WHEREAS, there is a need to organizationally modify the
Philippine Coast Guard to enable it to discharge its functions more
efficiently and effectively;
WHEREAS, there is a need to consolidate functionally related
activities into an integrated system to best promote safety or life and
property at sea;
WHEREAS, it is urgently necessary to maintain the present
role of the Coast Guard as the guardian of sea safety, and afford a
total approach in its supervision over the Philippine merchant ships
with the end in view of promoting a progressive, reliable and safe
merchant marine;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution,
in order to effect the desired charges and reforms in the social,
economic and political structure of our society, do hereby decree and
order that the following be adopted and made part of the laws of the
land:
SEC. 1. Title. — This Decree shall be known as the
Revised Coast law of 1974.
SEC. 2. Coast Guard Objectives. — The Philippine
Coast Guard created pursuant to Republic Act No. 5173 shall have the
following general objectives:
- To enforce or assist in the enforcement of all applicable laws
upon the high seas and territorial waters of the Philippines including
all ports, customs zones, waterways and other inland waters;
- To enforce laws, promulgate and administer regulations for the
promotion of safety of life and property within the maritime
jurisdiction of the Philippines;
- To develop, establish, maintain and operate with clue regard to
the requirements of national defense, aids to maritime navigation for
the promotion of safety on and over high seas and territorial waters of
the Philippines;
- To promulgate, administer and enforce rules and regulations for
national sea search and rescue operations, operate rescue facilities
and participate in behalf of the Philippine government in international
conferences for regional cooperation relative to the promotion of safety
of life and property at sea;
- To provide necessary assistance to government agencies
promoting the economic development of the maritime industry in the
Philippines; and
- To enforce laws, promulgate and administer regulations for
marine environmental protection of the territorial waters of the
Philippines.
SEC. 3. Abolition of Board of Visitors. — The Board
of Visitors provided under Section 2 and RA 5173 is abolished.
SEC. 4. Administration and Operation. — The
Philippine Coast Guard shall be placed under the direct supervision and
control of the Secretary of National Defense.
SEC. 5. Specific Functions. — The Philippine Coast
Guard shall perform the following functions:
- To prevent and suppress illegal entry, illegal fishing, illegal
gathering of corals and other marine products, smuggling, other customs
frauds and violations of other maritime and fishery laws that may be
committed within the waters of the Philippines and, for this purpose,
surveillance and inspection by the Philippine Coast Guard may be made
on vessels entering and/or leaving Philippine territory; Provided,
That any other law enforcement agency may be called upon by the
Philippine Coast Guard to render assistance in the discharge of this
function:
- To approve plans for the construction, repair or alteration of
vessels; approve materials, equipment and appliance of vessel; approve
the classification of vessels; inspect vessels and their equipment and
appliances; register all types of motorized watercraft plying in
Philippine waters; issue certificates of inspection and/or permits,
indicating the approval of vessels for operation; issue certificates of
Philippine registry of vessels; administer load line requirements;
promulgate and enforce other provisions for the safety of life and
property of vessels; determine the numbering of undocumented vessels;
Provided, That certification and approval of any plans, equipment
and any vessels by internationally known classification societies which
are recognized by the Philippine government shall be deemed to have
compiled with this Section;
- To promulgate and enforce rules for lights, signals, speed,
steering, sailing, passing, anchorage, movement and towlines of vessels
and lights and signals on bridges; supervise, control and regulate
vessels engaged in the carriage of passengers and dangerous cargo; and,
regulate the length, method and speed of tow in bays and rivers of the
Philippines;
- To prescribe and enforce regulations for outfitting and operation
of motorboats and the licensing of motor-boats;
- To destroy or tow in port sunken or floating dangers to
navigation, including fish traps at or close to sea lanes, and 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;
- To establish, develop, operate and maintain aids to navigation
and facilities for search and rescue operations as well as prescribe
rules and regulations relative thereto;
- To promulgate, administer and enforce rules and regulations
giving effect to the provisions of international conventions for the
