Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL 4287

INTRODUCED BY HON. CHERYL P. DELOSO-MONTALLA

AN ACT
STRENGTHENING FURTHER THE PHILIPPINE COAST GUARD (PCG) AND FOR,
OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO.
9993 OTHERWISE KNOWN AS “THE PHILIPPINE COAST GUARD LAW OF 2009”

EXPLANATORY NOTE

The Philippine Coast Guard (PCG) is the oldest and only humanitarian armed service in
the Philippines. Its beginnings could be traced back to the early 20" century when coast guarding
was related to the protection of the customs service of the country and in patrolling the coastline
and harbors.’

Presently, the PCG is recognized as the 3 uniformed armed service of the country
following the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).
As a seagoing force, the coastguard boasts of its time-honored tradition of humanitarian service
that is always ready to answer to the call of duty.”

With the enactment of the Coast Gurad Law of 2009 or the Republic Act No. 9993 and its
implementing rules and regulations, the PCG has been vested with the necessary authority and
responsibility to perform preventive measures to ensure the safety of merchant vessels. He said
law also strengthened PCG’s authority to meet new challenges and increasing demands for
maritime resources, technological advancement and climate change. It defined PCG’s rightful
niche in the bureaucracy as the premier maritime agency and its vital role in nation-building.”

Being at the forefront in ensuring the safety and protection of the Philippine maritime
waters against any illegal activity and with the advent of the wide array of maritime issues currently
faced by the country, the PCG’s role in maintaining and protecting our maritime domain must be
given priority and high importance.

However, the law which revitalized PCG contains certain ambiguous provisions which
deter the PCG from achieving its optimum potential. Moreover, recent developments in the
maritime sector necessitates a re-visitation of the existing coast guard law to make it more
responsive to the needs of the time.

Of the same importance is the need to enhance the administration and organization of the
PCG through the required structure and management that are vital in the execution of its mandates
‘on maritime safety, maritime security and marine environmental protection.

This bill, thus, proposes to define the powers of the key officers of PCG, categorize its
personnel, appropriately classify their ranks, define their qualifications and tenure, provide a

4 en coast /images/philcoastguard/history.
2 Ibid.
> Ibid.



framework for their disciplinary system through an internal affairs service, provision of legal
assistance, and prescription of retirement benefits, among others.

In view of the foregoing, the passage of this measure is earnestly sought.

a YL P. DELOSO-MONTALLA
Representative
2™ District, Zambales


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. eee

INTRODUCED BY HON. CHERYL P. DELOSO-MONTALLA

AN ACT
STRENGTHENING FURTHER THE PHILIPPINE COAST GUARD (PCG) AND FOR
OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO.
9993 OTHERWISE KNOWN AS “THE PHILIPPINE COAST GUARD LAW OF 2009”

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. SECTION | of Republic Act No. 9993 is hereby amended to read as follows:

“SECTION 1. Title. - This Act shall be known as the ‘Philippine Coast Guard [Law
of 2009] ACT OF 2019.”

SEC. 2. SEC. 2 of RA No. 9993 is hereby amended to read as follows:

“SEC. 2. Establishment. ~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] (DOTR): 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. 3. SEC. 5 of RA No. 9993 is hereby amended to read as follows:

“SEC. 5. The PCG Commandant, - The PCG shall be headed by a Commandant
who shall [carry] HAVE the rank of [Coast Guard] Admiral WHICH SHALL BE
EQUIVALENT TO THE RANK AND PAY OF THE CHIEF OF STAFF, AFP AND
THE POLICE DIRECTOR GENERAL, PNP: Provided, That he shall be appointed by
the President from among the Flag Officers in the Coast Guard service. He shall hold a
command-at-sea badge and must have served as a District Commander of the PCG. The
Commandant shall have a maximum term of three (3) years. A Commandant who has
served for three (3) years prior to his compulsory retirement shall be considered as retired
and entitled to all the benefits available to a Coast Guard officer as if he is compulsorily
retired.”

SEC. 4, A new SEC. 6 is hereby provided to read as follows

“SEC. 6. POWERS AND FUNCTIONS OF THE COMMANDANT. - THE
COMMANDANT SHALL EXERCISE THE FOLLOWING POWERS AND
FUNCTIONS:

a) IMPLEMENT THE COUNTRY’S MARITIME LAWS, THROUGH
THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION, AND
UNDER THE AUTHORITY AND DIRECTION OF THE PRESIDENT;


b) DIRECT AND CONROL TACTICAL AS WELL AS STRATEGIC
MOVEMENTS, DEPLOYMENT, PLACEMENT, UTILIZATION OF THE
PCG OR ANY OF ITS UNITS AND PERSONNEL, INCLUDING ITS
EQUIPMENT, FACILITIES AND OTHER RESOURCES;

c) PRESCRIBE, IN ACCORDANCE WITH THE POLICIES OF THE
SECRETARY OF THE DEPARTMENT OF TRANSPORATION, THE
ORGANIZATION, POWERS, FUNCTIONS AND DUTIES OF THE VARIOUS
STAFF, SERVICES, INSTALLATIONS AND OTHER UNITS OF THE PCG;

d) ISSUE POLICIES AND INSTRUCTIONS REGARDING
PERSONNEL, FUNDS, PROPERTIES, RECORDS, CORRESPONDENCE
AND SUCH OTHER MATTERS AS MAY BE NECESSARY TO
EFFECTIVELY CARRY OUT THE FUNCTIONS, POWERS AND DUTIES OF
THE PCG.

SEC. 5. SEC. 6 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [6] 7. Organization. - TO EFFECTIVELY CARRY OUT ITS
MANDATE OF PROTECTING THE MARITIME DOMAIN OF THE
COUNTRY, [T]the PCG COMMANDANT shall BE ASSISTED BY TWO (2)
DEPUTY COMMANDANTS, ONE (1) FOR OPERATIONS AND ONE (1) FOR
ADMINISTRATION. THEY SHALL ALSO BE ABLY SUPPORTED BY THE
FOLLOWING | COMMANDS/UNITS: — FUNCTIONAL SERVICE
COMMANDS; ADMINISTRATIVE — SUPPORT — COMMANDS,
OPERATIONAL SUPPORT COMMANDS, OPERATING COMMANDS, AND
TECHNICAL AND SPECIAL SERVICES.”

SEC. 6. A new SEC. 8 is hereby provided to read as follows:

“SEC. 8. PERSONNEL. - THE PCG SHALL CONSIST OF THE

FOLLOWING CATEGORIES OF PERSONNEL:

a) OFFICER ~ REFERS TO UNIFORMED MEMBER OF THE PCG
WHO IS APPOINTED AS OFFICER BY THE SECRETARY OR PRESIDENT AS

THE CASE MAY BE;

b) ENLISTED PERSONNEL— REFERS TO UNIFORMED MEMBER
OF THE PCG WHO IS NOT AN OFFICER BUT ENLISTED INTO THE SERVICE

BY THE COMMANDANT OF THE PCG;

° CIVILIAN EMPLOYEE — REFERS TO THE PERMANENT NON-
UNIFORMED MEMBER OF THE PCG WITH PLANTILLA POSITION AND

SALARY GRADE AS ATTESTED BY THE CIVIL SERVICE COMMISSION;

d) PROBATIONARY ENSIGN —REFERS TO A PERSON WHO HAS
COMPLETED BASIC TRAINING AND IS AWAITING COMMISSIONSHIP IN

THE PCG;

e) DRAFTEE — REFERS TO A PERSON WHO HAS COMPLETED
ING AND IS AWAITING ENLISTMENT INTO THE PCG ACTIVE

p CADET- REFERS TO A PERSON WHO IS UNDERGOING
TRAINING FOR COMMISSIONSHIP OR WHO IS ENROLLED IN SERVICE

ACADEMIES UNDER THE SPONSORSHIP OF THE PCG;


2) TRAINEE - REFERS TO A PERSON WHO IS UNDERGOING
TRAINING TO QUALIFY AS MEMBER OF THE ENLISTED PERSONNEL’S

CORPS OF THE PCG.”

