QuestionsQuestions (MIA MEMORANDUM CIRCULAR NO. 139)
To formalize the deputization of the Philippine Coast Guard (PCG) to implement and enforce maritime safety rules and regulations, and to clarify the delineation of functions between MARINA (maritime administration) and PCG (maritime enforcer).
Section 12(f) of Executive Order No. 125, as amended, in consonance with DOTC Department Order No. 98-1180 dated 09 October 1998.
Despite PCG’s asserted authority under its charter (RA 5173) to enforce maritime safety laws even without an MOA, there remained a clamor for clearer and more detailed delineation of functions to improve coordination for safety of life and property at sea.
(1) Enforcement of laws, rules and regulations affecting maritime safety, and (2) Issuance of certain specified vessel safety documents.
Philippine-registered vessels engaged in domestic trade.
Examples include Certificate of Vessel Registry, Pleasure Yacht Registration/Permit, Certificate of Number, Certificate of Ownership, Coastwise License, Bay and River License, Certificate of Inspection/Interim Certificate of Inspection, Special Certificate of Inspection, permits for cargo/fishing vessels, special permits to navigate, permits for hazardous cargoes, SIRB, endorsements under M.C. No. 83, other seafarer-related documents, and Motor Boat Operator’s License (MBOL).
By checking MARINA-prescribed routes and schedules of trips, validity of required passenger insurance policy for passenger-carrying vessels, and maximum authorized passenger capacity via headcounting if there is clear indication of overloading/overcrowding.
PCG shall serve copies of MARINA-issued CDOs on the Master of the vessel and enforce the same.
They are evaluations that PCG is tasked to conduct as part of enforcing maritime safety compliance, particularly relevant to readiness for emergencies.
PCG shall undertake control of the movement of vessels/watercrafts during typhoons and adverse weather conditions.
PCG conducts appropriate hearing/disposition for purposes of imposing fines and penalties, and provides required copies and reports to MARINA and other agencies as specified.
PCG provides a copy of the IAR to PPA in accordance with Executive Order No. 493, with a recommendation to deny issuance of departure clearance where detention of the vessel is warranted.
PCG must submit monthly reports to the Secretary of DOTC, with a copy furnished to MARINA Administrator, on deputized functions and update reports on maritime incidents.
PCG must submit: (1) list of inspectors and issuing officers by area of assignment including qualifications and specimen signatures; (2) copies of all issuances to the nearest MARINA office monthly; (3) copies of investigation reports/findings including decisions/violations where applicable; and (4) reports to the concerned Maritime Regional Director and MARINA Central Office action officer regarding control undertaken on vessel movement during typhoons/adverse weather.
Revenues must be properly receipted, recorded, and remitted to the Bureau of Treasury in accordance with DBM and COA rules, for and in behalf of MARINA. Deposited/remitted income certified by the bank and Bureau of Treasury must be submitted to the nearest MARINA office within the first seven (7) days of the following month.
Transitory: certificates/permits issued by MARINA before effectivity remain valid until expiration unless revoked/cancelled. Effectivity: takes effect immediately upon publication once in a newspaper of general circulation.