safety of life and property at sea and to represent the Philippine
government in such conventions in the interest of promoting regional
cooperation;
- To supervise nautical school and maritime training programs and
prescribe minimum requirements in the conduct of courses in navigation,
seamanship, marine engineering and other allied matters in coordination
with the Department of Education and Culture;
- To establish, maintain and operate a Seaman's Training Center for
the training of seafarers for employment aboard inter-island and
ocean-going vessels, and in this connection, to establish, maintain and
operate a registration and placement unit or office for the
administration or seaman's affairs;
- To enforce laws and promulgate rules and regulations governing
manning of merchant vessels and fishing boats as well as those governing
citizenship and mustering drilling of crews requirements control of
logbooks, shipment, discharge, protection, and welfare of merchant
seamen;
- To qualify officers, pilots, major and minor patrons and seamen
through proper examinations and issue licenses and certificates as proof
of their qualification, as well as suspend and revoke such licenses and
certificates in accordance with the rules and regulations prescribed by
the Commandant of the Philippine Coast Guard;
- To prescribe rules and regulations for the training and
certification of unlicensed merchant marine personnel and selected
skills in the shipbuilding industry;
- To enforce laws and promulgate rules and regulations requiring
performance of duties of ship-owners and officers after accidents and
investigate marine casualties and disasters including those arising from
marine protests relative to the liability of shipowners and officers;
- To render aid to distressed persons or vessels on the high seas
and on waters subject to the jurisdiction of the Philippines, and, in
this connection, the Philippine Coast Guard may perform any and all acts
necessary to rescue and aid persons; furnish clothing, food, lodging,
medicine and other necessary supplies and services to persons succored;
protect, save, and take charge of all property saved from marine
disasters until such property is delivered to persons authorized to
receive it or is otherwise disposed of in accordance with law or
applicable regulations; and, collect and take charge of bodies of those
who may perish in such disasters;
- To regulate regattas and marine parades;
- To enforce laws, promulgate and administer rules and regulations
for the prevention of marine pollution within the territorial waters of
the Philippines in coordination with the National Pollution Control
Commission;
- To perform functions pertaining to maritime communications in
coordination with the Radio Control Office and other cognizant agencies,
particularly the requirements of international conventions on Safety of
Life at Sea (SOLAS) as regards maritime communications;
- To control, operate and manage all privately owned ships, barges
and other watercraft of Philippine registry relative to the movement of
strategic materials as the national security and economic interest of
the country may warrant or as ordered by the President of the
Philippines or his duly designated representative;
- To enforce laws and prescribe rules and regulations relative to
vessels engaged in the barter trade as provided in Presidential Decree
No. 93;
- To exercise exclusive jurisdiction over seizure proceedings
against vessels apprehended for violation of the Coast Guard Law, rules
and regulations;
- To assist within its capabilities and upon request of the
appropriate authorities, other government agencies in the performance of
their functions, within the waters subject to the jurisdiction of the
Philippines, relating to matters and activities not specifically
mentioned in this section; Provided, That in the exercise of
these functions, personnel of the Philippine Coast Guard shall be deemed
to be acting as agents of the particular department, bureau, office,
agency or instrumentality charged with the enforcement and
administration of the particular law. Members of the Philippine Coast
Guard are peace officers for all purposes of this Decree and shall be,
and shall act, as law enforcement agents of the Bureau of Customs, the
Bureau of Fisheries and Aquatic Resources, the Commission on Immigration
and Deportation, the Bureau of Internal Revenue, the National Pollution
Control Commission, the Radio Control Office and such other
departments, bureaus or offices in the enforcement of pertinent laws,
rules and regulations.
SEC. 6. Organization. — The Philippine Coast Guard
shall continue to be headed by a Commandant who shall be a Flag Officer.
The Philippine Coast Guard shall be organized into operational units or
subordinate commands for the effective exercise of the functions and
duties vested upon it under this Decree and shall modify or revise such
organization to suit the requirements of its functions.
