Philippine Coast Guard Law of 2009

Establishment and government attachment

The Philippine Coast Guard (PCG) is established as an armed and uniformed service attached to the Department of Transportation and Communications (DOTC) (Section 2).
In times of war, as declared by Congress, the PCG or parts thereof are attached to the Department of National Defense (Section 2).

Powers, functions, and operational mandates

The PCG shall enforce maritime safety rules by enforcing regulations in line with maritime international conventions, treaties or instruments and national laws to promote safety of life and property at sea within the maritime jurisdiction of the Philippines, and shall conduct port state control implementation (Section 3).
The PCG shall conduct inspections on all merchant ships and vessels, including inspections prior to departure, to ensure and enforce compliance with safety standards, rules and regulations (Section 3).
The PCG may detain, stop or prevent any ship or vessel that does not comply with safety standards, rules and regulations from sailing or leaving port (Section 3).
The PCG shall conduct emergency readiness evaluation on merchant marine vessels (Section 3).
Subject to the approval of the Secretary of the DOTC, the PCG shall issue and enforce rules and regulations to promote safety of life and property at sea on all maritime-related activities (Section 3).
The PCG shall coordinate, develop, establish, maintain, and operate aids to navigation, vessel traffic system, maritime communications, and search and rescue facilities within the maritime jurisdiction of the Philippines (Section 3).
The PCG shall 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 (Section 3).
The PCG shall issue permits for salvage of vessels, supervise all marine salvage operations, and prescribe and enforce rules and regulations governing salvage (Section 3).
The PCG shall render aid to persons and vessels in distress and conduct search and rescue in marine accidents within the maritime jurisdiction of the Philippines, including the high seas, in accordance with applicable international conventions; for this purpose, it may enlist the services of other government agencies and the merchant marine fleet (Section 3).
The PCG shall investigate and inquire into the causes of all maritime accidents involving death, casualties and damage to properties (Section 3).
The PCG shall assist in maritime security enforcement, prevention or suppression of terrorism at sea, and performance of law enforcement functions in accordance with pertinent laws, rules and regulations (Section 3).
The PCG shall assist enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes, and other applicable laws within the maritime jurisdiction of the Philippines (Section 3).
The PCG may board and inspect all types of merchant ships and watercrafts in the performance of its functions (Section 3).
The PCG shall enforce laws and promulgate and administer rules to protect the marine environment and resources from offshore sources of pollution within the maritime jurisdiction of the Philippines (Section 3).
The PCG shall develop oil spill response, containment and recovery capabilities against ship-based pollution (Section 3).
The PCG may grant, within its capabilities and consistent with its mandate, requests for assistance of other government agencies in performance of their functions (Section 3).
The PCG shall organize, train, and supervise the PCG Auxiliary (PCGA) to assist in carrying out the PCG’s functions (Section 3).
The PCG shall perform other functions necessary to attain the objectives of the Act (Section 3).

Gender sensitivity requirements

Gender concerns must be addressed in all planning activities, setting of priorities, allocating of resources, and identifying actions and activities of the PCG (Section 4).
Gender sensitivity must incorporate a gender sensitive perspective in the implementation of PCG plans and programs (Section 4).
Gender sensitivity must be applied in PCG internal policies, strategies, budget, projects, structures and mechanisms, including hiring, promotions, assignment, training opportunities, and pay and benefits (Section 4).
A gender perspective must be integrated in all PCG training programs, especially maritime search and rescue (Section 4).

Command and organizational structure

The PCG is headed by a Commandant with the rank of Coast Guard Admiral (Section 5).
The Commandant is appointed by the President from among Flag Officers in the Coast Guard service and must have served as a District Commander of the PCG (Section 5).
The Commandant must hold a command-at-sea badge (Section 5).
The Commandant has a maximum term of three (3) years (Section 5).
A Commandant who has served for three (3) years prior to compulsory retirement is considered retired and entitled to all benefits available to a Coast Guard officer as if compulsorily retired (Section 5).
The PCG consists of: PCG officers, PCG non-officers, PCG non-uniformed personnel, probationary ensign, and cadets and cadettes (Section 6).

