MARINO WORLD JAN-FEB 2018 DIGITAL EDITION by Marino World

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VOLUME XIII NO. 2 ISSN 1908-0972

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JANUARY - FEBRUARY 2018

MARINO WORLD

PITCH BATTLES ON EMSA EMSA A CHECK NOT AN AUDIT

6 9

STAKEHOLDERS UP IN ARMS

PALACE FUELS JIMENEZ

OSM OPENS NEW CLINIC

AMARO BOWS OUT

Content

ABOUT THE COVER EMSA has shaken the industry with MARINA plying without a captain and senior officers. Luckily, there is now an Under Secretary for Maritime to Layout by: Jhon Henson Ong

man the ramparts. Normally, one starts with calm and honeymoon; instead, he is at once exposed to a baptism of fire.

EDITORIAL BOARD Publisher

Editorial Consultant

Lyn Bacani

Creative Director

B. Cortes Lagac

Jhon Henson Ong

Legal Counsel

Atty. Manuel Obedoza Jr.

Eva Tan

News and Feature Writers Coca H. Strobar

Ligaya Caban

Contributors Ms. Merle San Pedro

RAdm. Adonis Donato

Atty. Cristina Beltran

International Contributors

F R Chowdhury

Mark Millar

Richard Teo

Special Project Manager

Visayas Correspondent

Photographers

Production Assistants

Gel Miranda

Janille Pellejo Joamirica Tud

Boy Ilano

Jerome Reyes Joana Marie Tud

EDITORIAL OFFICE 1732 Modesto St., Malate, Manila, Philippines Tel. / Fax (632) 521-3633 marinoworldpublication@gmail.com Mobile (63) 906-491-2777

Published by Bacani & Associates Media Services Co. (BASMS) www.marino-world.com

Publisher Note

THE WILL TO WIN It is almost lunacy to endorse a favorite whipping boy, and rightly so, to lead urgent reforms. But Marino World summons the courage to swim against the current and first to publicly propose making the Maritime Industry Authority (MARINA) a Chartered Agency, maybe still in the Dept. of Transport. Just a second, control your guffaws, please. This is not so much as to expect independence but merely begin insulation from partisan politics. And vested politicians. Given its own charter, MARINA could expectedly join others with charters which are efficient on their mandates, plus making money for the national coffer. Most matured economies have stable bureaucracies, even criticized as the mandarins of public service. We use to have this when career Under Secretaries were the core of Government, more so those in Parliamentary forms. This was unwittingly changed by then President F.E. Marcos appointing the “cream of the best” who brought their own boys into the posting. The practice worsened under the People Power phenomenon where just about anybody in Edsa was appointed over the elected, rebels over experts --- loyalty prevailed over merits. The Yellow Fever has abated but the practice continued under subsequent administrations, Duterte’s included.

The musical chair is played in almost all departments, prominently in the security forces which have new commanders even before the incumbent is practically known. MARINA is no exception, heads falling as political grace ebbs. The European Maritime Safety Agency (EMSA) audits confirm these body bags that do not create stability in systems and implementations; even counterproductive in whimsical circulars and “guidance” to upstarts by grizzly insiders. Marino World admits our culture of tayo-tayo or sama-sama (us and we) may be risky for objective governance. Fact is, “volunteers” in MARINA were once hailed as heroes in the sense of payback to the community. They serve without pay as MARINA also cannot afford to pay the world rate of maritime experts in assessment and audits. Some even advanced the cost of governance from their own money. But one by one, these volunteers were discredited, some unmasked for outright corruption or use of ranks for private gain, or privileges for associates with business allied to maritime. Since there is no formal litigation nor judgment, we are left with bare rumors --- choose your belief based on facts you do not have or friendship you do enjoy. No nonsense Duterte has expressed on using the military to move things, get the job done. There may be sense, but the countervailing probability of martial rule

now in crescendo. But Marino World will not speculate over speculations; our worry being this will solidify that hero culture now in the psyche of Filipinos. That meaningful change cannot come from people; only from a heroic great --so prevalent in the years of colonization, the heroes being the Spaniards, the Americans. Our self-esteemed was squeezed to the pits. First, by the Castilians with the sword and the Bible. Then, by North Americans with candies and blackboards. And among ourselves, by possessions and not character; in the provinces, by dati (host) looking lowly at the dayo (migrant). Yet, we celebrate courage, even in battles we were defeated, in wars not really ours. Again, these dysfunctional views are reflection of damaged culture, as Macedonia was in the path of warring armies. As Afghanistan now, in the bid for control of government and minerals. What is the relevance on these throwbacks of history? Simple, that there is a window of success if we just try and darn try. Let’s put our chips on the MARINA with its own charter, with clear marching orders and isolation from the pitch and roll of politics and politicians. What’s to lose if we risk? We will, anyway, if we don’t act with political will. Ahem.

MARINO WORLD

Governance

Ban-eg of MARINA

PANDORA OUT?

EMSA OPENS PITCHED BATTLES by Coca H. Strobar On Administrator Amaro’s watch, MARINA kept secret its card on EMSA. Capt. Ely Diaz, then executive director of MARINA-STCW Office, was “very confident” there is nothing to worry on the series of audits. On 31 May, 2017, Capt. Diaz was axed, that he is raw coming from the private sector, among other allegations. This is telling because his confidence was off-tangent. On January 2018, the European Commission released its assessment on the EMSA report containing so many shortfalls on Philippine maritime administration. MARINA earlier down-played the report by instructing a lower functionary (STCW PRO Timothy Vitan) to treat it as a mere press release. But even if insiders were officially mum, most whisper agitations to private stakeholders on the negative impact of EMSA findings. When smolder dropped from the attic, fire cannot be denied. The private sector created so many fronts of pitched but gnawing battles MARINA was forced to release the official findings of EMSA with predictable lines: MARINA will meet the deadlines, the private sector will reform its rank. Let the Games begin!

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Papers. Directorate D-Waterborne of the DirectorateGeneral for Mobility and Transport of EU’s European Commission released the Assessment of Compliance of the maritime education, training and certification system of the Philippines with STCW 1978, as amended. The STCW Convention is part of EU laws, together with a system of common recognition of non-EU seafarer certificates. Under Regulation 1/10 of the STCW Convention, Member States of EU may recognize certificates issued by non-EU countries but “only further to EU recognition following a technical report of the European Maritime Safety Agency (EMSA).” That authority to recognize is limited by Article 12 of Directive 2008/106/EC (OJ L 323 of 03 Dec, 2008), as amended by Directive 2012/35/EU (OJL 343 of 14 Dec. 2012), imposing reassessment by EC assisted by EMSA on a regular basis to verify continuous compliance with the STCW Convention. This reports the fact-finding audit by EMSA between March 13 and 23, 2017, including those from 2006 and 2014 and the evaluation

of submissions of Philippine authorities (the latter questionable as stakeholders complain the government lacked consultations with them). Pragmatics. EU is dependent on shipping and we have about 73,000 seafarers on EU flagged vessels. EMSA found 36 critical Non-Compliance and nine observations. Both sides can wave the flag but the economics will prevail over bravado. Taipeh threatened to ban Filipino sewers unless the Philippines immediately jail the Coast Guards who shot dead Taiwanese poaching on Philippine waters. After the rhetorics, “crime” and “justice” were put aside knowing they need the workers and we, the jobs. Same realities on the raging Kuwaiti cruelty issue, same “protection” the USA invoke on suspect migrants, yet ready even to kidnap foreign scientists betraying their countries when needed. Indeed, justice is double-bladed: human rights when not affected, war when offended.

Merry-go-round. At the January 15th take-over ceremonies of RAdm Elson E. Hermogino of the Coast Guard, Transport Secretary Arthur Tugade says the incoming MARINA head has been picked but yet unannounced. Meaning, MARINA is allowed headless (like Vidal on Operations gone) and hold-overs (like Ban-eg on STCW) virtually at the strings of “knowledgeable” insiders. As late as February 9 and 10, at the Association of Maritime Institutions (PAMI) 43rd Annual Convention and General Assembly in Bohol, Maritime U/Sec Felipe A. Judan waxed words on cooperation rather than compulsion on the EMSA solution. “I am open to suggestions, I’m open to listen. I’m open to do actions together with the private sector,” claiming he comes from the private sector and knows the implications; that his heart is open for dialogue (applause!).

Earlier in 2014, CHEd issued a moratorium in opening new MHEIs. Last year it was lifted through CMO 71 Series of 2017 and 40 applied to offer degree courses (BSMT or BSMarE) with six others posting letters of intent backed by voluminous documentations that must be shifted. Systemic flaw. Of all disciplines in higher education, only maritime has the most number of policies, standards and guidelines (PSGs).) This results from a system flaw: EMSA keeps auditing and auditing, CHEd must follow suit with aligning and aligning. Sacrificed is the continuity of formulating and developing, of internal assessment to pursue independent paths to reforms.

At the same convention, Dr. Amelia A. Biglete, CHEd Director IV, Programs and Standards Development, presented a deeper look with stats.

