Title
MTC Regulation of Maritime Training Centers
Law
Mtc No. 06, S. 1995
Decision Date
May 3, 1995
The Maritime Training Council (MTC) is empowered to directly supervise and regulate maritime training centers, including the accreditation of programs and collection of fees, to enhance compliance with the International Maritime Organization's STCW-78 Convention and improve the employment prospects of Filipino seafarers.
A

Legal basis and institutional framework

  • The resolution is anchored on the Philippine ratification, by accession, of the International Maritime Organization (IMO) STCW-78 Convention (International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978).
  • The resolution cites Letter of Instructions No. 1404 (LOI 1404) as the instrument that created and established the Maritime Training Council (MTC) to give effect to the STCW-78 Convention.
  • The resolution recognizes the legal effect of Republic Act No. 7722, which created the Commission on Higher Education (CHED) and replaced the former Bureau of Higher Education (BHE) role in certain accreditation-related functions.
  • The resolution discusses the impact of Republic Act No. 7796, which created TESDA, and notes that TESDA’s charter does not include MTC as an affected agency.
  • The resolution operates on the premise that Sections 1 and 2 of LOI 1404 vest the MTC with powers to develop and prescribe training standards, formulate implementing rules for STCW-78 and LOI 1404, and prescribe and collect fees from seamen training centers.

Policy and purpose statement

  • The resolution is premised on STCW-78 being a basis for maximizing the Philippines’ share in the world maritime labor market through seafarer training and upgrading.
  • The resolution links qualified training under STCW-78 to enhanced employment opportunities overseas and improved foreign exchange earnings.
  • The resolution is intended to strengthen the MTC’s capability to supervise and regulate maritime training centers so that STCW-78 can be implemented effectively.

Regulatory mandate requested from CHED and/or TESDA

  • The resolution requests enjoining the CHED and/or TESDA to allow the MTC to collect training fees.
  • The resolution requests enjoining the CHED and/or TESDA to allow the MTC to directly supervise and regulate:
    • the establishment of all maritime training centers, and
    • the operation of all maritime training centers.
  • The resolution covers training institutions offering STCW-78 related courses and seeks authority for MTC supervision and fee collection for those institutions.
  • The resolution frames the requested transfer/assumption of functions as a replacement for the responsibilities formerly performed by the BHE, considering BHE’s abolition and CHED’s limited mandated scope.

Membership, adoption, and signatures

  • The resolution is resolved “therefore” and “as it is hereby resolved” by the Maritime Training Council in a meeting duly convened.
  • The resolution is adopted on 3 May 1995.
  • The signatures include the Chairperson of the MTC session and representatives from the MTC member agencies and a private sector representative, reflecting the Council’s multi-agency participation.

Effectivity and publication rules

  • No specific publication requirement, transitory clause, or formal effectivity date is stated in the resolution’s operative provisions.

Repeal, separability, or sunset

  • No separability clause, repealing clause, or sunset provision is stated in the resolution.

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