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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4286

HOUSE BILL NO.

Introduced by REP. JOHNNY T. PIMENTEL

EXPLANATORY NOTE

This bill seeks to carry out administrative reforms for the Philippine Coast
Guard. In 2009, the Philippine Coast Guard Law was enacted through RA
9993. It established the Coast Guard as an armed and uniformed personnel
separate from the Armed Forces. This placed the Coast Guard under
Department of Transportation and Communications (now the Department of
Transportation).

However, various administrative endowments and benefits to the active and
retired personnel of the Coast Guards are wanting, unlike their other
uniformed and military personnel counterparts. Among these are the recent
increase in base pay for the uniformed and military personnel was not given
effect to the members of the Philippine Coast Guard despite the intention of
the government to grant them with the same increase in compensation.

Furthermore, this bill seeks to give the Coast Guard the similar benefits given
to other uniformed and military personnel.

For the aforementioned reasons, the undersigned submits this bill for the
consideration of this august body.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3

Introduced by REP. JOHNNY T. PIMENTEL

AN ACT PROVIDING FOR THE ADMINISTRATIVE REFORM AND
REORGANIZATION OF THE PHILIPPINE COAST GUARD AND FOR
OTHER PURPOSES, AMENDING CERTAIN PROVISIONS OF REPUBLIC
ACT NUMBERED NINETY-NINE HUNDRED AND NINETY-THREE
ENTITLED, “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”

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

Sec. 1 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
Administration and Reorganization Act”.

Section 2 of Republic Act 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 (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.”

Section 5 of Republic Act No. 9993 is hereby amended as section
6 hereof and read as follows:

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Sec. 6. The PCG Commandant. - The PCG shall be headed by a
Commandant with the rank of Admiral which is equivalent to the rank and
pay grade of the Chief of Staff, AFP and Police Director General, PNP.
Provided, That he shall be appointed by the President from among the Flag
Officers in the Coast Guard service. He must hold a command-at-sea badge
and 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.

A new provision is hereby added and numbered as section 5 and
read as follows:

Sec. 6. Powers and Functions of the Commandant. - The
Commandant shall have the power to:

(a) direct and control 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;

(b) under the authority and direction of the President through the
Secretary of Transportation, shall be responsible for the
development and execution of national maritime laws;

() prescribe, in accordance with the policies of the Secretary of
Transportation, the organization, powers, functions and duties of
the various staff, services, installations and other units of the PCG;
also have the power to issue detailed implementing 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.

(d)

Such command and direction of the Commandant may be delegated to
subordinate officials with respect to the units under their respective
commands, in accordance with the rules and regulation prescribed under
existing laws. The Commandant shall also have the power to issue detailed
implementing 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. 6 of Republic Act No. 9993 is hereby amended and renumbered to
read as follows:

Sec. 7. Organization. - The PCG organization shall have a
Commandant as head, assisted by the Deputy Commandant for Operations
and Deputy Commandant for Administration. The PCG shall be composed by
functional service commands, administrative support commands, operational

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support commands, operating commands, technical services and special
services. Provided, That the minimum manning level of the PCG shall be
computed based on the total coastline of the Philippines with one (1)
uniformed personnel per (1) kilometer of coastline.

A new provision is hereby added and numbered as Section 8 hereof 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;

(c) 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 basic training and is
awaiting enlistment into the PCG active service;

() Cadet- refers to a person who is undergoing training for
commissionship or who is enrolled in service academies under the
sponsorship of the PCG;

(g) Trainee - refers to a person who is undergoing training to qualify as
member of the enlisted personnel’s corps of the PCG;

A new provision is hereby added and numbered as Section 9 hereof to
read as follows:

Sec. 9. Rank Classification. - The ranks/grades 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)

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A new provision is hereby added and numbered as Section 10 hereof and
read as follows:

Sec. 10. Technical Officers. — Following are the professionals that may
join the PCG service as technical officers:

(a) Lawyers
(b) Doctors

(c) Priests, Pastors, Imam, and other certified clerics
(d) Dentists

(e) Veterinarians

(9 Clinical Psychologists

(g) Physical Therapists

(h) Chemists

() Medical Technologists

() 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. 7 of Republic Act No. 9993 is hereby amended and renumbered to
read as follows:

Sec. 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 between officer and
enlisted personnel which is one (1) officer to every seven (7) 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. 8 of Republic Act No. 9993 is hereby amended and renumbered to
read as follows:

Sec. 12. Distribution of flag officers. - 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

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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. 9. of Republic Act No. 9993 is hereby amended and renumbered as
section 13 hereof to read as follows:

Sec. 13. Maximum Tenure in Position. - Officers holding the following
key positions are hereby limited to a maximum tenure of three (3) years,
unless otherwise earlier relieved by competent authority or compulsorily
retired under existing laws:

Commandant
Deputy Commandant

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 one (1) year of active service
remaining prior to compulsory retirement.”