Officer ranks, flag distribution, and tenure limits

The PCG officer rank distribution is 2% in the Flag Officer rank, 6% in Coast Guard Captain, 12% in Coast Guard Commander, 18% in Coast Guard Lieutenant Commander, 20% in Coast Guard Lieutenant, and 42% in Coast Guard Lieutenant Junior Grade and Coast Guard Ensign (Section 7).
The distribution is based on the ration of one (1) officer to every seven (7) non-officer (Section 7).
If the actual number in a rank is less than prescribed, the difference may be applied as an increase to the number in a lower rank (Section 7).
Authorized Flag Officers are distributed as follows: Coast Guard Admiral—1, Coast Guard Vice Admiral—1, Coast Guard Rear Admiral—5, Coast Guard Commodore—15, Total—22 (Section 8).
The PCG Flag ranks authorized under this section must be distinct from those prescribed in the Philippine Navy (Section 8).
The total number of Flag Officers under this section must never be less than the number resulting from the implementation of Section 7, otherwise Section 7 governs (Section 8).
The numbers for Coast Guard Admiral, Vice Admiral, Rear Admiral, and Commodore under this section are maximums (Section 8).
If the actual number in a rank is less than the prescribed number, the difference may be applied as an increase to the number in a lower rank (except for Coast Guard Admiral and Coast Guard Vice Admiral for the “except” clause) (Section 8).
No officer may be promoted to Coast Guard Commodore or higher unless there is an existing vacancy and the officer is occupying a PCG table-of-organization position that requires the rank being considered (Section 8).
Maximum tenure in rank applies to listed ranks as follows: Coast Guard Admiral—3 years, Coast Guard Vice Admiral—3 years, Coast Guard Rear Admiral—3 years, Coast Guard Commodore—5 years, Coast Guard Captain—7 years (Section 9).
Captains and Flag Officers are compulsorily retired upon reaching the maximum tenure in rank or upon reaching the age of compulsory retirement, whichever comes earlier, unless earlier separated, retired, promoted to the next higher rank, or occupying a position requiring the higher rank in the PCG table of organization (Section 9).
Officers already holding these ranks upon approval of this Act may be allowed one (1) year more of tenure before the maximum tenure applies, unless they already reached compulsory retirement age under existing laws, in which case compulsory retirement age prevails (Section 9).
Officers holding key positions—Coast Guard Commandant, Coast Guard Deputy Commandant, and Coast Guard District Commander—are limited to a maximum tenure of three (3) years, unless earlier relieved by competent authority or compulsorily retired under existing laws (Section 10).
Except for the Commandant, no officer may be assigned/designated to these key positions or promoted to Commodore or higher if the officer has less than one (1) year of active service remaining prior to compulsory retirement (Section 10).

PCG Auxiliary, appointments, promotions

The PCG continues to maintain, supervise, develop, and train the PCG Auxiliary (PCGA) as a civilian volunteer organization under the direct control and supervision of the PCG Commandant (Section 11).
The PCGA assists the PCG in promoting safety of life and property at sea, preserving the marine environment and its resources, conducting maritime search and rescue, maintaining aids to navigation, and other activities that enhance maritime community relations, including civic action, participation under the National Service Training Program, youth development, recreational safety, and other related activities (Section 11).
Appointments of PCG officers, whose initial rank is Coast Guard Ensign, are made by the Secretary of the DOTC upon the recommendation of the PCG Commandant (Section 12).
Initial appointment ranks for chaplains, dentists, lawyers, medical doctors, and veterinarians are Coast Guard Lieutenant (Section 12).
No person may be appointed as an officer of the PCG unless the person is a natural born citizen of the Philippines, at least twenty-one (21) years of age at the date of appointment, physically fit, and a baccalaureate degree holder (Section 12).
Appointment of the PCG Commandant and Flag Officers is approved by the President upon the recommendation of the Secretary of the DOTC (Section 12).
Appointments of all PCG non-officers are made by the PCG Commandant (Section 12).
Appointments of all non-uniformed personnel are made in accordance with Civil Service laws, rules and regulations (Section 12).
Promotion of PCG officers as submitted by the PCG Officers Selection and Promotion Board is recommended by the PCG Commandant for approval of the Secretary of the DOTC (Section 13).
Promotion to Flag Officer ranks is submitted by a Board of Senior Officers to the PCG Commandant for approval by the President upon recommendation of the Secretary of the DOTC (Section 13).
Officers promoted must possess all qualifications and none of the disqualifications under pertinent laws, rules and regulations, including completion of required schooling, training, and minimum time and grade for the ranks (Section 13).
The PCG Commandant approves promotion of PCG non-officers to the next higher rank based on the recommendation of the PCG Selection and Promotion Board for Non-Officers (Section 13).
Special or meritorious promotion is extended to any PCG non-officer for acts of inconspicuous courage or outstanding achievement as determined by the PCG Selection and Promotion Board for Non-Officers (Section 13).
Promotion of non-uniformed employees is governed by Civil Service laws, rules and regulations (Section 13).

