 1978 Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW).
•
A single regulatory agency is necessary to streamline and impose uniformed policies and standards. This is also an effective regulation of the human complement of the seaborne trade. MARINA is enabled to trim bureaucratic tapes, simplify procedures and be where the buck stops in being compliant with the STCW Convention. All maritime-related functions of all other agencies are transferred to MARINA.
•
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Other bills. As we go to print, Cong. Manalo has filed these: •
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HB719, establishing MARINA as the Single Maritime Administration for the enforcement of Agreements/ Conventions on maritime global professionals; Pending, Committee on Transportation; HB2643, Anti-Ambulance Chasing Act of 2013, amending PD 442 (the Labor Code) further providing protection to Seafarers and other workers, Pending, Committee on Labor and Employment;
•
HB2780, establishing the Mindanao Merchant Marine Academy, providing for a Governing Board, defining duties and responsibilities. Pending, Committee on Higher and Technical Education. (With Mindanao Congressmen as coauthors.); HR226, resolution directing the Committee on Transportation to conduct an Inquiry into the recent Cebu sea tragedy to ensure safety on vessels in Philippine waters and the compliance on international safety standards. Pending, Committee on Rules; HR314, resolution urging DOLE and DOTC to adopt policies and programs to broaden opportunities for women in the maritime Industry. Pending, Committee on Women and Gender Equality; HR347, resolution urging PRC,CHED, TESDA, NTC,DOH, and all agencies mandated by EO 75, to cooperate and support MARINA as the Single Maritime Administration in the forthcoming audit by the European Maritime Safety Agency (EMSA) in October 2013. Pending First Reading (Filed 2013-09-27); and Co-authored HB2464 Journal #20, requiring Inclusion of Basic Financial Management and Entrepreneurship as separate subjects in the Elementary and High School curricula. Pending, Committee on Basic Education and Culture.
Cong. Manalo is the Vice-Chairman of the Committee on Labor and Employment; a member of four standing Committees: Health, Higher and Technical Education, Transportation and Foreign Affairs. He has been secretly approached by peers to assist them given his expertise as a trial and corporate lawyer. Education, training. He is open to a maritime high school, introductory exposure to be ratings and realize if the sea is a career. This should be supplemented with industry studies for career development to captains, not just simply ratings or able seamen. He had talks with a development bank for loans to training institutes for better facilities like simulators and other highticket capex. Domestic. “The only way we could improve the domestic shipping is to allow the entry of foreign capital. He adds grants of incentives (i.e., tax holidays) to direct investments, build up of our Shipping Registry, moving faster with MARINA as the single administration for things maritime. Disasters happen because we keep investigating without remedial action. An admiralty court is very important specialization, Manalo stresses. Rights, welfare. Manalo focuses on health, education, livelihood, productivity. He is creating a program of tie-ups of returning/retiring seafarers with OWWA, PhilHealth, SSS and other agencies. He says, “Let’s take a look” on the separation of seafarers fund from OWWA. He says we must look at the spirit of the law, not just at the letters. If the total is substantial enough for OFWs, then Manalo may opt out of OWWA. Manalo abhors political grandstanding. He wants facts, examined and analyzed for concrete and feasible action. Never only as motherhood statements.
Manalo with IMO officials.
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The Angkla nominee is concerned also on the safety and rights of our seafarers; like those four Filipinos jailed in
- Administrator Mejia Angkla opens at the port.
Argentina. To date, we still do not know whether they are culpable or not. He has discussed these with Foreign Affairs Secretary Alberto Romulo and POEA Chief Hans Leo Cacdac. On PDAF. If the President decides to abolish it, Rep. Manalo will follow because he keeps faith the President means well. “I’m a first timer. I don’t lose anything,” he quips. There are many ways to raise 10 to 20 million not allowed in the PDAF. With good preparation, with clear data and ability to articulate, you can do more, he explains. Extension. Angkla has inaugurated its extension office at PPA GAD Center, Bonifacio Drive, Port Area, Manila last September 26th. This coincided with a symposium on STCW where Rep. Manalo delivered the keynote address. It is open weekdays, with Capt. Ronald Enrile, Angkla sector representative, holding regular hours. Rep. Manalo is on call, ready for any urgent matter. The extension office is on a Memorandum of Agreement (MoA) between Cong. Manalo and PPA GM Juan Sta. Ana for three years, renewable. Support.
Angkla has beaten the odds but just the “berthing” pangs. It must sail on, regardless of weather; be it tramping at the moment till the precision of Conference voyages for the seafarers and mercantile maritime stakeholders. And the economies of the world, both aging and emerging. Jess Manalo reflects the optimism: “There’s a tremendous opportunity in becoming a maritime professional. It must be inculcated with young early on.” He points the job is borderless; proof is the ASEAN integration that’s going to happen by 2015 even if not much people can see nor believe now. Congress is critically studying the implications of open borders. By then, no visa requirements for entry nor exit. One can take a job or conduct business in Malaysia or Indonesia, Vietnam or Thailand, all the ASEAN communities. In fact, Filipino taipans are landing beachheads now in Southeast Asia: Pangilinan with potable water, the Ayalas in high-end developments. And when the waters of the region no longer separate nations; instead, are bridges to each culture and economy, what shall link us together? Vessels and seafarers. With Angkla as beacon for full steam ahead!
All told, Jess Manalo is just one man even with a mission --- he seeks the help of everyone. MARINO WORLD
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FEATURE
Clinics for Overseas Workers and the Makati Chamber of Commerce; Secretary of Club Intramuros Golf Course. RNL has recently accepted a partner, Tony Ilagan – a businessman and fellow Rotarian. VP Ilagan visualizes RNL-Quezon City in 2014, RNL-Alabang in 2015 with another mobile clinic in two years. “With our energetic President… the greatest golfer of Barangay Palanan… with his leadership, we know we can achieve our goal to be one of the top players in the industry. With your support and cooperation we hope we could reach our goal,” says Ilagan.
Renovates and Expands
RNL UPBEAT @ 20 by Coca H. Strobar
State-of-the-art Primelab.
O
n its 20th year, RNL Medical and Diagnostic Center zooms with its fully-renovated premises, modern equipment and complimented by a brand-new mobile clinic.
Development Authority.
The posh celebrations catered to its loyal clients, family and full staff, last September 27 which was within the National Maritime Week. Venue was at the 2nd floor, the Olympic, at 65 Sen. Gil Puyat Avenue of Makati City.
Valued Clients.
Established in 1993, RNL is accredited by the Department of Health, Philippine Regulation Commission, Philippine Overseas Employment Agency, Department of Labor and employment, Maritime Industry Authority and Technical Education and Skills
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On top, RNL is certified by internationally recognized quality management system by ISO 9001:2008 under SGS.
RNL serves a variety of clients like manning, shipmanagement and shipping companies, landbased recruitment agencies, hotels, resorts and restaurants, malls, sports clubs, embassies, manufacturing companies and television network. Indeed, President Ricardo V. Loyola presented certificates of appreciation to leading clients, a peak point in the anniversary celebrations.
Loyola thanked the clients for their trust and support. He also renewed commitment to quality medical and diagnostic services.
Team RNL is composed of physicians, nurses, psychometrician, radiology technician, medical technologist, drug test analyst, cardiologist, audiometrician, dermatologist, EENT, gastrornterologist, nephrologist, ophthalmologist, orthopedic, urologist, pulmonologist, surgeon, ob-gyne, dentist, endoctrinologist. Modernization. The PhP5-million RNL Primelab mobile clinic starts operation in October 1, transporting doctors with fully functional medical facilities. It is a highly-specialized mobile medical vehicle for outreach, rural healthcare in remote regions, to RNL clients unable to travel to its clinic in Makati.
President Ricardo Loyola
Primelab provides pre-employment medical examinations, complete laboratory services, dental examinations, psychological evaluation and examinations, digital x-ray, drug testing and electrocardiogram (ECG). RNL also has modern blood chemistry test equipment, modest medical and dental facilities, digital x-ray and laboratory using compact and computerized equipment. Waiting is cozy, in air-conditioned comfort seated on well-appointed furnishings. For clients examined in the morning, PEME results are out in the afternoon. RNL pool of accredited Fellows and Diplomats are from the Manila Adventist Medical Center and Medical Center Manila.
Management and Staff. A seafarer himself, Loyola’s success story is an inspiration to his peers. From a radio officer onboard international vessels, Rick leveled up to becoming a well-off businessman.