SEC. 7. A new SEC. 9 is hereby provided to read as follows:

“SEC. 9. RANK CLASSIFICATION. — THE RANK/GRADE OF PCG

OFFICERS SHALL BE AS FOLLOWS:

ADMIRAL (ADM)
VICE ADMIRAL (VADM)
REAR ADMIRAL (RADM)
COMMODORE (COMMO)
CAPTAIN (CAPT)
COMMANDER (CDR)
LIEUTENANT COMMANDER — (LCDR)
LIEUTENANT SENIOR GRADE —(LTSG)
LIEUTENANT JUNIOR GRADE —(LTJG)
ENSIGN (ENS)
PROBATIONARY ENSIGN (P/ENS)”

SEC. 8. A new SEC. 10 is hereby provided to read as follows

“SEC. 10. TECHNICAL OFFICERS. - THE FOLLOWING

PROFESSIONALS MAY JOIN THE PCG SERVICE AS TECHNICAL
OFFICERS:

(a) LAWYERS

(b) DOCTORS

(c) PRIESTS, PASTORS, IMAM, AND OTHER CERTIFIED
CLERICS

(a) DENTISTS

(e) VETERINARIANS

(f) CLINICAL PSYCHOLOGISTS

(g) PHYSICAL THERAPISTS

(h) CHEMISTS

(i) MEDICAL TECHNOLOGISTS

(j) NURSES

(k) MARINE BIOLOGISTS

ANY APPLICANT HOLDING THE DEGREE OF ANY OF THE
ABOVEMENTIONED PROFESSIONS SHALL HAVE QUALIFIED AND PASSED
THE LICENSURE EXAMINATION, AS APPLICABLE, OF THE RESPECTIVE
PROFESSIONS TO BE QUALIFIED FOR ENTRY INTO THE COAST GUARD
SERVICE. OTHER PROFESSIONS NOT LISTED MAY STILL BE RECRUITED
AS PART OF THE TECHNICAL STREAM UPON VERIFICATION OF THE PCG
OF ITS NEED THEREOF.”

SEC. 9. SEC. 7 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [7] 11. Officer Rank Distribution. - The officer rank distribution or the PCG
shall be as follows: two per centum (2%) in the Flag Officer rank; six per centum (6%) in
the rank of Coast Guard Captain; twelve per centum (12%) in the rank of Coast Guard
Commander; eighteen per centum (18%) in the rank of Coast Guard Lieutenant
Commander; twenty per centum (20%) in the rank of Coast Guard Lieutenant SENIOR
GRADE. and forty-two per centum (42%) in the ranks of Coast Guard Lieutenant Junior
Grade and Coast Guard Ensign; Provided, That such distribution is based on the ratio

s


between officer and non-officer ENLISTED PERSONNEL which is one (1) officer to
every seven (7) non-officer ENLISTED PERSONNEL: Provided. finally, That if the
actual number in a rank is less than the number prescribed in a lower rank, the difference
may be applied as an increase to the number prescribed in the lower rank.”

SEC. 10. SEC. 8 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [8] 12. Distribution of Flag Officers. — {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

Coast Guard Vice Admiral

Coast Guard Rear Admiral

Coast Guard Commodore 1
Total 2

Sano

Provided, That the herein prescribed Coast Guard ranks shall be distinct from those
prescribed in the Philippine Navy: Provided, further, That the total number of Flag Officers
prescribed under this section shall in no case be less than the number resulting from the
implementation of Section 7 hereof, otherwise the latter shall apply.

The number corresponding to the ranks of Coast Guard Admiral, Coast Guard Vice
Admiral, Coast Guard Rear Admiral, and Coast Guard Commodore, as provided for in this
section, shall be the maximum:]

THERE SHALL BE A COMMANDANT WITH THE RANK OF ADMIRAL.
PROVIDED, THE TOTAL NUMBER OF FLAG RANKS SHALL NOT EXCEED 2
PER CENTUM OF THE TOTAL POPULATION OF OFFICERS AND EXCEPT
FOR THE PREVIOUSLY MENTIONED CONSTANT, SHALL BE DISTRIBUTED
OBSERVING THE PYRAMIDAL STRUCTURE.

VICE ADMIRAL 0.15%
REAR ADMIRAL 0.35%
COMMODORE 1.50%
TOTAL 2.00%

THE PERCENTAGE SHALL BE BASED ON THE TOTAL OFFICER
POPULATION OF THE PCG AFTER USING THE 1 OFFICER IS TO 7
ENLISTED PERSONNEL RATIO AND THE TOTAL NUMBER OF FLAG
OFFICERS IS TWO (2) PERCENT OF THE TOTAL OFFICERS’ CORPS.
Provided, That if the actual number in a rank, except in the case of Coast Guard Admiral
and Coast Guard Vice Admiral, is less than the number herein prescribed the difference
may be applied as an increase to the number prescribed in the lower rank: Provided,
‘finally, That 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 of which he is being considered for promotion.”

SEC. 11. SEC. 9 of RA No. 9993 is hereby renumbered as SEC. 13.

SEC. 12. SEC. 10 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [10] 14. Maximum Tenure in Position. - Officers holding the following key
positions are hereby limited a maximum tenure of three (3) years, unless otherwise earlier
relieved by competent authority or compulsory retired under existing laws:

[Coast Guard] Commandant;

[Coast Guard] Deputy Commandant [; and]


32
33
34
35
36
37
38
39

41
42

BIaaRE

[Coast Guard District Commander]

Provided, That 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 (1) year of active service remaining prior to
compulsory retirement.”

SEC.13. A new SEC. 15 is hereby provided to read as follows:

“SEC. 15. THE RANK/GRADE OF PCG ENLISTED PERSONNEL SHALL
BE AS FOLLOWS:

FIRST MASTER CHIEF PETTY OFFICER (FMCPO)
MASTER CHIEF PETTY OFFICER (MCPO)
SENIOR CHIEF PETTY OFFICER (SCPO)

CHIEF PETTY OFFICER (CPO)

PETTY OFFICER FIRST CLASS (PO1)

PETTY OFFICER SECOND CLASS (PO2)

PETTY OFFICER THIRD CLASS (PO3)
SEAMAN/SEAWOMAN FIRST CLASS (SN1/SW1)
SEAMAN/SEAWOMAN SECOND CLASS (SN2/SW2)
APPRENTICE SEAMAN/SEAWOMAN (ASN/ASW)
DRAFTEE (DFT)”

SEC. 14. A new SEC. 16 is hereby provided to read as follows:

“SEC. 16. MAXIMUM TENURE IN RANK FOR ENLISTED PERSONNEL. -
THE MAXIMUM TENURE OF SENIOR ENLISTED PERSONNEL IN THE
RANKS OF CHIEF PETTY OFFICER TO FIRST MASTER CHIEF PETTY
OFFICER IN THE PCG ARE AS FOLLOWS:

RA! MAXIMUM TENURE

FIRST MASTER CHIEF PETTY ‘THREE (3) YEARS

OFFICER

MASTER CHIEF PETTY OFFICER THREE (3) YEARS
SENIOR CHIEF PETTY OFFICER FIVE (5) YEARS.
CHIEF PETTY OFFICER SEVEN (7) YEARS

ANY PERSONNEL HOLDING LOWER RANKS THAN THE ABOVE
WHO STAYS IN A RANK FOR FIFTEEN (15) YEARS WITHOUT BEING
PROMOTED TO THE NEXT HIGHER RANK SHALL BE EVALUATED BY THE
RE-ENLISTMENT FITNESS BOARD WHO SHALL VERIFY SUITABILITY TO
CONTINUE IN SERVICE AND SUBMIT A RECOMMENDATION FOR THE
APPROVAL OF THE COMMANDANT. PROVIDED, THAT THE ENLISTMENT
TERM IN THE PCG SHALL BE SIX (6) YEARS WITH THE APPLICATION FOR
RE-ENLISTMENT TO BE REVIEWED BY THE RE-ENLISTMENT FITNESS
BOARD FOR RECOMMENDATION TO THE COMMANDANT FOR
APPROVAL.”