A new provision is hereby added and numbered as Section 14 hereof to
read as follows:

Sec. 14. The ranks/grades 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)

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Seaman/Seawoman First Class (SN1/SW1)
Seaman/Seawoman Second Class (SN2/SW2)
Apprentice Seaman/Seawoman (ASN/ASW)
Draftee (DFT)

A new provision is hereby added and numbered as section 15 to read as
follows:

Sec. 15. 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:

Rank Maximum Tenure in Rank
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.

A new provision is hereby added and numbered as section 16 hereof to
read as follows:

Sec. 16. 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
positions to complement the strength of the PCG uniformed personnel.

Sec. 11 of Republic Act No. 9993 is hereby renumbered as section 17
hereof.

Sec. 12 of Republic Act No. 9993 is hereby amended to read as follows:

Sec. 18. Appointments. - Appointments of PCG officers, which shall be
in the initial rank of Coast Guard Ensign, shall be made by the Secretary of
the Transportation upon the recommendation of the PCG Commandant. The
initial entry ranks for technical officers like lawyers, medical doctors and
ecumenical shall be in the rank of Lieutenant Senior Grade, dentists and
veterinarians shall be Lieutenant Junior Grade, while nurses and chemists

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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.”

A new provision is hereby added and numbered as Section 19 hereof and
read as follows:

Sec. 19. 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) Acitizen of the Philippines;

(b) A 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;

(a) 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.

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.

A new provision is hereby added and numbered as Section 20 hereof and
read as follows:

Sec. 20. Lateral Entry. — Active members of other uniformed services
under the Armed Forces of the Philippines, Philippine National Police, Bureau
of Fire and 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

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entrant has a remaining of at least ten (10) years of service prior optional
retirement.

Sec. 13 of Republic Act No. 9993 is hereby amended and numbered as
section 21 to read as follows:

Sec. 21. Promotion for Officers and Enlisted Personnel. - The promotion
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 appropriate promotion board for enlisted
personnel whose recommendation shall be submitted to the
Commandant for approval;

Provided, Further, That both officer and enlisted personnel for
promotion shall 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-in-grade for
specific ranks.

Sec. 14 of Republic Act No. 9993 is hereby renumbered as Section 22
hereof:

A new provision is hereby added and numbered as Section 23 and read
as follows:

Sec. 23. Disciplinary System. The internal disciplinary system shall
cover all personnel in active service and for infractions committed internally
or in public except for crimes which shall fall under the jurisdiction of
appropriate regular courts.

A new provision is hereby added and numbered as section 24 hereof and
read as follows:

Sec. 24. Disciplinary Authority. The Commandant, PCG exercises
disciplinary authority at any time. The authority to discipline shall also be
exercised by unit commanders including sub-station commanders, station
commanders, morning report carrying sub-units’ commander, commanding
officers, unit commanders and the Commandant.

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Disciplinary authority shall be exercised duly observing the basic
requirements of due process. The PCG shall provide policy identifying the
scale of offenses and penalties with its counterpart jurisdictions provided
above further explained, to be imposed upon any member of the PCG under
this section.

A new provision is hereby added and numbered as Section 25 hereof and
read as follows:

Sec. 25. Exclusive Jurisdiction. - A complaint or a charge filed against
a PCG member shall be heard and decided exclusively by the disciplining
authority who has acquired original jurisdiction over the case and
notwithstanding the existence of concurrent jurisdiction as regards the
offense: Provided, That offenses which carry higher penalties referred to a
disciplining authority shall be referred to the appropriate authority which has
jurisdiction over the offense.

A new provision is hereby added and numbered as Section 26 hereof and
read as follows:

Sec. 26. Legal Assistance. - The Secretary of the Department of Justice,
the Secretary of Transportation, or the Commandant of the PCG may
authorize lawyers of their respective agencies to provide legal assistance to
any member of the PCG who is facing before the prosecutor's office, the court
or any competent body, a charge or 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.

A new provision is hereby added and numbered as Section 27 hereof and
read as follows:

Sec. 27. Power to Administer Oath: 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.