Biglete flashes the numbers on MHEIs:

By 2002, 76; 2013-2014, 91; 2015, 91; 2017, 77. As of March 7, 2017, 55 with 10 on appeal; the latest in 2018, 65. Classify. In 2015, on Joint MARINA and CHEd effort, MHEIs were 91 qualified to first level. In 2017, the policy was abandoned as being too rigid, reduced MHEIs to 77; 55 by March 7, 2017 and 65 now since the 10 were successful in their appeals.

It’s part of the compliance (or rituals) to the Commission. Your slip. OIC Ban-eg may have unwittingly spilled that as of July 2017, they already have the EU-EC EMSA findings on the March 2017 audit. Hence, the Government voluntary corrective action plan (VCAP) given September, 2017 on rushed “consultations” with the stakeholders.

Diplomatic.

For small country, we have too many HEIs; maritime is just 1% of all programs but very important for we are a major world supplier of seafarers; in turn, sending big remittances. Hence, all the stakeholders help improve maritime higher education institutions (MHEIs).

(CHEd was established in 1995 and closed sub-standard schools under threat the Philippines may be excluded from the Whitelist of IMO)

Ban-eg says the TPME meeting of Feb 15th could start the process as final approval of CHEd enbanc is a mandate be it monitoring, phase-outs, alternatives. These will be looked into perhaps by March, April and May, opening of classes by June considered.

As coup d’grace, Ban-eg issued copies of the 45-page EMSA report for PAMI and PAMTCI members, inviting them to attend the Maritime Education and Training (MET) conference on Feb 22-23 at Midas Hotel, Pasay City, which shall focus on EMSA concerns and deadlines.

CHEd speaks.

1988 (before CHEd), 57; 1991-1994, 120; 2001, 73.

year, the whole gamut of things-to-do.

Biglete of CHEd

But Government whips CHEd to cater to EMSA pushing CHEd to just survival mode, squeezed between the proverbial “darn if you do, damn if you don’t.” Move! MARINA’s Atty. Ban-eg opens 2018 with inquiries on where are Plans and Programs on MHEIs aligned with the MARINA STCW Office, perhaps setting why MARINA should cut on CHEd turf. She asks for the schedule of monitoring, receipt of the GANTT chart, emailed notices on who will come when for what. The whole

The audit is always “voluntary” out of respect on the sovereignty of members but are forced to “agree” due to possible trade and procedural sanctions. However, audits are traditionally “requested” not to leverage nor for trade wars but whenever shortfalls are so obvious and too many risking accidents and dislocations of life, cargo, vessel and the environment. On January 29, 2018, EC formally transmitted to MARINA the assessment which identified areas “that need attention or further improvement” like national circulars or memoranda, activities of MARINA, education and training institutions --- short of brutally saying in all areas! MARINA insiders constrained to go public say the results of the five audits in 2006, 2010, 2013, 2014 and 2017 are contained in the 45-page report --- finding 36 NonCompliance (NC or critical shortfalls) and nine Observations (areas to improve). Stripped of the legalese, only 15% are actual and accepted as corrected.

MARINO WORLD

EMSA OPENS PITCH BATTLES

Shipowners keenly interested

Deadlines. EC gave MARINA dates to move: •

30 April 2018 – measures done, or intended, to areas mentioned

•

31 October 2018 – evidence of implementation

•

31 October 2019 – evidence support Information Technology (IT) systems have been developed

In turn, MARINA claims: •

Circulated EC assessment to stakeholders

•

Created Task Force to address EC concerns

•

Coordinated meetings with MARINASTCW Advisory Council and agencies

In short, seafarers and stakeholders are biting fingers --- much as the grave anxiety of parents of over 80,000 pupils massively inoculated with a vaccine highly suspected of fatal effect. The 2017 inspection included visits to MARINA, CHEd and three maritime education and training (METs) namely, Malayan Colleges-Laguna, University of Cebu and Far East Maritime FoundationCebu. Analysis. Shortfalls were identified on the activities

MARINO WORLD

of MARINA and CHEd, specifically on programme and course design, review and approval, qualification and training of assessors, instructors and supervisors, and revalidation. There were also shortfalls in the requirements for certification, inspection activities of in relation to the quality management system, programme and course approval, the monitoring and evaluation of training and assessment, the assessment of competence, on-board training, certification and revalidation. For the three METs audited, there were shortfalls on the quality management system, programme and course design, review and approval, the training facilities, the monitoring and supervision of training, the use of simulators, and examination. VCAP. Assessment was not possible to establish whether the corrective measures fully address the identified shortcomings as there are no supporting evidence enclosed to verify or clarify measures taken. Thus, the Philippines must inform EC by 30 April 2018, on measures intended and/or in place supported by factual evidence like revised legislation, guidelines, procedures, updated curricula, programme outlines, copies of certificates, invoices from purchase of new equipment, photos of training and new equipment, statistical information. In case the measures have not formally been adopted by the date of submission of documentation, then a concrete timetable for their adoption should be included in the

documentation. Ho-hum. Atty. Ban-eg announces a Task Force (again!) to coordinate the promos, proposals and projects. The core is education and assessment, the lead are MARINA, CHEd, DEPEd and stakeholders. First bang is the MET conference on Feb. 22 and 23 at Pasay City. She explains the Philippines is not blacklisted, but not out of the woods; an echo of U/Sec Judan’s quip of “not bad, just not good.” That the more important thing is the MSC 100 in IMO comes December, the basis of whitelisting. This is why EMSA deadlines are by October to give time for the IMO assessment. “But we don’t have a monopoly on how to address this. We badly need your help,” assuring a new candor that stakeholders “will receive a full report before we submit that to the EC.” Full alarms are on including the DFA, Office of the President, DOTr, STCW Advisory Council, MHEIs to compose a viable matrix of reforms. Not much to speculate on what but to focus on how. The EC is very specific on things to do with timelines. Only our mañana habit (procrastination) could be the critical challenge.

What-Me-Worry

EMSA A CHECK, NOT AN AUDIT Maritime U/Sec Judan

by Ligaya Caban We are reminded of a put-down on Pres. Joseph Estrada. When allegedly asked to spell “orange”, he asked back, the color or the fruit? This must be the zen perception of Maritime U/Sec Felipe A. Judan of the Department of Transport (DOTr) on the EMSA issue. The concern rocks the entire maritime industry, government frazzled and frenzied on implications and actual impact. Not Judan, optimist and cavalier. He believes a negative finding is not bad, just not good. Yes, axed. At the January 15, 2018 turn-over of command of the Coast Guard (PCG) to RAdm. Elson E. Hermogino, Marino World had an ambush interview with U/Sec. Judan. He confirmed then the ax has fallen but would not be privy to the replacement. The most he shares is that he will oversee pending public announcement since Pres. Duterte has “already identified together with Secretary Tugade” the new MARINA Administrator. While possible to take two government posts, he dislikes the practice and takes a jab against former Administrator Len Bautista-Horn (during the Arroyo presidency). He is already giving almost fulltime to the (Transport) Department and his added task on the (MARINA) Agency will challenge too much. Nonsense. He flatly denies there is leakage on MARINA licensure tests, in spite of mainstream news with police arrests on the matter. U/Sec Judan explains the test questions are banked on the public MARINA website which anyone may study.

There are about 8,000 questions banked and only 20 to 30 are asked per examinee. What question to ask is randomly chosen by the computer --- no human intervention. He accuses corrupt MARINA insiders (“mga tarantadong nasa MARINA”) made up stories that questions were peddled to training/review centers, this illegal downloading caught on closed-circuit tv (CCTV). Judan claims the owners (of the review centers) know they are not the ones who select the questions but the computer. He seems to endorse the Amaro technique of daily pre-selecting some 20 questions which, when correctly answered, already prove the seafarer is sufficiently qualified. But observers are quick to note this practice puts in human intervention; confirms the “garbage” (redundancies) in the MARINA website as 20 to 30 questions are acceptable from the 8,000 banked. EMSA update. Government expects the release by late January or early February of the final audit on Philippine maritime policies and procedures by the European Maritime Safety Administration (EMSA) of the European Union. Judan claims they have updated the local Joint Manning Group (JMG), a major employer/ recruiter of Filipino seafarers on EU flagged and owned vessels. He insists EMSA is not an audit but “just a compliance check”. This EMSA compliance check is different from the IMO audit, Judan clarifies. While most maritime stakeholders are amused on the play of words by U/Sec Judan, they accept two of his points, viz:

•

Problems were not sufficiently addressed for over a decade;

•

Jobs will be hugely affected if a negative audit/check is released.

Ply ahead. U/Sec Judan does not expect a negative appraisal by EMSA. He refuses to comment on Amaro’s termination but gives him a good review. Judan even appears to question if there is really an “Alliance of MARINA Employees” that sought (with Journalist Nelson Ramirez) for a Senate Blue Ribbon investigation on Amaro’s conduct. President Duterte has continued to publicly whip officials who are tabbed with too many overseas travel on public funds. Amaro is a favorite target, notwithstanding then Administrator Max Mejia logged a lot more in an embarrassing campaign for the IMO Secretary-General post. Judan has never reversed Amaro, instead assures MARINA’s roadmap is still Amaro’s Maritime Industry Development Program (MIDP). It was launched in Manila 01 June 2017 with much hoopla before 700 stakeholders, expounding a 10-year program on six sectors: manpower development; ship building, repairs and recycling; fishing and leisure; offshore; domestic shipping and international shipping. Yet to flesh-out workable details, MIDP is the first and only response to Presidential Decree 474 of President Ferdinand E. Marcos, issued 01 June 1974, 43 years back.

