Tuesday, November 12, 2013
Saturday, August 10, 2013
COURT OF APPEALS NULLIFIES INJUNCTION ISSUED ON CHED CLOSURE ORDER FOR DEFICIENT PMI MARITIME COURSES
Here's the press statement released by the Commission on Higher Education (CHED) regarding the closure of PMI Colleges course offerings:
Republic of the Philippines
OFFICE OF THE PRESIDENT
COMMISSION ON HIGHER EDUCATION
Press Statement
COURT OF APPEALS NULLIFIES INJUNCTION
ISSUED ON CHED CLOSURE ORDER FOR
DEFICIENT PMI MARITIME COURSES
On 24 May 2013, the Special 13th Division of the Court of Appeals (CA) granted the petition of the Commission on Higher Education (CHED) to nullify the Temporary Restraining Order (TRO) and Writ of Preliminary Injunction (WPI) that Judge Rosa Samson of Branch 105, RTC, Quezon City issued on 20 January 2012. This Order allowed the Philippine Maritime Institute (PMI) Colleges to continue accepting enrollees despite CHED’s order to close its non-compliant BS Marine Transportation (BSMT) and BS Marine Engineering (BSMarE) courses.
CHED Chairperson Patricia B. Licuanan “welcomes the Court of Appeals Decision. It affirms the necessary and valuable support of the judicial system to the legitimate reforms pursued by CHED, particularly in Maritime Education, which have very serious implications for the employment of our Filipino seafarers in the international maritime industry.”
By way of background, several rounds of inspection from 2006 to 2010 revealed that the PMI programs were consistently non-compliant with the standards of CHED and the Standards of Training, Certification and Watchkeeping for Seafarers. In 2010, the European Maritime Safety Agency conducted an independent audit of maritime schools in the country, and found PMI to be grossly deficient. The Injunction Judge Samson issued in 2012 in favor of PMI effectively prevented CHED from implementing its Final Closure Order of the Institute’s deficient maritime programs.
The CA nullified the TRO and WPI because it considered the issuance of Judge Samson’s Order a grave abuse of discretion since it did not satisfy the three requirements under the law for its issuance. First, PMI does not have a clear legal right since CHED had revoked government recognition of PMI’s programs due to several uncorrected deficiencies over the years. Second, CHED is authorized by law to impose sanctions on educational institutions which fail to comply with its requirements. Third, as to the need for the Injunction, the CA found no urgent and paramount need since the closure orders had been issued and fully implemented before Judge Samson issued the Order.
This CA decision prompted the Commission to issue the clarification that the CHED Final Closure Orders on PMI’s BSMT and BSMarE programs in its Manila and Quezon City campuses remain valid.
The public is hereby forewarned that students who desire to enroll in BSMT and BSMarE programs should enroll only in schools with programs that are officially recognized by CHED.
Issued this 7th day of June, 2013 at the Higher Education Development Center, C.P. Garcia Avenue, U.P. Diliman, Quezon City.
(signed) PATRICIA B. LICUANAN, Ph.D.
Chairperson
_________________________________________________________________________________________________
Higher Education Development Center Building, C.P. Garcia Ave., UP Campus, Diliman, Quezon City, Philippines
Web Site: www.ched.gov.ph Tel. Nos. 441-1177, 385-4391, 441-1169, 441-1170
To view the source from the CHED website, click here.
Republic of the Philippines
OFFICE OF THE PRESIDENT
COMMISSION ON HIGHER EDUCATION
Press Statement
COURT OF APPEALS NULLIFIES INJUNCTION
ISSUED ON CHED CLOSURE ORDER FOR
DEFICIENT PMI MARITIME COURSES
On 24 May 2013, the Special 13th Division of the Court of Appeals (CA) granted the petition of the Commission on Higher Education (CHED) to nullify the Temporary Restraining Order (TRO) and Writ of Preliminary Injunction (WPI) that Judge Rosa Samson of Branch 105, RTC, Quezon City issued on 20 January 2012. This Order allowed the Philippine Maritime Institute (PMI) Colleges to continue accepting enrollees despite CHED’s order to close its non-compliant BS Marine Transportation (BSMT) and BS Marine Engineering (BSMarE) courses.
CHED Chairperson Patricia B. Licuanan “welcomes the Court of Appeals Decision. It affirms the necessary and valuable support of the judicial system to the legitimate reforms pursued by CHED, particularly in Maritime Education, which have very serious implications for the employment of our Filipino seafarers in the international maritime industry.”
By way of background, several rounds of inspection from 2006 to 2010 revealed that the PMI programs were consistently non-compliant with the standards of CHED and the Standards of Training, Certification and Watchkeeping for Seafarers. In 2010, the European Maritime Safety Agency conducted an independent audit of maritime schools in the country, and found PMI to be grossly deficient. The Injunction Judge Samson issued in 2012 in favor of PMI effectively prevented CHED from implementing its Final Closure Order of the Institute’s deficient maritime programs.
The CA nullified the TRO and WPI because it considered the issuance of Judge Samson’s Order a grave abuse of discretion since it did not satisfy the three requirements under the law for its issuance. First, PMI does not have a clear legal right since CHED had revoked government recognition of PMI’s programs due to several uncorrected deficiencies over the years. Second, CHED is authorized by law to impose sanctions on educational institutions which fail to comply with its requirements. Third, as to the need for the Injunction, the CA found no urgent and paramount need since the closure orders had been issued and fully implemented before Judge Samson issued the Order.
This CA decision prompted the Commission to issue the clarification that the CHED Final Closure Orders on PMI’s BSMT and BSMarE programs in its Manila and Quezon City campuses remain valid.
The public is hereby forewarned that students who desire to enroll in BSMT and BSMarE programs should enroll only in schools with programs that are officially recognized by CHED.
Issued this 7th day of June, 2013 at the Higher Education Development Center, C.P. Garcia Avenue, U.P. Diliman, Quezon City.
(signed) PATRICIA B. LICUANAN, Ph.D.
Chairperson
_________________________________________________________________________________________________
Higher Education Development Center Building, C.P. Garcia Ave., UP Campus, Diliman, Quezon City, Philippines
Web Site: www.ched.gov.ph Tel. Nos. 441-1177, 385-4391, 441-1169, 441-1170
To view the source from the CHED website, click here.
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