eing the oldest and the only humanitarian armed service of the country, the Coast Guard prides

itself of rich legacies that can be traced back from its inception in the early years of the twentieth century. Coast Guard functions were earlier related primarily to the protection of the customs service in safeguarding revenue collections and patrolling the countrys coastlines and harbors. When the Americans came in 1898, one of the first steps undertaken by the Military Government was the reopening of the port and customs facilities of Manila. The Insular Government through the Philippine Commission enacted on October 17, 1901 a law creating the Bureau of Coast Guard and Transportation. The Captain of the Port was designated as the bureau director. The bureau was placed under the Department of Commerce and Police. The lighthouse service was under this bureau. A year after its creation, a coast guard fleet of fifteen steamers built in China and Japan, were acquired. The ships were assigned for the lighthouse service, for inspection trips of top government officials, for transport to Culion, for patrolling against illegal entry of aliens, and also for troop movement of the Philippine Constabulary. When the Bureau of Coast Guard and Transportation was abolished under Philippine Commission Act No. 1407 on October 26, 1905, its functions were taken over by the Bureau of Navigation. This bureau was authorized to create a commissioned and enlisted service within the agency, and to adopt its own manual of courts martial patterned after the U.S. Navy. When the Bureau of Navigation was abolished on December 19, 1913, its property, equipment, personnel, functions and duties were transferred to the Bureau of Customs and the Bureau of Public Works. During the Commonwealth era, the Bureau of Customs succeeded in maintaining a disciplined and well-trained uniformed service force manning the coast guard cutters and operating the lighthouses. The Bureau of Public Works took care of the construction and repair of lighthouses and port facilities. In the early years of the Philippine Republic, the Philippine Naval Patrol, which eventually became the Philippine Navy, absorbed some of the coast guard functions. In 1948, the revenue cutter service and the lighthouse service were transferred to the Philippine Naval Patrol. On August 6, 1967, Congress enacted a law creating the Philippine Coast Guard as a major unit of the Philippine Navy under a flag officer. By virtue of Republic Act No. 5173, the PCG was activated on October 10, 1967 and the coast guard functions of the Bureau of Customs were transferred back to the PCG, with the Board of Marine Inquiry in addition. In view of the clamor to separate the Coast Guard from the Department of National Defense, Executive Order No. 475 was issued on March 30, 1998 Transferring the Philippine Coast Guard from the Department of National Defense to the Office of the President. The Executive Order provides inter alia that the PCG shall continue to be the agency primarily responsible for the promotion of safety of life and property at sea and the protection of the marine environment as mandated by RA 5173, PD 600, PD 601, PD 602, PD 979, as amended. Subsequently, after a short transition period, Executive Order No. 477 was issued on April 15, 1998, providing for the transfer of the PCG from the Office of the President to the Department of Transportation and Communications. The transformation of the PCG into a non-military organization has a tremendous positive impact and far-reaching significance as it continues to undertake various humanitarian missions. After 12 years since the transfer of the PCG from the DND to the DOTC, the 14th Congress paved the way for the enactment of the Coast Guard Law of 2009. On February 12, 2010, Her Excellency President Gloria MacapagalArroyo signed Republic Act No. 9993, an act establishing the Philippine Coast Guard as an armed and uniformed service attached to the Department of Transportation and Communications. Under the new law, the PCG has the following core functional areas; maritime search and rescue, maritime safety, marine environmental protection, maritime law enforcement, and maritime security. Through the years, the Coast Guard continues with its time-honored tradition of humanitarian service, always ready to answer the call of duty.

OFFICE OF THE SECRETARY Department of Transportation and Communications Mandaluyong City

MESSAGE

My warmest congratulations to the men and women of the Philippine Coast Guard to whom a fresh mandate has been conferred with the passage of Republic Act 9993, otherwise known as the Philippine Coast Guard Law of 2009. For many years now, the Government has been working to develop the maritime sector as a pivotal component of Philippine economic development. The coming into force of RA 9993 is a very valuable outcome of this effort and an unambiguous recognition of the important role that the PCG is expected to play in nation-building. I am confident that the aspirations of the Filipino people for a progressive maritime sector, thriving in a safe and secure maritime setting, is rightly entrusted to the care of the PCG through the enactment of this law. Your organization is home to men and women who persevered to perpetuate a culture of maritime safety, security, and environmental protection through years and years of experience and achievements. Since the establishment of the PCG, the spirit of innovation and can-do attitude of its officers, men and women successfully bridged the gap between limited resources and mission attainment. With the passage of RA 9993, we look forward to a remarkable voyage ahead with your renewed mandate and capabilities. Once again, congratulations and I wish you fair winds, clear skies and following seas into the future.

LEANDRO R. MENDOZA Secretary

OFFICE OF THE UNDERSECRETARY FOR MARITIME TRANSPORT Department of Transportation and Communications Mandaluyong City

MESSAGE

Warmest congratulations to the men and women of the Philippine Coast Guard (PCG) as you celebrate the passage of Republic Act No. 9993, also known as the Philippine Coast Guard Law of 2009. The PCG has never ceased to be in the forefront of its high-risk and life-threatening role as the guardian and protector of our seas, vigilantly performing its multifarious mandate of ensuring safety of life and property at sea, marine environmental protection and maritime law enforcement and security. Our limitations for sophisticated material assets have been aptly compensated by your unequivocal commitment, devotion to duty and your indomitable courage and bravery as Coast Guardians. This is the quality of service that incessantly brings pride and confidence to the Filipino nation. I commend you for your outstanding performance and considerable contribution in pursuit of maritime safety, security and environmental protection. Your achievements reflect the dedication and unwavering commitment of the PCG to its patriotic duty to serve the nation. The passage of the PCG Law of 2009 manifests the renewed trust and confidence the government and the nation have bestowed to your organization. Continue to sail on and weather every storm that threatens your way. Keep your direction focused towards the accomplishment of your reinforced mission, look after your men, maximize the utilization of your resources, and strive for modernization so that you may serve the Filipino nation better. Let us therefore be united in all our efforts, for in solidarity, we shall conquer all the challenges that may come our way. Once again, congratulations and Mabuhay ang Philippine Coast Guard!

GEN. THOMPSON C. LANTION (Ret) Undersecretary for Maritime Transport

TANGGAPAN NG KOMANDANTE OFFICE OF THE COMMANDANT PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS (Headquarters Philippine Coast Guard) 139 25th Street, Port Area 1018 Manila

MESSAGE

One hundred and eight years ago, the Philippine Coast Guard came into its existence with the very key purpose of protecting the lives of the people and guiding navigators to safely traverse our seas. In 1998, our separation from the Philippine Navy, had brought us out from the limiting shell of the defense establishment. With high hopes and aspirations, we braved the long years of humble existence and modest resources, hoping that soon, we will eventually navigate on our own an independent, reliable and capable humanitarian service that must always be ready to answer the call of duty. With the passage of Republic Act 9993, otherwise known as the Philippine Coast Guard Law of 2009, we have finally been rewarded with the greatest recognition in our capability of performing our mandates of ensuring maritime safety, maritime security, and protection of the marine environment. With this, we are truly grateful to all those who believed in the cause of the PCG as a multi-mission maritime agency primarily geared towards saving lives. Undoubtedly, this long awaited passage of our Law will take us - the officers, enlisted personnel and civilian employees of the PCG to wider maritime horizons and open the gulfs of maritime endeavors. Hand in hand, let us therefore, altogether go full speed and plot the right course to face the challenges and infinite opportunities that our new mandate will present us. As a solid and unified organization, let us wholeheartedly accept, protect and cherish this very crucial and significant responsibility that has been entrusted to us by the Filipino people. To my fellow Coast Guardians, let us embrace and make the most of this very precious gift that has been bestowed upon us. Collectively, let us continue to move forward and direct our sails towards a better and brighter future. Congratulations to all of us. Mabuhay ang Philippine Coast Guard!