MARINO WORLD

NMESAP Gonzales

PAMI Oca

Government Must Shape Up

STAKEHOLDERS IN ARMS ON EMSA by Coca H. Strobar Usually meek being smart on powers of Government, private stakeholders have found unity and courage from the very sword being dangled against them: the EMSA Audit.

The cry is against the habitual subterfuge of Government on intentions and actions. On times it “consults” with the stakeholders, it is already decided and meetings are simply to justify the outlook of bureaucrats.

Despite a case at the Supreme Court lodged by the Regulatory Commission (PRC). Why the rush? To beat the deadline of EMSA on things done on earlier findings on earlier audits.

The twist is clear on collating reactions gathered from the exclusive coverage of Marino World on two conferences after the EMSA Report was made public:

Shape up.

By current appreciation, only 15% of Government submissions were acceptable… thus, the sharper knife and shorter deadlines given by the EC based on EMSA audits since 2006.

•

Feb 9-10, Association of Maritime Institutions (PAMI) 43rd Annual Convention and General Assembly in Cristal e-College, Bohol;

•

Feb 15, Association of Maritime Training Centers (PAMTCI), First General Membership Meeting, Diamond Hotel, Manila; and

•

(Personal inputs from various officers, prominently from Mr. Ericson Marquez, Vice Chair-External Affairs, Joint Manning Group (JMG).

The crux is that EMSA findings are basically shortfalls on the regulators (MARINA, CHEd); that “reforms” are kneejerk propaganda reactions, patchwork at best... pushing the private sector to tag along for “compliance” knowing where their bread are buttered.

MARINO WORLD

There are ambivalence in memos and circulars; some in conflict with others, some others are so impractical they are suspect, supplemented, superimposed. Ironic, since they are supposed to streamline systems, not monkey on operations. An example is the revisions of the Implementing Rules and Regulations (IRR) on RA 10635, mandating MARINA as the single administration to enforce the STCW Convention. While some laws still don’t have IRRs, RA 10635 revisions have impressive timelines: •

Jun 15, consultation with the private sector

•

Jul 08, approval from Dept of Transport (DOTr)

•

Jul 24, approval from MARINA

•

Aug 09, publication on a national newspaper to be a law.

Yeah? Atty. Joy Vera Ban-eg, MARINA STCWOIC Executive Director and MARINA Deputy Director, declares without blinking, “Everything is transparent. There is nothing to hide. There is no secret about this.” Adding, “It is the problem of the entire country,” as the acceptable gall. Some stakeholders hiss on this hand-washing because RA 10635 mandates MARINA with the main responsibility, not drag down the whole country with inefficiency. On good times, MARINA hogs the power; on judgment day, it summons the very victims to the ramparts! No joke, she even appeals, “… it’s about time for us to sit down, yun pong sabi ni Sir Philip (says her boss, Felipe Judan) please

talk to us, please tell us...” This buttering of a superior confirms the main beef of stakeholders that Government ignores them since she does not even know they have been agitating for real dialogue. Only a few. PAMTCI Pres. Arsenio Padilla shares to Marino World that at the early pages alone of the EMSA Report, one would realize there are only few findings on training, the bulk being on the Administration (which is MARINA). Stakeholders are directly affected by the wrong approaches, the bad circulars. When they comply (since they should!), they become part of the error.

Ban-eg goes on the usual parry that MARINA was tasked to craft the EO, without identifying who asked MARINA, that this will go yet to the legal mills. But she shows her slips in three procedural points: exclusive to legal minds, “nothing” to discuss on a draft, “premature” to discuss a proposal. Never learned. PAMI Pres. Felix Oca “The… findings of EMSA from 2006 up to 2017 of non-action with regards to similar findings during the IMO and the EMSA audits” seem to suggest that after over a decade, the Administration

At the PAMTCI meeting, C/E Antonino Gascon Jr., (Pres., Protect Marine Deck and Engine Officers of the Phils) notes the bottom line is that MARINA and CHEd are at fault, not the stakeholders. These agencies must start the change; align what they say to what they do.

A university dean, Gonzales suggests complementation between CHEd and MARINA; that this being a concern in education, CHEd should be the regulatory body while MARINA should be the developmental arm for systemic specialization and avoid overlapping. Gonzales also believes RA No. 10635 has given MARINA much more than it can chew. He points it has no capacity nor the expertise to conduct its own audit. There are also stories from school owners of MARINA auditors blatantly asking for money to give a passing grade to a school audit. Of late, six MARINA employees were caught asking bribes from a maritime training center in exchange for examination leakages. NMESAP endorses CHEd, requesting for the status quo in Section 6.8 of RA 10635, viz: 1. Section 6.8.1 “The CHED shall regulate MHEIs offering METPs in coordination with MARINA” 2. Section 6.8.7 “The CHED shall continue all its other functions in supervising and monitoring the conduct of METPs in MHEIs”

Draft EO. The outspoken C/E Patricio Gonzales Jr., Dean of College of Maritime Education at the University of the Visayas, is also president of the Natl Maritime Education Schools Assn of the Phils (NMESAP). Attracting 20 members to PAMI’s 70, it was organized November, 2017, because of the draft Executive Order (EO) transferring CHEd functions to MARINA. Gonzales stresses “we do not want to be featured as kontra PAMI…this is just the output of a clamor of some maritime schools which they believe have been left out in the industry because of the inaction of PAMI.” At the PAMI open forum, Gonzales confronts Ban-eg, “There are a lot of concerns actually regarding MARINA and CHEd…. Is this (draft EO) the work of MARINA because we have heard so… This EO is very dangerous.”

VMA Esplago

PAMTCI Padilla

has not learned anything, including the Maritime Training Council (MTC) and the MARINA. Observers say we were Number One with MTC in control but went lower when MARINA became the Single Administrator. Indonesia is at the back knocking, yet MARINA crafts an EO usurping from CHEd more turf when MARINA cannot even do well on its present job. To Davao. NMESAP sent a letter to Pres. Duterte in Davao expressing strong opposition to the EO crafted by and granting to MARINA the authority to operate maritime degree programs, currently with the CHEd under RA 7722, Higher Education Act of 1994.

Rush. Atty. Ban-eg roadshows the rush, the deadline of April 30 is barely three months, time is flying so fast. She goes on hyperbole for her boss who says don’t wait for April, do it by February; don’t wait for October --- everyone who matter has been informed like DOTr, DFA, CHEd, STCW Advisory Council, the Office of the President. Once there is a matrix on things to do, “you will receive communication from us” for MHEIs to “(S)how a general view or the general findings on MHEIs so we would have an idea.” But Ban-eg adds an escape parachute for MARINA’s ways: “but again it’s just a finding.”

MARINO WORLD

STAKEHOLDERS IN ARMS ON EMSA

Knife at the back. PAMTCI worries after Michael Esplago, then MARINA MET Supervisor, confirms STCW Circular 2014-01, “Rules on the Preparation and Approval of STCW Circulars,” is still enforced. Esplago was at the PAMTCI meeting as consultant of VMA Global College and Training Centers. He warns against “online” as these appear approved but actually are mere proposals. Circular 2014-001 stirs confusion pointing out with the Executive Director statement the Administrator is not objecting, circulars are deemed approved even un-acted by the Administrator. Stakeholders are wedged between not knowing if they are innocent violators or over-zealous minions. Ms. Merle Jimenez-San Pedro, Chairman of Movement for Maritime Philippines (MMP) and President of Mariners Polytechnic Training Center, reiterates PAMTCI in several fora has already objected to that circular, and says there is no such thing as public consultation via online. Even CHEd

keep complains verbal, they can anticipate the solution: meetings. A member even recalled that on the MTC watch, there were always workshops before any circular is implemented. With MARINA, it is obsessed on just what EMSA wants.

2. All recommendations must be submitted to the STCW Office within those seven (7) calendar days to be given due course; 3. All recommendations must contain: •

Specific provisions sought to be improved or revised;

The gadfly.

•

STCW Circular 2014-01 was crafted by then STCW Executive Director Alvin Tormon, approved by then Administrator Maximo Mejia, Jr. on August 27, 2014, to essentially:

Improvement or revision on the provision, containing the proposed replacement.

•

Legal basis such as STCW Convention or code, international and national law, IMO model courses and others with citation as appropriate;

•

Ensure complete, effective and timely compliance with STCW requirements;

•

On extreme importance and urgency, each proposed STCW circular must substantially meet the general requirements of posting, receiving of recommendations, inclusion of valid recommendation, timely submission to and final approval by the Administrator, and publication

4. The STCW Executive Director submit/ transmit a final draft to the Administrator within five (5) calendar days from last day of posting; 5. Within five (5) calendar days from there, the Administrator may: •

Approve the STCW circular;

•

Make improvements or revisions to it, then approve it;

•

Return it with specific comments on items that may require further improvement; or

•

Take no action in which case after an additional three (3) calendar days, such as STCW

Circular is deemed approved immediately upon certification by the Deputy Executive Director of non-objection by the Administrator. Pragmatics.

