A Legal and Regulatory Perspective

I. Introduction

The Philippines remains one of the world’s leading suppliers of seafarers, making maritime education a strategic national concern. Entry into maritime programs—such as the Bachelor of Science in Marine Transportation (BSMT) and Bachelor of Science in Marine Engineering (BSMarE)—is governed not only by academic standards but also by a web of legal rules and institutional policies dealing with a person’s “records.”

In this context, “records” may include:

Civil registry records (birth, recognition, legitimation, change of name)
Academic records (Form 137, Form 138, TOR, transfer credentials)
Medical records (fitness to work at sea, disability, chronic illness)
Criminal and law-enforcement records (NBI, PNP, court records, barangay clearances)
Disciplinary records (from previous schools or employers)
Other background information (drug tests, immigration/travel issues, etc.)

This article explains how these records affect eligibility for maritime courses in the Philippines, from the standpoint of Philippine law and regulation, and where institutional “policy” begins and ends.

II. Legal and Regulatory Framework

1987 Constitution
- Right to education. The State must “protect and promote the right of all citizens to quality education at all levels” and “take appropriate steps to make such education accessible to all.”
- Equal protection and due process. Any policy that bars students from maritime courses based on their records must pass the tests of equal protection (non-arbitrary classification) and due process (fair procedures).
Higher Education Laws and Maritime Regulation
- RA 7722 (Higher Education Act). Grants the Commission on Higher Education (CHED) authority to set minimum standards, including for maritime programs. CHED issues Memorandum Orders that prescribe admission and retention standards for BSMT and BSMarE and align them with international maritime conventions.
- MARINA and STCW. The Maritime Industry Authority (MARINA) is the STCW (Standards of Training, Certification and Watchkeeping for Seafarers) Administration in the Philippines. It regulates training, certification, shipboard training, and the eventual licensing of marine officers. While MARINA primarily regulates the practice of seafaring and officer certification—not college admission—its medical fitness and good-conduct requirements influence schools’ policies.
Data Privacy (RA 10173 – Data Privacy Act of 2012)

Educational institutions and maritime training centers act as personal information controllers. They must comply with:
- Principles of transparency, legitimate purpose, and proportionality
- Stricter rules on sensitive personal information—such as health status and criminal records
- Requirements for consent or other lawful bases, secure storage, limited access, and proper disposal of records
Juvenile Justice (RA 9344, as amended)

Records of “children in conflict with the law” are confidential. Schools, law-enforcement agencies, and courts are prohibited from disclosing such records and from branding or stigmatizing a child based on those records. This is crucial for young maritime applicants who may have had prior cases as minors.
Disability and Anti-Discrimination Laws
- RA 7277 (Magna Carta for Persons with Disability) and RA 10524 promote inclusion of persons with disability (PWDs) in education and employment, subject to genuine occupational qualifications.
- Other statutes and constitutional principles prohibit arbitrary discrimination based on sex, religion, and similar grounds.

Taken together, these laws mean: schools have some freedom to set admission standards, but they must respect constitutional rights, data privacy rules, juvenile justice protections, and anti-discrimination principles.

III. Types of Records Relevant to Maritime Course Eligibility

A. Civil Registry and Identity Records

Maritime schools generally require:

PSA-issued birth certificate
Valid IDs (PhilID, passport, driver’s license, etc.)
For foreign or dual citizens, proof of recognition and immigration status

These records matter because:

Maritime programs are laddered toward employment in an internationally regulated industry where identity verification is critical.
Inconsistencies in name, date of birth, or citizenship status can delay or jeopardize later issuance of passports, Seafarer’s Identification and Record Books (SIRBs), and Certificates of Competency (COCs).

Incorrect or falsified civil registry entries can lead not only to denial of admission or graduation, but also to criminal liability for falsification of documents under the Revised Penal Code.

B. Academic Records

Academic records include:

Senior High School (SHS) credentials and Form 137/138
Transcripts of Records (TOR) for transferees
Certificates of good moral character
Records of academic deficiencies or disciplinary sanctions

1. CHED minimum standards vs. school policies

CHED sets minimum entry requirements (e.g., successful completion of K–12 SHS). Schools may impose additional standards, such as:

Minimum general average or specific grades in Mathematics, Physics, or English
Bridging programs for non-STEM graduates
Entrance exams and interviews

These policies are generally valid as part of academic freedom, provided they are:

Clearly published and reasonable; and
Applied uniformly and without unlawful discrimination.