RNL Medical and Diagnostic Center offers a complete pre-employment medical examinations (PEME), has a standing Secondary Laboratory, Drug Testing, Ultrasound and Vaccination. Medical Examinations include: • • • • • • • • • • • • • • • •
Complete Physical Examination Complete Blood Count (CBC) Blood typing, Chest X-Ray Urinalysis Fecalysis Dental Examination ECG Psychometric Evaluation Ishihara Test Visual Test VDRL Hepa B Test AIDS Test Audiometry Ultrasound Blood Chemistry Drug Test & Pregnancy Test
Season promo. RNL is now offering an Early Christmas Promo for blood chemistry which include fasting blood sugar, cholesterol, triglycerides, BUA, BUN, SGPT, SGOT; and blood chemistry with ECG.
Rick is president of Vestland Maritime, hiring competent Filipino seafarers for more than a decade. He is also a Director of Buffalo Wings and Things, operating in Makati City. Dyed-in-the wool Rotarian, Rick is a Trustee of the Association of Medical
Services.
Now, a greater push.
More details is simply a call at 844-4690 or email, ml_medical2006@yahoo.com, or visit website: www.rnlmedicalclinic. com.
Opinion
A digest of articles by the Author originally published in the late 90’s. Marino World finds his points still relevant to these days; also, thematic with our Anniversary Issue that should look back to orient properly on the concerns of the present. A keen reader may mine nuggets of wisdom for policy application or pragmatic understanding of divergent views owing to different interests. One should feel the aches and aims of the maritime industry from a perspective of national reform. And vision. Well, of a wishlist. Years of frustration may occasionally seep in --- bullying to stop bullying. Ironic, indeed.
SOUNDING LEAD Filipinos for the Philippines. Filipino Seafarers are assertive. Or are not, Our Marine Officers finally appreciate assertiveness contributes to leadership. Filipinos became seafarers for lack of a better choice. It is about time to be assertive, both seafarers themselves and the Philippine government. Our Flag registry in the last two decades nose-dived, unpopular in the era of Bareboat Chartering. Government offered Ship Management but even this did not reach first base.
of ownership. And here are possibilities from our soundings: •
•
Panama became the biggest (in tonnage) yet she has no seafarers. How, why did this happened? Like Panama,. Liberia has no seafarers yet it is second largest Registry. Perhaps, because both use simple assertiveness. The Philippines is successful as “Manning Capital” of the world. It is about time we go to the next level, the “Flag Registry Capital” of the world. The Preamble of the draft Magna Karta for Filipino Seafarers in 2002 states equal pay for equal work for Filipino Seafarers vis-a-vis other nationals. A European Captain receives US$25,000/ month; so should a Filipino Captain be similarly paid. But for a technicality on jurisdiction, the Magna Karta was frozen. It may be revived but meaningless for Filipinos Seafarers on board ships of another Flag State. Out of the box. Our “soundings” are only for Filipino Seafarers aboard Philippine Flag vessels for us to have full jurisdiction, regardless
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by Capt. Reynold M. Sabay
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Ship owners will consider Philippine Flag Registry if mandated our seafarers board board only vessels flying Philippine Flag. The growth our Registry will be beyond imagination (Ship owners using our seafarers will probably look for a perfected law on Philippine International Ship Registry- PISR). Our bureaucracy should perfect the PISR law (the way Panama and Liberia did). Presidential aspirants may carry PISR as a platform. Its success is almost ensured by the way Panama, Liberia and others demonstrated ISR is for real, doable and a boost to economy, more so to a maritime country like the Philippines. The Philippines will migrate from Maritime Manpower to Maritime Power. Obviously, maritime activities and economy will grow leaps and bounds. We have the pool: experienced marine and technical superintendents, ship and crew managers, shipping executives. Of course, the seafarers. We have so much potential being an archipelago and a maritime country. Our resources abound island to island; our seafarers the choice of the world.
The time to act is within the next five years (while the rest are groggy with the world’s economic crises). Now, while others are just starting to train their nationals to be seafarers, marine professionals and maritime experts.
Second “soundings”. In the 80’s, the Philippine government had criminalized Filipino Seafarers joining the ITF, even if ITF-Philippines is the biggest and most powerful ITF Affiliate. A number who joined ITF never sailed again, without due process of law. The POEA pegged a standard rate, assuring compliance with the minimum requirements of ILO Conventions. Joining ITF then was a criminal offense, with blacklisting from hiring agencies and the POEA itself. Government fears Filipinos will be by-passed by ship owners hunting for bottom wages. Such fear did not happen even with ITF’s very strong presence here. On the contrary, ITF members enjoyed the higher ITF rates; proving wages will not compel ship owners to go somewhere else. Perhaps, the competence. Or lack of it will. Filipino Seafarers, for most parts, do not receive salaries and benefits equal to other nationals. Yet some receive more than the ITF-TCCC rates. Others remain at POEA rate. Equal pay for equal work does not apply among bluewater Filipino Seafarers, more so with domestic ones. Our Seafarers are getting more expensive, demand increases by the day. This fact despite two Philippine Unions affiliated with ITF. Therefore, ship owners will continue to hire Filipinos at rates acceptable to all like ship owners, seafarers, the union and the country. Perhaps it is about time our government start to think that Filipino Seafarers
are not cheap commodities that they deserve only POEA rates for salaries and wages. It will not hurt the industry nor the country anymore if all seagoing Filipino Seafarers are paid equally under a minimum standard pay – the ITFTCCC rate. It is quite hurting that it is our own government that degrades its own workforce by pegging a price on them lower that what the standard pay employers are willing to pay. When the government come to terms with certain realities and finally learned a paradigm shift, from lowering the dignity of Filipino Seafarers by insisting on a very low minimum pay to assert the dignity of every Filipino Seafarer by increasing his worth and value equal to that of the ITF-TCCC rate, then finally the Filipino Seafarers have come a long way. Pro-active. The Philippines may focus on better opportunities for growth of the maritime industry. It should realize mistakes on certain policies and programs, i.e. the Bareboat Chartering schemes. Let us benefit from ‘best practices’ on Flag Registry policies and procedures. After standardizing the seafarers’ wages, opening doors for PISR --- it is a wonder why the Philippines cannot see these. The STCW Convention of 1978, as amended, is NOT just on seafaring but also on Flag State Administration. Why do we justify our actions as requirements of foreign employers or Flag State? Why don’t we say our action is what the Philippine Administration requires? But how can we require as a Flag State Administration if we do not have ships in our Registry? Do we know the duties of the Philippines as a Flag State? It is the duty of individual flag state to ensure compliance with the rules it lays down for the exercise of the freedom of navigation in the high seas. According to the letters of the international law, Flag States must take responsibility for the safe operations of vessels on the high seas registered and bearing their name. Simply put, the Philippines as a Flag State must be responsible in
ensuring that ships bearing its name as registry are safely operated in all aspects, technically, administratively and socially. How many ships in the high seas bear the name of the Philippines as its registry? 167 out of more than 50,000 globally! Definitely we know how many Filipino Seafarers (some 300,000) are sailing the high seas on board ships bearing the names of foreign Flag States. Simple logic dictates therefore, that the other foreign Flag States are responsible over the ships bearing their names regardless of the nationalities of the crew on board. Poor Filipino Seafarers having to be subjected to the requirements of every Flag State that ever exist on earth that he may possibly board in the pursuit of the practice of their careers on the high seas. The Filipino Seafarers at the end of the day struggle to survive the rigors of the requirements of the Philippines as a government that has the power to rule, to become certificated and competent only to find out that he is still subject to comply with the different requirements of whatever Flag State he will have to serve. The reality, following the letters and spirit of international law, the Philippines is NOT the Flag State of every Filipino Seafarer sailing the high seas on board ships bearing the names of other countries. Poor Filipino Seafarers. How about making the Philippines as the Flag State of every Filipino Seafarer sailing the high seas?