WILFREDO D TAMAYO Admiral PCG

THE PHILIPPINE COAST GUARD LAW OF 2009

Republic of the Philippines

Congress of the Philippines

Metro Manila Fourteenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

[ REPUBLIC ACT NO. 9993 ]

AN ACT ESTABLISHING THE PHILIPPINE COAST GUARD AS AN ARMED AND UNIFORMED SERVICE ATTACHED TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, THEREBY REPEALING REPUBLIC ACT NO. 5173, AS AMENDED AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Title. This Act shall be known as the Philippine Coast Guard Law of 2009 SECTION 2. Establishment. The Philippine Coast Guard, hereinafter referred to as the PCG, is hereby established as an armed and uniformed service attached to the Department of Transportation and Communications (DOTC): Provided, That in times of war, as declared by Congress, the PCG or parts thereof, shall be attached to the Department of National Defense. SEC. 3. Powers and Functions. The PCG shall have the following powers and functions: (a) To enforce regulations in accordance with all relevant maritime international conventions, treaties or instruments and national laws for the promotion of safety of life and property at sea within the maritime jurisdiction of the Philippines and conduct port state control implementation; (b) To conduct inspections on all merchant ships and vessels, including but shall not be limited to inspections prior to departure, to ensure and enforce compliance with safety standards, rules and regulations; (c) To detain, stop or prevent a ship or vessel which does not comply with safety standards, rules and regulations from sailing or leaving port; (d) To conduct emergency readiness evaluation on merchant marine vessels; (e) Subject to the approval of the Secretary of the DOTC, to issue and enforce rules and regulations for the promotion of safety and life and property at sea on all maritime-related activities;

THE PHILIPPINE COAST GUARD LAW OF 2009

(f) To coordinate, develop, establish, maintain and operate aids to navigation, vessel traffic system, maritime communications and search and rescue facilities within the maritime jurisdiction of the Philippines; (g) To remove, destroy or tow to port, sunken or floating hazards to navigation, including illegal fish traps and vessels, at or close to sea lanes which may cause hazard to the marine environment; (h) To issue permits for the salvage of vessels and to supervise all marine salvage operations, as well as prescribe and enforce rules and regulations governing the same; (i) To render aid to persons and vessels in distress and conduct search and rescue in marine accidents within the maritime jurisdiction of the Philippines, including the high seas, in accordance with applicable international conventions. In the performance of this function, the PCG may enlist the services of other government agencies and the merchant marine fleet; (j) To investigate and inquire into the causes of all maritime accidents involving death, casualties and damage to properties; (k) To assist in the enforcement and maintenance of maritime security, prevention or suppression of terrorism at sea, and performance of law enforcement functions in accordance with pertinent laws, rules and regulations; (l) To assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines; (m) To board and inspect all types of merchant ships and watercrafts in the performance of its functions; (n) To enforce laws and promulgate and administer rules and regulations for the protection of marine environment and resources from offshore sources of pollution within the maritime jurisdiction of the Philippines; (o) To develop oil spill response, containment and recovery capabilities against ship-based pollution; (p) To grant, within its capabilities and consistent with its mandate, requests for assistance of other government agencies in the performance of their functions; (q) To organize, train and supervise the PCG Auxiliary (PCGA) for the purpose of assisting the PCG in carrying out its mandated functions; and (r) To perform such other functions that may be necessary in the attainment of the objectives of this Act. SEC. 4. Gender Sensitivity Program. Gender concerns should be addressed in all planning activities, setting of priorities, allocating of resources and identifying actions and activities of the PCG. It should also incorporate a gender sensitive perspective in the implementation of such plans and programs. Gender sensitivity shall also be employed in all its internal policies, strategies, budget, projects, structures and mechanisms, including but not limited to hiring, promotions, assignment, training opportunities, pay and benefits. A gender perspective should likewise be integrated in all its training programs, especially for maritime search and rescue. SEC. 5. The PCG Commandant. The PCG shall be headed by a Commandant who shall carry the rank of Coast Guard Admiral: Provided, that he shall be appointed by the President from among the Flag Officers in the Coast Guard service. He shall hold a command-at-sea badge and must have served as a

THE PHILIPPINE COAST GUARD LAW OF 2009

District Commander of the PCG. The Commandant shall have a maximum term of three (3) years. A Commandant who has served for three (3) years prior to his compulsory retirement shall be considered as retired and entitled to all the benefits available to a Coast Guard officer as if he is compulsorily retired. SEC. 6. Organization. The PCG shall consist of the following categories of officers and employees; (a) (b) (c) (d) (e) PCG officers; PCG non-officers; PCG non-uniformed personnel; Probationary ensign; and Cadets and Cadettes.

SEC. 7. Officer Rank Distribution. - The officer rank distribution of the PCG shall be as follows: two per centum (2%) in the Flag Officer rank; six per centum (6%) in the rank of Coast Guard Captain; twelve per centum (12%) in the rank of Coast Guard Commander; eighteen per centum (18%) in the rank of Coast Guard Lieutenant Commander; twenty per centum (20%) in the rank of Coast Guard Lieutenant; and forty-two per centum (42%) in the ranks of Coast Guard Lieutenant Junior Grade and Coast Guard Ensign; Provided, That such distribution is based on the ratio between officer and non-officer which is one (1) officer to every seven (7) non-officer: Provided, finally, That if the actual number in a rank is less than the number prescribed, the difference may be applied as an increase to the number prescribed in a lower rank. SEC. 8. Distribution of Flag Officers. The number of Flag Officers herein authorized shall be distributed to the various Flag Officer ranks in accordance with the schedule as hereunder prescribed: Coast Guard Admiral Coast Guard Vice Admiral Coast Guard Rear Admiral Coast Guard Commodore Total 1 1 5 15 22

Provided, That the herein prescribed Coast Guard ranks shall be distinct from those prescribed in the Philippine Navy: Provided, further, That the total number of Flag Officers prescribed under this section shall in no case be less than the number resulting from the implementation of Section 7 hereof, otherwise the latter shall apply. The number corresponding to the ranks of Coast Guard Admiral, Coast Guard Vice Admiral, Coast Guard Rear Admiral, and Coast Guard Commodore, as provided for in this section, shall be the maximum: Provided, That if the actual number in a rank, except in the case of Coast Guard Admiral and Coast Guard Vice Admiral, is less than the number herein prescribed, the difference may be applied as an increase to the number prescribed in the lower rank: Provided, finally, That no officer shall be promoted to the rank of Coast Guard Commodore or higher unless there is an existing vacancy, and the officer is occupying a position in the table of organization that requires the rank of which he is being considered for promotion. SEC. 9. Maximum Tenure in Rank. The maximum tenure of officers in the ranks of Captain and Flag Officer in the PCG are hereby prescribed as follows: Rank Coast Guard Admiral Coast Guard Vice Admiral Coast Guard Rear Admiral Coast Guard Commodore Coast Guard Captain Maximum Tenure in Rank three (3) years three (3) years three (3) years five (5) years seven (7) years

THE PHILIPPINE COAST GUARD LAW OF 2009

Unless earlier separated, retired or promoted to the next higher rank or occupying a position calling for the higher rank in the PCG table of organization, Captains and Flag Officers shall be compulsorily retired upon the attainment of the maximum tenure in rank herein prescribed, or upon reaching the age of compulsory retirement whichever comes earlier: Provided, That officers already holding these ranks upon the approval of this Act may be allowed one (1) year more of tenure in rank before the maximum tenure provided in this section shall be applied to them, unless they shall have already reached the compulsory retirement age under existing laws, in which case the compulsory retirement age shall prevail. SEC. 10. Maximum Tenure in Position. Officers holding the following key positions are hereby limited to a maximum tenure of three (3) years, unless otherwise earlier relieved by competent authority or compulsorily retired under existing laws: Coast Guard Commandant; Coast Guard Deputy Commandant; and Coast Guard District Commander. Provided, That except for the Commandant, no other officer shall be assigned/designated to the aforementioned key positions or promoted to the rank of Commodore or higher if he has less than (1) year of active service remaining prior to compulsory retirement. SEC. 11. Organization of a PCG Auxiliary (PCGA). The PCG shall continue to maintain, supervise, develop and train the PCGA as a civilian volunteer organization under the direct control and supervision of the PCG Commandant. The PCGA shall assist the PCG in the promotion of safety of life and property at sea, the preservation of the marine environment and its resources, the conduct of maritime search and rescue, the maintenance of aids to navigation and such other activities that enhance maritime community relations which include civic action, participation under the National Service Training Program, youth development, recreational safety and other related activities. SEC.12. Appointments. Appointments of PCG officers, which shall be in the initial rank of Coast Guard Ensign, shall be made by the Secretary of the DOTC upon the recommendation of the PCG Commandant. The initial appointment ranks of chaplains, dentists, lawyers, medical doctors and veterinarians shall be Coast Guard Lieutenant. No person shall be appointed as an officer of the PCG unless he is a natural born citizen of the Philippines, at least twenty-one (21) years of age at the date of appointment, physically fit and is a baccalaureate degree holder. The appointment of the PCG Commandant and Flag Officers shall be approved by the President upon the recommendation of the Secretary of the DOTC. Appointments of all PCG nonofficers shall be made by the PCG Commandant. Appointments of all non-uniformed personnel shall be in accordance with the Civil Service laws, rules and regulations. SEC. 13. Promotions. The promotion of PCG officers, as submitted by the PCG Officers Selection and Promotion Board, shall be recommended by the PCG Commandant for the approval of the Secretary of the DOTC: Provided, That the promotion to the rank of Flag Officers in the PCG shall be submitted by a Board of Senior Officers to the PCG Commandant for the approval of the President upon the recommendation of the Secretary of the DOTC: Provided, further, That said officers shall possess all the qualifications and none of the disqualification provided under pertinent laws, rules and regulations, specifically on the completion of the required schooling, training and minimum time and grade for said ranks. The PCG Commandant shall approve the promotion of PCG non-officers to the next higher rank based on the recommendation of the PCG Selection and Promotion Board for Non-Officers: Provided, That special or meritorious promotion shall be extended to any PCG non-officer for acts of inconspicuous courage or outstanding achievement in the Coast Guard service as determined by the PCG Selection and