SEC. 15. A new SEC. 17 is hereby provided to read as follows:

“SEC. 17. CIVILIAN EMPLOYEE. - THERE SHALL BE CIVILIAN
POSITIONS WITHIN EVERY OFFICE OF THE PCG. THE HIGHEST RANK
AMONG THE CIVILIANS WHO SHALL BE THE HEAD IS DIRECTOR IV. THE
CIVILIAN EMPLOYEES SHALL ESTABLISH THEIR OWN PLANTILLA


eyausunn

POSITIONS TO COMPLEMENT THE STRENGTH OF THE PCG UNIFORMED
PERSONNEL.”

SEC. 16. SEC. 11 of RA No.9993 is hereby renumbered as SEC. 18.

SEC. 17. SEC. 12 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [12]19. Appointments. - Appointments of PCG officers, which shall be in
the initial rank of Coast Guard Ensign, shall be made by the Secretary of [the DOTC]
TRANSPORTATION upon the recommendation of the PCG Commandant. The initial
[appointment] entry ranks [of] FOR TECHNICAL OFFICERS LIKE [chaplains,
dentists] lawyers, medical doctors and ECUMENICAL shall be [Coast Guard Lieutenant]
IN THE RANK OF LIEUTENANT SENIOR GRADE, DENTISTS AND
VETERINARIANS SHALL BE LIEUTENANT JUNIOR GRADE, WHILE
NURSES AND CHEMISTS SHALL BE COMMISSIONED IN THE RANK OF
ENSIGN. APPOINTMENTS OF OTHER TECHNICAL PROFESSIONS THAT
MAY BE REQUIRED LATER SHALL BE BASED ON THE RANKING OF
LICENSURE AND COURSES ISSUED BY COMPETENT AUTHORITY.”

[No person shall be appointed as an officer of the PCG unless he is a natural born
citizen of the Philippines, at least twenty-one (21) years of age at the date of appointment,
physically fit and is a baccalaureate degree holder. 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 PCG non-officers
shall be made by the PCG Commandant. Appointments of all non-uniformed personnel
shall be in accordance with the Civil Service laws, rules and regulations.]

SEC. 18. A new SEC. 20 is hereby provided to read as follows:

“SEC. 20. BASIC QUALIFICATION FOR UNIFORMED PERSONNEL. - TO
QUALIFY AS OFFICER OR ENLISTED PERSONNEL OF THE PCG,
APPLICANT SHALL POSSESS THE FOLLOWING AT THE TIME OF
APPLICATION:

a) CITIZEN OF THE PHILIPPINES;
b) PERSON OF GOOD MORAL CONDUCT;

c) MUST HAVE PASSED THE PSYCHIATRIC/ PSYCHOLOGICAL,
DRUG AND PHYSICAL TESTS TO BE ADMINISTERED BY THE PCG
MEDICAL SERVICE OR BY ANY PCG ACCREDITED GOVERNMENT
HOSPITAL FOR THE PURPOSE OF DETERMINING PHYSICAL AND
MENTAL HEALTH;

d) MUST POSSESS A FORMAL BACCALAUREATE DEGREE WITH
APPROPRIATE LICENSE WHEN APPLICABLE OR PROFESSIONAL CIVIL
SERVICE ELIGIBILITY FOR APPOINTMENT AS OFFICER AND MUST HAVE
FINISHED AT LEAST THIRD YEAR COLLEGE WITH SIX (6) MONTHS TESDA
SKILLS COURSE RELATED TO THE FUNCTIONS OF PCG FOR
APPOINTMENT AS ENLISTED PERSONNEL UPON EFFECTIVITY OF THIS
ACT; AND

e) MUST NOT HAVE BEEN DISHONORABLY DISCHARGED FROM
MILITARY EMPLOYMENT OR DISMISSED FOR CAUSE FROM ANY
CIVILIAN POSITION IN THE GOVERNMENT.


g
8

ENLISTED PERSONNEL SHALL BE APPOINTED INTO THE SERVICE BY
THE COMMANDANT. THE APPOINTMENTS OF ALL CIVILIAN EMPLOYEES
SHALL BE IN ACCORDANCE WITH THE CIVIL SERVICE LAWS, RULES AND
REGULATIONS.”

SEC. 19. A new SEC. 21 is hereby provided to read as follows:

“SEC. 21. LATERAL ENTRY. — ACTIVE MEMBERS OF OTHER
UNIFORMED SERVICES UNDER THE ARMED FORCES OF THE
PHILIPPINES, PHILIPPINE NATIONAL POLICE, BUREAU OF FIRE
PROTECTION AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY
MAY JOIN THE PCG THROUGH LATERAL ENTRY. THE RANK FOR
OFFICERS ELIGIBLE FOR SUCH ENTRY MUST NOT BE HIGHER THAN
LIEUTENANT COMMANDER AND PETTY OFFICER SECOND CLASS FOR
ENLISTED PERSONNEL. NOTWITHSTANDING THE CORPS THEY WISH TO
JOIN, ALL ENTRANTS SHALL ONLY BE ACCEPTED IF ON OR BEFORE
TIME OF ENTRY THEY ARE NOT UNDER INVESTIGATION, ON AWOL
STATUS, SERVING SENTENCE, WHETHER ADMINISTRATIVE OR
CRIMINAL, BEEN ISSUED REPRIMAND IN THE LAST TWO (2) YEARS OR
HAS RECEIVED AN UNFAVOURABLE RATING IN THE LATEST
PERFORMANCE RATING. NO TRANSFERS MAY BE ACCEPTED WHEN
ALREADY HOLDING RANKS HIGHER THAN THOSE STATED ABOVE AND
IF NOT PROPERLY CLEARED FIRST BY THEIR RESPECTIVE SERVICES.
PROVIDED, THAT LATERAL ENTRY SHALL ONLY BE ALLOWED WHEN
ENTRANT HAVE VERY SPECIFIC SKILLS THAT MAY NOT BE READILY
DEVELOPED IN NEW RECRUITS. PROVIDED FURTHER, THAT THE NEW
ENTRANT HAS A REMAINING OF AT LEAST TEN (10) YEARS OF SERVICE
PRIOR OPTIONAL RETIREMENT.”