WESTBAY Chiongbian

to MHEIs public consultations are person-toperson, never online. On the basis of the Esplago revelation, San Pedro places as top urgent PAMTCI letter expressing its studied position against demanding compliance for unwritten orders. She adds if they do not even squeak and

MARINO WORLD

JMG Marquez

Specifics. 1. Circular originating from STCW Office shall be posted in the MARINA STCW website for seven (7) calendar days, as a means of public consultation to give recommendations/improvements and revisions;

Marquez believes, “EMSA is very serious matter.” On Amaro’s watch, documents were sent to EMSA basically collated by Esplago, then MARINA MET Supervisor. He is one of three acknowledged experts on IMO but, again, he merely bound a collection of inputs, good or not. He resigned November, last year, suspected of being blamed for errors. Marquez’ principals are Japanese and not in the ambit of EMSA. Japan is the largest employer of our seafarers and welcomes Pinoy seamen. The only risk is if EU detains Japanese vessels with Filipinos in the crew.

Wards or victims?

This is a low probability, though. To Marquez, the first error is allowing EU to audit us, a sovereign state. EMSA has no business telling us what to do and not. Our things are the way we do things, hire us on such basis and not on your specs. At worst, give us examinations. Marquez shows the pragmatics: where will Norway get replacement on the 70% Filipinos on its vessels? At the time, wage, expertise and familiarity Filipinos offer at world-class level, EMSA notwithstanding. Each his own. In a meeting with his principal attended by Vietnam, Myanmar, Korea, Philippines and Indonesian, Marquez felt it was just a merrygo-round. Each country has its way, like Vietnam and Myanmar both with only two years of schooling, no type specific ECDIS. When asked how do they comply, they just issue the certificates for no one can question their right to issue. The Philippines is the extreme opposite, grinding our seafarers to submission on the certificate. Yet, MARINA is gelatin on policies agreed upon. It passed a memo that after 11 months and 15 days, one may take the examinations. When CHEd issued a Special Order allowing students to take exams, MARINA balked that even two or three days short, examinees would not be allowed since EU clearly says 12 months (without noting it is not necessarily continuous one year).

Japan and China allow even only six months of structured training, the rest on other training that is job-related on board. U/Sec Judan confirms in a meeting with Marquez (Manila Yacht Club, January 30.) that they are pushing the EO giving MARINA the authority to participate in maritime education and training. CHEd merely shrugs off saying MARINA don’t have the bodies nor expertise, let alone the limited time allotted to comply. Marquez is frustrated on this turf war, on agreements treated like “fake news”, where words and sterling words are recycled for brownies points to retain posts without doing the job. Shipboard training. Westbay College Pres. Benito Chiongbian points to Judan the real problem is that students are unable to find slots for the mandatory shipboard training (SBT). Judan says they are now courting South Korea to donate a SBT ship --- ugly, because the U/Sec is unaware then Administrator Amaro had declined not one but two ships now given to another Asian competitor. Or worst, it could be mema (may masabi lang), Millennial Pilipino slang for mindless chatter. Judan claims understanding the situation being also a shipowner. He defends the P30,000 charge goes to a cadet’s food and not income. He says DOTr is seeking means for SBT vessels.

Experienced. Coming from a family of ship owners, Chiongbian counters, “Why do we have to buy when there are interisland vessels,” with fuel and operations free, officers on-hand, no overhead, all in. Five times Chiongbian had spoken to Amaro in the latter’s office to no avail. It seems there is hidden exploitation of supply and demand: the more officers, the lower are the wages. Chiongbian has been advocating that a matrix be implemented in that the bigger the ship, the more cadets should be absorbed. Compliment this with rotation in batches and time should carrying capacity of the fleet is exceeded. STCW does not require continuous one year SBT. Then MARINA Administrator Vicente Suazo Jr. had initial success in this approach and convincing on the use of interisland domestic ships for SBT. Same old story. Judan confirms MARINA has a good number of vessels re-measured but insists “It still goes to the function of no available aspects of training vessel.” He thinks aloud it could be towards the modernization of our domestic operations, another posturing he ranks with modernization of PUV land transport in Metro Manila and other cities. Perhance, EMSA could level the field to begin again. Properly.

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Leadership

The Commandant with family

HERMOGINO NEW PCG COMMANDANT by Ligaya Caban

Rear Admiral Elson Hermogino took from OIC Rear Admiral Joel Garcia the command flag of the Coast Guard (PCG), the third of the uniformed, security services of the country (the Armed Forces-AFP and the National Police-PNP being the other two).

Tugade thanked Garcia on PCG accomplishments during his 13-months term as OIC and asked PCG personnel to unite and work hard for the organization.

Transport Sec. Arthur P. Tugade presided at the ceremonial rites held January 15th at the PCG national headquarters in Port Area, Manila;

Of the sea.

Hermogino is the 27th PCG Commandant, vowed to do his best, continue developments initiated by Garcia, assuring a proactive PCG under his watch. “Let us all deliver service to the Filipino people that exudes commitment and dedication that we must never fail the expectations of our countrymen.”

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Pres. Duterte signed Hermogino appointment January 4th.

Hermogino was born in San Carlos City, Pangasinan, reared Muñoz, Nueva Ecija, began a military career in 1981 with entry at the Phil Military Academy (PMA), graduating with the Sandiwa Class of 1985. He pursued post graduate studies at World Maritime University in Malmo, Sweden, earning a Master in Maritime Administration in 1996. He rose from the ranks, serving in various PCG stations and regional commands in Bicol, Northern Mindanao

and Southern Tagalog, even commanding major units as the MEPCOM, CG Fleet, and Maritime Safety Services. Hermogino is be-medalled, including the most coveted Command-at-Sea Badge for the command of primary PCG searchand-rescue vessels as the BRP Batangas (SARV-004), BRP Romblon (SARV 3503) and seven others with the Navy. He also holds Coast Guard Legion of Honor and Ribbon (Degree of Maginoo), Outstanding Achievement Medal and Ribbon, Distinguished Service Medal Medal and Ribbon, Gawad sa Kaunlaran Medal, Merit Medal, Commendation Medal, Search and Rescue Medal, Long Service Medal, Visayan Campaign Medal & Ribbon, and Civic Action Medal Hermogino is married to Rutchel, the couple blessed with Reiner John, Renson and Reizels.

Reforms

Jimenez given more fire

JIMENEZ NAMED

PRESIDENTIAL GRAFTBUSTER by Eva Tan

President Duterte dug deep from the maritime sector to power his drives against corruption, picking the firebrand crusader Dante LA. Jimenez as chair of the Presidential Anti-Corruption Commission (PACC). Jimenez is more known as founder and Chair of the iconic Volunteers Against Crime and Corruption (VACC), a no-nonsense, non-government organization fighting for justice for almost two decades. PACC was created October 4, 2017 by Executive Order 43. Duterte signed the appointment last January 12th, including those of the commissioners, Greco Belgica, Gregorio Luis Contacto III and Rickson Chiong.

The main mandate is to “directly assist the President in investigating and/or hearing administrative cases primarily involving graft and or corruption against all presidential appointees.” PACC would have “power, on a complaint, or motu proprio, and concurrently with the Office of the Ombudsman to hear, investigate, receive, gather, and evaluate evidence, intelligence reports, and information in administrative cases against all presidential appointees.” Maritime. Jimenez resigned as Sec-Gen of the Association of Maritime Institutions (PAMI), his last act attending the PAMI 43rd Annual Convention and General

Assembly in Cristal e-College, Bohol, held February 9 to 10. PAMI Pres. Felix Oca is elated they now have Jimenez as protector against mulcting like outright bribes and “consultancy fees” from regulators. March 6th is the tentative schedule for the oath-taking at Malacanang with the VACC family. According to Mariners Polytechnic Colleges Foundation (MPCF) senior staff, April may be an alternative date with the MPCF graduation rites in Legazpi City, Albay. Ms. Merle Jimenez-San Pedro assumed as MPCF President in lieu of Dante.

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Feature

Waloen, Mejlby, Chang and Huerte doing the honors

OSM OPENS NORDIC MARITIME CLINIC by Ligaya Caban

The OSM Maritime Group upgrades health services to its seafarers with the inauguration of its Nordic Medical Clinic (NMC) last January 24th at Daniel Building, Malate, City of Manila. Lead guests were Brith Mejlby and Per-Arne Waloen, the former Project Manager for the Nordic Chamber of Commerce-Phil., the latter Norwegian Maritime Authority Advisor to MARINA. Hosting the guests were OSM Maritime Services Chairman Adonis Donato and daughter, Vice Chair Cheri Marie DonatoVillasin, both rubbed elbows with industry partners and colleagues. The NMC Medical Director, Dr. Margarita Huerte, toured the party around the modern facilities of the clinic equipped for ECG, stress test, audio/optical, dental, psychological, extraction, laboratory, drug testing, x-ray, male physical examinations. Difference. NMC Pres. Jorge Edward Chang expressed the underlying philosophy: “OSM wants to make a difference in the maritime industry. So OSM established a pre-employment medical examination clinic (PEME) that would now offer executive checkup” and a holistic wellness approach to their seafarers.