International Law prescribed it clearly, “Generally speaking it belongs to every sovereign to decide to whom he will accord the right to fly his flag and to prescribe the rules governing such grants”. The Philippines as a sovereign country therefore should enjoy this inherent right of individual States to unilaterally fix the conditions for the grant of nationality to merchant ships. It is therefore nightmarish to imagine that the Philippines miserably failed to recognize its potential as a Flag State of many ships sailing the high seas. We have the required manpower already competent to man the ships as well as the offices of shipping companies. The conditions are perfect to open up the doors for the Philippine Open Registry. MARINA is briskly and quietly working on the Draft Omnibus Merchant Marine Act of 2009. Chapter 4, Part 1, Section 2 paragraph (c), if passed, permanently closes the doors for foreign flag vessels to transfer registry to the Philippines. Whatever wisdom there is in this provision which is on the process of becoming a law of the Philippines, our soundings are making very bad and dirty readings. The draft must be revisited, reviewed and subject to analysis by concerned stakeholders and citizens of the Philippines. The potential of the Philippines as Ship Registry of the World One of the most contentious issues in ship registry is the establishment of the genuine link between the flag state MARINO WORLD
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We are a maritime country, we are an archipelago, we are going to be the best Ship Registry of the World. and the vessel under its registry. The argument and insistence on crewing by nationals of the Flag State was actually a better alternative method of ensuring a genuine link between the vessel and the country of her registration. In these circumstances, there was minimal need to establish the extent to which international law required a substantive link between a vessel and her flag State. The Philippines then as the biggest supplier of qualified and competent seafarers ranging from Masters, Chief Marine Engineer Officers to the lowest ratings is in a perfect situation to establish itself as the Ship Registry of the World. What is then keeping the Philippines from doing so? Our maritime manpower is our greatest strength and we are getting better everyday. The young Filipino officers are becoming ambitious and passionate in achieving the four stripes as soon as possible. The environment in the regime of maritime education and training is at its height with all the technologies and simulators available for every Filipino Officers’ disposal. Our Masters and Chief Marine Engineer Officers are excellent candidates for Ship and/ or Technical Superintendents. We are slowly but surely gaining experiences in crew, ship, and technical management. We are a maritime country, we are an archipelago, we are going to be the best Ship Registry of the World. The only thing that is left to be done is to do it! Prayer Here is a prayer for some good things to happen in the Philippines, at least in the maritime sector involving shipping and seafaring. May God the Almighty bless the Philippines with grace and wisdom to know and understand that it can do itself a miracle in setting the Philippines as the Ship Registry of the World. May God the Almighty bless our leaders and politicians with grace and wisdom to see the light selflessly that Philippines as the best Ship Registry of the World is a political will waiting to happen. May God the Almighty bless the next President of the Philippines with grace and wisdom to know and understand and do the maritime sector justice by making
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the Philippines as the Ship Registry of the World. All it takes is passing a realistic but effective and efficient Ship Registry Law. Amen. Perfecting the Philippine International Ship Registry Law If indeed the Philippines is resolved in maximizing its resources to graduate from maritime manpower to maritime power, one of the best alternatives is to craft a perfected law on Philippine International Ship Registry taking into considerations the best and proven practices by other Flag States that have demonstrated tremendous success. Panama is one case to look into which this column have taken soundings and resulted to some clear readings. Panama is known to every Filipino Seafarer, much more so to every manning agency in the country. The national law of Panama’s open registry is embodied in Law No. 52 of 2008 on the National Merchant Marine and Law No. 55 of 2008. These laws originated from Law No. 8 of 1925 of the Republic of Panama. The Panama law prescribed that vessels and floating structures of any size, age or type may be registered under Panama Flag. Ownership of such vessels or floating structures may either be by a Panamanian or foreign national, individual or corporation or any legal entity. A foreign ship owner may incorporate a company in Panama within 2 to 4 days, or even better, purchase a company “off-the-shelf” and this is covered under Law No. 32 of 1927. No annual returns are required. Liberia is another flag registry known to every Filipino Seafarer. The Liberian Maritime Law covers the registration of vessels. Self-propelled or sailing vessels of 20 net tons and over engaged in trade exclusively between ports of Liberia; vessels over 500 net tons engaged in foreign trade; and pleasure boats of 24 meters or over maybe registered. A vessel under Liberian registry must be owned by a Liberian citizen or national, although a waiver is allowed for registration by a foreign maritime entity.
What’s in it for the Philippines? The initial cost of registration under Liberia is USD 2,500.00 or USD 0.13 per NRT not to exceed USD 3,900.00. The cost in Panama is about USD 3,000.00 for first registration with incentives or discounts for multiple registrations by a single owner. There are more than 50,000 seagoing ships around the world. It will not hurt the Philippines to be ambitious and aim for at least 10% of the market for registration by providing better deals like USD 2,000.00 for initial registration on top of assurance for qualified and competent Filipino Seafarers. That would be USD 10M immediately, and that is just for starters. Better still, the Philippines may assert that Filipino Seafarers are for Philippine Flag only. The Philippines may require a ship management company in the Philippines to represent the foreign owners and this will definitely raise a lot of economic activities in the Philippines. This will open up job opportunities for Filipino Masters and Chief Marine Engineer Officers as Marine and/or Technical Superintendents. The opportunities will be abundant and the positive impact on the economy is pronounced. To do or not to do! Countries without seafarers to boast of have done it successfully. The case of Panama is real as well as the case of Liberia. Bahamas did it and they are now enjoying the results. Barbados joined the bandwagon, even Bermuda, Cayman Islands, Cyprus was a success story, Gibraltar is into it, our neighbor Hongkong is into it, Isle of Man, Jamaica, Madeira, St Vincent and the Grenadines, and Vanuatu. Some of these are practically unknown to the Philippines but they enjoy their flag registration law. What is keeping a country of the world’s biggest supplier of qualified and competent seafarers like the Philippines from doing it? OMG!!!!!!
Feature
Seafarers as Social Advocates
MORALES CAPTAINS INTEGRATION by Coca H. Strobar
Veteran mariner and accomplished businessman Capt. Jess Morales has called on associates to formalize a group of seafarers who will take action on corporate social responsibilities, so to speak. The marine captain wishes to expand to a wider reach internal civic and charitable policies within his various companies. Regular members will be seafarers now in land-based entrepreneurship, translating business acumen into civic reforms, into teaching others to settle lives with better comfort. Capt. Morales has been championing “pay-backs,” the gesture of sharing with the less fortunate one’s success and resources. A more recent example was when Capt. Morales initiated assistance to a government agency that caught fire destroying important facilities. Instead of waiting for the usual government delay, Capt. Morales started voluntary shares to accelerate repairs and return to regular hours services to seafarers.
“ISP” is not radical, but sustained in its efforts; not belligerent but uncompromising for the benefits of seafarers. - Capt. Jess Morales
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He also directly manages a foundation for wards in his native Camarines Norte, occasionally of Metro Manila and elsewhere. Predictably, he has been honored with awards by peers and maritime institutions. Yet, Captain Morales keeps a sheltered life, none of garish urban pleasures but bonded with wife, Lidwina and five children (two daughters, three sons). The couple can well afford luxuries but have continued to develop by their needs rather than wants. No wonder Capt. Morales stresses the new group may create an impact in the industry but never will grandstand on public rallies nor media clips of acerbic tones. The soft-spoken Morales believes more in sincere dialogues than in heated debates, in understanding points of
references rather than dominating vested interest. His plan is to accept well-meaning seafarers who are now in land-based ventures. Associates members may be formal groups within the industry like unions, professional groups, management and owners, manning agencies, schools and training centers, the bunch. The prime mover of the new group has logged 20 years of global seafaring, 23 years in OFW employment and business. He owns and manages 15 established firms employing over 6,000 in maritime, real estate and services, to include a newspaper of national circulation. Morales is president of the Phil Merchant Marine Academy Alumni Association and Director of Phil Japan Manning and Consultative Council. He has earned major national recognition from the Overseas Workers Welfare Administration (OWWA) and Professional Regulation Commission (PRC). Morales founded the Gaudencio C. Morales Foundation, committed in reaching out to the less fortunate through education, livelihood, community development, scholarship grants, donations and relief operations.
New organization objectives: Morales shared with Marino World his vision, viz: •
Unity and Brotherhood among shore based Filipino seafarers nationwide.
•
Provide assistance to seafarers to reintegrate in the mainstream of society either in business or employment.
•
Represent a distinct and important sector in the seafaring industry like
International and National Forum or Conferences where the Seafarers are not adequately represented. •
Direct involvement in the development of quality seafarers in maritime education, training and assessment.
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Proper representation in discussions with concerned Government Agencies in the formulation and implementation of policies and Laws that concerns Filipino Seafarer’s interests and the Seafaring Industry.
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Explore business and employment opportunities for Filipino Seafarers in all Maritime related business and activities such as ship building, ship owning, ship repair, etc.
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Attend to other concerns of Filipino Seafarers (health, housing, retirement, etc.).