THE PHILIPPINE COAST GUARD LAW OF 2009

Promotion Board for Non-Officers. The promotion of non-uniformed employees shall be governed by Civil Service laws, rules and regulations. SEC.14. Salaries and Other Benefits. The uniformed personnel of the PCG shall receive the same base pay, longevity pay, hazard pay and other benefits and allowances as are now or hereafter may be authorized for corresponding salary grades and ranks in the Armed Forces of the Philippines (AFP) until such time that a new law is enacted for the purpose. The salaries and allowances of the non-uniformed employees of the PCG shall be in accordance with Civil Service laws, rules and regulations. SEC. 15. Active Service. For purposes of this Act, the active service of PCG personnel hereof shall refer to services rendered as an officer, non-officer, probationary ensign, or those rendered as a civilian official or employee in the PCG prior to the date of separation or retirement from the PCG: Provided, That the term active service shall include confirmed services rendered as a civilian employee in the Philippine government. SEC.16. Disciplinary Action. The applicable and pertinent provisions of the AFP Military Justice System shall be adopted in disciplinary cases against PCG officers and non-officers. The applicable rules, regulations and guidelines promulgated by the Civil Service Commission shall govern cases against PCG non-uniformed employees. SEC. 17. Retirement. Upon attaining fifty-six (56) years of age or upon accumulation of thirty (30) years of continuous satisfactory active service, whichever comes later, a PCG officer or non-officer shall be compulsorily retired: Provided, That said officer or non-officer shall have a minimum of twenty (20) years of active service. The retirement of non-uniformed personnel shall be governed by Civil Service laws, rules and regulations. SEC. 18. Retirement Benefits. Monthly retirement pay of officers and non-officers shall be fifty percent (50%) of base pay and longevity pay of the next higher grade last held in case of twenty (20) years of active service, increasing by two and one-half percent (2%) for every year of service rendered beyond twenty (20) years to a maximum on ninety percent (90%) for thirty-six (36) years of active service and over. The retirement benefits of non-uniformed personnel shall be governed by Civil Service/Government Service Insurance System Law. SEC. 19. Separation from Service. Officer and non-officers who voluntarily resign or otherwise fail to comply with the standards of competence and proficiency of the PCG, shall be separated from the service under existing laws, rules and regulations. The separation of non-uniformed personnel shall be in accordance with Civil Service laws, rules and regulations. SEC. 20. Collection of Revenues. The PCG shall collect fees, dues, charges and fines relevant to the exercise of its various functions. SEC.21. Rules and Regulations. The Secretary of the DOTC shall issue rules and regulations, determine, fix, and/or prescribe charges, rates, penalties pertinent, as may be necessary, to implement the provisions of this Act, as well as the provision of acts, decrees and orders related to the implementation of the PCG functions. SEC. 22. PCG Properties and Lighthouse Reservations. The PCG shall continue to exercise exclusive ownership, possession, control and supervision over all properties transferred to it by virtue of Executive Order No. 475 dated 30 March 1998 and Executive Order No. 477 dated 15 April 1998, such as inter alia, vessels, watercrafts, firearms, armaments, munitions, communications and electronic equipment, vehicles, buildings, real estate and lighthouse reservations.

THE PHILIPPINE COAST GUARD LAW OF 2009

SEC. 23. Establishment and Expansion of Coast Guard Bases and Facilities. In coordination with other appropriate government agencies, the PCG shall develop and enhance its capabilities in the performance of its mandated functions and establish its strategic presence. SEC. 24. Appropriations. The Secretary of the DOTC shall immediately prepare the necessary guidelines to cover the establishment of the PCG as an attached agency to the DOTC, the initial funding of which shall be charged against the current years appropriations of the PCG and, thereafter, in the annual General Appropriations Act. SEC. 25. Transitory Provisions. All previous appointments and promotions of PCG uniformed personnel made prior to the enactment of this Act shall remain valid and subsisting. SEC. 26. Separability Clause. If for any reason, any provision of this Act is declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect. SEC. 27. Repealing Clause. All laws, decrees, executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly. SEC. 28. Effectivity. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any two (2) newspapers of general circulations. Approved,

This act which is a consolidation of Senate Bill No. 3389 and House Bill No. 5151 was finally passed by the Senate and the House of Representatives on December 9, 2009 and December 8, 2009, respectively.

MARILYN B. BARUA-YAP
Secretary General House of Representatives

EMMA LIRIO-REYES
Secretary of the Senate

Approved: Feb 12, 2010

GLORIA MACAPAGAL-ARROYO
President of the Philippines

THE PHILIPPINE COAST GUARD LAW OF 2009

THE OFFICERS, MEN AND WOMEN OF THE PHILIPPINE COAST GUARD WISH TO EXPRESS THEIR WHOLEHEARTED GRATITUDE TO:

HER EXCELLENCY GLORIA MACAPAGAL-ARROYO

PRESIDENT, REPUBLIC OF THE PHILIPPINES

HON. LEANDRO R. MENDOZA

SECRETARY, DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

HON. THOMPSON C. LANTION

UNDERSECRETARY FOR MARITIME TRANSPORT, DOTC

MARITIME STAKEHOLDERS

THE 14th CONGRESS

ENACTMENT OF REPUBLIC ACT 9993, OTHERWISE KNOWN AS THE PHILIPPINE COAST GUARD LAW OF 2009
FOR THE

AND

E N A T E

O F

T H E

H I L I P P I N E S

Honorable Juan Ponce Enrile Senate President Honorable Jinggoy E. Estrada Senate President Pro-Tempore Honorable Juan Miguel F. Zubiri Majority Leader Honorable Aquilino Q. Pimentel Jr. Minority Leader Honorable Rodolfo G. Biazon Honorable Pilar Juliana S. Cayetano Honorable Miriam Defensor-Santiago Honorable Richard J. Gordon Honorable Manuel M. Lapid Honorable Jamby A. S. Madrigal Honorable Ramon B. Revilla Jr. Honorable Manuel A. Roxas II Honorable Edgardo J. Angara Honorable Benigno C. Aquino III Honorable Joker P. Arroyo Honorable Alan Peter S. Cayetano Honorable Francis G. Escudero Honorable Gregorio B. Honasan II Honorable Panfilo M. Lacson Honorable Loren B. Legarda Honorable Francis N. Pangilinan Honorable Antonio F. Trillanes IV Honorable Manuel B. Villar Jr.

THE PHILIPPINE COAST GUARD LAW OF 2009

HOUSE

OF

REPRESENTATIVES

Honorable Prospero C. Nograles Speaker Honorable Raul V. del Mar Deputy Speaker VISAYAS Honorable Simeon A. Datumanong Deputy Speaker MINDANAO Honorable Arnulfo P. Fuentebella Deputy Speaker LUZON Honorable Eric D. Singson Deputy Speaker LUZON Honorable Ma. Amelita C. Villarosa Deputy Speaker WOMEN Honorable Pablo P. Garcia Deputy Speaker VISAYAS Honorable Arthur D. Defensor Sr. Majority Leader Honorable Ronaldo B. Zamora Minority Leader Honorable Bienvenido M. Abante Jr. Manila, 6th District Honorable Joseph Emilio A. Abaya Cavite, 1st District Honorable Roque R. Ablan Jr. Ilocos Norte, 1st District Honorable Victor Aguedo E. Agbayani Pangasinan, 2nd District Honorable Giorgidi B. Aggabao Isabela, 4th District Honorable Manuel S. Agyao Kalinga, Lone District Honorable Rodolfo T. Albano III Isabela, 1st District Honorable Proceso J. Alcala Quezon, 2nd District Honorable Felix R. Alfelor Jr. Camarines Sur, 4th District Honorable Thelma Z. Almario Davao Oriental, 2nd District Honorable Antonio C. Alvarez Palawan, 1st District Honorable Genaro M. Alvarez Jr. Negros Occidental, 6th District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Edelmiro A. Amante Agusan del Norte, 2nd District Honorable Rommel C. Amatong Compostela Valley, 2nd District Honorable Juan Edgardo M. Angara Aurora, Lone District Honorable Maria Zenaida B. Angping Manila, 3rd District Honorable Rodolfo W. Antonino Nueva Ecija, 4th District Honorable Darlene R. Antonino-Custodio South Cotabato, 1st District Honorable Trinidad Ebbie G. Apostol Leyte, 2nd District Honorable Jose S. Aquino II Agusan Del Norte, 1st District Honorable Maria Evita R. Arago Laguna, 3rd District Honorable Munir M. Arbison Sulu, 2nd District Honorable Ma. Rachel J. Arenas Pangasinan, 3rd District Honorable George P. Arnaiz Negros Oriental, 2nd District Honorable Diosdado Macapagal-Arroyo Camarines Sur, 1st District Honorable Ignacio T. Arroyo Negros Occidental, 5th District Honorable Benjamin R. Asilo Manila, 5th District Honorable Amado S. Bagatsing Manila, 5th District

