AN ACT CREATING A PHILIPPINE COAST GUARD
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AN ACT CREATING A PHILIPPINE COAST GUARD
Republic Act No. 5173
August 4, 1967
Case Overview and Summary
Summary of Republic Act No. 5173Creation of Philippine Coast Guard
- A major unit called the Philippine Coast Guard is created within the Philippine Navy. (Section 1)
Objectives of the Philippine Coast Guard
- Enforce applicable laws on high seas and waters under Philippine jurisdiction. (Section 1a)
- Enforce laws and regulations for safety of life and property within maritime jurisdiction. (Section 1b)
- Develop, establish, maintain, and operate aids to maritime navigation and rescue facilities. (Section 1c)
Board of Visitors
- A Board of Visitors is created with visitorial and policy-making powers. (Section 2)
- Composition: Flag Officer-in-Command of Philippine Navy, Commissioner of Bureau of Customs, Secretary of Department of Foreign Affairs, Commissioner of Bureau of Immigration, President of Filipino Shipowners Association, and Commandant of Philippine Coast Guard (ex-officio member). (Section 2)
Specific Functions of the Philippine Coast Guard
- Prevent and suppress illegal entry, smuggling, customs frauds, and other maritime law violations. (Section 3a)
- Assist in suppressing destructive fishing methods like dynamite, explosives, or toxic substances. (Section 3b)
- Promulgate and enforce rules for vessel lights, signals, speed, steering, sailing, passing, anchorage, movement, and towlines. (Section 3c)
- Approve plans, materials, equipment, and appliances for vessel construction, repair, or alteration. (Section 3d)
- Issue certificates of inspection, permits, and Philippine registry for vessels. (Section 3d)
- Administer load line requirements and promulgate safety provisions for vessels. (Section 3d)
- Issue licenses and certificates to officers, pilots, patrons, and seamen, and suspend or revoke them. (Section 3e)
- Investigate marine casualties and disasters, including those related to shipowner liability. (Section 3f)
- Enforce laws and regulations on manning, citizenship, mustering, drilling of crews, logbooks, shipment, discharge, protection, and welfare of merchant seamen. (Section 3g)
- Enforce laws requiring duties of shipowners and officers after accidents. (Section 3h)
- Prescribe and enforce regulations for outfitting and operation of motorboats and licensing of motorboat operators. (Section 3i)
- Regulate regattas and marine parades. (Section 3j)
- Render aid to distressed persons or vessels, rescue and aid persons, protect and save property, and collect bodies. (Section 3k)
- Develop, establish, maintain, and operate aids to maritime navigation, including destroying or towing sunken or floating dangers. (Section 3l)
- Supervise nautical schools in coordination with the Department of Education. (Section 3m)
- Perform functions related to maritime communications not delegated to other offices. (Section 3n)
- Assist other government agencies in performing their functions within Philippine waters, acting as their law enforcement agents. (Section 3o)
- Members of the Philippine Coast Guard are peace officers and law enforcement agents for Bureau of Customs, Bureau of Immigration, Bureau of Internal Revenue, Fisheries Commission, and other departments. (Section 3o)
Organization and Administration
- The Philippine Coast Guard is headed by a Commandant who is a Flag Officer. (Section 4)
- The Flag Officer-in-Command of the Philippine Navy organizes the Philippine Coast Guard into operational units, equips it, and promulgates rules and regulations for its administration, subject to approval of the Secretary of National Defense. (Section 4)
- The Philippine Coast Guard is administered and maintained as a separate unit of the Philippine Navy, specially trained and equipped for police and duties at sea. (Section 4)
- Certain divisions and functions from the Bureau of Customs and the Lighthouse Service of the Philippine Navy are transferred to the Philippine Coast Guard, along with their personnel, records, files, supplies, equipment, furniture, funds, and other properties. (Section 4)
- Personnel transferred to the Philippine Coast Guard continue to be governed by the Civil Service Law and other existing laws related to their individual status, rights, emoluments, and benefits. (Section 4)
Unauthorized Aids to Maritime Navigation
- No person, association, or corporation shall establish, erect, or maintain any aid to maritime navigation without first obtaining authorization from the Philippine Coast Guard. (Section 5)
Interference with Aids to Navigation
- It is unlawful for any person, association, or corporation to remove, change the location of, obstruct, willfully damage, make fast to, or interfere with any aid to maritime navigation. (Section 6)
Penal Provisions
- Any person, association, or corporation who violates any provision of this Act or the rules and regulations made under it shall be punished with a fine of not less than 100 pesos nor more than 500 pesos, or imprisonment of not less than 30 days nor more than 6 months, or both. (Section 7)
- If the violation is committed by an association or corporation, the penalty shall be imposed on the responsible officers or directors. (Section 7)
- The Philippine Coast Guard may provide administrative penalties for violation of any regulation it promulgates. (Section 7)
Appropriations
- 15,327,500 pesos is appropriated from the National Treasury for the purchase of watercraft, personnel services, maintenance, and other operating expenses. (Section 8)
- 60,000 pesos shall be used exclusively for updating the Philippine merchant maritime regulations. (Section 8)
- For the first two years after the passage of this Act, 9 million pesos each year shall be included in the annual General Appropriations Act for acquiring necessary vessels. (Section 8)
- For the succeeding three years, 13 million pesos each year shall be included in the annual General Appropriations Act for acquiring necessary vessels. (Section 8)
Repealing Clause and Effectivity
- All laws, executive orders, rules and regulations inconsistent with this Act are repealed. (Section 9)
- This Act shall take effect upon its approval. (Section 10)
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AN ACT CREATING A PHILIPPINE COAST GUARD
Republic Act No. 5173
•August 4, 1967
REPUBLIC ACT No. 5173
AN ACT CREATING A PHILIPPINE COAST GUARD, PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES.
Section 1. Coast Guards; Objectives. There is hereby created in the Philippine Navy a major unit to be known as Philippine Coast Guard which shall have the following general objectives:
(a) To enforce or assist in the enforcement of all applicable laws upon the high seas and waters subject to the jurisdiction of the Republic of the Philippines;
(b) To enforce laws, promulgate and administer regulations for the promotion of safety of life and property within the maritime jurisdiction of the Philippines; and
(c) To develop, establish, maintain and operate, with due regard to the requirements of national defense, aids to maritime navigation and rescue facilities for the promotion of safety on and over the high seas and waters, subject to the jurisdiction of the Philippines.
Section 2. Board of Visitors. A Board of Visitors is created which shall have visitorial and policy-making powers to be composed of the Flag...
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