Morales proposes the name, Integrated Seafarers of the Philippines. Again, Morales clarifies “ISP” is not radical, but sustained in its efforts; not belligerent but uncompromising for the benefits of seafarers. With the surprising positive respond to the proposed ISP, there is temptation to rush things and give in to cutting corners. But Capt. Morales assures real consultations shall be conducted by the founding group, reach out to all concerned shore based seafarers. More so, those in the Visayas and Mindanao, including alumni associations of maritime schools. By November and onwards these should have been accomplished setting the scrutiny for the composition of the interim board.
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Education
1.
MRM Pilot Class with Capt. Joe Thuillier and Capt. Belal Ahmed.
WSP MARITIME TRAINING Responding to the industry’s clamor for enhanced Management Training for the Filipino Officers, the WSP Maritime Training Center (WSPMTC) offers Maritime Resource Management courses or MRM. The MRM is recognized by maritime stakeholders as an important full course for seafarers to reduce accidents onboard ships. The shipping industry has identified that most accidents onboard are caused by human error. The latter is not of technical shortfall but more of management and leadership issues. The WSPMTC’s MRM Course was funded by the International Maritime Training Trust Grant established by the International Maritime Employers’ Council (IMEC) to ensure the training satisfies the best industry practice worldwide. The ISF Maritime Services of Mumbai, India, a team of professionals with vast and varied experiences in management, operations and engineering was contracted by WSP Maritime Training
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Center to develop its Maritime Resource Management Course.
The course. Maritime Resource Management (MRM) is a three-day course for a total 24 hours of comprehensive lectures, case studies, and inter-active group activities. It has modules on: • • • • • • • • • •
Communications Multicultural awareness Assertiveness, Challenge/Response Management and Leadership Decision Making Team Building/Conflict Management Understanding Self Contingency and Crisis Management Stress and Fatigue Management; and Time Management and Delegation.
Mr. Kapoor of ISF had trained seven WSPMTC instructors in a MRM Training the Trainers Course held on August 12-16
with the MRM pilot class for Western Shipping Southeast Asia Inc and Pal Maritime Corporation officers was held last September 2 to 4 at the WSPMTC facilities. The second successful MRM Course was held on September 25-27 at the WSPMTC Facilities. The WSPMTC’s Maritime Resource Management Course is recommended to a batch of 12 or maximum of 16 Trainees, for effective results. The Course is built up with activities and case studies and discussions with the realization to bring about the needed changes in the Trainees’ Attitude, Management, Cultural and Situational Awareness. The Course also has simulation activity where the Trainees are placed in a virtual situation of a ship undergoing problem and how they should properly respond. After the Course, the Trainees would understand the concepts of MRM and can apply the same when they go back on the ship. MRM Introductory fee per head is Php10,000 only. Local IMEC members may avail at a further discounted price of Php7,500.
CENTER OFFERS MRM WSPMTC also offers the following MARINA-accredited courses:
WSPMTC can also arrange the following In-house trainings:
ECDIS 2012
RNRPA
SATPRO
SDSDSAT
Consolidated MARPOL
PADAMS HAZMAT
SSO
MEFA
Collision Avoidance
Chart Corrections Analysis
COLREG
RAM with Root Cause
GTF
ISM
For further information on the above trainings, WSP Maritime Training Center is at 1802 Prestige Tower F. Ortigas Jr. Avenue at the posh Ortigas Center in Pasig City. Please contact Ms. Mariel Josine David at Tel No. 6553016 Cell No. +639173702449 E-mail: mariel.david@ westshipmanila.com
MRM Class with WSPMTC Pres Manny David.
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MANNING
QUIÑONES AT WALLEM by Eva Tan
Wallem Maritime Services (WMSI) taps a man known in the industry for leadership and technical competence: Capt. Jaime D. Quiñones. WMSI is a crewing operations here since 1970, a department of Wallem Philippines Shipping (WPSI Ship Agency), already a player for six years before incorporation in 1976. It is a Hall of Famer for the Philippine Overseas Employment Administration (POEA). General Manager just September 1st, Quiñones comes with great credentials with major companies in global operations. He has lectured in Cyprus, taught in a State maritime institution. Quiñones was former president of Merchant Marine Academy Alumni Association (PMMAAAI), currently chairman for internal affairs of Masters and Mates (MMAP) and a technical consultant of Maritime Industry Authority (MARINA) involved in adjustments and system reforms. He is now in a whirlwind of internalizing industry data and private policies; talks
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with principals and clients in Singapore, Hong Kong. Then Japan and Greece by year end; in between details of the Philippine operations, inching department by department, persons to people, as he is known to act only in studied objectivity. “With authority lies responsibility. We strike the balance on the job,” a Quiñones favorite guideline. “I’d like to adopt hands on management and open arms policy. You can always come to me, you can discuss with me, I’m willing to support you,” adds the new general manager. But he has priorities: ISM Code, safety management system, plan maintenance system, effective communication and coordination, harmony, teamwork onboard. On differences, one should deal with patience, tact and diplomacy.
Professionalism. Quiñones is passionate on professionalism, even on personal perks. He believes one should not ask the company to give; but always equate outputs and positive
performance, his expectation on people joining Wallem.¬ Patriotism. Quiñones is still on call as technical consultant of MARINA. He did the alignment/calibration of TESDA, alignment QSS against NQSS and was scheduled for PRC but for this Wallem appointment. Assurance. His humanness is reflected on, “You’re not simply workers, you’re also an official ambassador of goodwill of the country. (T) he manner we do things is reflective of being a Filipino. So let’s do what’s best…” And that, “(O)ther nations are now breathing in our neck. I love competition; first is first, second is nobody. While winning is not everything, it is the only thing.”
AIM & PTC
Launch World Class EMBA Maritime Management Program
PTC CEO and Vice Chairman Gerardo A. Borromeo and Prof. Ricardo A. Lim, PhD,
Following this method, program and insurance, ship registration and The Asian Institute of Management participants will diagnose and and discuss classification, and port operations, (AIM), the premiere graduate school Photo shows PTC CEO and Vice Chairman Gerardo A. Borromeo Prof. Ricardo real cases involving different business as well as those in the transportation of business and management in of the Asian Institute Management (right) seals the partnership with a ha functions and use actual business and logistics sectors,ofwho can foresee Asia, in cooperation with Dean Philippine experience to sharpen their analytical a continuing career both on shore, Transmarine Carriers, Inc. (PTC), is September 27, 2013 at AIM. skills. offshore, or/and on board vessels. launching the Executive MBA (EMBA) Executives who wish to develop their Maritime Management Program. competencies in the area of supply chain With the Philippines at the forefront of the maritime industry in terms of This unique industry-academic linkage management will also benefit from the seafarer supply, ship building, and between AIM and PTC intends to program by learning to utilize supply international port operations, AIM champion the advancement of maritime chain models as potential enablers in and PTC hope to offer maritime management education in the cou fulfilling business strategies. professionals with an opportunity to ntry and provide maritime executives share a wide range of experiences within Commencing in April 2014, the EMBA with the opportunity to acquire a solid a single and vibrant industry and remain program will run for 18 months, foundation in the fundamentals of competitive amidst new opportunities combining both online and face to business and general management. and challenges in the global maritime face sessions. As the first management Through real life cases and application, sector. school in Asia to be accredited by the the program provides maritime Association to Advance Collegiate professionals with the skills necessary Schools of Business (AACSB), AIM has Inquiries and interested parties may get for leading, building, and managing in touch with the AIM Executive MBA been stamped with the global standard enterprises in a dynamic global at (632) 975 8674 or 892 4011 local for business school quality within the economy. 2813 / 2815 or send an email to emba. international academic community. maritime@aim.edu for more information The EMBA Maritime Management AIM utilizes the case method of on the program. targets working professionals within learning, based upon the belief that the industry’s various clusters of management is a skill that is best learned ship owning, ship management and experientially through simulations. crewing, ship building, ship financing
(L-R) AIM Center for Development Management Associate Dean Juan Miguel M. Luz and AIM Executive Education and Lifelong Learning Center Associate Dean Grace S. Ugut with PTC’s Corporate Resources Director Philbright L. Ang and Business Development Manager Marcus Leslie R. Suntay during the signing of the Memorandum of Agreement last September 20, 2013.
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THE EMSA AUDIT: BOGEY MAN OR BOGUS THREAT?
Offshore
Boldest Five
GOVT TAPS OIL EXPLORERS
by Ligaya Caban
November this year. Expected extraction is 12,000 barrels of oil per day (bopd) from the current 4,750 bopd. Knee-jerk.
