INTERIM GUIDELINES IN THE ADJUDICATION

OF SAFETY CIRCULARS

Memorandum from the Commandant

dated 03 August 2022
Applies to PCG safety
circulars which impose
administrative sanctions
DEFINITION OF TERMS
Inspection Apprehension Report (IAR) – a written document
issued by an Inspection and Apprehension Officer of the
Philippine Coast Guard to any person who is apprised of a
prima facie finding by the former of the latter’s violation of
Philippine Coast Guard circulars and/or rules and regulations
relative to maritime safety;

Inspection Apprehension Officer- is a PCG personnel duly

trained and certified by MSSC as Safety Inspector to
conduct safety inspection on board vessels before
departure or during arrival in ports;
Adjudication Officer- a legal officer who is a member of the bar if the
violation is issued in a Station co-located in the District or the Station
Commander of the concerned Station where the IAR was issued

Violation- refers to violations of all Philippine Coast Guard maritime

safety circulars and/rules and regulations which have administrative
sanctions imposed;

Respondent- refers to shipowner/operator/master/ agent of the

shipowner, or any other person whether natural or juridical served with
Inspection Apprehension Report
 PROCEDURE
a. Issuance of Inspection Apprehension Report- Upon issuance
of an IAR to any person for an alleged violation/s of any
applicable maritime safety circulars and/or rules and
regulations which impose administrative sanctions. Records
shall be forwarded to the Adjudicating Officer/Adjudicator for
appropriate action. The shipowner/operator/master/agent of
the shipowner in violation, or any person whether natural or
juridical served with EIAR is given ten (10) days from receipt
of the EIAR to submit to the Adjudicating Officer/Adjudicator
controverting evidence against the EIAR. Failure to submit
within the period prescribed will constitute waiver on part of
the Respondent to present evidence.
  
a. Proceedings under this Memorandum Circular shall be
summary in nature and shall be resolved in an expeditious
manner consistent with due process. The adjudicating officer is
not bound by the technical rules of procedure and evidence.
Nevertheless, the PCG thru the adjudicating officer/Adjudicator
may choose to adopt such rules that are applicable, such as
A.M. No. 01-07-01-SC or the rules on electronic evidence, as
amended. Moreover, in the absence of applicable provision
under this rules of procedure, relevant provisions of the Rules
of Court of the Philippines, as amended, may be applied in
suppletory manner.
cases governed by the summary procedure
rules are typically resolved faster, because
judgment may already be rendered on the
pleadings, judicial affidavits, and documentary
and other object evidence submitted by the
parties.
IAR, Notices, Order, Resolutions and Decisions shall be
served upon the shipowner/operator/master/agent of the
shipowner or his counsel shall be by personal delivery or by
registered mail, or private courier. If no person is found in
his or her office, or if his or his office is not known, or he or
she has no office, service shall be made by leaving a copy
thereof with any member of the crew of the vessel found to
be in violation.
The issuance of an IAR is a mode of initiating administrative
proceedings against violators of PCG rules and regulations
on safety. It shall constitute sufficient notice of an
administrative case against the person(s) to whom it is
issued. For this purpose, a respondent is required to submit
evidence for and in his behalf before the Adjudication
Officer/Adjudicator having jurisdiction over the case within
the period prescribed in Para 3 (a).
For foreign flagged vessels, the reporting system under
para V (C) of Memorandum Circular No. 02-2006 will apply.
If the matter is referred to the Administration of the foreign
flagged vessel all pieces of evidence and necessary
documents be forwarded either to Commander, Maritime
Safety Service Command and a copy is furnished to CPCG
(Attn: CG-8 ) Application of circular on port state control.
 
Reporting under Memorandum Circular 02-
2006

-violations of safety circulars covered by PSC

measures shall be resolved first through the
PSC circular ( violation of traffic separation
schemes, casualty incidents which warrant
detention)

This is without prejudice to criminal actions

After the lapse of ten (10) days counted from the
receipt of the Adjudicating Officer/Adjudicator of the
controverting evidence submitted by the respondent,
or from the receipt of the EIAR by the respondent
without any response or controverting evidence being
submitted on his behalf, the Adjudicating
Officer/Adjudicator shall issue a Resolution ruling on
the alleged violation.
A motion for reconsideration against the
Resolution/Decision of the Adjudicating
Officer/Adjudicator can be filed with Adjudicating
Officer/Adjudicator within fifteen (15) days from
receipt of the Resolution/Decision thereof,
otherwise, the decision/resolution shall be deemed
final and executory. The motion shall be deemed to
include all grounds available to the respondent. The
Adjudicating Officer/Adjudicator shall have fifteen
(15) days to decide on the motion. A party is only
allowed to file one (1) motion for reconsideration.
a. Appeals on the Decision/Resolution/Order of the Adjudication
Officer/Adjudicator shall be appealable to the Maritime Safety
Adjudication Board within fifteen (15) days from receipt of the
Appeal.

Composition of the Maritime Safety Board:

 
Commanding Officer, VSSU
Commanding Officer, NSSU
Commanding Officer, RSEU
Commanding Officer, MARSAR
Commanding Officer, ANS
Chairman, MCIS
Legal Officer, MSSC
a. Appeals on the
Decision/Resolution/Order of the
Maritime Safety Adjudication Board shall
be appealable to the Commandant
within fifteen (15) days from receipt of
the Appeal.
IMO Member State Audit Scheme
(IMSAS)

Member States have the primary responsibility to

establish and maintain an adequate and effective
system to discharge their obligation as flag state, port
state and coastal state
IMO INSTRIMENTS IMPLEMENTATION CODE
the International Convention for the Safety of Life at Sea, 1974, as amended
(SOLAS 1974) (resolution MSC.366(93)).

the International Convention on Standards of Training, Certification and

Watchkeeping for Seafarers, 1978, as amended (STCW 1978) (resolution 
MSC.373(93))

the Seafarers' Training, Certification and Watchkeeping (STCW Code) (resolution 

MSC.374(93)).

the Protocol of 1988 relating to the International Convention on Load Lines, 1966
(1988 Load Lines Protocol), as amended (resolution MSC.375(93))

the Convention on the International Regulations for Preventing Collisions at Sea,

1972, as amended (COLREG 1972) (resolution A.1085(28)).
the International Convention on Load Lines, 1966 (LL 1966)
(resolution A.1083(28)).

the International Convention on Tonnage Measurement of Ships,

1969 (TONNAGE 1969), (resolution A.1084(28)).

the Annex of the Protocol of 1978 Relating to the International

Convention for the Prevention of Pollution from Ships, 1973
(resolution MEPC.246(66)).

Annex of the Protocol of 1997 to Amend the Convention for the

Prevention of Pollution from Ships, as Modified by the Protocol of
1978 relating thereto (resolution MEPC.247(66)).
 ADJUDICATION Dismiss
ISSUANCE OF
(AO)
INSPECTION IAR
10 days from
receipt Uphold IAR

NO MR
FINAL
MR AND
(15 days) EXECUT
ORY

APPEAL to MSB
DENY GRA
(15 days)
MR NT

Appeal to CPCG DENY GRAN

15 days Appeal T
SAMPLE ADJUDICATION
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olution of RB Trans CGS GUIMA
RAS.doc