SEC. 20. SEC. 13 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [13] 22. Promotions FOR OFFICERS AND ENLISTED PERSONNEL.
— 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: provided, that the promotion to the rank of flag officers in the PCG
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:] SHALL BE BASED
ON MERIT AND FITNESS AND OBSERVE THE FOLLOWING PROCEDURES:

(a) OFFICERS SHALL ONLY BE PROMOTED AFTER
UNDERGOING DELIBERATION BEFORE PROMOTION BOARDS.
PROVIDED, THAT PROMOTION BOARDS SHALL SUBMIT THE RESULTS OF
THEIR DELIBERATION TO THE COMMANDANT FOR CONSIDERATION
AND CORRESPONDING ENDORSEMENT TO THE SECRETARY OF
TRANSPORTATION FOR APPROVAL. EXCEPT FOR THE PROMOTION TO
THE FLAG RANKS WHICH SHALL BE SUBMITTED BY THE BOARD OF
SENIORS TO THE COMMANDANT’S CONSIDERATION, AND
CONSEQUENTLY SUBMIT THE SAME TO THE SECRETARY OF
TRANSPORTATION FOR RECOMMENDATION TO THE PRESIDENT FOR
APPROVAL;

(b) THERE SHALL ALSO BE AN APPROPRIATE PROMOTION BOARD
FOR ENLISTED PERSONNEL WHOSE RECOMMENDATION SHALL BE
SUBMITTED TO THE COMMANDANT FOR APPROVAL;

Provided, further, that [said officers) BOTH OFFICER AND ENLISTED
PERSONNEL shall possess all the qualifications and none of the disqualification provided

9


under pertinent laws, rules and regulations, specifically on the completion of the required
schooling, training and minimum time and grade for said ranks.

1
2
3
4 [The PCG commandant shall approve the promotion of PCG non-officers to the
5 next higher rank based on the recommendation of the PCG selection and o promotion board
6 for non-officers: Provided, that special or meritorious promotion shall be extended to any
7 PCG non-officer for acts of inconspicuous courage or outstanding achievement in the coast
8 guard service as determined by the PCG selection and promotion board for non-officers.
9 The promotion of non-uniformed employees shall be governed by civil service laws, rules
10 and regulations.]”

12 SEC. 21. SEC. 14 of RA No. 9993 is hereby renumbered as SEC. 23.

14 SEC. 22. A new SEC. 24 is hereby provided to read as follows:

16 “SEC. 24. DISCIPLINARY SYSTEM. THE INTERNAL DISCIPLINARY
v7 SYSTEM SHALL COVER ALL PERSONNEL IN ACTIVE SERVICE AND FOR
18 INFRACTIONS COMMITTED INTERNALLY OR IN PUBLIC EXCEPT FOR
19 CRIMES WHICH SHALL FALL UNDER THE JURISDICTION OF
20 APPROPRIATE REGULAR COURTS. “

22 SEC. 23. A new SEC. 25 is hereby provided to read as follows

24 “SEC. 25. DISCIPLINARY AUTHORITY. THE PCG COMMANDANT
2s EXERCISES DISCIPLINARY AUTHORITY AT ANY TIME. THE AUTHORITY
26 TO DISCIPLINE SHALL ALSO BE EXERCISED BY UNIT COMMANDERS
27 INCLUDING SUB-STATION COMMANDERS, STATION COMMANDERS,
28 MORNING REPORT CARRYING SUB-UNITS’ COMMANDER, COMMANDING.
29 OFFICERS, UNIT COMMANDERS AND THE COMMANDANT.

30

31 DISCIPLINARY AUTHORITY SHALL BE EXERCISED DULY
32 OBSERVING THE BASIC REQUIREMENTS OF DUE PROCESS. THE PCG
33 SHALL PROVIDE POLICY IDENTIFYING THE SCALE OF OFFENSES AND
34 PENALTIES WITH ITS COUNTERPART JURISDICTIONS PROVIDED ABOVE
35 FURTHER EXPLAINED, TO BE IMPOSED UPON ANY MEMBER OF THE PCG
36 UNDER THIS SECTION.”

38 SEC. 24. A new SEC. 26 is hereby provided to read as follows:

40 “SEC. 26. EXCLUSIVE JURISDICTION. — A COMPLAINT OR A CHARGE
41 FILED AGAINST A PCG MEMBER SHALL BE HEARD AND DECIDED
42 EXCLUSIVELY BY THE DISCIPLINING AUTHORITY WHO HAS ACQUIRED
43 ORIGINAL JURISDICTION OVER THE CASE AND NOTWITHSTANDING THE
44 EXISTENCE OF CONCURRENT JURISDICTION AS REGARDS THE
4s OFFENSE: PROVIDED, THAT OFFENSES WHICH CARRY HIGHER
46 PENALTIES REFERRED TO A DISCIPLINING AUTHORITY SHALL BE
47 REFERRED TO THE APPROPRIATE AUTHORITY WHICH HAS
48 JURISDICTION OVER THE OFFENSE.”

50 SEC. 25. A new SEC. 27 is hereby provided to read as follows:

52 “SEC. 27. LEGAL ASSISTANCE. - THE SECRETARY OF THE
53 DEPARTMENT OF JUSTICE, THE SECRETARY OF TRANSPORTATION, OR
54 THE COMMANDANT OF THE PCG MAY AUTHORIZE LAWYERS OF THEIR
5S RESPECTIVE AGENCIES TO PROVIDE LEGAL ASSISTANCE TO ANY
56 MEMBER OF THE PCG WHO IS FACING BEFORE THE PROSECUTOR'S

57 OFFICE, THE COURT OR ANY COMPETENT BODY, A CHARGE OR

10


CHARGES ARISING FROM ANY INCIDENT WHICH IS RELATED TO THE
PERFORMANCE OF OFFICIAL DUTY: PROVIDED, THAT GOVERNMENT
LAWYERS SO AUTHORIZED SHALL HAVE THE POWER TO ADMINISTER
OATHS. THE SECRETARY OF JUSTICE, THE SECRETARY OF
TRANSPORTATION, AND THE COMMANDANT OF THE PCG SHALL
JOINTLY PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.”

SEC. 26. A new SEC. 28 is hereby provided to read as follows:

“SEC. 28. POWER TO ADMINISTER OATHS. — OFFICERS OF THE PCG
IN THE ACTIVE SERVICE SHALL HAVE THE POWER TO ADMINISTER
OATHS ON MATTERS WHICH ARE CONNECTED WITH THE
PERFORMANCE OF THEIR OFFICIAL DUTIES.”

SEC. 27. A new provision numbered SEC. 29 is hereby added to read as follows:

“SEC. 29. COAST GUARD INTERNAL AFFAIRS SERVICE (CGIAS)
COMMAND. - TO MAINTAIN ACCOUNTABILITY IN GOVERNMENT
SERVICE THROUGH DISCIPLINE AND EFFICIENCY, THERE SHALL BE AN
INTERNAL AFFAIRS SERVICE COMMAND. THIS SERVICE SHALL FOSTER
AND PROMOTE ACCOUNTABILITY IN GOVERNMENT SERVICE WITHIN
THE PCG AND FOLLOW THE BASIC PRINCIPLES OF INTEGRITY,
OBJECTIVITY, INDEPENDENCE, CONFIDENTIALITY, PROFESSIONALISM,
COMPETENC! COURAGE, TRUST, HONESTY, FAIRNESS,
FORTHRIGHTNESS, PUBLIC ACCOUNTABILITY AND RESPECT FOR
OTHERS AND THEMSELVES. IT SHALL HAVE THE POWER TO
INVESTIGATE AND INQUIRE INTO ANY AND ALL ACTIVITIES OF THE PCG
UNITS AND PERSONNEL, REVIEW PROCESSES, PROCEDURES AND
OPERATIONS TO DETERMINE IF SUCH WERE CONDUCTED EFFECTIVELY
AND EFFICIENTLY.