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Chang clarifies holistic because of “the encouragement to be fit and healthy does not end after the seafarer passed the medical examination but it is a cycle from the daily set put in this clinic until he goes on board and back again for medical check up.” Leveling up. The NMC Vision is to have healthy and health-empowered seafarers who will support the well-being of their families and society. The mission is to provide top quality employment, medical services and promote holistic health education for clients and partners. A lot of better health services are in store for OSM seafarers. It is not only to reduce P&I claims but to support seafarers declared unfit through proper consultations to improve his health and board again. Chang adds, “We want to challenge the maritime industry that PEME should not only be a fit or unfit system. There could be something in between which is the care for our seafarers. For this NMC commitment to provide a health and wellness training -- a proactive approach on health care.” Holistic. OSM President and Managing Director Mailyn Borillo speaks from experience,

crediting Dr. Didoy Lubaton on giving purpose for the clinic and for her own recovery from surgery and hypertension; so with her husband’s withdrawal from maintenance medication. Dr. Lubaton, authored Don’t Let Them Lose You (How to take care of your health so you can take care of others). He is a practitioner specialized on natural, holistic treatment. The doctor met the Borillo couple last year, the wife attending Lubaton’s healing retreats. Ms. Mailyn was so impressed she brought Lubaton and his health programs to the company. There were immediate lifestyle changes like refraining from white, milled rice, drinking more water, fruits rather than meat, more education less chemical medication. Holistic medicine is a form of healing that considers the whole person -- body, mind, spirit, and emotions -- in the quest for optimal health and wellness. According to the holistic medicine philosophy, one can achieve optimal health -- the primary goal of holistic medicine practice -- by gaining proper balance in life. Dr. Lubaton shifts perspective from medication to education in healing. After all, doctor comes from the root word latindocēre which means not to heal, not to cure, but to teach.

Donato, Villasin and Macarubbo with the clinic staff

Health app. Seafarers are lend iPad with teaching modules on health and wellness while at the clinic lounge. Lubaton’s Happy Health App is a series of videos, preparatory to one’s turn, educating wards on health drills, within a four-hour turn-around time.

specialists on all specialties like from the Manila Doctors Hospital with a Memo of Agreement (MOA) for the hospital to accommodate our patients. Results are issued within the day of examinations since some of these seafarers must travel back to their provinces.

Lubaton leverages on the PEME system, believing educating seafarers make the difference. He talks on nutrition, relations, sleep, safety, productive health as major causes of ailments. He is available Wednesday mornings for a one-on-one consultation, even conversation.

The clinic uses digital equipment for more accuracy, faster prognosis, with no human intervention to maintain integrity of the results automatically banked on the system. It normally takes six hours for clearance; those spotted with abnormalities are asked to return for referral to corresponding specialists.

Services.

Complete.

Dr. Huerte says, “Our clinic has partner

Drug testing is a requirement of Government,

not only the procedure but also the integration of the clinic system with that of the Dept. of Health (DOH) and the Natl. Bureau of Investigation (NBI) of the Dept. of Justice. The integration of systems is the most difficult and expensive part of licensing the clinic. The NMC is complete with the licenses, now seeks accreditation from various flags or States. Mr. Richard Macarubbo, NMC Project Manager reveals, “Our timeline is by June this year all OSM seafarers go to this clinic then we start opening it to other manning agencies.”

OSM Pres Borillo with Dr. Lubaton and guests

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OUR POINTS OF VIEW “THE CHIP & THE OLD BLOCK”

RADM ADONIS B. DONATO & MS. CHERI MARIE D. VILLASIN Chairman & Vice Chair, OSM Maritime Services

WOES ON OFFSHORE SEAFARERS It is no longer fresh news Filipino seafarers employed on board offshore vessels operating in the continental shelves, say UK, US and Norway, are subjected to income taxes during the vessel’s operation in the offshore oil drilling.

vessels operating on UK Continental Shelf will be regarded tax liable to the United Kingdom. The employer, shipowner or operator, is required to operate PAYE (must withhold and pre-pay UK tax (and Primary National Insurance or (NIC).

This is a big tax. At an average of about US$1,000/mo. and up to US$3,000 in a 3-month contract is a big discouragement. Sailing on board offshore vessels in the past has been the envy of most seafarers.

OSM’s approach is to pay Phil employees 80% of their salary earned from work on UK Continental Shelf. The remaining 20% will be paid to HMRC. This for covering of UK income tax arising from employees’ basic salary and leave pay, in addition to Primary NIC.

Despite our representation, POEA explains it cannot overrule tax laws of foreign countries. Even probably our Dept. of Finance or BIR cannot alleviate the tax burden despite protection from the international law on Double Taxation. This means workers already taxed in their own country and/or residence may not be taxed again in the country where they are earning. This rule may not be favorable to our seafarers because they are exempted or not paying income taxes in consideration of their big contribution to the Phil. economy. The UK Tax Scheme Phil. employees working on board

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OSM will address claims for applicable deductions, such as Personal Allowances, in connection with PAYE reporting and if required in connection with Tax return filing. If granted, the Personal Allowance may lead to no UK tax on the first GBP 11 000, and hence a tax refund from HMRC. Annual salary over GBP 32 000: •

Withhold 20% of income up to GBP 32 000.

•

Withhold 40% of income from GBP 32 001 to GBP 150 000.

•

Withhold 45% tax of income over GBP 150 001.

Tax treaty effect. Claim based on Tax Treaty rights is to be addressed in connection with tax return filing. OSM Philippine employees should present a Tax Resident Certificate issued by the tax authorities of the Phil. Filipinos are not employed by or paid from a UK company; HMRC-UK must refund income tax paid unless one of the two conditions are fulfilled: 1. Phil employees exceed 183 days in the UK/UK Continental Shelf within a 12 months’ period 2. Phil employees are hired by a company that has created a Permanent Establishment (PE) in the UK. If a PE is created, the company will be tax liable to UK, creating UK tax liability for Phil. employees regardless of the 183-day rule. Efforts. On behalf of both OSM and our seafarers, I am looking at other possibilities on how we can assist our seafarers minimize or exempt them from this taxation. In an MMP conference with Congressman John Bertiz as Guest Speaker, I raised this dilemma. Cong. Bertiz, promised to sponsor a House Resolution for the Dept. of Finance to

explain why it seem not able to assist the seafarers / OFWs in this problem. In a meeting of MMP with the National Coast Watch Council, (NCWC), I brought up the same issue. NCWC promised to bring also the issue in their regular coordination with the Finance Dept. I was asked for more details to which I emailed on Nov 06, 2017 an abstract to Mr. Jessie M. Pascasio, NCWC Director for Strategic Planning and Communications and Dr. Christopher L. Madrigal, NCWC Executive Director copied Ms. Carolyn G. VillagantePAMTCI. Directors. Thank you for fruitful meeting of MMP and NCWC last October 25, 2017 at the GGAO conference room, MalacaĂąan. One matter raised was Filipino seafarers are being taxed by the certain countries when their vessels are working on their continental shelves. OFWs, both land and sea-based, are exempted from paying income taxes. But with the tax regulations from certain countries (like UK, US, and Norway) our seafarers are being subjected to personal tax from their wages. This is a big reduction on take home pay;

most are now refusing to be hired on vessels operating offshore in the said countries, a huge employment lost for our seafarers.

as they are not working nor living in any country abroad but working with shipping companies sailing overseas; their country of domicile is the Phil.

(Editor: For perusal, author repeats the UK Tax Scheme earlier detailed)

In the MMP planning meeting with NCWC for the National Marine Summit set September, 2018, I have asked updates on NCWC meeting with the DOF. I was told that they have brought up our position paper; that DOF has referred the same to its ITAX (international tax office) which is now reviewing the tax treaty with UK to see if there is any way that our seafarers/OFWs can be assisted in this tax burden.

Based on the foregoing, we would like to seek your assistance by endorsing to BIR/DOF the concerns of our seafarers who are adversely affected by these foreign tax schemes. If there is no other way to exempt, our last appeal is for our BIR issue the Tax Resident Certificate as this would, at least, qualify them for a certain exemption. Our seafarers are OFWs but are not truly nor legally migrants

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Governance

Amaro: beleaguered but not belligerent.

AMARO BOWS OUT by Coca H. Strobar Presidential Spokesperson Harry Roque confirmed January 4th on national television President Duterte’s axing Maritime Industry Authority (MARINA) Administrator Marcial Quirico Amaro III due to reported excessive trips abroad. Marino World was the first granted an interview by Amaro at the Solanie Hotel, Malate, Manila, January 17th. He confirmed the 21 trips but reiterated these are obligatory on his post, not ceremonial nor for staff work, not junkets. He claims the trips generated more for the country than the expenses incurred. Some were even funded by the party or country which invited him to be speaker.

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Amaro says he holds no regrets, can look straight to anybody’s face for having no issue on any graft nor corruption. He even swiped on detractors now happy he is gone; some so eager they were caught selling MARINA data (alluding to report MARINA insiders were caught selling answers to examinations).

confidence, and lack of a replacement. Amaro even believes PD 474 creating MARINA provides the President “may remove the Administrator or Deputy Administrators from office for cause upon recommendation of the Board.” He does not believe his case passed such “Board.”

