AN ACT ESTABLISHING THE PHILIPPINE COAST GUARD AS AN ARMED AND UNIFORMED SERVICE ATTACHED TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS

Republic Act No. 9993

Summary of Republic Act No. 9993 (Philippines Coast Guard Law of 2009)

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

Powers and Functions of the PCG
- Enforce regulations in accordance with maritime international conventions, treaties, and national laws for the promotion of safety of life and property at sea within the Philippine maritime jurisdiction, and conduct port state control implementation. (Section 3a)
- Inspect merchant ships and vessels to ensure compliance with safety standards, rules, and regulations, including inspections prior to departure. (Section 3b)
- Detain, stop, or prevent non-compliant ships or vessels from sailing or leaving port. (Section 3c)
- Conduct emergency readiness evaluation on merchant marine vessels. (Section 3d)
- Issue and enforce rules and regulations for the promotion of safety of life and property at sea on all maritime-related activities, subject to the approval of the DOTC Secretary. (Section 3e)
- Coordinate, develop, establish, maintain, and operate aids to navigation, vessel traffic systems, maritime communications, and search and rescue facilities within the Philippine maritime jurisdiction. (Section 3f)
- Remove, destroy, or tow to port sunken or floating hazards to navigation, including illegal fish and vessels, at or close to sea lanes which may cause hazards to the marine environment. (Section 3g)
- Issue permits for vessel salvage operations and supervise all marine salvage operations, as well as prescribe and enforce rules and regulations governing the same. (Section 3h)
- Render aid to persons and vessels in distress, and conduct search and rescue in marine accidents within the Philippine maritime jurisdiction, including the high seas, in accordance with applicable international conventions. (Section 3i)
- Investigate and inquire into the causes of all maritime accidents involving death, casualties, and damage to properties. (Section 3j)
- Assist in the 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 Philippine maritime jurisdiction. (Section 3l)
- Board and inspect all types of merchant ships and watercrafts in the performance of its functions. (Section 3m)
- Enforce laws and promulgated and administer rules and regulations for the protection of the marine environment and resources from offshore sources of pollution within the Philippine maritime jurisdiction. (Section 3n)
- Develop oil spill response, containment, and recovery capabilities against ship-based pollution. (Section 3o)
- Grant requests for assistance from other government agencies in the performance of their functions, within the capabilities and consistent with its mandate. (Section 3p)
- Organize, train, and supervise the PCG Auxiliary (PCGA) to assist the PCG in carrying out its mandated functions. (Section 3q)
- Perform other functions necessary in the attainment of the objectives of this Act. (Section 3r)

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

The PCG Commandant
- The PCG shall be headed by a Commandant with the rank of Coast Guard Admiral. (Section 5)
- The Commandant shall be appointed by the President from among the Flag Officers in the Coast Guard service. (Section 5)
- The Commandant must have served as a District Commander of the PCG and hold a command-at-sea badge. (Section 5)
- The Commandant shall have a maximum term of three (3) years. (Section 5)
- A Commandant who has served for three (3) years prior to compulsory retirement shall be considered retired and entitled to all benefits available to a Coast Guard officer upon compulsory retirement. (Section 5)

Organization of the PCG
- The PCG shall consist of the following categories of officers and employees: (Section 6)
- PCG officers
- PCG non-officers
- PCG non-uniformed personnel
- Probationary ensigns
- Cadets and cadettes

Officer Rank Distribution
- 2% in the Flag Officer rank (Section 7)
- 6% in the rank of Coast Guard Captain (Section 7)
- 12% in the rank of Coast Guard Commander (Section 7)
- 18% in the rank of Coast Guard Lieutenant Commander (Section 7)
- 20% in the rank of Coast Guard Lieutenant (Section 7)
- 42% in the ranks of Coast Guard Lieutenant Junior Grade and Coast Guard Ensign (Section 7)
- The distribution is based on the ratio of one (1) officer to every seven (7) non-officers. (Section 7)