Honorable Pangalian M. Balindong Lanao Del Sur, 2nd District Honorable Elpidio F. Barzaga Jr. Cavite, 2nd District Honorable Franklin P. Bautista Davao Del Sur, 2nd District Honorable Vicente F. Belmonte Jr. Lanao Del Norte, 1st District Honorable Rozzano Rufino B. Biazon Muntinlupa City, Lone District Honorable Al Francis C. Bichara Albay, 2nd District Honorable Mar-Len Abigail S. Binay Makati City, 2nd District Honorable Ferjenel G. Biron Iloilo, 4th District Honorable Anna York P. Bondoc Pampanga, 4th District Honorable Ma. Theresa B. Bonoan-David Manila, 4th District Honorable Narciso R. Bravo Jr. Masbate, 1st District Honorable Elias C. Bulut Jr. Apayao, Lone District Honorable Belma A. Cabilao Zamboanga Sibugay, 1st District Honorable Marc Douglas C. Cagas IV Davao Del Sur, 1st District Honorable Mary Mitzi L. Cajayon Caloocan, 2nd District Honorable Roberto C. Cajes Bohol, 2nd District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Carmen L. Cari Leyte, 5th District Honorable Fredenil H. Castro Capiz, 2nd District Honorable Ma. Laarni L. Cayetano Taguig City-Pateros, 1st District Honorable Arthur F. Celeste Pangasinan, 1st District Honorable Antonio H. Cerilles Zamboanga del Sur, 2nd District Honorable Edgardo M. Chatto Bohol, 1st District Honorable Erwin L. Chiongbian Sarangani, Lone District Honorable Justin Marc SB. Chipeco Laguna, 2nd District Honorable Glenn A. Chong Biliran, Lone District Honorable Solomon R. Chungalao Ifugao, Lone District Honorable Marina P. Clarete Misamis Occidental, 1st District Honorable Maria Isabelle G. Climaco Zamboanga City, 1st District Honorable Eufrocino M. Codilla Sr. Leyte, 4th District Honorable Mark O. Cojuangco Pangasinan, 5th District Honorable Teodulo M. Coquilla Eastern Samar, Lone District Honorable Vincent Bingbong P. Crisologo Quezon City, 1st District

Honorable Junie E. Cua Quirino, Lone District Honorable Antonio V. Cuenco Cebu City, 2nd District Honorable Samuel M. Dangwa Benguet, Lone District Honorable Simeon A. Datumanong Maguindanao, Lone District Honorable Nelson L. Dayanghirang Davao Oriental, 1st District Honorable Nanette Castelo-Daza Quezon City, 4th District Honorable Paul R. Daza Northern Samar, 1st District Honorable Del R. De Guzman Marikina City, 2nd District Honorable Jose C. De Venecia Jr. Pangasinan, 4th District Honorable Arthur D. Defensor Sr. Iloilo, 3rd District Honorable Matias V. Defensor Jr. Quezon City, 3rd District Honorable Raul V. Del Mar Cebu City, 1st District Honorable Antonio A Del Rosario Capiz, 1st District Honorable Carlo Oliver D. Diasnes M.D. Batanes, Lone District Honorable Antonio M. Diaz Zambales, 2nd District Honorable Didagen P. Dilangalen Shariff Kabunsuan Cotabato City, Lone District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Abdullah D. Dimaporo Lanao Del Norte, 2nd District Honorable Mauricio G. Domogan Baguio, Lone District Honorable Michael John Jack R. Duavit Rizal, 1st District Honorable Henry M. Dueas Jr. Taguig City, 2nd District Honorable Faysah M. Dumarpa Lanao Del Sur, 1st District Honorable Thomas L. Dumpit Jr. La Union, 2nd District Honorable Ramon Red H. Durano, VI Cebu, 5th District Honorable Faustino G. Dy III Isabela, 3rd District Honorable Glenda B. Ecleo Dinagat Islands, Lone District Honorable Yevgeny Vincente B. Emano Misamis Oriental, 2nd District Honorable Wilfrido Mark M. Enverga Quezon, 1st District Honorable Eileen Ermita-Buhain Batangas, 1st District Honorable Salvador H. Escudero III Sorsogon, 1st District Honorable Conrado M. Estrella III Pangasinan, 6th District Honorable Erico Basilio A. Fabian Zamboanga City, 2nd District Honorable Danilo Ramon S. Fernandez Laguna, 1st District

Honorable Jeffrey P. Ferrer Negros Occidental, 4th District Honorable Orlando B. Fua Suquijor, Lone District Honorable Arnulfo P. Fuentebella Camarines Sur, 3rd District Honorable Florencio C. Garay Surigao Del Sur, 2nd District Honorable Albert S. Garcia Bataan, 2nd District Honorable Pablo P. Garcia Cebu, 2nd District Honorable Pablo John F. Garcia Cebu, 3rd District Honorable Vincent J. Garcia Davao City, 2nd District Honorable Janette L. Garin Iloilo, 1st District Honorable Rex Gatchalian Valenzuela, 1st District Honorable Angelito C. Gatlabayan Antipolo City, 2nd District Honorable Arnulfo G. Fo Sultan Kudarat, 2nd District Honorable Roilo S. Golez Paraaque City, 2nd District Honorable Aurelio D. Gonzales Jr. Pampanga, 3rd District Honorable Naptali M. Gonzales II Mandaluyong, Lone District Honorable Raul T. Gonzales Jr. Iloilo City, Lone District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Teofisto L. Guingona III Bukidnon, 2nd District Honorable Eduardo R. Gullas Cebu, 1st District Honorable Magtanggol IT. Gunigundo Valenzuela, 2nd District Honorable Ann K. Hofer Zamboanga Sibugay, 2nd District Honorable Nur G. Jaafar Tawi-Tawi, Lone District Honorable Adam Relson L. Jala Bohol, 3rd District Honorable Cesar G. Jalosjos Zamboanga del Norte, 3rd District Honorable Cecilia G. Jalosjos-Carreon Zamboanga del Norte, 1st District Honorable Exequiel B. Javier Antique, Lone District Honorable Yusop H. Jikiri Sulu, 1st District Honorable Eduardo Nonato N. Joson Nueva Ecija, 1st District Honorable Antonio T. Kho Masbate, 2nd District Honorable Rosendo S. Labadlabad Zamboanga del Norte, 2nd District Honorable Jose Carlos V. Lacson Negros Occidental, 3rd District Honorable Antonio F. Lagdameo Jr. Davao Del Norte, 2nd District Honorable Edcel C. Lagman Albay, 1st District

Honorable Jeci A. Lapus Tarlac, 3rd District Honorable Carmelo F. Lazatin Pampanga, 1st District Honorable Julio A. Ledesma IV Negros Occidental, 1st District Honorable Reno G. Lim Albay, 3rd District Honorable Jocelyn Cy-Limkaichong Negros Occidental, 1st District Honorable Teodoro L. Locsin Jr. Makati City, 1st District Honorable Jaime C. Lopez Manila, 2nd District Honorable Juan Miguel Macapagal-Arroyo Pampanga, 2nd District Honorable Eleandro Jesus F. Madrona Romblon, Lone District Honorable Maria Milagros H. Magsaysay Zambales, 1st District Honorable Oscar G. Malapitan Kaloocan, 1st District Honorable Manuel N Mamba Cagayan, 3rd District Honorable Hermilando I. Mandanas Batangas, 2nd District Honorable Datu Pax S. Mangudadatu Sultan Kudarat, 1st District Honorable Alfredo D. Maraon III Negros Occidental, 2nd District Honorable Ferdinand R. Marcos Jr. Ilocos Norte, 2nd District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Francisco T. Matugas Surigao del Norte, 2nd District Honorable Mark Llandro L. Mendoza Batangas, 4th District Honorable Roger G. Mercado Southern Leyte, Lone District Honorable Florencio T. Miraflores Aklan, Lone District Honorable Abraham Kahlil B. Mitra Palawan, 2nd District Honorable Joaquin Carlos Rahman A. Nava Guimaras, Lone District Honorable Reylina G. Nicolas Bulacan 4th District Honorable Prospero C. Nograles Davao City, 1st District Honorable Arrel R. Olao Davao Del Norte, 1st District Honorable Emil L. Ong Northern Samar, 2nd District Honorable Victor F. Ortega La Union, 1st District Honorable Carlos M. Padilla Nueva Viscaya, Lone District Honorable Pedro M. Pancho Bulacan, 2nd District Honorable Candido P. Pancrudo Jr. Bukidnon, 1st District Honorable Philip A. Pichay Surigao del Sur, 1st District Honorable Arthur Y. Pingoy Jr. South Cotabato, 2nd District

