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WHEREAS, the Office of the President (OP) through Executive Secretary Eduardo Ermita, rendered a Decision on 3 August 2007 setting aside the decision of the Department of Labor and Employment (DOLE) and the Maritime Training Council (MTC) in the case of Philippine Nautical Training College (PNTC) vs. Far East Maritime Foundation, Inc. (FEMFI), OP Case No. 06-3-364; OS-MTC 0504-2006-001 and MTC Case No. 06-01-01;

WHEREAS, in the said Decision, the accreditation of FEMFI was revoked without prejudice to re-application for accreditation before the MTC and the FEMFI was ordered to cease and desist from offering its MTC-regulated training courses pending re-evaluation of its application for accreditation;

WHEREAS, the Motion for Reconsideration to this Decision filed by FEMFI was denied by the OP in its Resolution dated October 21, 2008;

WHEREAS, a Petition for Review under Rule 43 filed by FEMFI with the Court of Appeals was outrightly dismissed by the Court;

WHEREAS, PNTC moved to implement the Decision and Resolution of the OP notwithstanding the motion for reconsideration of the dismissal of the Petition for Review filed by FEMFI with the Court of Appeals;

WHEREAS, under Rule 43 of the Rules of Court, a petition for review or appeal does not stay the execution of the decision subject of the petition unless a restraining order is issued by the Court;

WHEREAS, after lengthy and careful deliberation by the members of the Council of the oppositions, manifestations and counter-manifestation filed by the opposing parties, the Council decided to implement the directives of the OP pursuant to Section 12 of Rule
43 of the Revised Rules of Court in the Philippines.

NOW THEREFORE, in consideration of the foregoing premises, the Council resolves as it is hereby resolved to immediately implement the Decision of the Office of the President dated 3 August 2007 and its Resolution of 21 October 2008, respectively stated as follows:

“WHEREAS, premises considered the appeal of PNTC College is hereby GRANTED. The Order and Resolution of DOLE and MTC dated September 21, 2006 and March 31, 2006 respectively, are hereby SET ASIDE. The accreditation of FEMFI are revoked without prejudice to re-application for accreditation before the MTC. In the meantime, FEMFI is hereby ordered to CEASE AND DESIST from offering its MTC regulated training courses pending reevaluation of its application by the MTC.”

WHEREFORE, premises considered, the Motion for Reconsideration of FEMFI is hereby DENIED. Let the records of the case be transmitted to the Maritime Training Council for its appropriate disposition.”

In this connection, FEMFI is ordered to stop from offering its regulated courses within fifteen (15) days from its receipt of this Resolution without prejudice to its re-application for accreditation with the MTC. Furthermore, the MTC Executive Director is directed to ensure the implementation of this Resolution.
 
Adopted: 29 Jan. 2009
 

Approved:
 
(SGD.) LUZVIMINDA G. PADILLA
Department of Labor and Employment
Presiding Chair, Maritime Training Council
 

(SGD.) NICOLAS P. LAPENA, JR. Chairperson, Professional Regulation Commission (PRC)	(SGD.) JENNIFER J. MANALILI  Administrator, Philippine Overseas Employment Administration (POEA)
(SGD.) CARMELITA S. DIMZON Administrator, Overseas Worker Welfare Administration (OWWA)	(SGD.) EMMANUEL Y. ANGELES Chairman,Commission on Higher Education (CHED)
(SGD.) WILFREDO D. TAMAYO Commandant, Philippine Coast Guard (PCG)	(SGD.) MARIA ELENA H. BAUTISTA Administrator, Maritime Industry Authority (MARINA)
(SGD.) GREGORIO S. OCA Private Sector Representative Associated Marine Officers and Seaman’s Union of the Philippines (AMOSUP)	(SGD.) EVAN P. GARCIA Assistant Secretary, Department of Foreign Affairs (DFA)

Attested:

(SGD.) NORIEL P. DEVANADERA
Acting Executive Director
Maritime Training Council