Law Summary
Powers and Functions of the PCG
- Enforce maritime safety regulations in accordance with international conventions, treaties, and national laws.
- Conduct inspections on all merchant ships and vessels to ensure compliance with safety standards.
- Detain or prevent non-compliant ships from leaving ports.
- Conduct emergency readiness evaluations on merchant vessels.
- Issue and enforce maritime rules and regulations subject to DOTC Secretary's approval.
- Maintain aids to navigation, vessel traffic systems, communications, and search and rescue facilities.
- Remove hazards to navigation, including sunken vessels and illegal fish traps.
- Supervise marine salvage operations and issue salvage permits.
- Provide search and rescue services within maritime jurisdiction including the high seas.
- Investigate maritime accidents involving death or property damage.
- Assist in maritime security, anti-terrorism efforts, and enforcement of laws related to fisheries, immigration, customs, forestry, explosives, drugs, human trafficking, and transnational crimes.
- Enforce marine environmental protections and develop oil spill response capabilities.
- Organize, train, and supervise the PCG Auxiliary.
- Perform other necessary functions related to its mandate.
Gender Sensitivity Program
- Integrate gender concerns and sensitivity in all planning, resource allocation, policies, and training.
- Ensure non-discrimination in hiring, promotions, assignments, pay, and benefits.
- Apply gender perspective especially in maritime search and rescue training.
PCG Commandant
- The PCG shall be headed by a Commandant with the rank of Coast Guard Admiral.
- Appointment by the President from qualified Flag Officers with command-at-sea experience.
- Maximum term of three years.
- Retirement rules apply after the maximum term if three years were served.
Organizational Structure
- The PCG consists of officers, non-officers, non-uniformed personnel, probationary ensigns, and cadets/cadettes.
Officer Ranks Distribution
- Officer ranks distributed from 2% Flag Officers to 42% junior ranks.
- Officer to non-officer ratio is 1:7.
- Adjustments allowed if actual numbers differ.
Distribution and Limits for Flag Officers
- Sets maximum numbers for Flag Officer ranks: 1 Admiral, 1 Vice Admiral, 5 Rear Admirals, 15 Commodores.
- Distinct from Philippine Navy ranks.
- Promotions to Flag Officer ranks require existing vacancies and proper positions.
Maximum Tenure in Rank
- Flag Officer ranks (Admiral, Vice Admiral, Rear Admiral) limited to 3 years.
- Commodores limited to 5 years; Captains to 7 years.
- Compulsory retirement upon reaching maximum tenure or retirement age.
- One-year grace period for incumbents as of enactment.
Maximum Tenure in Key Positions
- Maximum 3-year term for Commandant, Deputy Commandant, and District Commanders.
- Officers must have at least one year active service before compulsory retirement to be assigned these key roles.
PCG Auxiliary (PCGA)
- Civilian volunteer organization under PCG supervision.
- Assists in maritime safety, environmental protection, search and rescue, navigation aids, and community services.
Appointment Procedures
- PCG officers start as Ensign appointed by the DOTC Secretary upon Commandant recommendation.
- Initial ranks for specialized personnel (chaplains, medical professionals, lawyers) start at Lieutenant.
- Candidates must be natural-born citizens, at least 21 years old, physically fit, and hold a baccalaureate degree.
- PCG Commandant and Flag Officer appointments require Presidential approval.
- Non-officers appointed by the Commandant; non-uniformed personnel governed by Civil Service rules.
Promotions
- Officer promotions recommended by PCG Officers Selection and Promotion Board and approved by DOTC Secretary.
- Flag Officer promotions require approval of the President.
- Non-officer promotions recommended and approved by Commandant via relevant board.
- Special promotions for meritorious deeds available for non-officers.
- Non-uniformed personnel promotions governed by Civil Service laws.
Salaries and Benefits
- Uniformed personnel receive pay and benefits equivalent to Armed Forces of the Philippines counterparts.
- Non-uniformed personnel salaries follow Civil Service laws.
Active Service Definition
- Includes service as officer, non-officer, probationary ensign, or civilian official in PCG.
- Also includes confirmed service as civilian government employee.
Disciplinary Actions
- Military Justice System governs discipline of officers and non-officers.
- Civil Service regulations govern non-uniformed personnel discipline.
Retirement Rules
- Compulsory retirement at age 56 or 30 years continuous active service, whichever is later, but with minimum 20 years service.
- Non-uniformed personnel retirement under Civil Service laws.
Retirement Benefits
- Officers and non-officers receive retirement pay starting at 50% of base and longevity pay with increments up to 90% for over 36 years of service.
- Non-uniformed personnel benefits under Civil Service/Government Service Insurance System laws.
Separation from Service
- Officers and non-officers may be separated for failing to meet proficiency or voluntary resignation.
- Non-uniformed separations governed by Civil Service laws.
Collection of Revenues
- PCG authorized to collect fees, dues, charges, and fines related to its functions.
Rule-making Authority
- DOTC Secretary empowered to issue necessary rules, fix charges and penalties for PCG implementation.
Property and Equipment Control
- PCG retains exclusive ownership, control, and supervision over transferred properties including vessels, firearms, equipment, buildings, and lighthouse reservations.
Coast Guard Bases and Facilities
- PCG tasked with developing and enhancing operational capabilities and strategic presence through bases and facilities.
Appropriations and Funding
- DOTC Secretary to prepare guidelines for PCG establishment funding.
- Initial funding charged to current PCG appropriations, thereafter included in annual budget.
Transitory Provisions
- All prior appointments and promotions remain valid upon enactment of the Act.
Separability Clause
- Invalidity of any provision does not affect the validity of other parts of the Act.
Repealing Clause
- Prior inconsistent laws, orders, or issuances are repealed or amended accordingly.
Effectivity
- The Act takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.