QuestionsQuestions (Republic Act No. 5173)
RA 5173, Sec. 1(a)-(c) states that the Philippine Coast Guard’s general objectives are: (1) to enforce or assist in enforcing applicable laws upon high seas and waters within Philippine jurisdiction; (2) to enforce laws and administer regulations for safety of life and property within Philippine maritime jurisdiction; and (3) to develop, establish, maintain, and operate aids to maritime navigation and rescue facilities for safety, subject to national defense requirements.
The Board of Visitors consists of the Flag Officer-in-Command of the Philippine Navy, the Commissioner of the BIR, the Commissioner of the Bureau of Customs, the Secretary of Foreign Affairs, the Commissioner of the Bureau of Immigration, the President of the Filipino Shipowners Association, and the Commandant of the Philippine Coast Guard as ex-officio member.
It creates a Board of Visitors with visitorial and policy-making powers.
Section 3(a) provides that the Coast Guard shall prevent and suppress illegal entry, smuggling, other customs frauds, and other maritime law violations, and for this purpose surveillance of vessels entering and/or leaving Philippine territory may be made.
Section 3(b) tasks the Coast Guard to assist in suppressing fishing by means of dynamite, explosives, toxic substances, or other destructive methods declared by the proper authorities.
Under Section 3(c), it may promulgate and enforce rules for lights, signals, speed, steering, sailing, passing, anchorage, movement, and towlines of vessels, including lights and signals on bridges.
Section 3(d) requires the Coast Guard to: approve plans for construction/repair/alteration; approve materials/equipment/appliances; approve classification; inspect vessels and equipment; register all types of motorized watercraft plying in Philippine waters; issue inspection certificates and permits for operation; issue certificates of Philippine registry; administer load line requirements; promulgate/enforce other safety provisions; and determine numbering of undocumented vessels.
Section 3(d) states that certification and approval of plans/equipment/vessels by internationally known classification societies recognized by the Philippine Government shall be deemed to have complied with Section 3(d).
Section 3(e) authorizes the Coast Guard to issue licenses and certificates to officers, pilots, major and minor patrons, and seamen, and to suspend and revoke such licenses and certificates.
It must investigate marine casualties and disasters, including those arising from marine protests filed with the Bureau of Customs relative to liability of shipowners and officers.
Section 3(g) covers laws/rules on manning, citizenship, mustering and drilling of crews, control of logbooks, shipment, discharge, and protection/welfare of merchant seamen. Section 3(h) covers enforcing laws requiring performance of duties of shipowners and officers after accidents.
It requires the Coast Guard to prescribe and enforce regulations for outfitting and operation of motorboats and the licensing of motorboat operators.
Section 3(k) authorizes the Coast Guard to render aid to distressed persons or vessels; perform necessary rescue and aid acts; furnish clothing, food, lodging, medicine, and supplies; protect/save/take charge of property saved until delivered to authorized persons or disposed of as provided by law; and collect and take charge of bodies of those who perish.
It authorizes the Coast Guard to destroy or tow in port sunken or floating dangers to navigation while developing and operating aids to maritime navigation.
It must supervise nautical schools with reference to activities relative to navigation, seamanship, marine engineering, and other allied matters, in coordination with the Department of Education.
It authorizes the Coast Guard to perform functions pertaining to maritime communications that are not specifically delegated to some other office or department.
It allows the Coast Guard, within its capabilities and upon request of appropriate authorities, to assist other government agencies in matters/activities within Philippine waters not specifically mentioned in Section 3. It also states that Coast Guard personnel are deemed agents of the particular department/bureau/office enforcing the particular law.
Section 3(o) provides that members are peace officers for all purposes of the Act and act as law enforcement agents of the Bureau of Customs, Bureau of Immigration, Bureau of Internal Revenue, Fisheries Commission, and other departments/bureaus/offices in enforcing pertinent laws/rules/regulations.
Section 7 imposes, upon conviction, a fine of not less than Php 100 nor more than Php 500, or imprisonment of not less than 30 days nor more than 6 months, or both. If the violator is an association or corporation, the penalty is imposed on responsible officers or directors. It also allows administrative penalties by the Coast Guard for violations of regulations.
Section 5 prohibits any person/association/corporation from establishing, erecting, or maintaining any aid to maritime navigation without prior authorization from the Coast Guard. Section 6 makes it unlawful to remove, change location of, obstruct, wilfully damage, make fast to, or interfere with any aid to maritime navigation.