2. Effect of poor academic records

Poor grades, failures, or repeated dropping may affect:

Admission to the maritime program
Retention, probation, or dismissal under a school’s academic policies
Eligibility for scholarships or inclusion in shipboard training pools

However, poor academic performance alone does not legally bar a person from enrolling in maritime courses. It is a matter of institutional policy, limited by due process (e.g., proper notice and opportunity to be heard in cases of dismissal).

3. Falsification and misrepresentation

The deliberate falsification of academic records—such as altering grades or forging credentials—can result in:

Immediate denial or cancellation of admission
Expulsion, if discovered after enrollment
Criminal charges under the Revised Penal Code for falsification of public or official documents
Possible impact on future licensure and maritime employment

C. Medical and Health Records

Medical fitness is a central issue in maritime careers because life at sea involves safety-critical tasks, physical demands, and isolation from shore-based medical services.

1. Medical fitness and STCW

While STCW standards primarily bind seafarers at the time of deployment or certification, schools consider them early—particularly when assessing:

Vision (including color vision)
Hearing
Cardiovascular and respiratory status
Neurological conditions (e.g., epilepsy)
Mental health and substance use

Medical standards are shaped by DOH and MARINA guidelines for medical examination and certification of seafarers. Schools anticipate these requirements in their admission or progression policies.

2. Legal tension: right to education vs. occupational requirements

There is a legal tension:

On one hand, RA 7277 and the Constitution encourage the integration of PWDs and prohibit discrimination in education.
On the other hand, international and local regulations require that persons performing certain shipboard functions must be medically fit.

Thus, a school must be careful:

For admission: A blanket rule barring all persons with a particular disability from taking maritime courses may be challenged as discriminatory, especially if the disability does not necessarily prevent academic completion.
For deployment and licensure: It may still be lawful—and sometimes mandatory—to deny shipboard practice or certification if the condition undeniably poses a risk to safety at sea.

Best practice is to differentiate academic admission from fitness for specific shipboard roles, and to ensure that medical policies are:

Based on objective, up-to-date medical standards;
Applied case-by-case where feasible; and
Supported by documented medical evaluation.

3. Privacy of medical records

Under RA 10173, health information is sensitive personal information. As such:

Schools must obtain valid consent or rely on another lawful basis (such as fulfillment of regulatory obligations).
Access to medical records must be restricted to authorized personnel (e.g., school physicians, designated administrators).
Disclosure to shipping companies or training partners must be governed by data-sharing agreements, clear notices, and necessity.

Improper sharing of medical information can expose schools to administrative, civil, and even criminal liability under the Data Privacy Act.

D. Criminal, Police, and Court Records

This is often the most sensitive and misunderstood category in relation to maritime course eligibility.

1. Common requirements

Maritime institutions and training centers may require:

NBI clearance
Police clearance
Barangay clearance
Court clearances (for certain positions or scholarships)

These are not usually mandated by CHED for admission per se, but are frequently required by:

Schools as a matter of internal policy;
Shipping companies and crewing agencies for cadetship and shipboard training;
MARINA or foreign employers at the stage of certification and deployment.

2. Is there a law that automatically bars persons with criminal records from maritime courses?

Generally, no:

There is no blanket law saying that anyone with a criminal conviction or pending case is prohibited from enrolling in maritime degree programs.
However, criminal records can affect later stages—such as licensing, visa issuance, and employment—and thus schools sometimes treat them as proxies for “future employability.”

3. Convictions vs. pending cases

Legally, an important distinction exists:

Pending cases: A person is presumed innocent until conviction by final judgment. Automatic denial of admission based solely on the existence of a pending case may be questioned as a violation of the presumption of innocence and equal protection—unless specific, compelling safety issues are involved (for example, serious violent offenses within the school community).
Final convictions: Some convictions, especially for crimes involving moral turpitude or serious violence, may legitimately weigh against admission or future licensing. For officer positions, regulatory bodies often require “good moral character” or absence of serious criminal convictions.