Distribution of Flag Officers
- The number of Flag Officers shall be distributed as follows: (Section 8)
- 1 Coast Guard Admiral
- 1 Coast Guard Vice Admiral
- 5 Coast Guard Rear Admirals
- 15 Coast Guard Commodores
- The total number of Flag Officers shall not be less than the number resulting from the implementation of Section 7. (Section 8)
- The numbers corresponding to the ranks of Coast Guard Admiral, Coast Guard Vice Admiral, Coast Guard Rear Admiral, and Coast Guard Commodore shall be the maximum. (Section 8)
- If the actual number in a rank (except Coast Guard Admiral and Coast Guard Vice Admiral) is less than the prescribed number, the difference may be applied as an increase to the number prescribed in the lower rank. (Section 8)
- No officer shall be promoted to the rank of Coast Guard Commodore or higher unless there is an existing vacancy, and the officer is occupying a position in the table of organization that requires the rank being considered for promotion. (Section 8)

Maximum Tenure in Rank
- The maximum tenure of officers in the ranks of Captain and Flag Officer in the PCG are as follows: (Section 9)
- Coast Guard Admiral: three (3) years
- Coast Guard Vice Admiral: three (3) years
- Coast Guard Rear Admiral: three (3) years
- Coast Guard Commodore: five (5) years
- Coast Guard Captain: seven (7) years
- Officers shall be compulsorily retired upon attainment of the maximum tenure in rank or upon reaching the age of compulsory retirement, whichever comes earlier. (Section 9)
- Officers already holding these ranks upon the approval of this Act may be allowed one (1) year more of tenure in rank before the maximum tenure is applied, unless they have already reached the compulsory retirement age under existing laws. (Section 9)

Maximum Tenure in Position
- Officers holding the following key positions are limited to a maximum tenure of three (3) years, unless otherwise earlier relieved by competent authority or compulsorily retired under existing laws: (Section 10)
- Coast Guard Commandant
- Coast Guard Deputy Commandant
- Coast Guard District Commander
- Except for the Commandant, no other officer shall be assigned/designated to the aforementioned key positions or promoted to the rank of Commodore or higher if he has less than one (1) year of active service remaining prior to compulsory retirement. (Section 10)

Organization of a PCG Auxiliary (PCGA)
- The PCG shall continue to maintain, supervise, develop, and train the PCGA as a civilian volunteer organization under the direct control and supervision of the PCG Commandant. (Section 11)
- The PCGA shall assist the PCG in the promotion of safety of life and property at sea, the preservation of the marine environment and its resources, the conduct of maritime search and rescue, the maintenance of aids to navigation, and other activities that enhance maritime community relations. (Section 11)

Appointments
- Appointments of PCG officers, in the initial rank of Coast Guard Ensign, shall be made by the Secretary of the DOTC upon the recommendation of the PCG Commandant. (Section 12)
- The initial appointment ranks of chaplains, dentists, lawyers, medical doctors, and veterinarians shall be Coast Guard Lieutenant. (Section 12)
- To be appointed as a PCG officer, a person must be 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)
- Appointments of the PCG Commandant and Flag Officers shall be approved by the President upon the recommendation of the Secretary of the DOTC. (Section 12)
- Appointments of all PCG non-officers shall be made by the PCG Commandant. (Section 12)
- Appointments of all non-uniformed personnel shall be in accordance with the Civil Service laws, rules, and regulations. (Section 12)

Promotions
- The promotion of PCG officers, as submitted by the PCG Officers Selection and Promotion Board, shall be recommended by the PCG Commandant for the approval of the Secretary of the DOTC. (Section 13)
- The promotion to the rank of Flag Officers in the PCG shall be submitted by a Board of Senior Officers to the PCG Commandant for approval of the President upon the recommendation of the Secretary of the DOTC. (Section 13)
- Officers must possess all the qualifications and none of the disqualifications provided under pertinent laws, rules, and regulations, specifically on the completion of the required schooling, training, and minimum time and grade for said ranks. (Section 13)
- The PCG Commandant shall approve the 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 may be extended to any PCG non-officer for acts of inconspicuous courage or outstanding achievement in the Coast Guard service as determined by the PCG Selection and Promotion Board for Non-Officers. (Section 13)
- The promotion of non-uniformed employees shall be governed by Civil Service laws, rules, and regulations. (Section 13)

