Revised Coast Guard Law of 1974

Legal basis, policy statement, and intent

The decree declares the need to organizationally modify the Philippine Coast Guard to discharge its functions more efficiently and effectively.
The decree declares the need to consolidate functionally related activities into an integrated system to promote safety of life and property at sea.
The decree declares it is urgently necessary to maintain the Coast Guard’s role as guardian of sea safety and to provide a total approach in supervising Philippine merchant ships to promote a progressive, reliable and safe merchant marine.

Coverage: administration, supervision, and abolition

The Philippine Coast Guard created pursuant to Republic Act No. 5173 continues to exist, but its governance is revised under Section 4.
Section 3 abolishes the Board of Visitors provided under Section 2 of RA 5173.
Section 4 places the Philippine Coast Guard under the direct supervision and control of the Secretary of National Defense.

Coast Guard objectives and duties

Section 2 lists general objectives requiring the Coast Guard to enforce applicable laws and promote maritime safety and environmental protection.
The Coast Guard must enforce or assist enforcement of all applicable laws on the high seas and territorial waters of the Philippines, including all ports, customs zones, waterways and other inland waters.
The Coast Guard must enforce laws, promulgate, and administer regulations to promote safety of life and property within the maritime jurisdiction of the Philippines.
The Coast Guard must, with due regard to national defense requirements, develop, establish, maintain, and operate aids to maritime navigation for safety on and over high seas and territorial waters of the Philippines.
The Coast Guard must promulgate, administer, and enforce rules on national sea search and rescue operations, operate rescue facilities, and participate for the Philippine government in international conferences for regional cooperation on safety of life and property at sea.
The Coast Guard must provide necessary assistance to government agencies promoting the economic development of the maritime industry in the Philippines.
The Coast Guard must enforce laws, promulgate, and administer regulations for marine environmental protection within the territorial waters of the Philippines.

Specific functions and law-enforcement status

Section 5 requires the Coast Guard to prevent and suppress illegal entry, illegal fishing, illegal gathering of corals and other marine products, smuggling, other customs frauds, and other maritime and fishery law violations committed within Philippine waters.
For this purpose, the Coast Guard may conduct surveillance and inspection on vessels entering and/or leaving Philippine territory.
Section 5 provides that any other law enforcement agency may be called upon by the Coast Guard to assist in discharging this function.
Section 5 directs the Coast Guard to approve plans for construction, repair, or alteration of vessels; approve materials, equipment, and appliance; approve vessel classification; inspect vessels and equipment and appliances; and register all types of motorized watercraft plying in Philippine waters.
Section 5 authorizes the Coast Guard to issue certificates of inspection and/or permits indicating approval of vessels for operation, and to issue certificates of Philippine registry of vessels.
Section 5 requires the Coast Guard to administer load line requirements; promulgate and enforce other provisions for safety of life and property of vessels; and determine the numbering of undocumented vessels.
Section 5 provides an international classification society rule: certification and approval of plans, equipment, and vessels by internationally known classification societies recognized by the Philippine government shall be deemed to have complied with Section 5.
Section 5 requires the Coast Guard to promulgate and enforce rules on lights, signals, speed, steering, sailing, passing, anchorage, movement and towlines of vessels, and lights and signals on bridges; to supervise, control, and regulate vessels engaged in carrying passengers and dangerous cargo; and to regulate the length, method and speed of tow in bays and rivers of the Philippines.
Section 5 authorizes the Coast Guard to prescribe and enforce regulations for outfitting and operation of motorboats and licensing of motor-boats.
Section 5 authorizes the Coast Guard to destroy or tow in port sunken or floating dangers to navigation, including fish traps at or close to sea lanes; to issue permits for salvage; to supervise marine salvage operations; and to prescribe and enforce rules governing salvage.
Section 5 requires the Coast Guard to establish, develop, operate, and maintain aids to navigation and facilities for search and rescue operations, and to prescribe rules regarding them.
Section 5 requires the Coast Guard to promulgate and enforce rules implementing international conventions for safety of life and property at sea, and to represent the Philippine government in such conventions to promote regional cooperation.
Section 5 requires the Coast Guard to supervise nautical school and maritime training programs and prescribe minimum requirements for courses in navigation, seamanship, marine engineering, and other allied matters in coordination with the Department of Education and Culture.
Section 5 requires the Coast Guard to establish, maintain, and operate a Seaman’s Training Center for training of seafarers for employment aboard inter-island and ocean-going vessels, and to establish, maintain, and operate a registration and placement unit or office for administration of seamen’s affairs.
Section 5 directs enforcement and regulation of manning of merchant vessels and fishing boats, and requirements governing citizenship and mustering drilling of crews, control of logbooks, shipment, discharge, protection, and welfare of merchant seamen.
Section 5 requires the Coast Guard to qualify officers, pilots, major and minor patrons, and seamen through examinations; issue licenses and certificates as proof; and suspend or revoke such licenses and certificates in accordance with rules prescribed by the Commandant.
Section 5 authorizes rules for training and certification of unlicensed merchant marine personnel and selected skills in the shipbuilding industry.
Section 5 requires enforcement and regulation imposing duties on ship-owners and officers after accidents and investigating marine casualties and disasters, including those arising from marine protests relative to the liability of shipowners and officers.
Section 5 requires the Coast Guard to render aid to distressed persons or vessels on the high seas and within Philippine jurisdiction waters, including performing acts necessary to rescue and aid; furnish clothing, food, lodging, medicine, and other necessary supplies and services; protect, save, and take charge of property saved from marine disasters until delivered to authorized persons or otherwise disposed of under law or applicable regulations; and collect and take charge of bodies of those who perish in such disasters.
Section 5 authorizes the Coast Guard to regulate regattas and marine parades.
Section 5 requires enforcement of laws and rules to prevent marine pollution within Philippine territorial waters in coordination with the National Pollution Control Commission.
Section 5 requires coordination for maritime communications functions, particularly requirements of SOLAS regarding maritime communications, in coordination with the Radio Control Office and other cognizant agencies.
Section 5 authorizes the Coast Guard to control, operate, and manage all privately owned ships, barges, and other watercraft of Philippine registry relative to movement of strategic materials as national security and economic interests warrant or as ordered by the President or duly designated representative.
Section 5 requires enforcement and rules for vessels engaged in the barter trade as provided in Presidential Decree No. 93.
Section 5 grants the Coast Guard exclusive jurisdiction over seizure proceedings against vessels apprehended for violation of the Coast Guard Law and its rules and regulations.
Section 5 requires the Coast Guard to assist other government agencies within its capabilities and upon request of appropriate authorities on matters and activities in Philippine waters relating to functions not specifically mentioned in Section 5.
Section 5 provides that Coast Guard personnel act as agents of the department, bureau, office, agency, or instrumentality charged with enforcing and administering the particular law.
Section 5 declares that members of the Philippine Coast Guard are peace officers for all purposes and act as law enforcement agents of the Bureau of Customs, Bureau of Fisheries and Aquatic Resources, Commission on Immigration and Deportation, Bureau of Internal Revenue, National Pollution Control Commission, Radio Control Office, and other departments, bureaus, or offices in enforcing pertinent laws and regulations.

