deck_18983648 Flashcards
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AN ACT ESTABLISHING THE PHILIPPINE COAST GUARD AS AN ARMED AND UNIFORMED SERVICE
ATTACHED TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, THEREBY REPEALING
REPUBLIC ACT NO. 5173, AS AMENDED, AND FOR OTHER PURPOSES
REPUBLIC ACT NO. 9993, Approved: February 12, 2010
AN ACT ESTABLISHING THE PHILIPPINE COAST GUARD AS AN ARMED AND UNIFORMED SERVICE
ATTACHED TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS, THEREBY REPEALING
REPUBLIC ACT NO. 5173, AS AMENDED, AND FOR OTHER PURPOSES
REPUBLIC ACT NO. 9993, Approved: February 12, 2010
REPUBLIC ACT NO. 9993 shall be known as the ?
“Philippine Coast Guard Law of 2009”.
The Philippine Coast Guard, hereinafter referred to as the PCG, is hereby established as an armed and uniformed service attached to the Department of Transportation and Communications (DOTC): Provided, That in times of war, as declared by Congress, the PCG or parts thereof, shall be attached to the Department of National Defense.
SEC. 2. Establishment
Give atleast 3 Power and Functions of the PCG
- To enforce regulations in accordance with all relevant maritime international conventions,
treaties or instruments and national laws for the promotion of safety of life and property at sea
within the maritime jurisdiction of the Philippines and conduct port state control
implementation; - To conduct inspections on all merchant ships and vessels, including but shall not be limited to
inspections prior to departure, to ensure and enforce compliance with safety standards, rules
and regulations; - To detain, stop or prevent a ship or vessel which does not comply with safety standards, rules
and regulations from sailing or leaving port; - To conduct emergency readiness evaluation on merchant marine vessels;
- Subject to the approval of the Secretary of the DOTC, to issue and enforce rules and regulations
for the promotion of safety of life and property at sea on all maritime-related activities; - To 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; - To remove, destroy or tow to port, sunken or floating hazards to navigation, including illegal fish
traps and vessels, at or close to sea lanes which may cause hazard to the marine environment; - To issue permits for the salvage of vessels and to supervise all marine salvage operations, as well
as prescribe and enforce rules and regulations governing the same;
Page | 89 - To 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. In the performance of this function, the
PCG may enlist the services of other government agencies and the merchant marine fleet; - To investigate and inquire into the causes of all maritime accidents involving death, casualties
and damage to properties; - To assist in the enforcement and maintenance of maritime security, prevention or suppression
of terrorism at sea, and performance of law enforcement functions in accordance with pertinent
laws, rules and regulations; - To 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 maritime jurisdiction of the
Philippines; - To board and inspect all types of merchant ships and watercrafts in the performance of its
functions; - To enforce laws and promulgate and administer rules and regulations for the protection of
marine environment and resources from offshore sources of pollution within the maritime
jurisdiction of the Philippines; - To develop oil spill response, containment and recovery capabilities against ship-based
pollution; - To grant, within its capabilities and consistent with its mandate, requests for assistance of other
government agencies in the performance of their functions; - To organize, train and supervise the PCG Auxiliary (PCGA) for the purpose of assisting the PCG in
carrying out its mandated functions; and - To perform such other functions that may be necessary in the attainment of the objectives of
this Act
Gender concerns should be addressed in all planning activities,
setting of priorities, allocating of resources and identifying actions and activities of the PCG.
SEC. 4. Gender Sensitivity Program.
The PCG shall be headed by a Commandant who shall carry the rank of __________________?
Coast Guard Admiral
Coast Guard Admiral: Provided, That he shall be appointed by the President from among the ___________________________?
Flag Officers of the PCG
The Commandant shall have a maximum term of ___________________?
Three Years
The PCG shall consist of the following categories of officers and employees:
PCG officers;
PCG non-officers;
PCG non-uniformed personnel;
Probationary ensign; and
Cadets and Cadettes.
SEC. 6. Organization.
The number of Flag Officers herein authorized shall be distributed
to the various Flag Officer ranks in accordance with the schedule as hereunder prescribed:
Coast Guard Admiral 1
Coast Guard Vice Admiral 1
Coast Guard Rear Admiral 5
Coast Guard Commodore 15
SEC. 8. Distribution of Flag Officers.
Maximum tenure of Coast Guard Commodore?
5 Years
Maximum tenure of Coast Guard Captain
7 years
Maximum tenure of Coast Guard Admiral, Coast Guard Vice Admiral, Coast Guard Read Admiral?
3 Years
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 such other activities that enhance maritime
community relations which include civic action, participation under the National Service Training
Program, youth development, recreational safety and other related activities.
PCG Auxiliary (PCGA)
The appointment of the PCG Commandant and Flag Officers shall be
approved by the President upon the recommendation of the _____________________________?
Secretary of the DOTC
Appointments of all non-uniformed personnel
shall be in accordance with _______________________?
Civil Service laws, rules and regulations.
Appointments of all
PCG non-officers shall be made by the ___________________?
PCG Commandant
— For purposes of this Act, the active service of PCG personnel hereof 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: Provided,
That the term active service shall include confirmed services rendered as a civilian employee in the
Philippine government.
SEC. 15. Active Service.
The applicable and pertinent provisions of the AFP Military Justice
System shall be adopted in disciplinary cases against PCG officers and non-officers. The applicable rules,
regulations and guidelines promulgated by the Civil Service Commission shall govern cases against PCG
non-uniformed employees.
SEC. 16. Disciplinary Action
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. The retirement of non-uniformed personnel shall be governed by Civil Service
laws, rules and regulations.
SEC. 17. Retirement.
Monthly retirement pay of officer and non-officers shall be 1.)____________________ of base pay and longevity pay of the next higher grade last held in case of twenty (20) years of
active service, increasing by 2.)______________ for every year of service rendered beyond
twenty (20) years to a maximum of 3.)__________ for thirty-six (36) years of active service and
over. The retirement benefits of non-uniformed personnel shall be governed by Civil
Service/Government Service Insurance System Law.
- 50%
- 2 and a half %
- 90%
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. The separation of non-uniformed personnel shall be in
accordance with Civil Service laws, rules and regulations.
SEC. 19. Separation from Service.
