Providing For The Revision Of Republic Act Numbered 5173 Commonly Known As The Coast Guard Law, Consolidating Fragmented Functions And For Other Purposes
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Providing For The Revision Of Republic Act Numbered 5173 Commonly Known As The Coast Guard Law, Consolidating Fragmented Functions And For Other Purposes
Presidential Decree No. 601
December 9, 1974
Case Overview and Summary
Summary of Presidential Decree No. 601 (Revised Coast Guard Law of 1974):Objectives of the Philippine Coast Guard (Section 2):
- Enforce applicable laws on high seas, territorial waters, ports, customs zones, waterways, and inland waters.
- Enforce laws and regulations for maritime safety.
- Develop, maintain, and operate aids to maritime navigation.
- Promulgate and enforce rules for maritime safety and regional cooperation.
- Assist government agencies in promoting maritime industry development.
- Enforce laws and regulations for marine environmental protection.
Specific Functions of the Philippine Coast Guard (Section 5):
- Prevent illegal entry, illegal fishing, smuggling, and other maritime law violations. (Section 5a)
- Approve vessel plans, materials, equipment, and classification; inspect vessels; register watercraft; issue certificates; administer load line requirements; enforce vessel safety provisions; and number undocumented vessels. (Section 5b)
- Promulgate and enforce rules for vessel lights, signals, speed, steering, sailing, passing, anchorage, movement, towlines, carriage of passengers and dangerous cargo, and towing. (Section 5c)
- Prescribe and enforce regulations for outfitting and operation of motorboats and licensing. (Section 5d)
- Destroy or tow sunken or floating navigation dangers, issue salvage permits, and supervise salvage operations. (Section 5e)
- Establish, operate, and maintain aids to navigation and search and rescue facilities, and prescribe related rules. (Section 5f)
- Promulgate and enforce rules from international conventions for maritime safety and represent the Philippines in such conventions. (Section 5g)
- Supervise nautical schools and maritime training programs, and prescribe minimum course requirements. (Section 5h)
- Establish and operate a Seaman's Training Center and a registration and placement office for seamen. (Section 5i)
- Enforce laws and promulgate rules on manning of vessels, citizenship, mustering and drilling of crews, logbooks, shipment, discharge, protection, and welfare of seamen. (Section 5j)
- Qualify and license officers, pilots, patrons, and seamen through examinations, and suspend or revoke licenses. (Section 5k)
- Prescribe rules for training and certification of unlicensed merchant marine personnel and shipbuilding skills. (Section 5l)
- Enforce laws and promulgate rules on duties of shipowners and officers after accidents, and investigate marine casualties and disasters. (Section 5m)
- Render aid to distressed persons or vessels, rescue and aid persons, protect and save property, collect bodies, and provide necessary supplies and services. (Section 5n)
- Regulate regattas and marine parades. (Section 5o)
- Enforce laws and promulgate rules for prevention of marine pollution in territorial waters, in coordination with the National Pollution Control Commission. (Section 5p)
- Perform functions pertaining to maritime communications, in coordination with the Radio Control Office and other agencies. (Section 5q)
- Control and manage privately owned Philippine-registered ships, barges, and watercraft for movement of strategic materials as ordered by the President. (Section 5r)
- Enforce laws and prescribe rules relative to vessels engaged in barter trade. (Section 5s)
- Exercise exclusive jurisdiction over seizure proceedings against vessels apprehended for violations. (Section 5t)
- Assist other government agencies in performing functions within Philippine waters, acting as their agents. (Section 5u)
Organization and Administration (Sections 6-8):
- The Coast Guard is headed by a Commandant who is a Flag Officer.
- The Marine Safety Division, Naval Architecture and Engineering Section, Maritime Safety Inspection Section, Registration and Licensing Section, Hulls and Boilers Division, Board of Marine Inquiry, and other agencies with transferred functions remain under the Coast Guard.
- The Board of Marine Inquiry has 5 members appointed by the Secretary of National Defense, including a Coast Guard Captain as Chairman, 2 Master Mariners, a Chief Engineer, and a member of the Philippine Bar. Members receive a per diem of 40 pesos for at least 7 hours of service.
- The Philippine Merchant Marine Academy, including its personnel, funds, records, equipment, and assets, is placed under the administrative and operational control of the Coast Guard, headed by a Superintendent appointed by the Secretary of National Defense.
Unauthorized Aids to Navigation and Interference (Sections 9-10):
- No person, association, or corporation can establish or maintain any aid to maritime navigation without authorization from the Coast Guard.
- It is unlawful to remove, change location, obstruct, damage, make fast to, or interfere with any aid to maritime navigation.
Penal Provision (Section 11):
- Any person, association, or corporation that violates the Decree or its rules and regulations shall be punished with a fine of not less than 200 pesos nor more than 1,000 pesos, or imprisonment of not less than 30 days nor more than 6 months, or both. For associations or corporations, the penalty shall be imposed on responsible officers or directors.
Appropriation (Section 12):
- Funds appropriated for the Coast Guard shall continue to be carried in the annual General Appropriations Decree and increased correspondingly until the Coast Guard attains full growth.
- The Coast Guard shall have a separate Project under Program II of the Armed Forces of the Philippines' Program and Budget System, denominated Coast Guard Operations, with the Commandant as Project Coordinator/Administrator.
- Any revenue collected and/or donations received by the Coast Guard shall be automatically appropriated for the Coast Guard.
Repealing Clause and Effectivity (Sections 13-14):
- All laws, decrees, orders, instructions, rules and regulations inconsistent with this Decree are repealed or modified accordingly.
- This Decree takes effect immediately.
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marine pollution
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maritime jurisdiction
territorial waters
marine salvage
aids to navigation
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international conventions
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Law
Providing For The Revision Of Republic Act Numbered 5173 Commonly Known As The Coast Guard Law, Consolidating Fragmented Functions And For Other Purposes
Presidential Decree No. 601
•December 9, 1974
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 601 December 9, 1974
PROVIDING FOR THE REVISION OF REPUBLIC ACT NUMBERED 5173 COMMONLY KNOWN AS THE COAST GUARD LAW, CONSOLIDATING FRAGMENTED FUNCTIONS AND FOR OTHER PURPOSES
WHEREAS, there is a need to organizationally modify the Philippine Coast Guard to enable it to discharge its functions more efficiently and effectively;
WHEREAS, there is a need to consolidate functionally related activities into an integrated system to best promote safety of life and property at sea;
WHEREAS, it is urgently necessary to maintain the present role of the Coast Guard as the guardian of sea safety, and afford a total approach in its supervision over the Philippine merchant ships with the end in view of promoting a progressive, reliable and safe merchant marine;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, in order to effect the desired changes and reforms in the social, economic and political structure of our society, do hereby decree and order...
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