Honorable Bernardo F. Piol Jr. North Cotabato, 2nd District Honorable Rodolfo G. Plaza Agusan Del Sur, Lone District Honorable Salvacion S. Ponce-Enrile Cagayan, 1st District Honorable Monica Prieto-Teodoro Tarlac, 1st District Honorable Monico O. Puentevella Bacolod City, Lone District Honorable Roberto V. Puno Antipolo City, 1st District Honorable Herminia M. Ramiro Misamis Occidental, 2nd District Honorable Jesus Crispin C Remulla Cavite, 3rd District Honorable Carmencita O. Reyes Marinduque, Lone District Honorable Victoria H. Reyes Batangas, 3rd District Honorable Arturo B. Robes San Jose del Monte, Lone District Honorable Rufus B. Rodriguez Cagayan de Oro, 2nd District Honorable Adelina Rodriguez-Zaldarriaga Rizal, 2nd District Honorable Herminia B. Roman Bataan, 1st District Honorable Guillermo A. Romarate Jr. Surigao del Norte, 2nd District Honorable Ferdinand Martin G. Romualdez Leyte, 1st District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Pedro P Romualdo Camiguin, Lone District Honorable Roman T Romulo Pasig City, Lone District Honorable Jose Antonio F Roxas Pasay City, Lone District Honorable Benhur L Salimbangon Cebu, 4th District Honorable Andres D Salvacion Jr. Leyte, 3rd District Honorable Edgar S San Luis Laguna, 4th District Honorable Josephine Jaye Lacson-Noel Malabon-Navotas City, Lone District Honorable Joseph A Santiago Catanduanes, Lone District Honorable Rizalina L Seachon-Lanete Masbate, 3rd District Honorable Cecilia M Seares-Luna Abra, Lone District Honorable Lorna C Silverio Bulacan, 3rd District Honorable Eric D Singson Ilocos Sur, 2nd District Honorable Ronald V Singson Ilocos Sur, 1st District Honorable Jose G Solis Sorsogon, 2nd District Honorable Nerissa Corazon Soon-Ruiz Cebu, 6th District Honorable Danilo E Suarez Quezon, 3rd District

Honorable Mary Ann L Susano Quezon City, 2nd District Honorable Ma. Victoria R Sy-Alvarado Bulacan, 1st District Honorable Judy J Syjuco Iloilo, 2nd District Honorable Emmylou Lala Talio-Mendoza Province of Cotabato, 1st District Honorable Sharee Ann T Tan Western Samar, 2nd District Honorable Lorenzo R Taada III Quezon, 4th District Honorable Marcelino R Teodoro Marikina City, 1st District Honorable Pryde Henry A Teves Negros Oriental, 3rd District Honorable Niel C Tupas Jr. Iloilo, 5th District Honorable Alfonso V Umali Jr. Oriental Mindoro, 2nd District Honorable Czarina D Umali Nueva Ecija, 3rd District Honorable Isidro T Ungab Davao City, 3rd District Honorable Edwin C Uy Isabela, 2nd District Honorable Reynaldo S Uy Western Samar, 1st District Honorable Rolando A Uy Cagayan De Oro, 1st District Honorable Rodolfo G Valencia Oriental Mindoro, 1st District

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Florencio L Vargas Cagayan, 2nd District Honorable Luis R Villafuerte Camarines Sur, 2nd District Honorable Cynthia A Villar Las Pias City, Lone District Honorable Ma. Amelita C Villarosa Occidental Mindoro, Lone District Honorable Liwayway P Vinzons-Chato Camarines Norte, Lone District Honorable Joseph Gilbert F Violago Nueva Ecija, 2nd District

Honorable Jose V Yap Tarlac, 2nd District Honorable Victor J Yu Zamboanga del Sur, 1st District Honorable Manuel Way Kurat E Zamora San Juan, Lone District Honorable Ronaldo B Zamora San Juan, Lone District Honorable Eduardo C Zialcita Paraaque, 1st District Honorable Jose Ma. F Zubiri III Bukidnon, 3rd District

PARTY LIST REPRESENTATIVES

Honorable Vigor Ma. D Mendoza I-UTAK Honorable Mariano U Piamonte Jr. ATEACHER Honorable Ulpiano P Sarmiento II ATEACHER Honorable Leonardo Q Montemayor ABA-AKO Honorable Jonathan A Dela Cruz ABAKADA-GURO Honorable Robert Raymundo M Estrella ABONO Honorable Francisco Emmanuel R Ortega ABONO Honorable Catalina G Leonen-Pizarro ABS Honorable Nicanor M Briones AGAP Honorable Ceasar A Cobrador AGAP Honorable Ana Theresia N Hontiveros-Baraquel AKBAYAN Honorable Walden F Bello AKBAYAN Honorable Rodante D Marcoleta ALAGAD Honorable Diogenes S Osabel ALAGAD Honorable Neil Benedict A Montejo AN WARAY Honorable Florencio G Noel AN WARAY Honorable Mujiv S Hataman ANAK MINDANAO Honorable Ariel C Hernandez ANAK MINDANAO Honorable Pastor M Alcover Jr. ANAD Honorable Joel B Maglunsod ANAKPAWIS

THE PHILIPPINE COAST GUARD LAW OF 2009

Honorable Rafael V Mariano ANAKPAWIS Honorable Ma. Lourdes T Arroyo ANG KASANGGA Honorable Ernest C Pablo APEC Honorable Edgar L Valdez APEC Honorable Oscar D Francisco ARC Honorable Narciso D Santiago III ARC Honorable Daryl Grace J Abayon AT Honorable Salvador B Britanico BANAT Honorable Jovito S Palparan Jr. BANTAY Honorable Teodoro A Casio BAYAN MUNA Honorable Neri J Colmenares BAYAN MUNA Honorable Saturnino C Ocampo BAYAN MUNA Honorable Ma Carissa O Coscolluela BUHAY Honorable Irwin C Tieng BUHAY Honorable Rene M Velarde BUHAY Honorable Leonila V Chavez BUTIL

Honorable Agapito H Guanlao BUTIL Honorable Cinchona Cruz-Gonzales CIBAC Honorable Emmanuel Joel J Villanueva CIBAC Honorable Jose R Ping-ay COOP-NATCCO Honorable Cresente C Paez COOP-NATCCO Honorable Luzviminda C Ilagan GABRIELA Honorable Liza L Maza GABRIELA Honorable Raymond V Palatino KABATAAN Honorable Ranulfo P Canonigo KAKUSA Honorable Godofredo V Arquiza Senior Citizens Honorable Raymond DC Mendoza TUCP Honorable Teodoro Lim UNI-MAD Honorable Estrella DL Santos VFP Honorable Carol Jayne B Lopez YACAP Honorable Haron D Omar YACAP

THE PHILIPPINE COAST GUARD LAW OF 2009

Special Acknowledgment: Bicameral Conference Committee Members

SENATE
Honorable Rodolfo G. Biazon (Chairman) Honorable Richard J. Gordon Honorable Gregorio B. Honasan II Honorable Pia S. Cayetano Honorable Joker P. Arroyo

HOUSE OF REPRESENTATIVES
Honorable Monico O. Puentevella (Chairman) Honorable Eleandro Jesus F. Madrona Honorable Edcel C. Lagman Honorable Rozzano Rufino B. Biazon Honorable Nur G. Jaafar Honorable Abraham Kahlil B. Mitra Honorable Mark Llandro L. Mendoza Honorable Salvador H. Escudero III Honorable Roilo S. Golez

THE PHILIPPINE COAST GUARD LAW OF 2009

THE PCG LAW OF 2009

COMMODORE GILBERT S RUERAS PCG
Director, Liaison Office for Legislative Affairs (LOLA)

