OF THE PHILIPPINES 
First Regular Session 
S E N A T E  
Introduced by Senator Biazon 
Explanatory Note 
The creation in 1967 of the Philippine Coast Guard under the Department 
of National Defense as the country’s premier agency on maritime safety put into 
place the country’s efforts in integrating the diverse functions of maritime safety 
administration including maritime safety, marine environmental protection, aids to 
navigation, maritime operations and maritime law enforcement. In particular, it 
was mandated to formulate, implement and enforce safety, regulatory and other 
functions, to wit: 
1, Seaworthiness of vessels including hull and machinery and life-saving 
appliances; 
2. Crew competence; 
3. Provision of adequate aids to navigation equipment and facilities, and; 
4. Provision of adequate search and rescue facilities. 
In 1998, the President through Executive Order No. 477 attached the PCG 
to the Department of Transportation and Communications (DOTC). 
To date, although it has been operating under the DOTC including its 
annual appropriations, yet the PCG is still governed by AFP rules and 
regulations. There are also questions raised on the validity of an EO amending a 
statute despite the wide recognition on the chief executive’s power to 
continuously re-organize the national government. 
This bill will serve as a curative measure by returning the Coast Guard to 
the DND where it rightfuily belongs and where it shall be a separate unit under 
the Philippine Navy. It will also correct the anomalous situation where an armed 
unit with ranks and pay scale as that of the military, governed by the Articles of 
War and covered by the AFP Retirement Law is under a purely civilian 
department. 
RODOLFO G. BIAZON 
Senator 
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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
7 JUN 30 ? 3 : 2  
First Regular Session 
) 
S E N A T E  
s hln 186 
U. l.”. 
AN ACT 
TRANSFERRING THE PHILIPPINE COAST GUARD TO THE DEPARTMENT 
OF NATIONAL DEFENSE AS A SEPARATE AND DISTINCT SERVICE UNDER 
THE PHILIPPINE NAVY, FURTHER AMENDING REPUBLIC ACT NO. 5173, AS 
AMENDED, AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives in 
Congress assembled: 
SECTION ONE. Title. - This Act shall be known as the “Philippine Coast 
Guard Law of 2007.” 
SECTION. 2. Esfablishment. - The Philippine Coast Guard (PCG) is 
hereby established as a distinct, armed and uniformed commissioned service 
under the Department of National Defense. It shall be a separate unit under the 
Philippine Navy, Armed Forces of the Philippines (AFP). 
The PCG shall consist of uniformed and non-uniformed personnel with 
defined Coast Guard Table of Organization and Equipment, specialties, ranks, 
ratings, and plantilla positions. 
SECTION. 3. The PCG Commandant. - The PCG shall be headed by the 
Commandant who shall carry the rank of Rear Admiral. He shall be appointed by 
the President from among the Flag Officers in the Coast Guard active service. 
The Commandant may establish policies and standards for the efficient 
and effective management and operation of PCG. 
SECTION. 4. Categories of Personnel. - The PCG shall consist of the 
following categories of officers and employees. 
a) PCG officers; 
b) PCG enlisted personnel; 
c) PCG non-uniformed personnel; 
e) Drafteesltrainees; and 
9 Midshipmenlwomen 
The phrase “PCG uniformed personnel” as used in the Act shall refer to 
SECTION. 5. Technical Service. There shall be a PCG Technical Service 
to be composed of lawyers, medical doctors, dentists, nurses and chaplains, 
d) Probationary 2 nd LieutenaWEnsign; 
. 
both “PCG officers” and “PCG enlisted personnel” unless otherwise indicated. 
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including personnel whose pre-entry requires courses are closely relatedl allied 
to the aforementioned professional groupings. 
SECTION. 6. Personnel Administration. 
a) 
Commissionship, appointments and promotions of all PCG 
Commissioned officers shall be approved by the President of the Republic of the 
Philippines through the Chief of Staff, AFP. 
b) Appointments and promotions of all PCG non-commissioned personnel 
shall be made by the Chief of Staff, AFP. 
c) Appointments and promotions of all non-uniformed personnel shall be in 
accordance with the Civil Service Law. 