PERSONNEL OF THE INTERNAL AFFAIRS SERVICE IN ADDITION TO
OTHER ALLOWANCES AUTHORIZED UNDER EXISTING LAWS BE
GRANTED OCCUPATIONAL SPECIALTY PAY WHICH SHALL NOT EXCEED
FIFTY PERCENT (50%) OF THEIR BASIC PAY. THIS PAY SHALL NOT BE
CONSIDERED A FORFEITURE OF OTHER REMUNERATION AND
ALLOWANCES WHICH ARE ALLOWED UNDER EXISTING LAWS.”

SEC. 28. A new provision numbered SEC. 30 is hereby added to read as follows:

“SEC. 30. FOR LESS SERIOUS AND SERIOUS ADMINISTRATIVE
OFFENSES, THE JURISDICTION SHALL BE WITH THE CGIAS AND THE
COMMANDANT. LESS SERIOUS AND SERIOUS OFFENSES ARE
INFRACTIONS THAT MERIT SUSPENSION OR DISCHARGE FROM
SERVICE. HOWEVER, THE COMMANDANT AND MAJOR UNIT
COMMANDERS AFTER DUE NOTICE AND SUMMARY HEARING MAY
IMMEDIATELY REMOVE OR DISMISS ANY RESPONDENT PCG
PERSONNEL IN ANY OF THE FOLLOWING CASES:

(a) IN CASES OF DRUG ABUSE WHERE SUBSEQUENT
CONFIRMATION TEST CONFIRMS THE USE OF PROHIBITED DRUGS BY A
COAST GUARD PERSONNEL, UNIFORMED OR CIVILIAN;

(b) WHEN THE CHARGE IS SERIOUS AND THE EVIDENCE OF
GUILT IS STRONG;

uw


1 (c) WHEN THE RESPONDENT IS A RECIDIVIST OR HAS BEEN
2 REPEATEDLY CHARGED AND THERE ARE REASONABLE GROUNDS TO
3 BELIEVE THAT HE IS GUILTY OF THE CHARGES; AND

4

5 (d) | WHEN THE RESPONDENT IS GUILTY OF A SERIOUS OFFENSE
6 INVOLVING CONDUCT UNBECOMING OF A COAST GUARD PERSONNEL.
7

8 AN OFFICER OR ENLISTED PERSONNEL WHO IS CONTINUOUSLY
9 ABSENT WITHOUT APPROVED LEAVE FOR AT LEAST THIRTY (30)
10 CALENDAR DAYS SHALL BE CONSIDERED ON ABSENCE WITHOUT
ste OFFICIAL LEAVE (AWOL) AND SHALL BE SEPARATED FROM THE
12 SERVICE OR DROPPED FROM THE ROLLS WITHOUT PRIOR NOTICE. HE
13 SHALL, HOWEVER, BE INFORMED, AT HIS ADDRESS APPEARING ON HIS
14 201 FILES OF HIS SEPARATION FROM THE SERVICE, NOT LATER THAN
15 FIVE (5) CALENDAR DAYS FROM ITS EFFECTIVITY. PROVIDED, THAT FOR
16 EVERY DISCIPLINARY AUTHORITY MENTIONED IN THE PRECEDING
7 SECTIONS, THERE SHALL BE A DISCIPLINARY ACTION COMMITTEE
18 WITHIN THEIR UNIT TO CONDUCT THE INVESTIGATION AND SUMMARY
19 HEARING FOR RECOMMENDATION TO THE DISCIPLINING AUTHORITY
20 FOR IMPLEMENTATION. PROVIDED, FURTHER, THAT FOR THE
21 COMMANDANT, THE CGIAS SHALL ACT AS ITS DISCIPLINARY ACTION
22 COMMITTEE.”

24 SEC. 29. SEC. 19 of RA No.9993 is hereby renumbered and amended to read as follows:

26 “SEC. [19] 31. Separation [from Service]. ~ [Officers and non-officers who
27 voluntary resign or otherwise fail to comply with the standards of competence and
28 proficiency of the PCG, shall be separated from the service under existing laws, rules and
29 regulations. The separation of non-uniformed personnel shall be in accordance with Civil
30 Service laws, rules and regulations.| SEPARATION FROM THE COAST GUARD
31 SERVICE MAY BE DONE THROUGH COMPULSORY RETIREMENT,
32 OPTIONAL RETIREMENT UPON REACHING 20 YEARS IN SERVICE,
33 DISABILITY DISCHARGE, EXPIRATION OF ENLISTMENT TERM,
34 VOLUNTARY RESIGNATION, FOR CAUSE, DEATH OR IN THE INTEREST OF
35 THE GOVERNMENT.”

37 SEC. 30. A new provision numbered SEC. 32 is hereby added to read as follows:

39 “SEC. 32. ATTRITION. - THERE SHALL BE ESTABLISHED A SYSTEM
40 OF ATTRITION WITHIN THE UNIFORMED MEMBERS OF THE PCG WITHIN
41 ONE (1) YEAR FROM THE EFFECTIVITY OF THIS ACT TO BE SUBMITTED
42 BY THE PCG TO THE SECRETARY OF TRANSPORTATION FOR
43 APPROVAL.”

44

45 SEC. 31. SEC. 17 of RA No.9993 is hereby renumbered and amended to read as follows:

47 “SEC. [17.] 33. Retirement. - Upon attaining fifty-six (56) years of age or [upon]
48 accumulation of thirty (30) years of continuous satisfactory active service, whichever
49 comes later, a PCG [officer or non-officer] UNIFORMED PERSONNEL shall be
50 compulsorily retired: Provided, That [said officer or non-officer shall have a minimum of
51 twenty (20) years of active service. The retirement of non-uniformed personnel shall be
52 governed by Civil Service laws, rules and regulations.] IN CASE THE DISPARITY
53 BETWEEN LENGTH OF SERVICE AND AGE IS MORE THAN A YEAR, THEN
54 SERVICE MAY BE EXTENDED FOR A MAXIMUM OF FOUR (4) YEARS OR
55 NOT TO EXCEED 60 YEARS OF AGE. NEVERTHELESS, IF DISCREPANCY IN
56 YEARS OF SERVICE WILL CAUSE THE EXTENSION BEYOND THE AGE OF

57 60 BUT THE UNIFORMED PERSONNEL ALREADY ACCUMULATED 20

12


1 YEARS IN SERVICE UPON REACHING THE AGE OF 56, THEN SUCH
2 UNIFORMED PERSONNEL SHALL BE RETIRED FROM _ SERVICE.
3 PROVIDED, FURTHER, THAT ANY OFFICER OR ENLISTED PERSONNEL
4 MAY CHOOSE TO RETIRE ON THEIR OWN OPTION UPON REACHING 20
5 YEARS IN ACTIVE SERVICE. IN CASE QUESTIONS ARISE REGARDING
6 RETIREMENT, THE PROVISIONS OF PD NO. 1638, AS AMENDED SHALL BE
7 APPLICABLE TO ALL UNIFORMED PERSONNEL OF THE PCG.

8
9

(CIVILIAN PERSONNEL ARE COVERED BY THE CIVIL SERVICE LAW,
10 RULES AND REGULATIONS ON RETIREMENT AND SEPARATION.”