On 17 October 1901, Philippine Commission Act 266 created the Bureau of Coast Guard and Transportation (BCGT) under the Department of Commerce and Police which was brought about by the need to address issues of national interests such as the delays in the mail delivery due to lack of transportation facilities, construction and operation of the agencys vessel, construction, operation and maintenance of lighthouses and the prevention of smuggling. With barely two years in existence, the BCGT established 48 lighthouses, five unlighted beacons, range marks and 26 buoys. The BCGT also developed its capabilities by acquiring 15 Coast Guard cutters, 2 light tenders, 3 sea-going launches and 5 bay and river launches. On 29 May 1903, the collector of Customs commissioned the master and watch officers of BCGT vessels to conduct searches and seizures in the same manner as duly designated customs officer. On 23 March 1905, the BCGT was provided with the Superintendent of Inter Island Transportation who was responsible for checking that a steamer vessel construction is in accordance with the required specifications to provide service to the government and public. By August 1905, BCGT vessels use were mostly for peace and other missions such as assisting the constabulary against the Pulajanes of Samar and guerillas. On 9 December 1913, Commission Act 2308 abolished the Bureau and the country went without a Coast Guard until 1967. On August 8 1967, President Marcos signed Republic Act 5173 known as the Coast Guard Law of 1967. The Act defines the three -fold objectives of the Coast Guard: the promotion of safety of life at sea, the enforcement of maritime laws and regulations, and the development of aids to marine navigation and rescue facilities. On 10 October 1967, pursuant to RA 5173, the Philippine Coast Guard was finally activated. The PCG was initially placed under the Philippine Navy with the intent of separating at a later date. PD 600 amended RA 5173 and PD 602 established the National Operations Center for Oil Pollution. In 1986 Executive Orders 125 and 125-A transferred to MARINA some regulatory functions of the PCG. However MARINA did not immediately take over the functions in view of

THE PHILIPPINE COAST GUARD LAW OF 2009

its limited personnel and material assets. It took seven more years before MARINA fully assumed the functions mandated by EO 125 and125-A. Even while the PCG remained with the Philippine Navy thirty (30) years after the enactment of RA 5173 contrary to the intent of the lawmakers to have it separated as soon as organized, it continued to perform functions affecting the civilian populace particularly the riding public. While its organizations military capability in terms of organization and vigilant monitoring on 24/7 basis in most parts of the archipelago proved advantageous to these functions, its military character has prevented the PCG from developing into a full-blown maritime safety agency. More specifically, grants and aids from more developed countries like Japan prevented the PCG from enhancing its equipage mainly because of the defense connotation while under the umbrella of the Department of National Defense. As early as 1991, a Resolution of the Shipping and Ports Advisory Council (SPAC) called for the transfer of the PCG from the Philippine Navy to a more appropriate location in the bureaucracy that could enable the PCG to perform numerous functions whether mandated by law or deputized by another agency which are not military in nature. The de facto character of the current PCG is that it performs law enforcement based on civilian regulations utilizing personnel that are organized and managed in the military manner. This situation as defined by Senator Biazon as a confused state is in fact the very solution to the ailing maritime safety issue which requires the need for a round-the-clock and multi-mission sea-going government agency with an in-depth understanding of the intricacies of commercial shipping that can regulate erring seamen and identify vessel safety violations. MARINA took over the vessel regulatory function on 22 November 1994 with a memorandum of understanding as an implementing instrument. President Fidel V. Ramos on 30 March 1998 invoked the presidential authority to reorganize government agencies and transferred the PCG from DND to the Office of the President by virtue of EO 475. On 15 April 1999, the PCG was transferred from the Office of the President to Department of Transportation and Communications (DOTC) by virtue of EO 477. PCG underwent a lot of improvements in terms of organization, equipment, personnel and training. Relocated outside the Defense department, the PCG received numerous grants, donations and soft loans that resulted to vessel acquisitions and eventually upgraded its capabilities.

THE PHILIPPINE COAST GUARD LAW OF 2009

On May 3, 2004, RA 9295 or the Domestic Shipping Act provided for the legal transfer of vessel regulatory functions to MARINA. With the bulk of the regulatory functions transferred to MARINA, the PCG meanwhile developed its capabilities to address the equally pressing problems on maritime security, law enforcement, and environmental protection. The PCG also was faced with addressing traditional challenges such as the 22 typhoons that visit the country on the average annually and the nontraditional challenges such as piracy, terrorism, human trafficking, money-laundering and drugsmuggling. The most recent typhoons that brought widespread devastation in the country due to floods provided the PCG with the opportunity to show its relevance to support national welfare particularly in times of disasters and extreme conditions. With Republic Act No. 9993 signed by the President on February 12, 2010, the PCG has finally legitimized its presence as a bureau, through a legal instrument, under program and policy coordination with the DOTC as an attached agency . This provides the PCG with a higher degree of autonomy with which to manage its personnel, resources and activities. More importantly, RA 9993 finally puts to rest the issue on authority, responsibility, capability and accountability on specific issues on vessel safety which has cast doubts and even fear among the users of maritime transport due to recent tragic accidents. The PCG can now unilaterally, with the effect of the law, assert and exercise what it has been doing historically in the past to promote and ensure safety of life and property at sea and once again regain the confidence of the riding public. The Presidents immediate signing of the law manifests the renewed trust and confidence bestowed upon the PCG that is guided by professionalism, preparedness, presence and partnership. Under the new law, the PCG seeks to implement the following renewed powers and functions: A. The PCG is empowered to enforce regulations on Philippine-registered vessels engaged in the domestic trade to ensure compliance to safety standards in accordance with national laws as prescribed by MARINA policies within the maritime jurisdiction of the Philippines. The PCG is empowered to enforce regulations on Philippine-registered vessels engaged in the international trade in accordance with all relevant maritime international conventions

B.

THE PHILIPPINE COAST GUARD LAW OF 2009

including but not limited to SOLAS and MARPOL while within the maritime jurisdiction of the Philippines. C. The PCG continues to inspect foreign-registered vessels calling on any port of the Philippines for control verification and to ensure compliance to all safety and environmental standards set forth by international conventions through Port State Control under the auspices of the Asia-Pacific Memorandum Of Understanding on Port State Control

D. The PCG is mandated to enforce safety standards, rules and regulations through the conduct of routine, periodic and random inspections on vessels anytime from the time the keel is laid for newly-constructed vessels up to the time the vessel is put into operation. E. The PCG is mandated to enforce safety standards, rules and regulations through the conduct of routine, periodic and random inspections upon delivery of imported vessels whether new or used up to the time the vessel is put into operation. The PCG is mandated to enforce safety standards, rules and regulations through the conduct of inspections of vessels altered from its original design.

F.

G. The PCG is mandated to prevent a vessel which does not comply with safety standards from leaving port. H. The PCG is mandated to stop a vessel from pursuing its voyage if found through inspection that it does not comply with safety standards. I. The PCG is empowered to detain a vessel continuously until such time that it complies with the safety standards and that detainable deficiencies are rectified. The PCG is required to set emergency readiness standards and conduct routine, periodic and random physical evaluation of all shipboard evolutions both underway and while in port. The PCG is mandated to formulate, promulgate upon approval of SOTC, and enforce rules, regulations, SOPs , memorandum circulars and other tertiary legislation to promote safety of lives and properties at sea on all maritime-related activities including boat races, regattas, life guarding, scuba diving, jet ski operations and other sea- borne recreational activities. The PCG is required to coordinate with PPA Manila, PHIVIDEC in Cagayan de Oro and Batangas Port for the joint operations of Vessel Traffic Management Systems (VTMS) in

J.

K.

L.

THE PHILIPPINE COAST GUARD LAW OF 2009

respective areas including the establishment of traffic separation schemes, buoyage systems and two-way communications system accessible by all vessels. M. The PCG is empowered to coordinate with PPA the establishment and joint operation of VTMS on the other major ports of the country or anywhere else where restricted passage of vessels are observed. N. The PCG is required to maintain as far as practicable the continuous and uninterrupted operation of PCG aids to navigation and to coordinate with private entities the proper operation of private aids to navigation. O. The PCG is mandated to coordinate with shipping companies for effective two-way maritime communications systems between vessels and PCG installations capable and suitable for use during the normal shipping operations and during emergencies. P. The PCG is required to develop, establish, maintain and operate 24/7 rescue facilities on all PCG districts, stations, and detachments capable to respond to distress calls within the maritime jurisdiction of the country and on limited capacity to deploy rescue assets beyond territorial limits.

Q. The PCG is mandated to coordinate for joint use of facilities with the AFP, PNP, LGUs and other entities including coordinating systems and procedures in the conduct of search and rescue and subsequent attendant activities to rescued persons. R. The PCG is mandated to establish sea lanes to aid international vessels in traversing Philippine archipelagic waters under the doctrine of innocent passage. The PCG is mandated to remove, destroy or tow to port sunken vessels or floating hazards to navigation. To remove or destroy illegal fish traps along sea lanes.

S.

T.