Organizational structure and principal units

Section 6 provides that the Philippine Coast Guard continues to be headed by a Commandant who shall be a Flag Officer.
Section 6 requires organization into operational units or subordinate commands for effective exercise of functions and duties under the Decree.
Section 6 requires continuation of certain transferred units and functions, including the Marine Safety Division (including Naval Architecture and Engineering Section, Maritime Safety Inspection Section, Registration and Licensing Section, and functions of the Hulls and Boilers Division).
Section 6 requires continuation of transferred entities and functions, including the Board of Marine Inquiry as then existing in the Bureau of Customs, and all other agencies or instrumentalities with functions covered by subparagraphs (c) to (n), inclusive, of Section 3 of RA 5173, including their personnel, records, files, supplies, equipment, furniture, funds, and other properties, and it includes the Lighthouse Service of the Philippine Navy.
Section 6 authorizes the Commandant to reorganize these divisions and sections responsive to Coast Guard needs.

Board of Marine Inquiry composition and expenses

Section 7 establishes the Board of Marine Inquiry composed of five (5) members appointed by the Secretary of National Defense upon recommendation of the Commandant.
Section 7 directs that, unless otherwise directed by the Secretary of National Defense, the Board consists of: one Coast Guard line officer of Captain’s rank as Chairman, two Master Mariners, one Chief Engineer of the Philippine merchant marine, and one other member of the Philippine Bar.
Section 7 requires the Commandant to prescribe rules and procedure for proceedings before the Board.
Section 7 sets per diem at forty pesos for each day of not less than seven hours of service rendered in connection with marine investigations.

Merchant marine academy administration

Section 8 places the Philippine Merchant Academy created under RA 3680 under the Coast Guard’s administrative and operational control.
Section 8 provides that the Academy includes its personnel, funds, records, equipment, and other assets placed under Coast Guard control.
Section 8 requires the Academy to be headed by a Superintendent appointed by the Secretary of National Defense upon recommendation of the Commandant.

Aids to navigation authorization and prohibitions

Section 9 prohibits any person, association, or corporation from establishing, erecting, or maintaining any aid to maritime navigation without first obtaining authorization from the Philippine Coast Guard in accordance with applicable regulations.
Section 10 makes it unlawful for any person, association, or corporation to remove, change the location of, obstruct, wilfully damage, make fast to, or interfere with any aid to maritime navigation.

Penalties and administrative enforcement

Section 11 imposes criminal penalties on any person, association, or corporation that violates any provision of the Decree or rules and regulations promulgated thereunder.
Section 11 sets a penalty of a fine of not less than two hundred pesos nor more than one thousand pesos, or imprisonment of not less than thirty days nor more than six months, or both.
Section 11 provides that if the violation is committed by an association or corporation, the penalty shall be imposed on the responsible officers or directors.
Section 11 expressly preserves the Coast Guard’s authority to provide administrative penalties for violation of any regulation it promulgates.

Appropriations, revenue, and continuing funding

Section 12 provides that sums needed to carry out the Decree provisions which are now appropriated for the Philippine Coast Guard continue in the annual General Appropriations Decree and increase until the Coast Guard has fully attained its growth.
Section 12 requires authorization of a separate Project under Program II of the Program and Budget System of the Armed Forces of the Philippines, denominated Coast Guard Operations, with the Commandant as the Project Coordinator/Administrator.
Section 12 provides that any revenue collected and/or donations received by the Philippine Coast Guard are automatically appropriated for the Philippine Coast Guard.

Repeals and immediate effect

Section 13 repeals and/or modifies inconsistent laws, decrees, orders, instructions, rules, and regulations and parts thereof.
Section 14 makes the Decree effective immediately.