12 SEC. 32. SEC. 18 of RA No. 9993 is hereby renumbered and amended to read as follows:

14 “SEC. [18.] 34. Retirement Benefits. - Monthly retirement pay of officers and
15 [non-officers] ENLISTED PERSONNEL shall be fifty percent (50%) of base pay and
16 longevity pay of the next higher grade last held in case of twenty (20) years of active
7 service, increasing by two and one-half percent (214%) for every year of service rendered
18 beyond twenty (20) years to a maximum of ninety percent (90%) for thirty-six (36) years
19 of active service and over. PROVIDED, THAT ENLISTED PERSONNEL WITH THE
20 RANK OF CHIEF PETTY OFFICER, SENIOR CHIEF PETTY OFFICER, AND
21 MASTER CHIEF PETTY OFFICER SHALL RETIRE IN THE RANK OF ENSIGN
22 (0-1) AND CORRESPONDING PENSION RATE COMPUTED BASED ON
23 REPUBLIC ACT NO. 8220, EXCEPT FOR THE FIRST COMMAND MASTER
24 CHIEF WHO SHALL BE RETIRED WITH THE RANK OF ENSIGN BUT WITH
25 THE RETIREMENT PAY AND BENEFITS OF A LIEUTENANT JUNIOR GRADE
26 (0-2) AS PROVIDED FOR UNDER R.A. NO. 9365. THE RETIREMENT PAY OF
27 ALL PCG RETIREES SHALL BE SUBJECT TO ADJUSTMENT ON THE
28 PREVAILING SCALE OF BASE PAY OF PCG PERSONNEL IN THE ACTIVE
29 SERVICE. FOR ADDITIONAL MATTERS PERTAINING TO RETIREMENT
30 AND PENSION AS PROVIDED IN THE FOREGOING, THE UNIFORMED
31 PERSONNEL OF THE PCG SHALL CONTINUE TO BE COVERED BY P.D. NO.
32 1638 AS AMENDED UNTIL SUCH TIME THAT A NEW LAW IS ENACTED
33 SPECIFICALLY FOR THE PURPOSE. The retirement benefits of non-uniformed
34 personnel shall be governed by Civil Service [/] AND THE Government Service Insurance
35 System Law. “

37 SEC. 33. A new provision numbered SEC. 35 is hereby added to read as follows:

39 “SEC. 35. SURVIVORS. FAMILY OF THE OFFICER OR ENLISTED
40 PERSONNEL WHO ARE ALIVE AND MAY CLAIM BENEFITS AFTER SUCH
41 UNIFORMED PERSONNEL DIES IN LINE OF DUTY OR THE PENSIONER
42 DIES. THE FOLLOWING CRITERIA SHALL APPLY:

43

44 (a) SURVIVING SPOUSE IF MARRIED TO THE DECEASED PRIOR TO
4s THE LATTER’S RETIREMENT/SEPARATION AND NOT LEGALLY
46 SEPARATED BY JUDICIAL DECREE FROM THE DECEASED ISSUED ON
47 GROUNDS NOT ATTRIBUTABLE TO SAID SPOUSE: PROVIDED, THAT
48 ENTITLEMENT TO BENEFITS SHALL TERMINATE UPON THE RE-
49 MARRIAGE OF SAID SPOUSE;

50

51 (b) SURVIVING CHILDREN OF AN OFFICER OR ENLISTED
52 PERSONNEL BORN OF HIS MARRIAGE CONTRACTED PRIOR TO HIS
53 RETIREMENT/SEPARATION FROM THE SERVICE, LEGALLY ADOPTED ,
54 ACKNOWLEDGED OR RECOGNIZED, WHILE THE DECEASED PARENT
5S WAS STILL ON ACTIVE MILITARY SERVICE: PROVIDED, THAT
56 ENTITLEMENT TO BENEFITS SHALL TERMINATE WHEN SUCH

87 CHILDREN ATTAIN TWENTY-ONE (21) YEARS OF AGE OR UPON

13


MARRIAGE; PROVIDED FURTHER, THAT UNMARRIED CHILDREN WHO
HAVE REACHED THE AGE OF MAJORITY AND IS PHYSICALLY OR
MENTALLY INCAPACITATED TO WORK FOR THEMSELVES SHALL STILL
BE ENTITLED TO CLAIM BENEFITS;

(c) IN DEFAULT OF THOSE MENTIONED IN PARAGRAPH (A) AND
(B), ABOVE, SURVIVING, LEGITIMATE, ADOPTED OR ACKNOWLEDGED
OR RECOGNIZED CHILDREN, WHO HAVE REACHED TWENTY ONE (21)
YEARS OF AGE, OR IN THEIR ABSENCE, HIS SURVIVING PARENT OR
PARENTS, OR IN DEFAULT THEREOF, HIS SURVIVING UNMARRIED
BROTHERS AND SISTERS.

(d) THE RULES ON SURVIVORSHIP SHALL USE THE APPLICABLE
LAWS RELATIVE TO THE RELIGION OR CULTURE OF THE PERSONNEL
OR THE RETIREE.”

SEC. 34. A new provision numbered SEC. 36 is hereby added to read as follows:

“SEC. 36. PERMANENT PHYSICAL DISABILITY. — AN OFFICER OR
ENLISTED PERSONNEL WHO IS PERMANENTLY AND TOTALLY DISABLED
AS A RESULT OF INJURIES SUFFERED OR SICKNESS CONTRACTED IN THE
PERFORMANCE OF DUTY AS DULY CERTIFIED BY THE PCG, UPON
FINDING AND CERTIFICATION BY THE APPROPRIATE GOVERNMENT
HOSPITAL LIKE THE PHILIPPINE GENERAL HOSPITAL FOR THOSE
WITHIN METRO MANILA, THAT THE EXTENT OF THE DISABILITY OR
SICKNESS RENDERS SUCH MEMBER UNFIT OR UNABLE TO FURTHER
PERFORM THE DUTIES OF THE POSITION HELD, SHALL BE ENTITLED TO
ONE YEAR’S SALARY AND TO LIFETIME PENSION EQUIVALENT TO
FORTY PERCENT (40%) OF THEIR LAST SALARY, IN ADDITION TO OTHER
BENEFITS AS PROVIDED UNDER EXISTING LAWS.

SHOULD SUCH MEMBER WHO HAS BEEN RETIRED UNDER
PERMANENT TOTAL DISABILITY UNDER THIS SECTION DIE, WITHIN
THREE (3) YEARS FROM HIS RETIREMENT, HIS SURVIVING LEGAL
SPOUSE OR IF THERE BE NONE, THE SURVIVING DEPENDENT
LEGITIMATE CHILDREN SHALL BE ENTITLED TO THE PENSION FOR THE
REMAINDER OF THE THREE (3) YEARS GUARANTEED PERIOD.”

SEC. 35. A new provision numbered SEC. 37 is hereby added to read as follows:

“SEC. 37. DEATH AND DISABILITY BENEFITS. - A UNIFORMED
PERSONNEL AND/OR HIS HEIRS SHALL BE ENTITLED TO ALL BENEFITS
RELATIVE TO THE DEATH OR PERMANENT INCAPACITY OF SAID
PERSONNEL, AS PROVIDED FOR UNDER THIS ACT, AND/OR OTHER
EXISTING LAWS.”