The Philippine Government has recently authorized five energy speculators to comb its waters for petroleum and gas deposits. Given the internal and external volatility of the area, industry observers nicknamed the parties “Boldest Five,” as in a past high-rating television science fiction, Voltex 5. The internal problem is the current nationwide, multi-sectoral private sector outcry against the pork barrel, public funds spent by government officials on primarily personal discretion (and now, widely criticized as anomalous and graft-ridden), snowballing to a peak that could maim the ruling party. External pressures are from neighboring countries laying claims on these vast waters and far-out islands, with all harboring military forces far superior than the Philippines. Ironically, continuous Government propaganda on modernization of the armed forces confirms this archaic status. Most aggressive of claimants is China, already occupying contested sites and building fortifications (on the guise these are shelters for their fishermen). The Philippines has brought the issue to the International Tribunal of the Laws of the Seas (UN’s ITLOS) after being unsupported by its Asean neighbors. The United States (traditional Big Brother of the Philippines) has declared its interest is on keeping open commercial corridors
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in Asian waters, not siding with any claimant (read, whatever treaties or friendship are invoked). PERC 4. The five contracts come from the fourth Philippine Energy Contracting Rounds (PERC 4), consisting of l5 petroleum blocks. A contractor has seven years to sweep and seismic the assigned areas, renewable for another three years. Development phase of their area depends on the results of the explorations. A window. On a global view, offshore energy explorations are buoys for the struggling shipping industry maimed by meltdowns of world economies. Logistics and passengers sectors sunk, pulling newship-building and industries dependent on all these major subsectors of the maritime industry. Ocean exploration is an opportunity window for the maritime industry as pulsar or satellite technology cannot yet substitute for the precision pf seismic technology carried on vessels actually plying prospective areas. Piracy is not a problem as in merchant ships since areas explored are far from landmass and commercial corridors where pirates often lay in ambush. Besides, survey vessels have no cargo nor delivery constrains. Boldest Five.
The five service contractors are: • Otto Energy Ltd. • Planet Gas Pty for Area 1, Cagayan Basin • Consortium of Philex-Petron-PNOC for Area 4, northwest of Palawan • Philodrill Corp for Area 5, northwest of Palawan; and • Loyz Oil Pte for Area 14, east of Palawan.
SCs are awarded by government on the protocols of Presidential Decree No.87 issued in 1972. Of late, national and local governments are at odds on wealthsharing on oil and natural gas, both critical but non-renewable patrimony. Talks are stalled on wealth-sharing, even on the major commitment of the Administration to give autonomy and administrative independence to Bangsamoro homeland of Muslims
in Mindanao which may even face Constitutional scrutiny. Another fly-in-the-ointment is the national audit that claims government shares from the Malampaya natural gas production (a development of SCs) have been used in partisan considerations and private corruption. Thus, there is fear by businessmen of over-reactions to grandstand honesty by demanding unrealistic policies turning anti-business, in essence. Recently, the president of the European Chamber of Commerce in the Philippines has been quoted as saying, “It is not a sin to earn profits.”
This was key to their sentiments in asing for revisions of bid terms of PPP or Privater-Public Partnership. President Aquino announced 22 PPPs but on his fourth year, only three are awarded yet none in operation. Investors are wary the Diogeneslike syndrome may creep into SCs, as it now frustrates better policies in mining, agriculture, power and essential industries where “transparency” covers up for control, and leverage using national goals to advance private interests.
Otto Energy of Australia appears most aggressive as it readily announces a $500, 000 fund for this SC37 (service contract, formerly Area 7) on the Mindoro Basin-Cuyo Platform. “The addition of this new exploration acreage is consistent with our strategy to build an integrated exploration, development and production company focused on Southeast Asia and East Africa,” says Gregor McNab, Otto CEO. On top of Area 37, Otto Energy holds: • 33% of SC 14, Galoc oil fields, northwest of Palawan; • 80% of SC 51, northwest of Leyte; • 33.% of SC 55, southeast of Palawan; and • 79% of SC 69, Camotes Sea between Eastern and Central Visayas. • In a regulatory report to the Australian bourse, Otto declares two production wells (combined at 3,177 meters deep) are completed, doubling daily oil production by
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Manning MARINO WORLD eight years in the journalism industry has shown its enterprising talent that made its way to the Maritime arena. Their craft of factual writing has been done with professionalism and world class editing. I commend the whole editorial staff who have resiliently displayed dedication and integrity that keep Marino World among the top maritime magazines.
As Corporate Policy
CREWCARE PICKS ALL FILIPINO Crew Care renews commitment to provide the world fleets with highly competent and quality seafarers. And this pledge is rock-solid, since Crew Care operated in Year 2000, turn of the millennium. Today, this fast-rising firm mans 25 all-Filipino crew ships of different types. These are not vintage vessels but modern giants like Panamax, Supramax, Handysize and container ships. The vessels come in a variety of registry or Flag States like Liberia, Marshall Island and Cayman Islands which, in turn, demand on Crew Care to maintain a pool of a thousand Filipino seafarers, ready for deployment worldwide. These are not your run-of-the-mill mariners but seafarers who are competent, with certified compliance in accordance
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RADM Adonis B. Donato President / General Manager
with Codes and Conventions, well-trained, professionally disciplined. And Filipinos, icons in blue water skills and positive work attitude. The families of these seafarers are covered with health insurance. This is Corporate Social Responsibility in actual practice, and as a board policy of Crew Care supplemented with medical missions and seminars. Crew Care is active in industry activities. In the recent National Maritime Week celebrations, President Josephine Roldan leads her team at the Fun Run of the Joint Manning Group held at the IMAX area of the Mall of Asia, Pasay City.
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Opinion FOREWORD. The Author believes to keep our export of seafarers and share in other aspects of the maritime industry. Government should review all regulations, systems and procedures. Long-term programs should be on broad consultations with MARINA, Coastguard and public/private stakeholders. He is prepared to contribute core expertise gained from Bangladesh, UK, Gibraltar, the Bahamas and from other countries visited as an IMO Consultant Marino World is privileged to publish his thoughts on the vagaries of the industry. This is an abstract of an exhaustive article, detailed comments on agency functions vis-à-vis world Conventions and best practices. Full text may be arranged with the Author at fazlu.chowdhury@btinternet.com.
F R Chowdhury is a former Director General of Shipping, Bangladesh. He is also an ExDeputy Chief Examiner of UKMCA, Maritime Administrator of Gibraltar and Maritime Adviser to GOP, Kingdom of Bahrain.
Diversity. Shipping is the most international business; ship may be built in Korea, owned by the Japanese, financed by a German bank, insured in England, registered in the Bahamas and managed by a Hong Kong company. The ship may be manned by Indian officers and Filipino ratings. It may be on time charter with the Dutch to carry cargo from Australia to China. Full of diversity, it must operate under internationally-agreed procedures. Functions. Maritime Administration (MA) is Government unit for shipping administration, to include registration of ship, mortgage/lien, compliance of treaties and protocols and certification of seafarers (on training by institutes approved by the Administration). It is similarly as diverse as the business itself. The United Nations cannot take over national Administration due to sovereignty of Member States. For this reason, a ship has to be registered in a Member State where some are strict, others lax. Yet, these differences provide shipowners with choice.
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MARITIME ADMINISTRATION
CANNOT WORK IN ISOLATION Classification societies. States cannot make the survey and certification of the vessel with State full time surveyors. They delegate functions to classification societies referred to as recognized organizations or ROs which have network for survey and inspection major ports. But States remain responsible for compliance; functions may be delegated but not the responsibility. Administrations keep ISM audit and certification to itself to see how well other jobs are taken care of by the classification society (since ISM covers compliance of all requirements). Some Administrations delegate all functions to ROs with mandatory annual inspection in situ around global ports. Such “national” inspections include checking Certificate of Registry, Articles of Agreement (Crew Agreement), Crew Accommodation, Official Log Book and ILO social aspects of the seafarers. Global bodies. Foremost link is the International Maritime Organisation (IMO) of the UN specialised on safety at sea and protection of the marine environment. On seafarers rights, and employeremployee matters, the Administration links with the International Labour Organisation (ILO). For radiotelecommunication, the linkage is with the International Telecommunication Union (ITU).