4. Juvenile records (RA 9344)

For applicants who had cases as minors (“children in conflict with the law”):

Their records are confidential and should not be used to stigmatize or automatically bar them from education.
Law-enforcement and government agencies are prohibited from disclosing such records, except in limited, legally specified circumstances.
Schools that obtain or use such records improperly may violate RA 9344 and the Data Privacy Act.

5. Rehabilitation and reintegration

Philippine policy, reflected in criminal law reforms and related special laws, increasingly emphasizes rehabilitation. A rigid policy that permanently bars anyone with any criminal record from maritime education, regardless of the nature of the offense, time elapsed, and evidence of reform, is open to constitutional challenge for being unreasonable and disproportionate.

E. Disciplinary and Behavioral Records

Many schools require:

Certificate of Good Moral Character (CGMC) from the applicant’s former school
Clearance from guidance offices or deans of student affairs for transferees
Internal records of misconduct (for continuing students)

1. Use of disciplinary records

Disciplinary records may be considered in:

Admission decisions for new and transfer students
Readmission or retention after serious misconduct
Selection for leadership roles, scholarships, and shipboard training programs

However:

Students have a right to due process in any disciplinary proceeding—notice of charges, opportunity to be heard, and a reasoned decision.
Disciplinary sanctions must be based on clear written rules (e.g., a student handbook or code of conduct) and must be proportionate to the offense.

2. Sharing of disciplinary records

Similar to criminal records, disciplinary data:

Are personal information protected by RA 10173.
Should not be freely shared with external entities (such as shipping companies) without a lawful basis, appropriate safeguards, and, where needed, consent.

F. Other Records: Drug Tests and Immigration/Travel History

Drug Testing

RA 9165 (Comprehensive Dangerous Drugs Act) allows random drug testing of students under certain safeguards.
Maritime schools and shipboard training programs often require pre-enrolment or periodic drug tests due to the safety-sensitive nature of seafaring.

A positive result may lead to:

Denial of admission, suspension, or other sanctions in accordance with school policy and due process;
Mandatory rehabilitation programs;
Disqualification by shipping companies.

Immigration and Travel Records

Not directly relevant to admission into maritime courses, but significant at the stage of deployment (visas, immigration blacklists, watchlists).
Schools may, in practice, counsel students whose travel or immigration issues might later obstruct employment, but these should not be used arbitrarily to deny access to education.

IV. Institutional Policies vs. Legal Limits

A. Academic Freedom and Autonomous Policy-Making

Private and public higher education institutions enjoy a degree of academic freedom, which includes setting reasonable admission criteria and internal rules. For maritime schools, this is often expressed through:

Student handbooks
Admission guidelines
Shipboard training manuals and MOAs with shipping partners

These documents must be:

Publicly available
Reasonably related to academic and safety objectives
Not contrary to law, morals, or public policy

B. Limits: Equal Protection, Due Process, and Non-Discrimination

Policies on records must satisfy:

Equal Protection
- Classifications (e.g., “no applicants with conviction for specific grave offenses”) must rest on substantial distinctions related to the purpose of the regulation (e.g., safety and trustworthiness in a safety-critical environment), and not be arbitrary.
- Overbroad rules (e.g., “no one with any record of police blotter entry, ever”) are vulnerable to challenge.
Substantive Due Process
- Rules must be fair, reasonable, and not oppressive.
- Completely excluding entire categories of persons, with no room for individualized assessment, may be seen as oppressive especially when rehabilitation and second chances are public policy goals.
Procedural Due Process
- Especially for currently enrolled students, adverse decisions (denial of continued enrolment, removal from shipboard training pools) must follow established procedures, including notice, hearing, and reasoned decisions.
- Students should have access to internal appeals or grievance mechanisms.
Anti-Discrimination and PWD Protection
- Schools should avoid policies that discriminate on the basis of disability, sex, religion, and other protected characteristics, unless there is a demonstrable, genuine occupational requirement—which must be narrowly tailored and evidence-based.