SEC. 36. A new provision numbered SEC. 38 is hereby added to read as follows:

“SEC. 38. OLD-AGE PENSION ELIGIBILITY. A RETIRED PCG
UNIFORMED PERSONNEL WHO IS AT LEAST 65 YEARS OF AGE SHALL BE
ENTITLED TO AN OLD-AGE PENSION AMOUNTING TO FIVE THOUSAND
PESOS (PHP5,000.00) MONTHLY. THIS SHALL BE AVAILABLE TO ANY
RETIRED PCG UNIFORMED PERSONNEL WHO SHALL HAVE BEEN
HONORABLY DISCHARGED OR RETIRED AFTER AT LEAST TWENTY (20)
YEARS TOTAL PCG ACTIVE SERVICE OR SOONER SEPARATED WHILE IN
THE ACTIVE SERVICE IN THE PCG DUE TO DEATH OR DISABILITY

14


ARISING OR INCURRED IN ACTUAL OPERATIONS OR PERFORMANCE OF
DUTIES.

‘THE SURVIVING SPOUSE OF A RETIREE WHO DIED AFTER HAVING
RECEIVED OLD-AGE PENSION SHALL BE PAID AN OLD-AGE PENSION OF
FIVE THOUSAND PESOS (PHPS5,000.00) MONTHLY UNTIL SHE/HE
REMARRIES OR DIES.

SEC. 37. A new provision numbered SEC. 39 is hereby added to read as follows:

“SEC. 39. EXEMPTION FROM ATTACHMENT AND TAXES. —- ALL
BENEFITS GRANTED BY THIS ACT, INCLUDING BENEFITS RECEIVED
FROM A DULY INSTITUTED PROVIDENT FUND, SHALL NOT BE SUBJECT
TO ATTACHMENT, LEVY, EXECUTION OR ANY TAX OF WHATEVER
NATURE.”

SEC. 38. A new provision numbered SEC. 40 is hereby added to read as follows:

“SEC. 40. UNIFORMED PERSONNEL MISSING IN ACTION. — ANY
OFFICER OR ENLISTED PERSONNEL WHO WHILE IN THE PERFORMANCE
OF DUTY, IS OFFICIALLY CONFIRMED MISSING IN ACTION, KIDNAPPED
OR CAPTURED BY LAWLESS ELEMENTS SHALL, WHILE SO ABSENT, BE
ENTITLED TO RECEIVE OR TO HAVE CREDITED TO HIS ACCOUNT IN
FAVOR OF HIS LEGAL DEPENDENTS AS MAY BE DETERMINED, THE SAME.
PAY AND ALLOWANCES TO WHICH SUCH OFFICER OR ENLISTED
PERSONNEL WAS ENTITLED AT THE TIME OF THE INCIDENT: PROVIDED,
THAT THE COMPULSORY RETIREMENT OF A PERSON MISSING IN
ACTION SHALL BE PROCESSED TO ALLOW THE MEMBERS OF THE NEXT
OF KIN TO ENJOY THE RETIREMENT BENEFITS: PROVIDED, FURTHER,
THAT SHOULD THE COMMANDANT OF THE PCG, AS THE SAME MAY BE,
PON THE RECOMMENDATION OF THE PROPER AUTHORITY AND/OR
IMMEDIATE SUPERVISOR, SUBSEQUENTLY DETERMINE THAT THE
OFFICER OR ENLISTED PERSONNEL CONCERNED HAVE BEEN ABSENT
FROM DUTY WITHOUT AUTHORITY, SUCH MEMBER OR HIS HEIRS
SHALL REIMBURSE THE PCG ALL SUCH AMOUNT AND ALLOWANCES
RECEIVED IN ACCORDANCE WITH THIS SECTION AND THE FOLLOWING
SECTION.”

SEC. 39. A new provision numbered SEC. 41 is hereby added to read as follows:

“SEC. 41. INCENTIVES AND AWARDS. —- THERE SHALL BE
ESTABLISHED AN INCENTIVES AND AWARDS SYSTEM WHICH SHALL BE
ADMINISTERED BY A BOARD UNDER SUCH RULES, REGULATIONS AND
STANDARDS AS MAY BE PROMULGATED BY THE DEPARTMENT:
PROVIDED, THAT EQUIVALENT AWARDS SHALL BE GIVEN BY THE
DEPARTMENT FOR EVERY AWARD DULY GIVEN BY RESPECTABLE CIVIC
ORGANIZATIONS IN A NATIONWIDE SELECTION FOR OUTSTANDING
ACHIEVEMENT AND/OR PERFORMANCE OF ANY MEMBER.”

SEC. 40. A new provision numbered SEC. 42 is hereby added to read as follows:

“SEC. 42. EMERGENCY MEDICAL ASSISTANCE. THE PCG SHALL
HAVE AN EMERGENCY MEDICAL ASSISTANCE FUND, SOURCED FROM
THE PCG’S ANNUAL BUDGET PLAN AS REFLECTED IN THE GENERAL
APPROPRIATIONS ACT (GAA) FOR HOSPITALIZATION, OPERATION,
MEDICATION AND REHABILITATION FOR PERSONNEL ARISING FROM
INJURIES SUFFERED ON OCCASION OR RESULTING FROM THE

15


1 PERFORMANCE OF LEGITIMATE, OFFICIAL AND HAZARDOUS
+ OPERATIONS.”

3

4

5

6 SEC. 41. A new provision numbered SEC. 43 is hereby added to read as follows:

i

8 “SEC. 43. LONGEVITY PAY AND ALLOWANCES. — UNIFORMED
9 PERSONNEL OF THE PCG SHALL BE ENTITLED TO A LONGEVITY PAY OF
10 TEN PER CENTUM (10%) OF THEIR BASIC MONTHLY SALARIES FOR
11 EVERY FIVE (5) YEARS OF CONTINUOUS ACTIVE SERVICE, WHICH SHALL
12 BE RECKONED FROM THE DATE OF THE PERSONNEL'S ORIGINAL
13 APPOINTMENT IN THE PCG: PROVIDED, THAT THE TOTALITY OF SUCH
14 LONGEVITY PAY SHALL NOT EXCEED FIFTY PER CENTUM (50%) OF THE
15 BASIC PAY. THEY SHALL ALSO CONTINUE TO ENJOY THE SUBSISTENCE
16 ALLOWANCE, QUARTERS ALLOWANCE, CLOTHING ALLOWANCE, COST
v7 OF LIVING ALLOWANCE, HAZARD PAY, AND OTHER ALLOWANCES BUT
18 NOT LIMITED TO SEA DUTY PAY, FLYING PAY, LAWYERS INCENTIVE
19 PAY, OCCUPATIONAL SPECIALTY PAY, MAGNA CARTA FOR MEDICAL
20 WORKERS, SPECIALIZATION PAY, INSTRUCTORS DUTY PAY, COMBAT
21 PAY FOR OFFICERS AND ENLISTED PERSONNEL OF THE PCG
22 PERFORMING COMBAT DUTIES/ACTIVITIES OR ENGAGED IN ACTUAL
23 MARITIME LAW ENFORCEMENT OPERATIONS AS DEFINED IN
24 REGULATIONS TO BE ISSUED BY THE SECRETARY OF TRANSPORTATION
2s AND ALL OTHER ALLOWANCES AS PROVIDED BY EXISTING LAWS;
26 PROVIDED FURTHER, THERE SHALL BE COLLATERAL ALLOWANCES
27 FOR SPECIFIC ASSIGNMENTS FOR WHICH PCG SHALL ALSO ISSUE
28 SPECIFIC POLICY FOR APPROVAL OF THE PRESIDENT OR THE
29 SECRETARY OF TRANSPORTATION.”

