December 9,
1974REVISED COAST
GUARD
LAW OF 1974
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 of life and property at sea;
WHEREAS, it is urgently
necessary to maintain the present role of the Coast Guard as the
guardian
of the 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
changes
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:chanroblesvirtuallawlibrary
SECTION 1. Title -
This Decree shall be known as the Revised Coast Guard Law of 1974.
SECTION 2. Coast Guard
Objectives - The Philippine Coast Guard created pursuant to
Republic
Act. No. 5173 shall have the following general objectives:chanroblesvirtuallawlibrary
a) 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;b) To enforce laws,
promulgate
and administer regulations for the promotion of safety of life and
property
within the maritime jurisdiction of the Philippines;
c) To develop,
establish,
maintain and operate with due regard to the requirements of national
defense
aids to maritime navigation for the promotion of safety on over high
seas
and territorial waters of the Philippines;
d) To promulgate,
administer
and enforce rules and regulations, 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;
e) To provide
necessary assistance
to government agencies promoting the economic development of the
maritime
industry in the Philippines; and
f) To enforce laws,
promulgate
and administer regulations for marine environmental protection of the
territorial
waters of the Philippines.
SECTION 3. Abolition
of Board
of Visitors - The Board of Visitors provided under Section 2 of RA
5173 is abolished.chanrobles virtualawlibrary
SECTION 4. Administration
and Operation - The Philippine Coast Guard shall be placed under
the
direct supervision and control of the Secretary of National Defense.
SECTION 5. Specific Functions - The Philippine
Coast Guard shall perform the following
functions:chanroblesvirtuallawlibrary
a) 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;b) To approve plans
for the
construction, repair or alteration of vessels; approve materials,
equipment
and appliances; register all types of motorized watercraft plying in
Philippine
waters; issue certificates if 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 complied with this Section;
c) To promulgate
and enforce
rules for lights, signals, speed, steering, sailing, passing,
anchorage,
movement and towlines of vessels and lights and signals in 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;
d) To prescribe and
enforce
regulations for outfitting and operation of motorboats and the
licensing
of motorboats;
e) 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;
f) To establish,
develop,
operate and maintain aids to navigation and facilities for search and
rescue
operations as well as prescribe and enforce rules and regulations
relative
thereto;
g) 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;
h) To supervise
nautical
schools and maritime training programs and prescribe minimum
requirements
in the conduct of sources in navigation, seamanship, marine engineering
and other allied matters in coordination with the Department of
Education
and Culture;
i) 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;
j) To enforce laws
and promulgate
rules and regulations governing manning of merchant vessels and fishing
boats as well as those governing citizenship and mustering and drilling
of crews requirements, control of logbooks, shipment, discharge,
protection,
and welfare of merchant seaman;
k) To quality
officers, pilots,
major and minor patrons and seaman 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.
l) To prescribe
rules and
regulations for the training and certification of unlicensed merchant
marine
personnel and selected skills in the shipbuilding industry;
m) 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 ship owners and officers;
n) 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 the law or
applicable regulations; and collect and take charge of bodies of those
who may perish in such disasters;
o) To regulate
regattas and
marine parades;
p) 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;
q) To perform
functions pertaining
to maritime communications in coordination with the Radio Control
Commission
Office and other cognizant agencies, particularly the requirements of
international
conventions on Safety of Life at Sea (SOLAS) as regards maritime
communications;
r) 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 or his duly designated representative;
s) To enforce laws
and prescribe
rules and regulations relative to vessels engaged in the barter trade
as
provided in Presidential Decree No. 93;
t) To exercise
exclusive
jurisdiction over seizure proceedings against vessels apprehended for
violations
of the Coast Guard, rules and regulations;
u) To assist within
its capabilities
and upon request of the appropriate authorities, other government
agencies
in the performance of their 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.
SECTION 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.chanrobles virtualawlibrary
The Marine Safety Division,
including the Naval Architecture and Engineering Section, the Maritime
Safety Inspection, 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
sub-paragraph (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
Lighthouse
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.
SECTION 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
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 of procedure for proceedings before the Board
of Marine Inquiry. The members of the Board shall receive a per diem of
forty pesos each day of not less than seven hours of service rendered
in
connection with marine investigations.
SECTION 8. Organization
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.
SECTION 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 form the Philippine Coast Guard in
accordance
with applicable regulations.
SECTION 10. Interference
with Aids to Navigation - It shall be unlawful for any person,
association,
or corporation to remove change, change the location of obstruct,
willfully
damage, make fast to, or interfere with any aid to maritime navigation.
SECTION 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 violation of any
regulation
that it promulgates.
SECTION 12. Appropriation - 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
correspondingly 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
specially
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, any revenue collected and/or donations
received by it shall be automatically appropriated for the Philippine
Coast
Guard.
SECTION 13. All laws, decrees,
orders, instructions, rules and regulations and parts thereof
inconsistent
with this Decree are hereby repealed and/or modified accordingly.
SECTION 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.
FERDINAND E.
MARCOSPresident of the
Philippines