Pay, active service, discipline, retirement

Uniformed PCG personnel receive the same base pay, longevity pay, hazard pay and other benefits and allowances as are now or hereafter authorized for corresponding AFP salary grades and ranks, until a new law is enacted (Section 14).
Salaries and allowances of PCG non-uniformed employees follow Civil Service laws, rules and regulations (Section 14).
Active service covers services rendered as an officer, non-officer, probationary ensign, or services rendered as a civilian official or employee in the PCG prior to separation or retirement from the PCG (Section 15).
Active service includes confirmed services rendered as a civilian employee in the Philippine government (Section 15).
Disciplinary cases against PCG officers and non-officers follow the applicable provisions of the AFP Military Justice System (Section 16).
Disciplinary cases against PCG non-uniformed employees follow rules and regulations promulgated by the Civil Service Commission (Section 16).
PCG officers or non-officers are compulsorily retired upon reaching fifty-six (56) years of age or upon accumulation of thirty (30) years of continuous satisfactory active service, whichever comes later (Section 17).
Mandatory retirement under this section requires a minimum of twenty (20) years of active service (Section 17).
Retirement of non-uniformed personnel is governed by Civil Service laws, rules and regulations (Section 17).
Retirement pay equals fifty percent (50%) of base pay and longevity pay of the next higher grade last held in case of twenty (20) years of active service, then increases by two and one-half percent (2½%) for every year beyond twenty (20) years, up to a maximum of ninety percent (90%) for thirty-six (36) years of active service and over (Section 18).
Retirement benefits of non-uniformed personnel are governed by the Civil Service/Government Service Insurance System Law (Section 18).

Separation, revenues, and regulation powers

Officers and non-officers who voluntarily resign or fail to comply with PCG standards of competence and proficiency are separated from the service under existing laws, rules and regulations (Section 19).
Separation of non-uniformed personnel is governed by Civil Service laws, rules and regulations (Section 19).
The PCG collects fees, dues, charges and fines relevant to the exercise of its various functions (Section 20).
The Secretary of the DOTC issues rules and regulations, determines, fixes, and/or prescribes charges, rates, and penalties pertinent to implementing this Act and related acts, decrees, and orders for PCG functions (Section 21).

PCG property, lighthouse reservations, bases

The PCG exercises exclusive ownership, possession, control, and supervision over properties transferred to it under Executive Order No. 475 dated 30 March 1998 and Executive Order No. 477 dated 15 April 1998, including vessels, watercrafts, firearms, armaments, munitions, communications and electronic equipment, vehicles, buildings, real estate, and lighthouse reservations (Section 22).
The PCG, in coordination with other appropriate government agencies, develops and enhances capabilities for its mandated functions and establishes strategic presence (Section 23).
The Secretary of the DOTC prepares necessary guidelines to cover the establishment of the PCG as an attached agency to the DOTC; the initial funding is charged against the current year’s appropriations of the PCG, and thereafter funded through the annual General Appropriations Act (Section 24).

Transitory, separability, repealing, effectivity

All previous appointments and promotions of PCG uniformed personnel made prior to the enactment of this Act remain valid and subsisting (Section 25).
If any provision of this Act is declared unconstitutional or invalid, the remaining parts not affected remain in full force and effect (Section 26).
All inconsistent laws, decrees, executive orders, rules and regulations, and other issuances or parts thereof are repealed, amended, or modified accordingly (Section 27).
This Act takes effect fifteen (15) days after publication in the Official Gazette or in any two (2) newspapers of general circulation (Section 28).

Prior law repealed

This Act repeals Republic Act No. 5173, as amended (preamble).