Standards on health rest with the World Health Organisation (WHO) plus NGOs such as ICS, ISF, IACS, BIMCO, SIGTTO, OCIMF etc. Foreign ministries formalize and often execute treaties and protocols; hence, very important to have a close link with for acceptance, accession or ratification of instruments. Of law. A State is governed its laws, not by international Conventions. Hence, Conventions must be passed in national legislation. Secondary legislation has to be dynamic, keeping pace with international instruments. The Ministry of law can make timely updates. Telecoms. Comes in various names (like Wireless Board, Radio-communication Authority, etc). They issue radio licence, allocate call sign, MMSI number and frequencies. They also examine and issue GMDSS; with MA approval when used on merchant ships, Endorsement is given when with additional knowledge of the Basic Training (STCW), International Code of Signals and Search & Rescue. Radio-telecommunications department also operates coast radio stations (in tandem with maritime administration and Coastguard) to process ships’ radio traffic, medical services and make
meteorological broadcast; and matters on AIS and LRIT. Port authority. Operation and management are with the MA. But it is extremely necessary ports and shipping work together. Port provides facilities sell its services and may be privatised. MA must remain as Government entity to execute laws, treaties and conventions, such as IMO, VTS operators, handling of IMDG cargoes, refuge for ships in distress per SOLAS convention, “Receiver of Wreck,” and specialized functions like ISPS Code for the Government. Inspection of foreign ships under “Port State Control” is not of port authority but of the Administration of the State. Port authority may submit vessel movement so the Administration may plan PSC inspections. Custom house. All “shipping bills” are passed by the Custom House; all imported cargoes are cleared after payment of duty and tax for ships to obtain inward and outward clearance. Coastguard. Primarily a para-military force to provide search and rescue. It will also combat and contain any accidental spillage and damage to the environment. On MA advice, it will enforce the right of intervention beyond its own waters; patrol and protect the sea resources within the EEZone; maintain navigational aids (light house, buoy, beacons etc. Contingency plan. Government must deal with marine emergencies on its water or near coast. Other countries nominate in advance the person to take the unified control (and full resources) to avoid confusion and duplication of response. In the UK, this is the SOSREP (Secretary of State Representative).
Navy and MOD. In other countries, the Navy conducts hydro-graphic survey and prepares charts and nautical publications like tide tables. Quite likely, a meteorological department will be under the MOD which arranges for regular broadcast through the coast stations. These functions are now covered in Chapter V, SOLAS Convention, Health or Port Health. Normally, it has a special wing known as the Port Health Department. MA will have to work with the Port Health Department on these: 1. Checking shipboard health, hygiene and sanitation; Ascertain need for deratting or fumigation (ILO-147 & 164); 2. Issue of Ship’s Sanitation Control or its Exemption Certificate; (International Health Regulations 2005); 3. Issue of Seafarer’s Medical Fitness Certificate; (Set standards for medical test and approve a panel of authorised doctors) – ILO-73, STCW-I/9 and MLC-2006; 4. Approve a panel of marine pharmacist to check and refurbish medical stores on board and issue certificates (ILO-164). Food, Agriculture. In some countries, fisheries is separate or with livestock. But in most, fishery is part of Food and Agriculture. It is sea fishing with which MA has a lot to do. Fishing is a policy matter for UN’s Food and Agriculture Organisation (FAO). level. At national level fisheries as a policy for preservation, protection and planned exploitation is looked after by the ministry in charge; settle the TAC (Total Allowable Catch) to ensure healthy growth of fishing stock within its EEZone. The size of the national fishing fleet will be determined accordingly. Thus, MA will register fishing vessels that are
licensed. MA shall also be responsible for safety at sea and protection of the marine environment/ In training and certification of seagoing fishermen, MA is concerned with Navigation, Engineering, Seamanship, Stability, Communication, Safety and Environment. The professional aspect such as the recognition of fishing grounds, use of fishing gears, equipment, techniques, fish processing, preservation and hygiene are for the fishery department. Examination and certification may be jointly conducted by the two departments with MA the dominant role; or first, the fisheries department on the art and skill of fishing and then the final by the marine department. In some cases the mandatory sea-service will be considered and the rest will be solely by the MA. Registrar. (At the Home Affairs ministry is the Registrar of Birth, Death and Marriages). There was a time when those born on a ship gets the nationality of the Flag of the vessel. Nationality is now based on parental root. However, a ship submits in a form details. On some Flags it is also necessary to make entries in the Official Log Book (OLB) and forward via MA to the Registrar of the Flag State; in turn sends to the Registrar of the Flag of the parents. For deaths, the routine is similar. For vessels with a doctor on board, a death certificate may be issued by him. In other cases the body should be retained on board until arrival to next port where a post-mortem should be conducted. Death of a seafarer should take on provisions of the Article of Agreement/ (Crew Agreement) and in consultation with ship’s P&I Club. Most countries do not allow on-board marriages. But there is demand for this service specially on cruise ship for lovers looking for exotic places to exchange vows. Thus, some Mas allow this; the national RBDM may authorise the ship-master to act as a registrar and
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OPINION
the ship issues the marriage certificate (copies given to married persons and main copy forwarded to national RBDM. Ceremony must not have religious rituals but simply declarations before witnesses.
for the ministry in charge of energy but they will have to ensure that those licensed to conduct the exploration and production comply fully with safety and environmental standards by IMO, enforced by the coastal state’s MA.
Home affairs.
Now there are MOUs registered in one country and operate in another coastal state. The IMO standards are primarily enforced by the Flag State and the Port State Control (PSC) is exercised by the coastal state. The Flag State Administration in all likelihood utilise the services of the reputable international classification societies to carry out most of the functions related to offshore industry. This is another case for co-operation amongst the three parties – ministry of energy, maritime administration and the classification societies.
Basically, law enforcement and the police. Any crime on board is against the Flag State, the ship being an extended territory. For serious crime on a ship in a port, the Port State may likely take over. The master will be required to inform authorities in the Flag State who may request the next Port State to take action or to assist in extradition of the suspects. In some countries the law may allow jurisdiction over crimes committed at sea if that port happens to be the first port of call (unless the Flag State wants to deal with it; in which case the master should co-operate. Energy. Offshore exploration for oil and gas is comparatively new, even ongoing 50 years back when IMO also came into being. IMO took over as industry overseer because there was none for safety at sea, prevention of pollution to sea and protection of marine environment. Today, IMO has safety guidelines for construction of rigs, offshore supply vessels, drilling and other Mobile Offshore Units (MOU), their safe operation and protection of the environment. Most countries have also developed code of construction and operation of “Stand-by Vessels” which remain within vicinity of such rigs or units for possible evacuation of personnel in an emergency. IMO has even Resolution A-891 for manning and training of all MOUs. MAs of coastal states fall within IMO remit: industrial and economic aspects of exploration will still remain a matter
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Industry. The ship building and repair facilities will fall into this group. For integrated development of maritime activities to make a centre of maritime excellence it will be necessary for the MA to provide all the technical support. The marine engineering training programme (on approval by MA) for the future sea-going engineers will have to be conducted in co-operation with shipyards and workshops. MA will also have to work with the ministry of industry to ensure that ship breaking is conducted in compliance with internationally agreed guidelines. Labour, social welfare. Developing countries are likely to have a ministry to protect the working people. In the labour (seafarers) supplying countries within this particular ministry they are also likely to have a Directorate of Seafarers’ Employment and Welfare to implement ILO provisions. Most countries have now brought this
section under MA, for an integrated way. In others, it is very important for the MA to work in close co-operation with the department dealing with seafarers’ welfare (including boarding/ hostel facilities, recreational facilities, pension benefits and implementation of other labour conditions etc.). The ILO tri-partite meetings should be attended accordingly (representing the Administration, the Employers i.e. the Association of Ship-owners and the Employees i.e. Seafarers’ Union). The Collective Bargaining Agreement must be signed by the union with most members. The ILO-MLC-2006 Convention is a single document taking on board almost all matters within the domain of the ILO. Since maritime administration is the national governmental agency to ensure compliance of all international standards by national ships, it makes sense to put this matter also with maritime administration for necessary survey and certification. Compliance report must be given to ministry of labour for the ILO. (Editor’s Note: In the Philippines, the Department of Labor does the function, not the MARINA.) Environment. IMO looks after marine environment. However, it is the Nairobi based UNEP (United Nations Environment Programme) that looks after the global environment. UNEP has drawn up “Regional Seas Programme” IMO. There is a separate secretariat at IMO for the London Dumping Convention; still both work together. Ship-breaking facilities must be within the safety and environmental limits permissible for any shore-based industry. Education. Maritime education and training is learning and skill - vocational education.