Salaries and Other Benefits
- The uniformed personnel of the PCG shall receive the same base pay, longevity pay, hazard pay, and other benefits and allowances as are now or hereafter may be authorized for corresponding salary grades and ranks in the Armed Forces of the Philippines (AFP) until a new law is enacted for the purpose. (Section 14)
- The salaries and allowances of the non-uniformed employees of the PCG shall be in accordance with Civil Service laws, rules, and regulations. (Section 14)

Active Service
- For purposes of this Act, the active service of PCG personnel shall refer to services rendered as an officer, non-officer, probationary ensign, or those rendered as a civilian official or employee in the PCG prior to the date of separation or retirement from the PCG. (Section 15)
- The term active service shall include confirmed services rendered as a civilian employee in the Philippine government. (Section 15)

Disciplinary Action
- The applicable and pertinent provisions of the AFP Military Justice System shall be adopted in disciplinary cases against PCG officers and non-officers. (Section 16)
- The applicable rules, regulations, and guidelines promulgated by the Civil Service Commission shall govern cases against PCG non-uniformed employees. (Section 16)

Retirement
- Upon attaining fifty-six (56) years of age or upon accumulation of thirty (30) years of continuous satisfactory active service, whichever comes later, a PCG officer or non-officer shall be compulsorily retired, provided that said officer or non-officer shall have a minimum of twenty (20) years of active service. (Section 17)
- The retirement of non-uniformed personnel shall be governed by Civil Service laws, rules, and regulations. (Section 17)

Retirement Benefits
- Monthly retirement pay of officers and non-officers shall be 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, increasing by two and one-half percent (2½%) for every year of service rendered beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years of active service and over. (Section 18)
- The retirement benefits of non-uniformed personnel shall be governed by Civil Service/Government Service Insurance System Law. (Section 18)

Separation from Service
- Officers and non-officers who voluntarily resign or otherwise fail to comply with the standards of competence and proficiency of the PCG shall be separated from the service under existing laws, rules, and regulations. (Section 19)
- The separation of non-uniformed personnel shall be in accordance with Civil Service laws, rules, and regulations. (Section 19)

Collection of Revenues
- The PCG shall collect fees, dues, charges, and fines relevant to the exercise of its various functions. (Section 20)

Rules and Regulations
- The Secretary of the DOTC shall issue rules and regulations, determine, fix, and/or prescribe charges, rates, penalties pertinent, as may be necessary to implement the provisions of this Act, as well as the provisions of acts, decrees, and orders related to the implementation of the PCG functions. (Section 21)

PCG Properties and Lighthouse Reservations
- The PCG shall continue to exercise exclusive ownership, possession, control, and supervision over all properties transferred to it by virtue of Executive Order No. 475 dated 30 March 1998 and Executive Order No. 477 dated 15 April 1998, such as vessels, watercrafts, firearms, armaments, munitions, communications and electronic equipment, vehicles, buildings, real estate, and lighthouse reservations. (Section 22)

Establishment and Expansion of Coast Guard Bases and Facilities
- In accordance with other appropriate government agencies, the PCG shall develop and enhance its capabilities in the performance of its mandated functions and establish its strategic presence. (Section 23)

Appropriations
- The Secretary of the DOTC shall immediately prepare the necessary guidelines to cover the establishment of the PCG as an attached agency to the DOTC, the initial funding of which shall be charged against the current year's appropriations of the PCG and, thereafter, in the annual General Appropriations Act. (Section 24)

Transitory Provisions
- All previous appointments and promotions of PCG uniformed personnel made prior to the enactment of this Act shall remain valid and subsisting. (Section 25)

Separability Clause
- If any provision of this Act is declared unconstitutional or invalid, the parts not affected thereby shall remain in full force and effect. (Section 26)

Repealing Clause
- All laws, decrees, executive orders, rules and regulations, and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended, or modified accordingly. (Section 27)

Effectivity
- This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in any two (2) newspapers of general circulation. (Section 28)