Quick job.

Continuity.

In two hours after Sec. Roque’s announcement, Amaro’s email was deactivated. His boys were also not re-appointed and this created a critical vacuum in daily operations, particularly that of Capt. Alfredo Vidal’s posting.

Amaro appeals for MARINA to continue his reforms for progress. He took this spiel to agonize that even his turnover in Singapore of his two-year TWG Chairmanship was lumped as junket.

There is no formal turn-over for lack of

Amaro considers his MARINA service highlight the 10-Year Maritime Industry Development Plan (MIDP) to be

streamlined and flesh-out this June, awaiting Duterte’s Executive Order for multi-agency coordination. He quotes Johan Roos, Interferry Regulatory Affairs Director, “We are very pleased to see the strong turnaround made by the Philippines who with the enforcement of new regulations has significantly improved its performance. The new regulations made the domestic fold to international SOLAS convention” which requires IACS class for imported ships limited to maximum age of 20. And more. Surprisingly, even detractors point to Amaro’s good work, like that of postings on 02 September, 2016, on Tinig ng Marino FaceBook of Engr. Nelson Ramirez, an arch-critic.

since 1995 of Ramirez’ United Filipino Seafarers (UFS). •

Stopped the usurious uniform rental and the exorbitant selling of documentary stamps and envelops

•

Stopped the very expensive training for Electro Technical Officers which could have cost over half a million pesos wherein now it is just an assessment which is free.

“Jagger” will take over MARINA after his retirement from the AFP at 56, a trend now in the Duterte administration.

•

Adopted solutions to the perennial problem of MLC and OLC.

•

Adopted solutions to the A.B. Deck and Engine Ratings to save them from extra ordinary expenses.

JMG Vice Chair-External Affairs Ericson Marquez is more circumspect, “We don’t want to comment on whether it’s bad or it’s good” on a decision of the President. Marquez would rather give a fair chance to whoever is picked.

•

Assessment of ratings with experience is already abolished. Interview with the seasoned seafarers in MARINA will replace this assessment.

•

Investigated the 4,000 lost COP certificates which landed in the hands of fixers

In 49 days as MARINA Administrator, Amaro has: •

•

Crushed the anomaly on Board examinations and stopped the leakage or anting anting (amulet, slang for leaked answers). For the first time in licensure examinations, test questions are published which is an advocacy

Rey Leonardo B. Guerrero, currently serving as Chief of Staff of the Armed Forces of the Phil (AFP). He is a PMA Maharlika Class of 1984, served in Presidential Security Group (PSG) to protect then Pres. Gloria Arroyo.

Administrator. As of press time, front runner as MARINA Administrator is Army General

Look-see.

He only qualifies, “We know that there is a disadvantage of putting somebody who is not part of the industry who still have to learn.” He also points out the advantage of an outsider coming in with an open mind to objectively evaluate problems, a trait expected from a reputable and respectable military man. Sec. Tugade aligns himself, expectedly, with the government position and says, “You have to trust the moves of the President.” He also assures the Administration will “always be fair.”

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Marino World has planned for a pooled feature on the impact and implication of the recent leadership change in the MARINA. We requested for comments from respected stakeholders, expecting the usual responses that are more for quotes than quantification. Instead, what reverted was serendipity --- pleasant surprises given the caliber and incision of the responses. Mea culpa, mea culpa maxima, we are running those as full articles. Three common questions were asked. While all wrote on these, most expanded to concerns we should have asked for, in the first place.

CAPT. JEFFREY SOLON

COORDINATE THE FRONTLINE Capt. Solon is a PMMA alumnus, the CEO of Centennial Transmarine. An experienced crewing manager, a curriculum developer and training designer. He is an inspector for Panamanian Flag Vessel since 2008. He develops Ship and Port Security manuals; Lead Auditor for SMC Recognized Security Organization (RSO).

Flag State. This is the authority to implement international and local regulations of a merchant vessels under its jurisdiction. Flag state is responsible for the issuance of various certifications to which vessel should comply with (on safety and MARPOL standards by which the Philippines is a signatory). The Philippines has less tonnage registered under MARINA for international waters. However, the Philippines must meet the standards as Flag State Administrator since we have vessels under different Flags calling on our ports. MARINA has the Coast Guard (PCG) as its arm as the Port State Control for MARINA directives at par with the international standards. This is necessary so that we will be recognized by other Flag States that their

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registered vessels are inspected by our Inspectors also with the same standards. Frequent changes. The administrator should be a career position and not a political appointee. This way there is continuity of the programs in MARINA. Different administrators have different outlooks due probably to vested interest. This is why I consider this as a bad approach. We have a lot of qualified people in MARINA. They donâ&#x20AC;&#x2122;t have political backing, they remain stagnant in their positions. On STCW. STCW is not a rocket science and the Philippines should not be behind on this. The front lines of MARINA and those people under the STCW office are not well-coordinated. We have various

concerns wherein circulars issued and posted in the website are totally different from the requirements of the front liners. Thus, our seafarers are going back and forth to get their COP and COC done. For example under the STCW it clearly mentioned that the AB Deck should be able to operate the survival craft and rescue boat as a Competence. The method for demonstrating Competence is Assessment of evidence obtained from approved training and experience as set out in section A-VI/2 Paragraph 1 to 4. MARINA is not requiring our Ratings opting for COP II/5 the Proficiency and Rescue Boat. On what basis, we donâ&#x20AC;&#x2122;t know why not. Less expenses for our seafarers for training but our principal find it ridiculous why MARINA did not require this while the rest of the world do.

CAPT. RICHARD B.S. TEO

IMPROVEMENT WITH CONFUSIONS Capt. Teo, FNI FCILT MAICD, is MSc MIM GradDip Bus; BTeach (Adult-VocEd) Dip (QA) Cert (TAE10 & TAA4); Educational, Business and Management Consulting; Change Manager-Formateur; GlobalMET Board Director; Fellow, Chartered Institute of Logistics and Transport.

Flag State.

ourwork/msas/pages/portstatecontrol.aspx.

The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or licensed. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change registry. The flag state Administration has the authority and responsibility to enforce regulations over vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and pollution prevention documents.

Frequent changes.

As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an admiralty case. An administration offering ship registration— as most countries do—is referred to as a flag State. As a flag State administration, each is responsible for making sure Flag-owned and registered ships comply with international conventions in home waters and overseas. Flag states are provided with extensive powers of oversight and control of the safety of ships flying their flags, with specific obligations for the inspection of their ships, jurisdiction and administration of the owning entities, the Master and officers and crew of the ship. They are required to provide “their” ships ... (http://seafarersrights.org/flag-stateresponsibilities-and-seafarersrights/) The smooth operations of global freight, transport and associated industries are dependent on flag states complying with the international standards (i.e., conventions, laws and regulations for ship operations, freight movements, responsibilities and liabilities for personnel, their health and safety and equipment at all times). The Flag States through its Port State Control may do on foreign ships calling on their ports things detailed at http://www.imo.org/en/

establishments are still high school based pedagogy-methodology, didactic, rote and onerous written examinations, i.e. knowledge-based learning by subjects, that do not have performance criteria and outcomes that connote as competency standards.

Good or bad depends on the circumstance that cause these disruptions, considering: •

Improve the leadership and management

•

Weed out corruption if investigations find evidence, not from just hearsay

•

Succession management plans as scheduled

•

Random appointments without due process is avoided

•

No favoritism, nepotism

•

Systematic and logical action to change for the better

On STCW. There is marked improvement but confusion and misunderstanding unless these are resolved: •

National standards of competences that reflect the STCW and better for the various qualifications are not identified wholly and clearly

•

No National Qualifications Framework (NQF)

•

No equivalent qualifications level between MET and other tertiary qualifications. The NQF should resolve this

•

Development and Training for MET teaching staff not in place. National standards not agreed or promulgated nor published. Majority of training

•

The STCW is a performance based - goal standards qualification framework. The principles are ignored. Delivery and Assessments are not competency based.

•

Delivery of training programs or courses must be: o Adult-based education/andragogy o Competency standards to performance-based outcomes o Each competence must be properly described and assessed against the performance criteria o Assessments are continuously performed to ensure continuity of correct actions with the required knowledge, skills and performance attitudes ( KSA), that embraces the STCW guidelines on Knowledge -understanding-proficiency (KUP) o Academic knowledge must be in accordance with the right amount of volume of learning that shows sufficiency of knowledge to perform the skills and undertake the various roles with the proper conduct and attitude o Superfluous information and memory work must be avoided. Memory tests do not prove competence.