Or professional training. But the custodian of the shipping industry (MA, that us) has to set the standards and ensure compliance; in conformity with the 1978 STCW Convention, as amended. Maritime training institutes could be specific and exclusive for maritime training; or multi-discipline, polytechnic institutes. Either bend, they must be supervised, monitored and approved by MA which issues the final document. It is also quite common in many countries to include the IMO-STCW syllabus as part of a technical education (along with a few other essential elements) leading to a degree. Consultation. For integrated development of the industry, players within must be consulted from time to time. For secondary bills in the UK, the Secretary of State has to declare consultations with all concerned. Also relevant are the International Convention on Freedom of Association and Protection of the Right to Organise (ILO No. 87 of 1948) and the Right to Organise and Collective Bargaining Convention (ILO No. 98 of 1949) Seafarers union, officersshipowners-training centres associations --- all these must be consulted before changes are made. UNCLOS-82. The laws of the seas is written separately as a Convention because it is the paramount umbrella convention on all sea related matters. It can be signed by States, also by UN agencies including regional organisations. Ultimate responsibility on the Convention depends on the States (either President, Secretariat, Royalty. or Prime Minister) on head of the government because of the diversity of :UNCLOS-82: territorial sea, contiguous zone, straits used for international navigation, transit or innocent passage, exclusive economic
zone and continental shelf, archipelagic states, status of artificial islands, high seas. Also the role and jurisdiction of Flag State/ Port State, conservation and management of the living resources of the high seas, right of access of landlocked states to and from the sea and freedom of transit, area–development of the resources of the area – common heritage of mankind, authority and its operation, settlement of disputes – protection and preservation of marine environment, marine scientific research – regional and international co-operation, basic conditions of prospecting, exploration and exploitation, and many others. Two important institutions have already been set-up. The International Tribunal for the Law of the Sea (Hamburg, Germany) and the International Sea-bed Authority (Jamaica). Some of the provisions relate directly to national interest. Every coastal state is expected to determine a base line at the low water mark along its coast and declare its territorial water limit 12 miles seaward from the base line. It can also declare a contiguous zone for another 12 miles seaward. Most important for a coastal state is the declaration of its EEZ (200 miles) or continental shelf. It gives the sole right to harness all economic resources (fishing, oil and gas exploration, mineral resources from the sea-bed within the EEZ and even using and making electricity out of water waves or extracting any valuables from the water or sea-bed within the EEZ. Where such delimitation overlaps neighbors, the matter is normally resolved by a line equally dividing the overlap. If not, further guidance are given in the Convention. States are required to publish maps and charts and, give wide publicity
of jurisdiction. Ratification requires transposing the provisions of the Convention into national legislation. Charts and maps with geographical coordinates should have back-up support and deposited with the Secretary General of the UN. “Area” defined sea areas beyond territorial or economic jurisdiction. Any activity of commercial benefit (such as exploitation of resources of deep sea-bed) has to be licensed by the “Authority” (International Sea-bed Authority). Conclusion. A lot cannot be legislated; but there should be documented systems and procedures for the same. Sometimes, these are “Rules of business”. Every ministry or department should have permanent instructions as to how it should co-ordinate with other government units. Channels of communication can be simplified by direct contact, a new concept of governance (for action instead the usual red tape). It is important to understand IMO audit team will not go to ten different ministries to check compliance of the Flag State. With such, MA will have to be the focal point for all maritime related activities. The Government should create autonomous bodies and authorities with permanent delegation of all operational functions for highest efficiency. For MA, such delegation should include powers to grant exemption or equivalence or similar functions. The heads of such authorities must be accountable to the Government, to the relevant minister. Matters outside normal operational duties that require policy decision must be referred to the Government (minister).
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OPINION
NO DISABILITY COMPENSATION FROM PREVIOUS EMPLOYER
ON PRODUCTIVITY
THE PUZZLE OF FILIPINO LABORERS
Atty. Beltran is a practising lawyer and Counsellor-At-Law with the Ramos and Ramos law offices. She holds a Masters of Law from Erasmus U of Rotterdam, the Netherland on top of degrees from Arellano U and UP-Diliman. Ms. Cristina is inducted into the Phi Kappa Phi Pi Gamma Mu Intl Honor Society (Social Science- Bulacan State U). Also a full-pledged Rotarian.
The Author is president of TSM Shipping (Phils) and article is culled from his reaction paper on Session 4, Operation Management (Opeman) of the AteneoRegis MBA Program at the Graduate School of Business, Ateneo De Manila University.
by Capt. Jones T. Tulod
P
inoys are most preferred labor abroad. Yet, their productivity in the Philippines are low. A classic example is reflected on the seafaring industry. Close to 30 % of world merchant seafarers are Pinoys. Apparently due to our skills, adaptability, language, accommodating attitude, service dedication, education, and like positive traits. These deliver benefits to individual. But to the nation as a whole, in terms of productivity? The benefactors are the foreign countries we provide part of the denominator (labor) of productivity. But the numerator (output) is maximized by those sourcing countries, Pinoy productivity enjoyed by the host country (as their own labor shift ashore as options of a vibrant economy). Implications. Look at South Korea, China, Japan and Norway – traditional seafaring nations. They blossomed with multinational
PHOTO BY: JHON HENSON ONG
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firms in modern technological operation, management system adoptive to time and global demands. Why not the Philippines? We can enumerate poor governance, constrained economy, fiscal policies to outdated operational systems, scarce capital, poor managerial skills, ad infinitum. What do we need to do? We have high unemployment and under-employment. We have so many graduates of various disciplines with no prospect of employment after graduation. Some are not challenged to full potentials; perhaps, due mismatched competency, old/conventional management system, lack of training support, and the likes. Wishlist. What we need are jobs. Not just jobs per se but jobs that are stable and adapted to modern times. We must embrace technology, scientific approaches,
more support policies, research and development. We should modernize operation systems, improve benefits to workers. The government must take a major role by improving governance; reduce red tape, create a stable and transparent fiscal and investment policies, improve infrastructures linking economic activities. Leverage on trade and treaties as it supports programs on knowledge enhancement and skills development. The goal is to create product and services that is Filipino in origin and possibly truly Filipino businesses with modern approach thru technology engagement and scientific managerial skills. This way productivity can be improved, developing globally-competitive local industries.
S
eafarer is not entitled to permanent total disability compensation from previous employer if he was subsequently employed in another ocean-going job; Seafarer must prove his claim that illness is work-related. Nazal was employed as cook by Oriental Shipmanagement (agency) for its principal, Bennet Shipping SA Liberia (collectively, petitioners) on board vessel M/V Rover from November 22, 2000 to November 24, 2001. He had two earlier contracts with the same employer from January 1999 to August 2000. Nazal claimed that after his arrival in November 2001, he reported to the agency about his health condition and work experience. He was referred to the company-designated physician who found him to be suffering from high blood pressure and diabetes. He then asked for compensation and medical assistance. The agency denied his request. He added that the agency advised him not to work again. On May 18, 2002, Nazal consulted Dr. Virginia Nazal of Clinica Nazal, an internal medicine and diabetes specialist. After a year (on May 3, 2003), he underwent a medical examinations in the same clinic and his blood sugar level registered at 339. More than a year later (September 8, 2004), the same doctor certified him to be unfit to work as a seaman.
by Ma. Cristina Ramos Beltran
said that he could have secured such report/certification had he made a request under Section 20(F) of the Philippine Overseas Employment Administration Standard Employment Contract. The Court added that the absence of a medical report or certification of Nazal’s ailments and disability only signifies that no postemployment medical examination took place. Except for Nazal’s bare allegations, nothing on record supports his claim that he contracted his alleged ailments on board the vessel;
On September 29, 2004, he underwent medical examinations and treatment at the Philippine Heart Center where he was diagnosed to be suffering from hypertension and diabetes and was told to be unfit to work as a seaman in any capacity. Nazal then demanded permanent total disability compensation from petitioners claiming that his ailments developed during his employment with the latter and while performing his duties. Because his demand went unheeded, he filed a complaint for permanent total disability compensation. The petitioners argued Nazal’s claim is barred by laches (for being filed only after almost three years after his disembarkation) and that he failed to submit himself to a post-employment medical examinations by a company-designated physician within three working days upon disembarkation. The Supreme Court ruled that Nazal is not entitled to permanent total disability compensation from the petitioners for the following reasons: •
He disembarked from M/V Rover for a “finished contract” and not for medical reasons. Although he claimed that he was examined by a company-designated physician upon disembarkation, he failed to present a medical report or certification of findings by such physician. The Court
•
The inordinate delay in filing the complaint casts a grave suspicion on Nazal’s true intention against the petitioners. It took him two years and ten months to file the complaint; and,
•
He obtained another employment as a seaman from March 1, 2004 to June 11, 2004 with another company, long after his employment with the petitioners. He would not have been accepted for another ocean-going job had he not been in good health. Surely, before he was deployed by his new employer, he went through a pre-employment medical examinations and was found fit to work and healthy. Otherwise, he would not have been deployed. (Oriental Shipmanagement Co., Inc., et al., vs. Nazal, G.R. No. 177103, June 3, 2013).