SECTION. 7. Disciplinary Actions. - In the investigation of administrative 
cases against PCG officers and enlisted personnel, the PCG shall be governed 
by the Articles of War. The applicable rules, regulations and guidelines 
promulgated by the Civil Service Commission shall govern the investigation of 
administrative cases against its non-uniformed employees. 
SECTION. 8. Pay and Allowances. - The PCG officers and enlisted 
personnel shall receive the same base pay, longevity pay, hazard pay, benefits 
and allowances and all other compensations as are presently or hereafter may 
be authorized for corresponding ranks or grades in the AFP: Provided, however, 
that such longevity pay, hazard pay, benefits, allowances and all other 
compensations referred to by this Act shall not be subject to attachment, levy or 
execution or any tax of whatever nature. 
SECTION. 9. Active Service. - For purposes of this Act, active service of 
the PCG officers and enlisted personnel shall refer to services rendered as an 
officer/probationary 
second 
lieutenanffensign 
and 
enlisted 
personnel, 
cadeffmidshipman, trainee or draftee in the PCG or in the AFP prior to the 
separation of the PCG from the Philippine Navy: Provided, That services 
rendered as midshipman/woman, probationary officer, trainee or draftee in the 
PCG or as cadet or trainee in the all shall be credited for purposes of longevity 
Pay. 
SECTION. IO. Retirement and Health Care System. - The retirement 
system of PCG uniformed personnel shall 'be in accordance with P.D. No. 1638 
as amended. Compulsory retirement for officers and enlisted personnel shall be 
upon attainment of age fifty-six (56) or thirty (30) years of accumulated 
government service, whichever is later. Upon accumulation of at least twenty (20) 
years of satisfactory active service, an officer or enlisted personnel, at his own 
request and with the approval of the President of the Philippines and the Chief of 
Staff, AFP, shall be optionally retired from the service and entitled to receive 
benefits provided for by law. 
SECTION. 11. Collection of Revenues. - The PCG shall collect fees and 
charges and funds relevant to the exercise of its various regulatory and law 
enforcement functions. 
SECTION. 12. PCG Trust Fund. - The collections mentioned in the 
preceding section shall constitute a Trust Fund which the PCG is authorized to 
use for its operations subject only to such rules and regulations as may be issued 
by the Commission on Audit. 
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SECTION. 13. Organization o f a  PCG Auxiliary. - The PCG may organize 
and train a civilian volunteer organization known as the PCG Auxiliary, under the 
direct control and supervision of the Commandant or any officer designated by 
him for the purpose of assisting 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, and maintaining aids to navigation and such other 
activities that enhance maritime community relations which include civic actions, 
youth development and related activities. 
SECTION. 14. Rules and Regulations. - The PCG Commandant, with 
approval by the Secretary of National Defense, shall issue such rules and 
regulations, determine, fix and/or prescribe charges, rates and penalties 
pertinent, as may be necessary to implement the provisions of this Act as well as 
provisions of acts, presidential decrees and orders related to the implementation 
of Coast Guard functions. 
SECTION. 15. Transitoy provisions. - All previous appointments and 
promotions of PCG uniformed personnel made prior to the effectivity of this Act 
shall remain valid and subsisting. 
Upon the effectivity of this Act, the current Commandant, PCG shall be 
SECTION. 16. Appropriafions. - Such amount as may be necessary to 
carry out the provisions of this Act, which are appropriated for the PCG at the 
time of the approval of this Act, shall continue to be carried in subsequent annual 
General Appropriations Acts. Thereafter, the Philippine Coast Guard shall 
prepare its own budget as a unit under the Philippine Navy. 
deemed retired pursuant to the existing retirement rules and regulations. 
SECTION. 17. 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. 
SECTION. 18. Repealing Clause. - All laws, presidential decrees, 
executive orders, letters of instructions, and rules and regulations that are 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SECTION. 19. Effectivify. - This Act shall take effect fifteen (15) days 
following its complete publication in the official Gazeffe or in at least two (2) 
newspapers of general circulation. 
Approved. 
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