31 SEC. 42. SEC. 15 of RA No. 9993 is hereby renumbered and amended to read as follows:

33 “SEC. [15.] 44. Active Service. - For purposes of this Act, {the] active service of
34 THE [PCG] UNIFORMED personnel [hereof] shall refer to services rendered as an
35 officer [,] AND ENLISTED PERSONNEL, [non-officer, probationary ensign, or those]
36 CADET, TRAINEE OR DRAFTEE IN THE PCG AND SERVICES rendered as a
37 civilian official or employee in the [PCG] PHILIPPINE GOVERNMENT prior to the
38 date of separation or retirement from the PCG: Provided, That [the term active service shall
39 include confirmed services rendered as a civilian employee in the Philippine government. ]
40 FOR PURPOSES OF RETIREMENT THE PERSONNEL SHALL HAVE
a1 RENDERED AT LEAST TEN (10) YEARS OF ACTIVE SERVICE AS OFFICER
42 OR ENLISTED PERSONNEL IN THE PCG: PROVIDED, FURTHER, THAT
43 SERVICES RENDERED AS CADET, PROBATIONARY OFFICER, TRAINEE OR
44 DRAFTEE IN THE PCG SHALL BE CREDITED FOR PURPOSES OF
45 LONGEVITY PAY: PROVIDED, FINALLY, THAT, FOR CADET SERVICES,
46 THE MAXIMUM NUMBER OF SERVICE TO BE CREDITED SHALL NOT
47 EXCEED THE DURATION OF THE PRE-COMMISSIONSHIP COURSE
48 SPECIFIED IN THE CURRICULUM.”

50 SEC. 43. SEC. 16 of RA No. 9993 is hereby renumbered as SEC. 45.

52 SEC. 44. A new provision numbered SEC. 46 is hereby added to read as follows:

54 “SEC. 46. PCG INSIGNIA, DECORATIONS AND AWARDS. - THE PCG
5S SHALL HAVE ITS OWN INSIGNIA AND BADGES TO DENOTE RANK,
56 SPECIALTY AND ASSIGNMENT INCLUDING UNIFORMS, DECORATIONS

57 AND AWARDS, ALL OF WHICH SHALL BE SUBMITTED TO THE NATIONAL

16


HISTORICAL INSTITUTE FOR REGISTRATION IN THE FLAGS AND
HERALDIC LIST. PROVIDED, THAT THERE SHALL BE AN ESTABLISHED
AWARDS SYSTEM WHICH SHALL BE ADMINISTERED BY THE PCG UNDER
SUCH RULES AND REGULATIONS AS MAY BE PROMULGATED WITH THE
APPROVAL OF THE SECRETARY OF TRANSPORTATION.”

SEC. 45. A new provision numbered SEC. 47 is hereby added to read as follows:

“SEC. 47. SPECIAL ACCOUNT. —- THE PCG SHALL MAINTAIN A
SPECIAL ACCOUNT UNDER THE GENERAL FUND, IN WHICH
RECEIVABLES FROM LOCAL OR FOREIGN ENTITIES SHALL BE
CREDITED INCLUDING PROCEEDS OR EXCESS OF GRANTS, FEES OR
CHARGES, DUES, FINES AND RENTALS GENERATED IN THE REGULAR
CONDUCT OF ITS SERVICE. PROVIDED, THAT THE PCG SHALL HAVE THE
AUTHORITY TO USE ONE HUNDRED (100%) PER CENTUM OF THIS FUND
FOR ITS CAPABILITY ENHANCEMENT.”

SEC. 46. SEC. 20 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [20.] 48. Collection of Revenues. - The PCG shall collect fees, dues, charges,
and fines relevant to the exercise of its various functions. PROVIDED, THAT THE
THIRTY (30%) PER CENTUM SHALL BE CREDITED TO THE SPECIAL
ACCOUNT.

SEC. 47. SEC. 21 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [21.] 49. IMPLEMENTING 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 provision of acts, decrees and orders related to the implementation of the PCG
functions.) UNLESS OTHERWISE PROVIDED IN THIS ACT, THE PHILIPPINE
COAST GUARD AND THE DEPARTMENT OF TRANSPORTATION, SHALL
PROMULGATE THE RULES AND REGULATIONS FOR THE EFFECTIVE
IMPLEMENTATION OF THIS ACT. SUCH RULES AND REGULATIONS
SHALL TAKE EFFECT UPON ITS PUBLICATION IN TWO (2) NEWSPAPERS
OF GENERAL CIRCULATION.”

SEC. 48. SEC. 22 of RA No. 9993 is hereby renumbered as SEC. 50.
SEC. 49. SEC. 23 of RA No. 9993 is hereby renumbered as SEC. 51
SEC. 50. SEC. 24 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [24.] 52. Appropriations. - The Secretary of the DOT[C]R shall immediately
prepare the necessary guidelines to cover the establishment of the PCG as an attached
agency to the DOT[C]R, the [initial] SUBSEQUENT funding of which shall be charged
against the current year's appropriations of the PCG and, thereafter, in the annual General
Appropriations Act. ”

SEC. 51. SEC. 25 of RA No. 9993 is hereby renumbered and amended to read as follows:

“SEC. [25.] 53. Transitory Provisions. — [All previous appointments and
promotions of PCG uniformed personnel made prior to the enactment of this Act shall
remain valid and subsisting] THE PROVISIONS ON RETIREMENT
SPECIFICALLY OF SENIOR ENLISTED PERSONNEL WHOSE RETIREMENT
WERE AFFECTED BY THE IMPLEMENTATION OF R.A. NO. 9993 IN SO FAR
AS THE COMPUTATION RATE IS CONCERNED SHALL BE COVERED BY

7


THE HEREIN PROVISION RETROACTIVELY AND WHATEVER AMOUNT
DEDUCTED FROM THEIR PENSION SHALL BE RETURNED. THE SAME
SHALL ALSO BE RETROACTIVELY APPLICABLE TO THE INDEXATION OF
PENSION TO BASE PAY SCALE ADJUSTMENTS AFFECTED BY RA NO. 9993.

SEC. 52. SEC. 26 of RA No.9993 is hereby renumbered and amended to read as follows:

“SEC [26.] 54. Separability Clause. — [If for any reason, any provision of this Act
is declared unconstitutional or invalid, such parts not affected thereby shall remain in full
force and effect.| IF ANY PROVISION OF THIS ACT IS SUBSEQUENTLY
DECLARED INVALID OR UNCONSTITUTIONAL, THE OTHER PROVISIONS
HEREOF WHICH ARE NOT AFFECTED THEREBY SHALL REMAIN IN FULL
FORCE AND EFFECT.

SEC. 53. SEC. 27 of RA No.9993 is hereby renumbered and amended to read as follows:

“Section [27.] 58. Repealing Clause. ~ [All laws, decrees, executive orders, rules
and regulations and other issuance's or parts thereof which are inconsistent with this Act
are hereby repealed, amended or modified accordingly.] ALL OTHER LAWS, ACTS,
PRESIDENTIAL DECREES, RULES AND REGULATIONS OR PARTS
THEREOF INCONSISTENT WITH THE PROVISIONS OF THIS ACT ARE
HEREBY EXPRESSLY REPEALED, AMENDED OR MODIFIED
ACCORDINGLY.

SEC. 54, SEC. 28 of RA No.9993 is hereby renumbered and amended to read as follows:

“Section (28.] 56. 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. THIS ACT SHALL TAKE EFFECT FIFTEEN (15) DAYS AFTER ITS
COMPLETE PUBLICATION IN THE OFFICIAL GAZETTE OR IN AT LEAST
TWO (2) NEWSPAPERS OF GENERAL CIRCULATION.

Approved,

18