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Manning
WELCOME ABOARD! POEA License No. 173-SB-053113-R-MLC Office Tel. No. # 5367109 / 5361864
World-Class Quality
LYDIA MAR EXPANDS
NO FEES TO BE COLLECTED
LYDIA MAR Manila Inc.
Our company is in need of competent individuals to join our team both onboard and ashore. FOR HANDY SIZE BULK CARRIERS / CONTAINER We require Chief Engineer, 2nd Engineers, Chief Officers (1) OPERATIONS/TRAINING MANAGER Overall in-charge for the operations department including training. Handles and implement company program for career and development (e.g. cadetship, rating to officer promotion, etc). Conducts company in-house training/s. Generally responsible for adequate and timely provision of qualified crew as per principal’s requirement. Qualifications: Ideal candidate must have 3-5 years minimum crewing/training work experience in managerial capacity. With technical background on position applied. Can effectively communicate directly to the Principals. Reputable and with proven good track record in the manning industry. Qualified applicants may send in their updated CV with recent photo to the ff. e-mail address: info@lydiamar.ph (1) ACCOUNTING STAFF Preferably female 22-28 years old Must be a BS Accountancy graduate With at least one (1) year relevant work experience Fresh graduates are welcome to apply Must be PC proficient and able to thrive in a fast paced setting With good communication and analytical skills Has a keen eye for details and follow directions carefully Ability to multi-task, work under pressure and meet deadlines required
Management.
Expecting a surge of applicants, Lydia Mar Manila has to transfer to larger facilities; moving from the 9th to the llth floor of G.E. Antonino building, off Kalaw, Manila. It now occupies 309 sqm from 238, leasing more premium space to transact its growing business. More vessels are coming to augment its fleet of about 80 ships. This means more hiring, much rehiring – and critical evaluation of hands to maintain the Lydia Mar reputation of competent seafarers with positive work ethics. Established in 1990, the company currently supplies smart officers and dedicated ratings to German and European principals with vessels of varying configurations and tonnage.
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Ms. Brenda V. Baldon is president of Lydia Mar (Manila). Ms. Baldon is a certified internal quality auditor of the International Register of Certificated Auditors (IRCA), the world’s original and largest international auditor certification body. The lady prexy is a stickler for details, “Every aspect of the business. Not just the operation but the entirety of it.” She reasons that if one knows the nitty gritty, procedures may be done with eyes closed. In a manner of speaking, she clarifies with a smile. Ms. Baldon walks her talk in her own performance. The result is meteoric: Office administrator in 2009, then operations head in 2010. Just on the third year with Lydia Mar, Ms. Baldon is president by 2011. Her credentials speak much more: developed the quality management system manuals of some manning agencies, a quality management consultant from 2000 to 2002.
She also served as quality management representative and human resource officer of NYK Logistics Philippines in 2002 to 2006. Hands-on. Ms. Baldon is responsible for the final selection and approval of seagoing personnel to be recommended to the Principals. In barely two years, she has established policies and procedures which guided all employees on the company’s procedures and protocols. The usual corporate mission-vision mantra was internalized by staff towards more vibrant performance. She clarifies goals, establishes methods; then inspires performance to be at best. No surprises, results are expectedly the best. Small wonder Lydia Mar carries an enviable 83% retention rate.
INTERMANAGER PLEDGES ON SEAFARERS InterManager, the international trade association for the ship management industry, has pledged to put ‘people’ at the centre of its focus over the next year. At the Annual General Meeting (AGM) during the London International Shipping Week, President Gerardo Borromeo says: “Without a doubt the human element, our global maritime professionals, will remain at the front and centre in InterManager’s activities and projects over the next 12 months.”
played in the IMO symposium on The Future Of Safe Shipping where InterManager chaired the important session on ‘safety and the human element’. He vows to continue to strengthen InterManager’s role as a stakeholder at the IMO and encourages members to communicate any industry concerns to InterManager Secretary General Kuba Szymanski who can relay them to appropriate channels.
He outlines a comprehensive programme with topics to be covered including best management practices, seafarer health and wellness, enhanced maritime communications and an examination of the administrative burdens onboard ship.
On decrease of piracy in the Gulf of Aden, but increase off the coast of West Africa, Mr Borromeo urges members to remain vigilant in high risk areas and do all they can to comply with Best Management Practices (BMP4).
Mr. Borromeo also reports on the work InterManager has carried out over the past year on behalf of its members. He highlights the role the Association
“As ship managers and crew managers, this is the area where we can certainly make the most difference,” he says. “While there is no hard and fast rule on management styles, our commitment
to the concept of Best Management Practices has to be the ‘Holy Grail’ as far as any ship manager or crew manager is concerned.” He also directs managers to aim high when implementing the Maritime Labour Convention, described as the ‘Magna Carta for seafarers’. He told members: “The MLC as a standard is not a target to aim for, but provides starting points from which to begin. There is nothing that prevents any quality ship manager or crew manager from promoting higher standards of crew care and welfare for their own purposes and in order to differentiate service levels across the board.” In a light vein, Mr. Borromeo announces membership is currently at 103, a 50% increase over the past four years of InterManager.
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Feature GNN Libertas interview with PP Gani Ramos
First Class Pres. Mark David
MARITIME EXEC LEADS MAKATI ROTARY Y
uppy and early achiever --- that’s the leadership fuel of the Rotary Club of Makati-Buendia (RCMB), District 3830 of Rotary International. And that’s Mark Joseph Nillos David, the youngest president ever elected by the Club. Professionally in mercantile maritime, as Director and Crewing Manager of PAL Maritime Corporation. David’s firm has some 500 Filipino seafarers on its fleet of bulk and container vessels. VP and GM is Mrs. Sonrisa David, Mark’s mother. RCMB is one of the 34,000 Rotary clubs worldwide, of neighbors, community leaders and global citizens from more than 200 countries and geographical areas. They come together to exchange ideas and take action to improve communities around the world. Rotary International is on its 108th year; the theme for 2013-2014 is “Engage Rotary, Change Lives.” Leadership foundations. This 28-year old dynamo is also VP of Metro South Region, Junior Chamber International (JCI), Philippines. He
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has served in various capacities at JCI Paranaque, Pambato Chapter, like viz Director for Sports and Community Development, VP–Programs, EVP and LO President. Earlier in 2003, Mark was elected Kagawad (Councilor), Sanguniang Kabataan of Barangay Manuyo Dos, Las Pinas City. Mark carries a Political Science degree from De La Salle University-Dasmarinas Cavite campus. He took grade and elementary school at Montessori De Manila; high school at St. Andrew’s; Info-Tech at the University of Asia and the Pacific. Besides PAL Maritime, Mark is also CEO of Marked Productions (public events management) while being an insurance and investment Adviser of New York Life. He has attended short courses on Chartered Business Administration (AIM/ CBA), ISO 9001:2000, Internal Auditor Training (Bureau Veritas) and Vanguard Leadership Training by JCI. Mark led the turnover of RCMB’s donation to Tarlac’s Concepcion Special
Education Center (a library for persons with disabilities). This project was initiated by PP Gani Ramos, supported by the DSG Program of District 3830 in cooperation with JCI Parañaque Asinderas headed by Kim and Pi Sigma Delta Sorority, UP Manila Alumnae (where his sister Mariel is a member). Part of the ceremonies is food and games, give-away BATS books and school supplies for about 100 students. Mark has lead RCMB in other community services like relief operations; this humanitarian fortitude reflects the corporate social responsibility (CSR) of PAL Maritime.
Pres. Mark David at Tarlac Outreach
Four-Way Test Rotary’s focus are: peace and conflict prevention/resolution; disease prevention and treatment, water and sanitation, maternal and child health, basic education and literacy and economic and community development. Its Four Way Test: On the Things we think, say or do. Is it the TRUTH? Is it FAIR to all concerned? Will it build GOODWILL and BETTER FRIENDSHIPS? Will it be BENEFICIAL to all concerned? District Governor Robert Kuan and RCMB.
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