U. To remove, destroy or tow to port vessels that pose as hazards to navigation. V. To issue permits for salvage of vessels only to accredited salvors.

W. To supervise marine salvage operations through accredited salvors. X. To provide guidelines on the proper conduct of salvage operations, the required equipment and requirements prior accreditation.

THE PHILIPPINE COAST GUARD LAW OF 2009

Y.

To search for vessels and persons in distress and subsequently render necessary and appropriate aid. To minimize response time.

Z.

AA. To develop a system whereby the services of the AFP, PNP and other government units may assist the PCG during search and rescue incidents. BB. To conduct immediately maritime casualty investigation on all maritime accidents involving death, casualties and damage to properties to determine proximate causes so that the same thing will not happen again in the future. CC. BMI to inquire into all maritime accidents to establish probable cause and liabilities to parties, if any. DD. To assist and coordinate with other government agencies to enforce and maintain security within the maritime jurisdiction. EE. To assist and coordinate with other government agencies and/or entities to prevent and suppress terrorism at sea. FF. To assist and coordinate with other government agencies in the performance of its law enforcement functions. GG. To assist BFAR in the enforcement of fishery laws particularly on poaching and fishing with the use of dynamite and cyanide. HH. To jointly operate BFAR MCS vessels. II. To assist the BID monitoring and apprehending illegal entrants along the coastal waters particularly vicinity of Taiwan, Malaysia and Indonesia borders. JJ. To assist the BUCUS in gathering information, prevention and apprehension of any form of smuggling through the coastal waters. KK. To assist the DENR in the apprehension of illegal transport of illegally-cut forest products. LL. To assist the PNP in preventing the movement of illegal firearms and the unescorted transport of explosives. MM.To assist the PDEA in monitoring and apprehending drug dealers and discover drug laboratories.

THE PHILIPPINE COAST GUARD LAW OF 2009

NN. To assist the PNP to pursue and curtail transnational crimes. OO. To board and inspect all merchant ships and watercrafts in the performance of all PCG primary and deputized functions. PP. To promulgate and subsequently enforce rules and regulations to protect the marine environment and resources from all off shore sources of pollution. QQ. To develop oil spill response, containment and recovery capabilities against ship-based pollution. RR. To accommodate requests for assistance of other government agencies in the performance of their functions. SS. To organize, train and supervise the PCG Auxiliary for the purpose of assisting the PCG in carrying out its mandated functions. This very recent development puts forth into proper perspective the role of the PCG as a law enforcement agency that can address pressing concerns affecting the countrys national humanitarian interests. Non-traditional challenges affecting the general welfare of the people such as terrorism, drug-trafficking, human smuggling, unauthorized use of firearms and explosives, and other trans-national crimes will be acted upon or neutralized with more intensity and vigilance through cooperative undertakings or initiatives with lead agencies. This complements the increasing acceptability of the PCG as one of the numerous coast guard agencies capable of carrying out law enforcement and diplomatic means of resolving regional issues without resorting to hostilities between and among neighboring countries. Internationally recognized as the Philippine government agency capable of representing the country in international fora to tackle sensitive issues on maritime security, piracy, terrorism and other transnational crimes, the PCG has become a model for comparison on best practices among ASEAN countries. The newly enacted law has legally elevated the PCG to bureau level at par with the AFP and PNP. It now becomes clear and undisputed that the PCG is the third distinct, uniformed and armed service of the Philippines that the country can rely on in times of disasters and enforce laws with the firmness of a military organization but resilient or adaptive to pressures or contemporaneous developments in the countrys vast maritime area surrounding the civilian environment where the PCG operates.

ADMIRAL WILFREDO D TAMAYO PCG

Commandant

Vice Commandant for Operations

VADM RAMON C LIWAG PCG

Vice Commandant for Administration

RADM EDMUND C TAN PCG

COMMO ENRICO EFREN A EVANGELISTA PCG

Chief of Coast Guard Staff

Central Staff

CAPT ANGELITO G GIL PCG (GSC)

DCS for Human Resource Management, CG-1

DCS for Intelligence, Security and Law Enforcement, CG-2

CDR TEOTIMO R BORJA PCG

CAPT NOLI S CASIANO PCG (GSC)

DCS for Operations, CG-3

CDR RAMON S LOPEZ PCG

DCS for Logistics, CG-4

CDR EUSTACIO NIMROD P ENRIQUEZ PCG

DCS for Plans, Programs and International Affairs, CG-5

CDR ROBERT M PATRIMONIO PCG

DCS for Comptrollership, CG-6

CAPT JOSE WILLIAM U ISAGA PCG

DCS for Community Relations Services, CG-7

CDR ALLAN VICTOR T DELA VEGA PCG

DCS for Maritime Safety Services, CG-8

CAPT LYNDON F LATORRE PCG

DCS for Marine Environmental Protection, CG-9

CAPT JOSELITO F DELA CRUZ PCG

DCS for Ships and Aircraft Engineering, CG-10

CAPT DANILO G ENOPIA PCG (DSC)

DCS for Maritime Weapons, Communications, Electronics and Information System, CG-11

CAPT LEOVIGILDO G PANOPIO PCG

DCS for Education and Training, CG-12

Special Staff

Director, CG Command Center

CDR DANILO T ABILA PCG

CG Special Services Officer

CDR EDGAR L YBAEZ PCG

CDR TITO ALVIN G ANDAL PCG

CG Internal Auditor

LCDR ROMMEL A SUPANGAN PCG

Secretary, Coast Guard Staff

LCDR ARMANDO M BALILO PCG

Public Information Officer

LT MARIFEM U ISAAC PCG

Coast Guard Adjutant

Personal Staff

CDR EUSTACIO NIMROD P ENRIQUEZ PCG

Flag Secretary

LTJG GARRY D LAYNESA PCG

Flag Lieutenant, CPCG

LTJG MARLON S AVILES PCG

Flag Lieutenant, VCO

ENS NOEMIE G CAYABYAB PCG

Flag Lieutenant, CPCG

SCPO TOMASITO S SALAGUBANG PCG

Command Master Chief

Major Support Commands

A/RADM EDMUND C TAN PCG

Commander, CG Fleet

A/Commander, Marine Environmental Protection Command (MEPCOM)

COMMO LUIS M TUASON JR PCG

COMMO DANILO CORPUZ PCG

Commander, Maritime Safety Services Command (MSSC)

COMMO GILBERT S RUERAS PCG

Commander, CG Education and Training Command (CGETC)

COMMO ROLANDO R RICAFRENTE PCG

Commander, CG Weapons, Communications, Electronics and Information Systems Service (CGWCEISS)

A/Commander, CG Internal Affairs Service (CGIAS)

CAPT DANILO M UBALDO PCG

Operational Commands

Commander, CGD National Capital Region - Central Luzon

COMMO LUIS M TUASON JR PCG

Commander, CGD Central Eastern Visayas

COMMO ROLANDO M DIZON PCG

COMMO RODOLFO D ISORENA PCG

Commander, CGD South Western Mindanao

COMMO JOEL S GARCIA PCG

Commander, CGD Palawan

Commander, CGD Southern Tagalog

COMMO CECIL R CHEN PCG

Commander, CGD Western Visayas

COMMO WILLIAM M MELAD PCG

Commander, CGD Northern Luzon

COMMO ATHELO L YBAEZ PCG

Special Units

Commander, CGD South Eastern Mindanao

COMMO LINO H DABI PCG

COMMO ELSON E HERMOGINO PCG

Commander, CGD Bicol

Commander, CGD Northern Mindanao

COMMO EDUARDO B GONGONA PCG

COMMO AARON T RECONQUISTA PCG

Director, DOTC-PCG PMO Commander, CG Air Group

CAPT GEORGE V URSABIA JR PCG

Commander, CG Ready Force

Commander, Special Operations Group

CAPT ALFREDO A SANTOS JR PCG

CAPT IRENEO P ENDOZO PCG (GSC)

Commander, Headquarters Support Group

Commander, CG Intelligence Force

CDR TEOTIMO R BORJA PCG

Commander, CG Procurement Service

CDR JOVEN L FABUL PCG

CDR ALLEN J DALANGIN PCG

Commander, CG K-9 Unit

Technical Support Units

Acting Commander, CG Finance Center

LCDR ROMEO S LIWANAG PCG

LTJG LAUREL PAUL N MARIANO JR PCG

OIC, Coast Guard Infrastructure Development Service

Commander, CG Legal Service

CDR RAMON B REBLORA PCG

Commander, CG Medical Service

CDR ALEXIS J CALDERON PCG

Commander, CG Dental Service

LCDR RODOLFO S INGEL PCG

Commander, CG Chaplain Service

CDR EDMUND D DISIERTO PCG

THE PHILIPPINE COAST GUARD LAW OF 2009

PCG AT WORK:

MARITIME SEARCH AND RESCUE

ACCOMPLISHMENTS FOR 2001-2009
Maritime Search and Rescue Maritime Incidents Monitored/Reported Number of SAR Missions Number of Lives Saved Number of Persons Provided Assistance Number of Dead Bodies Recovered Number of Vessels Provided Assistance Maritime Casualty Investigation Maritime Accidents Investigated Marine Protests Evaluated 39 613 3,639 3,923 29,420 279,446 1,892 5,740

The Philippine Coast Guard maintains its presence and operational readiness through shore-based units and deployable assets such as ships, small crafts, aircrafts, and special units or teams for effective response to maritime incidents, disasters, threats, and hazards.

