QuestionsQuestions (Republic Act No. 9993)
RA 9993 is titled the “Philippine Coast Guard Law of 2009.” It establishes the Philippine Coast Guard (PCG) as an armed and uniformed service attached to the Department of Transportation and Communications (DOTC), repeals RA 5173 (as amended), and provides for related matters.
Under Section 2, the PCG is attached to the DOTC. In times of war, as declared by Congress, the PCG (or parts thereof) shall be attached to the Department of National Defense.
Examples include: enforcing maritime safety regulations in line with international conventions and national laws; conducting inspections on merchant ships and vessels; detaining or preventing non-compliant ships from sailing/leaving port; coordinating/establishing/maintaining aids to navigation and search and rescue facilities; rendering aid and conducting search and rescue; investigating maritime accidents; assisting maritime security and enforcing various laws within maritime jurisdiction.
The PCG may conduct inspections on all merchant ships and vessels, including inspections prior to departure, to ensure and enforce compliance with safety standards, rules, and regulations.
The PCG may detain, stop, or prevent the ship or vessel from sailing or leaving port.
The PCG must coordinate, develop, establish, maintain, and operate aids to navigation, vessel traffic system, maritime communications, and search and rescue facilities within Philippine maritime jurisdiction.
The PCG may remove, destroy, or tow to port sunken or floating hazards to navigation, including illegal fish traps and vessels, at or close to sea lanes that may cause hazard to the marine environment.
Gender concerns must be addressed in planning activities, priorities, resource allocation, and actions; incorporated in internal policies, strategies, budgets, projects, structures, and mechanisms (including hiring, promotions, assignments, training opportunities, pay, and benefits); and integrated into training programs, especially maritime search and rescue.
The Commandant, who holds the rank of Coast Guard Admiral, is appointed by the President from among Flag Officers in the Coast Guard service; must have served as a District Commander; has a maximum term of three (3) years; and if he served for three (3) years prior to compulsory retirement, he is considered as retired and entitled to benefits as if compulsorily retired.
The PCG consists of: PCG officers; PCG non-officers; PCG non-uniformed personnel; probationary ensign; and cadets and cadettes.
The distribution is based on the ratio of one (1) officer to every seven (7) non-officer. The percentages are prescribed for each officer rank, with a rule for reallocating differences to a lower rank if the actual number in a rank is less than prescribed.
The authorized Flag Officer distribution is: Coast Guard Admiral (1), Vice Admiral (1), Rear Admiral (5), Commodore (15). No officer may be promoted to the rank of Coast Guard Commodore or higher unless there is an existing vacancy and the officer is occupying a position in the table of organization requiring the rank.
Maximum tenures are: Admiral (3 years), Vice Admiral (3 years), Rear Admiral (3 years), Commodore (5 years), Captain (7 years). Unless earlier separated, retired, or promoted, they are compulsorily retired upon reaching maximum tenure or upon reaching compulsory retirement age, whichever comes earlier. Officers already holding the ranks as of approval may be allowed one (1) additional year unless they already reached compulsory retirement age.
Key positions (except for the Commandant) are limited to a maximum tenure of three (3) years: Commandant, Deputy Commandant, and District Commander. Except for the Commandant, no officer may be assigned/designated to those positions or promoted to Commodore or higher if he has less than one (1) year of active service remaining prior to compulsory retirement.
Section 16 provides that the AFP Military Justice System applies to disciplinary cases against PCG officers and non-officers. For PCG non-uniformed employees, disciplinary cases are governed by Civil Service Commission rules and regulations.
They are compulsorily retired upon attaining age fifty-six (56) or upon accumulation of thirty (30) years of continuous satisfactory active service, whichever comes later, but they must have a minimum of twenty (20) years of active service.
Monthly retirement pay is 50% of the base pay and longevity pay of the next higher grade last held in case of 20 years of active service, increasing by 2.5% for every year beyond 20 years, capped at 90% for 36 years of active service and over.
(1) Section 22 states PCG has exclusive ownership, possession, control, and supervision over properties transferred by EOs 475 (March 30, 1998) and 477 (April 15, 1998), including vessels, firearms, communications, vehicles, buildings, real estate, and lighthouse reservations. (2) Section 28 provides effectivity 15 days after publication in the Official Gazette or in any two newspapers of general circulation.