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F.R. CHOWDHURY

FLAG ADMINISTRATION AND MARINA Mr. Chowdhury (<fazlu.chowdhury@btin) is London-based, recognized maritime expert and had been, among others, Commandant of the Bangladesh Maritime Academy, Director-General of the Bangladesh Dept. of Shipping, UK-MCA Deputy Chief Examiner and Maritime Administrator of Gibraltar. Flag States. The Law of the Seas Convention (UNCLOS-82) is the paramount sea-related convention signed by UN members and UN agencies. It recognizes, as well, aspirations of land-locked countries (like Ethiopia and Mongolia) to also have ships registered under their flags. Obviously they should also have dedicated administration to exercise jurisdiction over its ships to ensure they comply with international standards of safety, security and protection of the marine environment. A state with coast line is referred to as maritime administration because even if there is no ship under its flag, it will still have responsibilities for being a coastal state and a port state. A maritime nation that has its own register and a coastline has three roles: coastal state, port state and flag state. We shall talk on the Philippines as maritime administration, instead of flag state administration. Registers. The world has witnessed changing patterns of maritime administration; some have Open Register that may include foreigners with their nationals. Open Registers normally operate on tonnage tax/ capacity tax instead of corporate tax based on actual profit. This simplifies taxation, provides diversity, created the vast employment for seafarers from the third world countries. However, some sell their flags to the highest bidders, like those operated by private companies from abroad purely to make money. They have no administration nor monitoring nor control, leave everything with classification societies. They have no consideration for safety of life, property or environment; even do not know how many ships are there under their flags. Whether to operate a Close or Open Register is for the state to decide. But a state must not part away its sovereignty to be played around by unscrupulous businessmen. States are parties to international treaties

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and protocols and cannot lawfully separate operation of a register for commercial gains and forget responsibilities of being a maritime administration. Teaming. Maritime administration cannot work in isolation. In an international context, it works with IMO and also with ITU, ILO, WHO and FAO. In the national context, it works with agencies for tele-communications, ministries of labour, of health and of fisheries. All maritime-related matters must be represented by a single organization as the maritime administration where all other agencies will input. Maritime administration may delegate functions but not the responsibilities. This is why maritime administrations are required to have their own competence so that they can audit the recognized organizations/ classification societies as to how well they are performing the delegated functions. A state may delegate all except two which it must perform directly: (1) issue of SMD (safe manning document) under SOLAS-74 and (2) issue of competency certificates under STCW-78. Own creation. As labour- supplying, the Philippines concentrated on training of seafarers. But it suffers from problems of its own creation. Too many agencies are involved: MARINA, PRC (Professional Regulatory Commission) and Technical Education Board. It was difficult to coordinate and maintain standard. The European Commission (later, EMSA) expressed dissatisfaction, even threatened to withdraw recognition of certificates issued by the Philippines. Further time and audit were allowed with the timely presidential decree that assigned to MARINA all matters related to STCW on training and certification. Start-up. MARINA asked for my services to retrain

staff so it can operate a quality controlled system. In March, 2014, I spent two weeks in Manila to conduct seminar/workshop for MARINA staff who I found very enthusiastic and keen. The training session started things to move on the right track. Now that MARINA staff got a clear idea of correct interpretation and implementation of STCW-78, they can move forward with further development (like its own Cadet Training Record Book). Time has come for Philippines to move forward â&#x20AC;&#x201C; from mere supplying seafarers to becoming a maritime nation. This will require a national maritime authority or agency, perhaps on the same line as UK-MCA (Maritime & Coastguard Agency) where the Coastguard unit specialises in Search and Rescue (SAR) and combating accidental pollution. Decisions. MARINA has developed specialization in a field vital to Philippines and it must form a part of this new maritime administration. Perhaps the country will require a new comprehensive merchant shipping law to reflect policy. It could go for a partially Open Register where ships under 20,000 GT will remain reserved for national ownership (to protect coastal and inter-island shipping) and allow larger ships under foreign ownership to be registered in Philippines. The law should provide litigation and arbitration facilities for settlement of commercial disputes under international conventions, practice and procedure on matters such as carriage of goods, passenger and luggage, claims and arrest of ships, salvage, charter-party disputes. The government may appoint a highpowered commission to review matters and make specific recommendations. Let this be the first step towards development of the shipping and maritime sector of Philippines.

COMPASS CONTINUES ADVOCACY ON COMPETENCE Some firms compensate with glittering words what they lack in action. Not COMPASS, outdoing itself from that corporate commitment of providing better services. This is fleshed out by the launch February 8th of its world-class mooring facilities at the posh C-nergy International Leisure and Convention Center in upland Silang, Cavite. This reflects a corporate commitment on continuing advocacy for seafarers’ competence, echoes Capt. Antonio Burguete Jr., COMPASS Board Chairman. This was strengthened by honors given to AB Gilbert Raganit to cut the ceremonial ribbon assisted by Mr. Dakila Villanueva, president of COMPASS Training Center. Villanueva confirms the gesture sends the message on its advocacy to put premium on the needs of seafarers. “COMPASS does everything first and foremost for the seafarers. We want to provide additional competence leading to enhanced safety. We want

to give seafarers the training that they deserve,” the president emphasizes. Hundred of guests came in throngs from 72 companies in the maritime industry. They watched on a live demonstration of a safe mooring operation by Capt. Eric Roy Gepilano, acting as Master with Officer-on-Watch 2nd/Mate Nikolai Macadaeg and Bosun Alfidel Divinagracia. It is very important for seafarers to undergo training on safe mooring as this task is the seventh most frequent cause of accidents, the third most expensive in claim value, notes Chairman Burguete. The successful launch was made possible through coordination with four affiliate companies, like COMPASS Center for Leadership Management and Governance (CCLMG), COMPASS Offshore, COMPASS Brew and C-nergy International.

Abstracted from the COMPASS Gazette. MARINO WORLD

FILSCAPTS VP Quinones and Pres Del Prado

FILSCAPTS FORUM DIGS DEEP The Society of Filipino Ship Captains (FILSCAPTS) tackles bread-and-butter career issues in its Marine Officers forum at the AMSOUP Convention Hall, Intramuros, Manila last January 31st. The approach is clear on the theme: MARINA-STCW Administration on Seafarer’s Education, Training, Assessment and Certification – Its Impact to Marine Professionals and Practitioners. Topics. The open forum triggered lively views given the frankness, like: 1. What can be done if fellow professionals exacerbate reported corrupt practices in MARINA which affects them? 2. What can be done to improve the situation of seafarers not organized nor united to protect professional interests? 3. What can be proposed to MARINA to identify problems that delay acquisition of COC/COP certificates? 4. Many seafarers are not familiar with STCW rules nor fully understand the requirements and the need to comply. Can MARINA help to make seafarers aware of what to comply with?

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Pres. Victor Del Prado confirms FILSCAPTS has written a bill of particulars to be submitted to Transport Sec. Arthur Tugade, copied Maritime U/Sec Philip Judan, MARINA-STCW Office OIC Joy Ban-eg and the Office of the President. The forum for FILSCAPTS officers and members also attracted Capt. Edwin Itable, president of Masters and Mates Association (MMAP); C/E Gilbert Milana, president of the Organization of Marine Chief Engine Officers; former and present MARINA Board of Examiners. Integrated. Capt. Del Prado appealed for unity, taking the Phil Medical Society as an example. He also called for the inclusion of other maritime skills like electricians and ratings. The name could be Integrated Marine Professionals or Practitioners, reach out to schools and

alumni associations --- let them be “part of this take-off.” VP and Capt. Jaime Quinones exploded with advocacy and retorts, noting even the industry Party-List representative to the Lower House is a lawyer, not a seafarer. He disagrees with RA 10635, a “deterrent” to unity. He goes on a pun that they are like the Air Force, more of air than a force even if they have the numbers. He looks towards the amendment of RA10635 and its Implementing Rules and Regulations (IRR) for, among others, mandatory membership of all professionals and ratings. This should lead to discipline and “raise ethical standards” of the profession.

Board of Examiners

San Pedro gathers the stalwarts

MMP CALLS FOR ACTION ON MARINA “Quo Vadis?” asks the Movement for Maritime Phil (MMP) on the maritime industry in a forum January 31 at the Manila Yacht Club. High-caliber industry pillars were on hand: •

Ms. Merle Jimenez-San Pedro, MMP Chairman

•

Engr. Felix Oca, Pres., Association of Maritime Institutions

•

Capt. Arsenio Padilla, Pres., Association of Maritime Training Centers Capt. Jess Morales, Pres., Integrated Seafarers of the Phils

•

RAdm. Adonis Donato, OSM Maritime Chair

•

Atty. Brenda Pimentel, Pres., PhilMaritime Research, Studies and Services

They were joined by Capt. Rodolfo Estampador, Confederation of Ships Manning Agents and Allied Maritime Institutions

vacancies on senior operational posts. MMP also calls for a National Maritime Agenda (NMA), an integrated development plan jointly crafted with government. It recalls the country as top provider of competent seafarers, until recently overtaken by China. Nevertheless, the number is impressive: 65,000 officers and ratings with bulks in Japan and the European Union (EU) and her member states.

Operations and Administration and Planning; •

Address directly the findings of the Philippine Independent Evaluation and the EMSA evaluation by producing the copies of the following documents:

•

Phil Report to IMO *

Phil Independent Evaluation Report (November 2016 results)

Filipino seafarers bring in some US5.5billion worth in 2016 alone which could help the national economy to take-off on other sectors and areas of the archipelago.

Corrective actions on the findings of the Phil Independent Evaluation

EMSA Evaluation results

Problems.

