Question & AnswerQ&A (MIA MEMORANDUM CIRCULAR NO. 139)
Republic Act No. 5173 (PCG Charter) allows the Philippine Coast Guard to enforce maritime safety laws, rules, and regulations without a MOA with MARINA.
The two major activities are: 1) Enforcement of laws, rules and regulations affecting maritime safety, and 2) Issuance of certain/specified vessel safety documents.
The PCG is authorized to verify compliance with: a) Certificate of Vessel Registry; b) Pleasure Yacht Registration/Permit; c) Certificate of Number; d) Coastwise License; e) Certificate of Inspection/Interim Certificate of Inspection.
The PCG verifies compliance with the terms and conditions of the CPC, Provisional Authority (PA), Special Permit (SP), or CPC Exemption, including MARINA-prescribed routes and schedules, validity of passenger insurance, and maximum authorized passenger capacity to prevent overloading.
The PCG may serve copies of Cease and Desist Orders (CDO), issue and serve Inspection Apprehension Reports (IAR), conduct hearings and impose fines and penalties, and recommend denial of departure clearance for detained vessels.
PCG personnel responsible for issuing Certificates of Inspection (CI), Interim Certificate of Inspection (ICI) and Special Certificates of Inspection must observe the qualification requirements prescribed by MARINA and adhere closely to MARINA's procedures and forms for issuance.
The PCG must submit monthly reports to the DOTC Secretary, with copies to MARINA, including updates on maritime incidents, lists of inspectors and issuing officers with qualifications, copies of issuances, investigation reports/findings of violations, and reports on vessel movement control during typhoons or adverse weather.
Revenues collected by the PCG from deputized functions must be properly receipted, recorded, and remitted to the Bureau of Treasury for and on behalf of MARINA, in accordance with DBM and COA rules, with certifications submitted to the nearest MARINA office monthly.