[ MTC RESOLUTION NO. 06, S. 1995, May 03, 1995 ]
MTC SUPERVISION AND REGULATION OF MARITIME TRAINING CENTER
WHEREAS, on January 11, 1984, the Philippine government has ratified thru accession the International Maritime Organization s (IMO) Standard of Training, Certification and Watchkeeping for Seafarers 1978 (STCW-78) Convention.
WHEREAS, the ratification of the STCW-78 Convention was preconditioned to and supportive of maximizing our share in the world maritime labor market thru training and upgrading our seafarers in order to enhance and promote their employment overseas and thus also to improve their foreign exchange earnings for the national economy.
WHEREAS, pursuant to the Letter of Instructions No. 1404 (LOI 1404), the Maritime Training Council (MTC) was created and established to give effect to the IMO STCW-78 Convention. As such, in order for the MTC to carry out the said mandates effectively, it has to enlist the participation and cooperation of its seven (7) member agencies in the Council such as: the Philippine Overseas Employment Administration (POEA), Overseas Workers Welfare Administration (OWWA), Professional Regulations Commission (PRC), Philippine Coast Guard (PCG), Maritime Industry Authority (MARINA), Bureau of Higher Education (BHE) representing the Department of Education, Culture and Sports (DECS) and a Private Sector Representative.
WHEREAS, the Bureau of Higher Education (BHE) prior to the creation of the Commission on Higher Education (CHED), R.A. 7722, had been performing the function of accreditation/revocation of training permit based on the standards developed by the MTC; and the imposition of sanctions for violation of the condition of accreditation and related matters.
WHEREAS, in addition, the BHE had been collecting training permit fees from accredited training centers it being their previous inherent powers under DECS.
WHEREAS, considering that the BHE has already been abolished, and CHED created in its place, where the latter s mandate under R.A. 7722 covers only both public and private institutions of higher education as well as degree-granting programs, the CHED may not be able to assume the above functions previously performed by the BHE while still one of the 7 member agencies of the MTC. AHCTEa
WHEREAS, while the creation of the Technical Education and Skill Development Authority (TESDA) under R.A. 7796 has provided for the integration of the National Manpower and Youth Council (NMYC) and the Bureau of Technical and Vocational Education (BTVE), it does not, however, includes MTC as one of those other agencies affected by its organization under the above charter.
WHEREAS, while TESDA is empowered to design and administer training programs and schemed that will develop the capabilities of both public and private institutions, the MTC being a policy-making agency has its own standard training program prescribed by IMO Model training courses as required under the STCW-78 Convention. Hence, TESDA may not be able to supervise and regulate the establishment and operation of the maritime training centers.
WHEREAS, since neither CHED nor TESDA has a clear supervisory and regulatory mandates over the MTC and that pursuant to Sections 1 and 2 of the LOI 1404, the MTC is vested with the powers to develop and prescribed training standards; formulate rules and regulations to implement the STCW-78 Convention and LOI 1404; and the prescription and collection of fees from seamen training centers, it is logical that the MTC should be allowed to takeover the functions of the defunct BHE as regards the accreditation of training centers/programs and the prescription and collection of fees.
WHEREAS, given the authority to assume the responsibility of directly supervising and regulating the establishment and operation of the maritime training centers including accreditation and collection of fees will strengthen the MTC s capabilities to finance its own operation and thus effectively implement the STCW-78 Convention.
RESOLVE, therefore as it is hereby resolved by the Maritime Training Council in a meeting duly convened that in the light of the foregoing, the MTC hereby requests enjoining the CHED and/or TESDA to allow MTC to collect training fees and directly supervise and regulate the establishment and operations of all maritime training centers and institutions offering STCW-78 related courses.
Adopted: 3 May 1995
(SGD.) MA. NIEVES CONFESSOR
Secretary
Department of Labor and Employment
Chairperson
Maritime Training Council
(SGD.) FELICISIMO O. JOSON, JR.
Administrator
Philippine Overseas Employment Administration
(SGD.) WILHELM D. SORIANO
Administrator
Overseas Workers Welfare Administration
(SGD.) DR. MONA D. VALISNO
Commissioner
Commission on Higher Education
(SGD.) PACIENCIO M. BALBON, JR.
Administrator
Maritime Industry Authority
(SGD.) VICENTE F. ALDANESE, JR.