The
Marine Safety Division, including the Naval Architecture and Engineering
Section, the Maritime Safety Inspection Section, the Registration and
Licensing Section, and the functions of the Hulls and Boilers Division,
the Board of Marine Inquiry as then existing in the Bureau of Customs,
and all other agencies or instrumentalities of the Government, and
pertaining any of the functions provided for in subparagraphs (c) to
(n), inclusive, of Section 3 of RA 5173, which were transferred to the
Philippine Coast Guard, together with their personnel, records, files,
supplies, equipment, furniture, funds and other properties, pursuant to
the said Act, shall remain so transferred, including the Ligthouse
Service of the Philippine Navy; Provided, That the Commandant of
the Philippine Coast Guard shall have the power to reorganize these
divisions and sections to be responsive to the needs of the Philippine
Coast Guard.
SEC. 7. Composition of the Board, of
Marine Inquiry. — The Board of Marine inquiry shall be composed of
five (5) members to be appointed by the Secretary of National Defense
upon the recommendation of the Commandant, Philippine Coast Guard.
Unless otherwise directed by the Secretary of National Defense, the
Board of Marine Inquiry shall be constituted as follows: One Coast Guard
line of officer of Captain's rank as Chairman, two Master Mariners, and
one Chief Engineer of the Philippine merchant marine, and one other who
shall be a member of the Philippine Bar. The Commandant, Philippine
Coast Guard shall prescribe the rules and procedure for proceedings
before the Board of Marine Inquiry. The members of the Board shall
receive a per diem of forty pesos for each day of not less than seven
hours of service rendered in connection with marine investigations.
SEC. 8. Administration of the Philippine Merchant
Marine Academy. — The Philippine Merchant Academy created pursuant
to RA 3680, to include its personnel, funds, records, equipment and
other assets, is hereby placed under the administrative and operational
control of the Philippine Coast Guard. The Academy shall be headed by a
Superintendent who shall be appointed by the Secretary of National
Defense upon the recommendation of the Commandant, Philippine Coast
Guard.
SEC. 9. Unauthorized Aids to Maritime Navigation. —
No person, association or corporation shall establish, erect or
maintain any aid to maritime navigation without first obtaining
authorization from the Philippine Coast Guard in accordance with
applicable regulations.
SEC. 10. Interference with Aids to Navigation. — It
shall be unlawful for any person, association, or corporation, to
remove, change the location of, obstruct, wilfully damage, make fast to,
or interfere with any aid to maritime navigation.
SEC. 11. Penal Provision. — Any person,
association, or corporation that violates any provision of this Decree,
or the rules and regulations promulgated thereunder, shall, upon
conviction, be punished with a fine of not less than two hundred pesos
nor more than one thousand pesos or by imprisonment of not less than
thirty days nor more than six months, or both; Provided, That, in
case the violation is committed by an association or corporation, the
penalty herein prescribed shall be imposed on the responsible officers
or directors thereof; Provided, finally, That nothing in this
Decree shall prevent the Philippine Coast Guard from providing
administrative penalties for volation of any regulation that it
promulgates.
SEC. 12. Appropriations. — Such sums as may be
needed to carry out the provisions of this Decree which are now
appropriated for the Philippine Coast Guard shall continue to be carried
in the annual General Appropriations Decree and increase corresponding
until the. Coast Guard shall have attained fully its growth and shall be
authorized a separate Project under Program II of the Program and
Budget System of the Armed Forces of the Philippines to be denominated
Coast Guard Operations, with the Commandant, Philippine Coast Guard as
the Project Coordinator/Administrator. Notwithstanding the amount
specifically provided in the appropriations for the Philippine Coast
Guard, any revenue collected and/or donations received by it shall be
automatically appropriated for the Philippine Coast Guard.
SEC. 13. All laws, decrees, orders, instructions, rules
and regulations and parts thereof inconsistent with this Decree are
hereby repealed and/or modified accordingly.
SEC. 14. This Decree shall take effect immediately.
Done in the City of Manila, this 9th day of December, in the
year of Our Lord, nineteen hundred and seventy-four.