Law Summary

Declaration of Unlawfulness

• Legal Principle: The use of high-powered inboard or outboard engines in watercraft of less than 100 gross tons that can exceed speeds of 15 knots is declared unlawful.
• Key Definitions:
  • High-Powered Engines: Refers to engines like Volvo PENTAS, MERCRUISER, etc.
  • Watercraft: Any vessel with a gross tonnage of less than 100.

Exceptions to the Decree

• Requirements: The prohibition does not apply to watercraft owned or operated by the Armed Forces of the Philippines.
• Registration: Watercraft must be constructed and registered with the Philippine Coast Guard to be exempt from this decree.

Enforcement and Jurisdiction

• Procedures:
  • The Philippine Coast Guard is granted exclusive jurisdiction over seizure proceedings against vessels violating the decree.
  • Seizure can occur independently of any criminal action.

Penalties for Violation

• Consequences:
  • Individuals violating the decree will face prosecution before the Military Tribunal.
  • Penalties include imprisonment from 2 to 4 years and fines ranging from P5,000 to P10,000.
  • Additional liabilities may arise if the violation contravenes other laws under Proclamation No. 1081.

Accountability of Responsible Parties

• Liabilities:
  • Crew members and corporate officers who knowingly allow the installation of high-powered engines will face similar penalties.
  • Conviction will result in the forfeiture of the vessel/watercraft, which will be controlled by the Secretary of National Defense for law enforcement.

Implementation of Regulations

• Authority: The Secretary of National Defense is tasked with promulgating the implementing rules and regulations for this decree.

Effective Date

• Timeframe: This decree takes effect immediately upon its signing on February 19, 1975.

Key Takeaways

• The decree prohibits high-powered engines in small watercraft exceeding 15 knots, with specific exceptions for armed forces vessels.
• The Philippine Coast Guard oversees enforcement and can seize non-compliant watercraft.
• Violators face significant penalties, including imprisonment and fines, with possible forfeiture of the vessel.
• Implementation of this decree falls under the jurisdiction of the Secretary of National Defense, with immediate effect.