Corrective actions on the finding of the EMSA Evaluation

MARINA, the Single Maritime Administration, is mandated to oversee the country’s maritime affairs and settle questions whirling around the maritime community.

Capt. Edwin Itable, Masters and Mates Association of the Phils; C/E Rody Virtudazo, United Filipino Seafarers and C/Mate Michael Esplago, former MARINA Maritime Education and Training Supervisor.

Still unresolved are the issues between the Philippines and maritime regulatory bodies like the Intl Maritime Organization (IMO) on STCW compliance. There are issues on EU’s European Maritime Safety Agency (EMSA) audits, with so many negative findings yet to be understood by local stakeholders, frustrated by turf wars between regulatory agencies.

Priority.

Things-to-do.

The common call is to immediately name the MARINA Administrator and appoint the key positions therein. MMP is alarmed on the vacuum in leadership and growing

MMP itemizes a wish list: •

Appoint immediately the Administrator, the Deputies on

•

Address these other urgent issues: *

Issue a joint MARINA-CHEd Circulars on Monitoring of MHEIs

Hire 14 Technical METSS

Review of the IRR of R.A. 10635

Align the relevant CMOs and STCW Circulars

Review all STCW circulars and advisories to ensure compliance

Additionally, MMP invokes the Freedom of Information Law to be enforced to the hilt in the interest of good governance. With better access to public information, our people are made more aware of happenings in our bureaucracy and be guided to act responsibly.

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PCG Hermogino, Amba Haneda, DOTr Tugade & JICA Ito

PCG TACKLES MARITIME TRAFFIC by Coca H. Strobar

The Coast Guard-Central Visayas (CGDCV) addresses the maritime traffic along the Cebu-Mactan Channel with the first Vessel Traffic Management System (VTMS) composed of a Control Center at the CGDCV headquarters and strategic radar stations each at Talisay, Bantalinao, and Interbridge for full coverage of vessel movements.

Rear Admiral Elson E. Hermogino, PCG Commandant.

Turn-over ceremonies were led by DOTr Secretary Arthur Planta Tugade as Guest of Honor and Speaker at CGDCV, Pier 3, Arellano Blvd, Cebu City, February 12th.

The Project is a combination of advance navigation and communication systems to implement Vessel Traffic Services (VTS) by a competent authority like the PCG for safety and efficiency of maritime traffic, of life at sea, protection of the environment per IMO Resolution A.857(20).

Tugade was joined by Koji Haneda, Ambassador Extraordinary and Plenipotentiary of Japan to the Phil. and

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The VTMS is a component of Project for the Enhancement of Coastal Communications System under the Japan International Cooperation Agency (JICA) Official Development Aid (ODA)/ Grant Aid of Yen1.152 billion.

Cebu Port is the second largest domestic port, a maritime hub for the Visayan region, one of the busiest and blemished with collisions like that of the passenger ferry M/V St. Thomas Aquinas (operated by 2Go Travel) against the cargo ship M/V Sulpicio Express Siete (of the Phil Span Asia Carrier) causing the Aquinas to sink on 16 August 2013. The captain of Trans Asia Nine, a cargo ship in the area of the incident, testified at the Special Board of Marine Inquiry August 23rd, the Siete was in the inbound lane instead of the outbound line causing the collision, death of 55 with 65 missing and 750 rescued.

STORIES OF MARINERS

Garcia: multi-event in sports is multi-tasking in life

GARCIA FLEXES FOR IRONMAN by Ligaya Caban This global sports sensation has raced to Philippine soil with a Cebu Gems Innovation and Career Development Center cash grant to PMMA MultiSports to develop Ironman races. The physical grind is patterned after Ironman Triathlon, a series of longdistance races organized by the World Triathlon Corporation (WTC), consisting of a 2.4-mile (3.86 km) swim, a 112-mile (180.25 km) bicycle ride and a marathon 26.22-mile (42.20 km) run, raced in a day without a break. Most Ironman events have a limited time of 17 hours to complete, starting 7:00 a.m.; 9:20 a.m. cut off for the swim (2 hours 20 minutes); 5:30 pm cut off for bike (8 hours 10 minutes); midnight cut off for the marathon (6 hours 30 minutes). One who completes the triathlon in these timings is an Ironman.

Annual.

Management 101.

The sports is now the Ironman World Championship held annually in KailuaKona, Hawaii, since 1978, preceded by qualifying events. Known for the gruelling length and harsh conditions, Ironman has earned an Emmy Award-winning television coverage.

Gilbert observes some feel they do not have enough time to train while keeping a balanced life. But those passionate for the sport have great flexibility, they train around meetings or work.

Pinoy pride. Our Capt. Gilbert Garcia is a rare twotime Ironman finisher, 2015 in Malaysia and 2017 in Korea. He is GM of Senator Crewing-Manila with a 1,500 Filipino crew pool. The captain is married, with two kids, and spends time training in between family and work. Garcia believes in business, synergy is expressed as the whole is greater than the sum of its parts. In triathlon, this translates to smart training: series of workout blocks rather than a single exercise. Gilbert does not worry if he misses workout for the day; it can be compensated the following day.

One may lose motivation juggling family life, career and triathlon. But Gilbert smartly “change gear when workouts become more like work than play.” He gets others into the picture, even office staff to participate into local fun runs. Once, he managed to convince his wife to join an Ironman 70.3 relay. She did the 21km run and Gilbert the rest. Capt. Garcia confesses racing Ironman year after year does not get easier but “you just become tougher and smarter. At the end, the sport brings perspective in life that a balanced & healthy lifestyle can bring success both in the tough race course and in a demanding career in crewing.”

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CEBU GEMS TREATS PAMI Cebu Gems Innovation and Career Development Center (Cebu Gems) toured participants of the Association of Maritime Institutions (PAMI) 43rd Annual Convention and General Membership Meeting, last February 9 to10. The nature break is well-deserved after the serious discussions on major issues. The guided sweep into the wonders of Bohol included a visit to the Tarsier Sanctuary, home to the world’s smallest marsupial and endemic to Bohol and a few Mindanao habitat. They also were amazed by the Chocolate Hills, hectares and hectares of uniformed small hills aligned as in automatic chocolate production, a geographical formation scientists could not explain to date. They were catered to fresh and sumptuous food at Rio Verde Floating Restaurant, cruising the clean river starting from Loay, plus a short cultural show from an indigenous people (Aeta) at the Loay poblacion (town center), some 18 kilometers from Tagbilaran City. Cebu Gems maintains excellent rapport with maritime schools, even with a service branch in front of Cristal e-College, official host of the convention.

SHEroes -- WOMEN OF IMPACT By Remy C. Datu PROJECT GUIDE

The Junior Chamber Intl -Paranaque Asinderas (JCI-Paranaque) joins the world in celebrating the International Women’s Day, a strong gender-equality project pushed by the United Nations. Atty. Mariel Josine David, 2018 LO President of JCI-Paranaque and Director of Pal Maritime Corporation, secured also the support of the Rotary Club of Makati Buendia (RCMB) which agreed to co-host the project. In the package is a panel discussion of about 35 people on the challenges of being a modern Filipina, slated Thursday, March 8th, 7:00pm, Tiara Oriental Hotel, Makati City. Basis. JCI-Paranaque Asinderas is a non-profit leadership organization to encourage the young to be active and participate towards social change. The JCI tenets and the UN Sustainable Development Goals (like No. 5 - Gender Equality) have influenced JCI-Phil to declare Pinay Power as a priority

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national project. This seeks to promote as recognized and given a minute to awareness on women and their expound; an extra two minute for closing. Project Name: SHEroes: WOMEN OF IMPACT situations, to encourage development and Panelists. empowerment for theProject modern Filipina. brief: SHEroes is a panel discussion on the challenges of a modern Filipin featuring women from various professions and industries.

Outstanding ladies from various fields Atty. Mariel says, “Among JCI thrusts invited to be7:00 panelists, and time: Marchwere 8, 2018, Thursday, P.M. like: for the year is womenDate empowerment by reduction of gender inequalities. Venue: Tiara Oriental Hotel Judiciary, then Judge Marjorie UyengcoHence, the decision to join celebrations of International Women’s Day on March 30 paxNolasco Estimated audience: 8 with a Pinay Power project named RotaryLaw, Club ACP of Makati Buendia Christine Dianne Songco “SHEroes: Women of Co-host/s: Impact.” Poster:

This project is a panel discussion on challenges faced by the Millennial Filipina and features outstanding women from various disciplines and endeavors. Format. The discussion will cover set questions but may morph to other topics depending on the flow of the discussion. Panelists will each be given three minutes tell what they do and what they intend to share. The moderator will ask a series of question; any of the panelist may answer

Public Service, Atty. Kaye Danica Catapang Education, Atty. Giffany Tongohan Social Change, Ms. Ma. Khristine Fullante Business, Ms. Ana Angelica Ricafrente Mass Media, Ms. Lyn Bacani Engineering, Engr. Sheena Cari-Roxas Social Media Management, Ms. Missy Monterubio Medicine, Dr. Loraine Adeline B. Nicolas Maritime, Ms. Abegail Vera Albis

The 5th

SHIPb2018 uild Philippines

2018

OFFSHORE

2018

PHILIPPINES

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