V. Interplay with Licensure, Certification, and Employment

Even if the law does not bar a person with certain records from enrolling in maritime courses, other stages of the seafaring pipeline raise separate issues.

Shipboard Training (On-Board Cadetship)

Shipping companies and crewing agencies almost always require:
- Clean or acceptable NBI and police clearances
- Negative drug tests
- Positive medical fitness certificates from accredited clinics
- Satisfactory academic and character references from the school
Because shipboard slots are limited, companies may exercise wide discretion. While this is largely a contractual and commercial decision, schools should be transparent with students about how records can affect their chances.
Certification and Licensing

MARINA, as the STCW Administration, sets standards for:
- Certificates of Proficiency (COP) and Certificates of Competency (COC)
- Required sea service, examinations, and assessments
- Good moral character and medical fitness
Certain serious criminal records, especially involving moral turpitude, may become obstacles to officer certification in practice. Applicants should anticipate that “clean record” requirements become stricter the closer they get to positions of higher responsibility.
Employment and Flag State Requirements

Foreign employers, flag states, and port states may:
- Require background checks and declarations of criminal history
- Deny visas or work permits for applicants with particular offenses (e.g., drug trafficking, serious violence)
Again, this does not retroactively make the initial enrolment “illegal,” but it underscores the importance of accurately advising students on the real-world impact of their records.

VI. Practical Guidance

A. For Prospective and Current Maritime Students

Be Honest with Records
- Never falsify or conceal academic, medical, or criminal records when specifically asked.
- Falsification can have more severe consequences than the original issue.
Understand the Nature of Your Record
- Is it a pending case or a final conviction?
- Was it incurred as a minor, and therefore covered by RA 9344’s confidentiality rules?
- Is it a minor offense or one that might be regarded as involving moral turpitude?
Explore Legal Remedies
- Consult a lawyer about expungement, probation completion, or other legal remedies where applicable.
- Correct errors in civil registry (name, date of birth) through proper court or administrative processes.
Engage with School Authorities
- Ask for clear, written policies on admission, retention, and shipboard training.
- If denied admission or progression due to your records, request written explanation and explore internal appeals.
Protect Your Privacy
- Know your rights under the Data Privacy Act; unnecessary disclosures of your medical or criminal records can be questioned.
- Before signing waivers or consent forms, understand what information will be shared, with whom, and why.

B. For Maritime Schools and Training Institutions

Clarify and Publish Policies
- Draft clear, written policies on how various records affect admission and continued enrolment.
- Distinguish between legal requirements (e.g., medical fitness standards linked to STCW) and purely institutional preferences.
Align with Law and Regulation
- Review policies for compliance with RA 7722, RA 10173, RA 9344, RA 7277, RA 9165, and relevant constitutional principles.
- Avoid blanket exclusions where a more nuanced, case-by-case approach is possible.
Strengthen Data Privacy Compliance
- Implement privacy notices that explain why and how records are collected and used.
- Limit access to sensitive information (health, criminal records) to authorized personnel.
- Establish retention and disposal policies for student records.
Ensure Due Process
- Provide clear procedures for discipline, denial of shipboard slots, and dismissal.
- Allow students to contest decisions, submit explanations, and appeal to higher bodies within the institution.
Transparent Counseling on Employment Prospects
- While respecting privacy, provide generalized guidance on how certain types of records typically affect employability at sea.
- Avoid giving false assurance that a record “does not matter at all” if, in practice, it may significantly affect future opportunities.

VII. Conclusion

In the Philippine context, “records” play a powerful and complex role in maritime course eligibility. There is no single law that automatically bars individuals with criminal, medical, or disciplinary records from entering maritime programs. Instead, eligibility is shaped by a combination of:

Constitutional mandates on education, equality, and due process
Statutes governing higher education, data privacy, juvenile justice, disability, and dangerous drugs
International standards under STCW as administered by MARINA
Institutional policies of maritime schools and their partner shipping companies

The legal challenge is to strike a balance: safeguarding safety and integrity in an inherently risky profession, while honoring the rights to education, rehabilitation, privacy, and non-discrimination. For students, this means understanding and managing their records responsibly; for institutions, it means crafting and implementing policies that are lawful, transparent, and humane.