[ MTC RESOLUTION NO. 05, S. 2011, November 18, 2011 ]
PROVIDING SUPPORT TO THE CLOSURE ORDER OF THE COMMISSION OF HIGHER EDUCATION (CHED) TO THE BS MARINE TRANSPORTATION (BSMT) AND BS MARINE ENGINEERING (BSMARE) PROGRAMS OF THE PHILIPPINE MARITIME INSTITUTE (PMI) COLLEGES - MANILA AND QUEZON CITY CAMPUSES
WHEREAS, the Philippines as a Party to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW), 1978, has the obligation to take all steps necessary to give the Convention full and complete effect, so as to ensure that, from the point of view of safety of life and property at sea and the protection of marine environment, seafarers on board ships are qualified and fit for their duties;
WHEREAS, under Regulation I/10 of the Convention concerning recognition of certificates, Administrations may recognize by endorsement a certificate issued by another Party, provided that the former has confirmed, through all necessary measures, which may include inspection of facilities and procedures, that the requirements concerning the standards of competence, the issue and endorsement of certificates and record keeping are fully complied with;
WHEREAS, Administrations may withdraw its recognition of the Certificates and endorsement issued by another Party if the latter does not fully comply with the conditions specified in Regulation I/10 of the Convention;
WHEREAS, the Philippines has bilateral undertaking concerning recognition of certificates under regulation I/10 with at least twelve (12) Member States of the European Union, and the assessment and inspection of facilities and procedures, the requirements concerning standards of competence and the issue and endorsements of certificates is delegated to the European Maritime Safety Agency (EMSA) in accordance with the regulation of the European Commission;
WHEREAS, EMSA has noted numerous deficiencies by selected Philippine maritime schools in its quality standard system, qualification of instructors, and the status of its facilities and training equipment during its initial visit in 2006 and follow-up evaluation in 2010 which necessitates that corrective action be undertaken by maritime schools concerned;
WHEREAS, among the maritime schools inspected by EMSA, the Philippine Maritime Institute (PMI) Colleges Manila and Quezon City were unable to provide satisfactory corrective actions for non-compliance with CHED standards and STCW requirements;
WHEREAS, the failure of PMI to provide corrective actions on the deficiencies reported by EMSA to the European Commission could result to the withdrawal of the recognition by EU Member States of certificates issued by the Philippine Government, to seriously affect the employment of Filipino seafarers world-wide;
WHEREAS, in view of the failure of PMI to provide the necessary corrective action for the deficiencies reported by EMSA, CHED issued closure order for the offering of B.S. Marine Transportation (BSMT) and B.S. Marine Engineering (BSMarE) programs by PMI Colleges - Manila and Quezon City Campuses for non-compliance of the minimum standards of the Commission on Higher Education, in order to prevent the withdrawal of the recognition of Philippine certificates by the European Commission in accordance with Regulation I/10;
WHEREAS, as a result of the CHED Closure Order, PMI filed a TRO seeking to nullify the closure on two Maritime Courses, which the Regional Trial Court denied as the Court is not convinced that PMI has a clear and unmistakable right to a TRO, and PMI failed to substantiate that it will suffer irreparable damage than the damage that it will bring to the international reputation of graduates and the eventual withdrawal of European Union recognition of Philippine STCW.
NOW, THEREFORE, RESOLVE AS IT IS HEREBY RESOLVED THAT THE MARITIME TRAINING COUNCIL IS FULLY SUPPORTING THE CLOSURE ORDER OF CHED FOR THE OFFERING OF BSMT AND BSMARE PROGRAMS OF PMI COLLEGES - MANILA AND QUEZON CITY CAMPUSES TO ABIDE WITH PHILIPPINE GOVERNMENT S COMMITMENT TO THE EUROPEAN COMMISSION THAT NON-COMPLYING MARITIME INSTITUTIONS SHALL BE PREVENTED FROM FURTHER CONDUCTING EDUCATION AND TRAINING UNTIL ALL DEFICIENCIES FOUND ARE CORRECTED.
Adopted: 18 November 2011
WHEREAS, under Regulation I/10 of the Convention concerning recognition of certificates, Administrations may recognize by endorsement a certificate issued by another Party, provided that the former has confirmed, through all necessary measures, which may include inspection of facilities and procedures, that the requirements concerning the standards of competence, the issue and endorsement of certificates and record keeping are fully complied with;
WHEREAS, Administrations may withdraw its recognition of the Certificates and endorsement issued by another Party if the latter does not fully comply with the conditions specified in Regulation I/10 of the Convention;
WHEREAS, the Philippines has bilateral undertaking concerning recognition of certificates under regulation I/10 with at least twelve (12) Member States of the European Union, and the assessment and inspection of facilities and procedures, the requirements concerning standards of competence and the issue and endorsements of certificates is delegated to the European Maritime Safety Agency (EMSA) in accordance with the regulation of the European Commission;
WHEREAS, EMSA has noted numerous deficiencies by selected Philippine maritime schools in its quality standard system, qualification of instructors, and the status of its facilities and training equipment during its initial visit in 2006 and follow-up evaluation in 2010 which necessitates that corrective action be undertaken by maritime schools concerned;
WHEREAS, among the maritime schools inspected by EMSA, the Philippine Maritime Institute (PMI) Colleges Manila and Quezon City were unable to provide satisfactory corrective actions for non-compliance with CHED standards and STCW requirements;
WHEREAS, the failure of PMI to provide corrective actions on the deficiencies reported by EMSA to the European Commission could result to the withdrawal of the recognition by EU Member States of certificates issued by the Philippine Government, to seriously affect the employment of Filipino seafarers world-wide;
WHEREAS, in view of the failure of PMI to provide the necessary corrective action for the deficiencies reported by EMSA, CHED issued closure order for the offering of B.S. Marine Transportation (BSMT) and B.S. Marine Engineering (BSMarE) programs by PMI Colleges - Manila and Quezon City Campuses for non-compliance of the minimum standards of the Commission on Higher Education, in order to prevent the withdrawal of the recognition of Philippine certificates by the European Commission in accordance with Regulation I/10;
WHEREAS, as a result of the CHED Closure Order, PMI filed a TRO seeking to nullify the closure on two Maritime Courses, which the Regional Trial Court denied as the Court is not convinced that PMI has a clear and unmistakable right to a TRO, and PMI failed to substantiate that it will suffer irreparable damage than the damage that it will bring to the international reputation of graduates and the eventual withdrawal of European Union recognition of Philippine STCW.
NOW, THEREFORE, RESOLVE AS IT IS HEREBY RESOLVED THAT THE MARITIME TRAINING COUNCIL IS FULLY SUPPORTING THE CLOSURE ORDER OF CHED FOR THE OFFERING OF BSMT AND BSMARE PROGRAMS OF PMI COLLEGES - MANILA AND QUEZON CITY CAMPUSES TO ABIDE WITH PHILIPPINE GOVERNMENT S COMMITMENT TO THE EUROPEAN COMMISSION THAT NON-COMPLYING MARITIME INSTITUTIONS SHALL BE PREVENTED FROM FURTHER CONDUCTING EDUCATION AND TRAINING UNTIL ALL DEFICIENCIES FOUND ARE CORRECTED.
Adopted: 18 November 2011
Approved:
(SGD.) ROSALINDA DIMAPILIS-BALDOZ
Employment Administration (POEA)