Private Sector
Filipino Association for Mariners Employment
Attested By:
(SGD.) LORNA FAJARDO
Director, POEA
(SGD.) JOSE S. BRILLANTES
Under Secretary
Department of Labor and Employment
WHEREAS, the ratification of the STCW-78 Convention was preconditioned to and supportive of maximizing our share in the world maritime labor market thru training and upgrading our seafarers in order to enhance and promote their employment overseas and thus also to improve their foreign exchange earnings for the national economy.
WHEREAS, pursuant to the Letter of Instructions No. 1404 (LOI 1404), the Maritime Training Council (MTC) was created and established to give effect to the IMO STCW-78 Convention. As such, in order for the MTC to carry out the said mandates effectively, it has to enlist the participation and cooperation of its seven (7) member agencies in the Council such as: the Philippine Overseas Employment Administration (POEA), Overseas Workers Welfare Administration (OWWA), Professional Regulations Commission (PRC), Philippine Coast Guard (PCG), Maritime Industry Authority (MARINA), Bureau of Higher Education (BHE) representing the Department of Education, Culture and Sports (DECS) and a Private Sector Representative.
WHEREAS, the Bureau of Higher Education (BHE) prior to the creation of the Commission on Higher Education (CHED), R.A. 7722, had been performing the function of accreditation/revocation of training permit based on the standards developed by the MTC; and the imposition of sanctions for violation of the condition of accreditation and related matters.
WHEREAS, in addition, the BHE had been collecting training permit fees from accredited training centers it being their previous inherent powers under DECS.
WHEREAS, considering that the BHE has already been abolished, and CHED created in its place, where the latter s mandate under R.A. 7722 covers only both public and private institutions of higher education as well as degree-granting programs, the CHED may not be able to assume the above functions previously performed by the BHE while still one of the 7 member agencies of the MTC. AHCTEa
WHEREAS, while the creation of the Technical Education and Skill Development Authority (TESDA) under R.A. 7796 has provided for the integration of the National Manpower and Youth Council (NMYC) and the Bureau of Technical and Vocational Education (BTVE), it does not, however, includes MTC as one of those other agencies affected by its organization under the above charter.
WHEREAS, while TESDA is empowered to design and administer training programs and schemed that will develop the capabilities of both public and private institutions, the MTC being a policy-making agency has its own standard training program prescribed by IMO Model training courses as required under the STCW-78 Convention. Hence, TESDA may not be able to supervise and regulate the establishment and operation of the maritime training centers.
WHEREAS, since neither CHED nor TESDA has a clear supervisory and regulatory mandates over the MTC and that pursuant to Sections 1 and 2 of the LOI 1404, the MTC is vested with the powers to develop and prescribed training standards; formulate rules and regulations to implement the STCW-78 Convention and LOI 1404; and the prescription and collection of fees from seamen training centers, it is logical that the MTC should be allowed to takeover the functions of the defunct BHE as regards the accreditation of training centers/programs and the prescription and collection of fees.
WHEREAS, given the authority to assume the responsibility of directly supervising and regulating the establishment and operation of the maritime training centers including accreditation and collection of fees will strengthen the MTC s capabilities to finance its own operation and thus effectively implement the STCW-78 Convention.
RESOLVE, therefore as it is hereby resolved by the Maritime Training Council in a meeting duly convened that in the light of the foregoing, the MTC hereby requests enjoining the CHED and/or TESDA to allow MTC to collect training fees and directly supervise and regulate the establishment and operations of all maritime training centers and institutions offering STCW-78 related courses.
Adopted: 3 May 1995
Secretary
Department of Labor and Employment
Chairperson
Maritime Training Council
(SGD.) FELICISIMO O. JOSON, JR.
Administrator
Philippine Overseas Employment Administration
(SGD.) WILHELM D. SORIANO
Administrator
Overseas Workers Welfare Administration
(SGD.) DR. MONA D. VALISNO
Commissioner
Commission on Higher Education
(SGD.) PACIENCIO M. BALBON, JR.
Administrator
Maritime Industry Authority
(SGD.) VICENTE F. ALDANESE, JR.
Private Sector
Filipino Association for Mariners Employment
Attested By:
(SGD.) LORNA FAJARDO
Director, POEA
(SGD.) JOSE S. BRILLANTES
Under Secretary
Department of Labor and Employment