THE PHILIPPINE COAST GUARD LAW OF 2009

Members of Deployable Response Group (DRG) based on new PCG operational doctrine can be deployed at a moments notice in times of maritime emergencies. In the case of Typhoons Ondoy and Pepeng, the PCG has deployed a total of 70 rescue-relief teams using rigid-hull, inflatable boats, rubber boats and aircrafts to provide assistance in severely flooded areas in Metro Manila, Pangasinan and Northern Luzon.

Honorable Secretary Leandro R Mendoza with Undersecretary for Maritime Transport Thompson C Lantion during their visit to the PCG to conduct operational readiness evaluation and inspection of the Deployable Response Group (DRG) personnel and of PCG vessels, aircraft and other peculiar equipment.

The PCG Specialized Medical Assistance Response Team (SMART) was organized and placed under the DRG, whose members are mostly medical practitioners trained to save and rescue persons in distress.

ACCOMPLISHMENTS FOR 2001-2009

Maritime Safety Mandatory Pre-departure Inspections Port State Control Inspections Masters Oath of Safe Departure received Permit to Carry Dangerous Goods issued SOLAS Inspections conducted 3,364,623 vessels 10,783 vessels 4,579,420 vessels 148,319 permits 138,567 vessels 563 33 25 136 2,209

Navigational Safety Lighthouses Maintained and Operated Navigational Buoys Maintained and Serviced Ships Routeing/Traffic Separation Scheme Supervised Salvage Operations Permitted and Supervised Maritime Safety Information and NOTAM Published

PCG stands behind a commitment of service excellence, aimed at capacity building measures involving trained and multi-skilled personnel and state-of-the-art disaster response equipment, technology-driven laboratory apparatus and wellequipped vessels.

ACCOMPLISHMENTS FOR 2001-2009

Marine Pollution Monitoring/Response
Oil/Chemical Spill Incidents Monitored Oil Spill Incidents Responded Chemical Spill Incidents Responded Coal Spill Incident Responded 147 121 26 1

MEP Activities
Bunkering Supervised Deck Washing Supervised Tank Cleaning Vessel Inspections Length of Coastline Inspected (kms) 30,069 9,977 292 49,852 38,464

Coastal River Clean-Up

Coastal / River Clean-up Garbage Collected (tons) Information Drive Conducted 2,801 16,462 2,959

The PCG as mandated by PD 600 and PD 601, as amended by PD 979, is the sole agency responsible for marine oil pollution prevention, mitigation and control through the conduct of marine pollution monitoring and control operations, enhancement of PCG capability in oil spill response operations, and enforcement of all applicable marine environmental laws and regulations.

The promulgation of the National Oil Spill Contingency Plan which provides guidelines for timely and coordinated response mechanism against oil spill incidents was likewise initiated by the Philippine Coast Guard.

ACCOMPLISHMENTS FOR 2001-2009 Maritime Surveillance and Security Operations Port/Harbor Security Operations Conducted Number of Sea Marshal Teams Deployed Seaborne Patrols Number of Missions Total Steaming Time Total Miles Covered 51,372 119,603 291,083 67,577 31,169

Preventive measures top the PCGs efforts in maritime security through the deployment and employment of Sea Marshals, boarding teams, SOG and K-9 personnel, and Coast Guard AntiTerrorist Unit. The PCG performs maritime surveillance and security operations in ports, harbors and coastal waters surrounding our islands and exercise control of maritime communications, and strategic port facilities.

Creation of Coast Guard Anti-Terrorist Unit as Counter Terrorist Focused Group, trained to counter and neutralize possible disruption of peace and order in our maritime environs in support of the over-all efforts of the government.

ACCOMPLISHMENTS FOR 2001-2009

Apprehensions Transport of Illegal Firearms/ Explosives Illegal Fishing/Transport of Banned Marine Products Illegal Intrusion and Poaching Activities Drug Trafficking/Interdiction Human Trafficking 221 1,119 38 113 20

As the countrys premier maritime law enforcement agency, the Philippine Coast Guard continues to enhance its presence, preparedness, and partnership with other agencies to deter, detect and neutralize illegal activities. And because of the PCGs inherent presence at sea and along our shores, several government agencies depend on the PCG to assist them in the enforcement of laws against smuggling, human trafficking, illegal fishing, poaching, drug trafficking, gunrunning, and piracy, among others.

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PCG INFRASTRUCTURE DEVELOPMENT

The development of PCG Command Center paves the way for effective monitoring of maritime activities and coordinates Coast Guard operations/services on 24/7 basis. The function of PCG Command Center is replicated in the 10 Coast Guard Districts and 55 Stations nationwide.

To be able to perform the PCG mandated tasks, the necessary operational support systems have to be enhanced and developed. Significant facility rehabilitation and infrastructure developments have taken place on the10-hectare Coast Guard Base Taguig which houses the antennae farm, the Coast Guard Education and Training Facility, K-9 Unit Headquarters, Coast Guard IT Laboratory and Library, and other support facilities.

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The Coast Guard Training Facility is composed of 4 sizable barracks, mess hall, classrooms, and the new Coast Guard Library and Computer Laboratory.

The K-9 buildings and kennels and training/breeding program are under the PCG self-reliance program.

Coast Guard Search and Rescue (SAR) Base Romblon

This base will rise on a 3.2hectare lot donated by the Province of Romblon. Other facilities such as SAR training school, medical facility, Vessel Traffic Management System (VTMS), SOG Detachment, Berthing Facility for SAR vessels and hangar for helicopters are included in the plan.

THE PHILIPPINE COAST GUARD LAW OF 2009

The ground breaking ceremony on the 12-hectare PCG-GMA Support Base Mactan was held last June 18, 2009 in Mactan, Cebu with the Undersecretary for Maritime Transport USEC Thompson C Lantion and Coast Guard Commandant, Admiral Wilfredo D Tamayo, which aims to promote maritime safety and security in the Visayas region.

The PCG is also working on the issuance of the Presidential Proclamation for the allocation of a 20-hectare lot within the Laguindingan Airport complex to be developed into PCG Support Base Northern Mindanao. PCG support bases are being developed to strategically position vital PCG assets in choke points throughout the country to improve the response time during maritime incidents, and support extended PCG operations.

MARITIME COMMUNICATIONS AND VESSEL MOVEMENT MONITORING

Japanese Ambassador Katsuo Matsura turning over to the PCG the Phase 1 of the PCG Communications Enhancement for Maritime Safety and Security Project to Honorable Secretary Leandro R Mendoza.

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Signing of a Memorandum of Agreement (MOA) between Philippine Veterans Development Industrial Corp (PHIVIDEC) and Philippine Coast Guard led by Admiral Wilfredo D Tamayo with Undersecretary for Maritime Transport Gen. Thompson C. Lantion. Under the MOA, PCG has assumed the responsibility to operate the Vessel Traffic Management System (VTMS) facility and its equipment.

HUMAN RESOURCE DEVELOPMENT AND CAPACITY BUILDING

A Technical Working Group has been created for the establishment of PCG Academy. In the mean time, a cross training program for 25 PCG cadets for BS Marine Transportation, and another 25 cadets for BS Marine Engineering will be initiated at the PMMA starting this school year.

Personnel recruitment and training programs are being aggresively personnel by the PCG. As of this date, the PCG recruited and trained 270 officers and 2,731 enlistedmen under the leadership and full support given by the Honorable Secretary Leandro R Mendoza. The PCG envisions to grow into 25,000 strong multi-skilled Coast Guardsmen.

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Gender and Development Program is also incorporated in the PCG recruitment and personnel career development program. The PCG makes sure that female officers and enlistedwomen are given equal opportunities in assignments afloat and ashore.

PCG ASSETS:
VESSELS 56- meter SAR Vessels 35- meter SAR Vessels 30-meter BFAR-PCG MCS Vessels Buoy/ Lighthouse Tenders 27-meter Ocean Tug 4 4 10 4 1 Patrol Gun Boat Patrol Craft Fast (PCFs) AIRCRAFTS Fixed-Wing Rotary-Wing 1 7 3 2