A new provision is hereby added and numbered as Section 28 hereof and
read as follows:

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Sec. 28. 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;

(c) When the respondent is a recidivist or has been repeatedly
charged and there are reasonable grounds to believe that he is
guilty of the charges; and

(d) When the respondent is guilty of a serious offense involving
conduct unbecoming of a coast guard personnel.

An officer or enlisted personnel who is continuously absent without
approved leave for at least thirty (30) calendar days shall be considered on
absence without official leave (AWOL) and shall be separated from the service
or dropped from the rolls without prior notice. He shall, however, be informed,
at his address appearing on his 201 files of his separation from the service,
not later than five (5) calendar days from its effectivity. Provided, That for
every disciplinary authority mentioned in the preceding sections, there shall
be a disciplinary action committee within their unit to conduct the
investigation and summary hearing for recommendation to the disciplining
authority for implementation. Provided, Further, That for the Commandant,
the CGIAS shall act as its disciplinary action committee.

A new provision is hereby added and numbered as Section 29 hereof and
read as follows:

Sec. 29. Coast Guard Internal Affairs Service 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, competence, 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

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considered a forfeiture of other remuneration and allowances which are
allowed under existing laws.

Section 19 of Republic Act 9993 is hereby amended and renumbered as
section 30 to read as follows:

Sec. 30. Separation. - Separation from the Coast Guard service may be
done through compulsory retirement, optional retirement upon reaching 20
years in service, disability discharge, expiration of enlistment term, voluntary
resignation, for cause, death or in the interest of the Government.

A new provision is hereby added and numbered as Section 31 and read
as follows:

Sec. 31. Attrition. - There shall be established a system of attrition
within the uniformed members of the PCG within one (1) year from the
effectivity of this Act to be submitted by the PCG to the Secretary of
Transportation for approval.

Section 17 of Republic Act 9993 is hereby amended and renumbered as
Section 32 hereof to read as follows:

Sec. 32. Retirement. - Upon attaining either 56 years of age or
accumulation of 30 years of continuous satisfactory active service, whichever
comes later, a PCG uniformed personnel shall be compulsorily retired;
Provided, That in case the disparity between length of service and age is more
than a year, then service may be extended for a maximum of four (4) years or
not to exceed 60 years of age. Nevertheless, if discrepancy in years of service
will cause the extension beyond the age of 60 but the uniformed personnel
already accumulated 20 years in service upon reaching the age of 56, then
such uniformed personnel shall be retired from service. Provided, Further,
That any officer or enlisted personnel may choose to retire on their own option
upon reaching 20 years in active service. In case questions arise regarding
retirement, the provisions of PD No. 1638, as amended shall be applicable to
all uniformed personnel of the PCG.

Civilian personnel are covered by the Civil Service law, rules and
regulations on retirement and separation.

Section 18 of Republic Act 9993 is hereby amended and renumbered as
Section 33 hereof to read as follows:

Sec. 33. Retirement Benefits. - Monthly retirement pay of officers and
enlisted personnel 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 (2 % %) for every year of service
rendered beyond twenty (20) years to a maximum of ninety percent (90%) for

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thirty-six (36) years of active service and over. Provided, That enlisted
personnel with the rank of Chief Petty Officer, Senior Chief Petty Officer, and
Master Chief Petty Officer shall retire in the rank of ENSIGN (0-1) and
corresponding pension rate computed based on Republic Act No. 8220, except
for the First Command Master Chief who shall be retired with the rank of
ENSIGN but with the retirement pay and benefits of a LIEUTENANT JUNIOR
GRADE (0-2) as provided for under R.A. No. 9365. The retirement pay of all
PCG retirees shall be subject to adjustment on the prevailing scale of base
pay of PCG personnel in the active service. For additional matters pertaining
to retirement and pension as provided in the foregoing, the uniformed
personnel of the PCG shall continue to be covered by P.D. No. 1638 as
amended until such time that a new law is enacted specifically for the

purpose.

The retirement benefits of civilian personnel shall be governed by Civil
Service law and the Government Service Insurance System Law.

A new provision is hereby added and numbered as Section 34 and read
as follows:

Sec. 34. Survivors. Family of the officer or enlisted personnel who are
alive and may claim benefits after such uniformed personnel dies in line of
duty or the pensioner dies. The following criteria shall apply:

(a) Surviving spouse if married to the deceased prior to the latter’s
retirement/separation and not legally separated by judicial
decree from the deceased issued on grounds not attributable
to said spouse: PROVIDED, That entitlement to benefits shall
terminate upon the re-marriage of said spouse;

(b) Surviving children of an officer or enlisted personnel born of
his marriage contracted prior to his retirement/separation
from the service, legally adopted , acknowledged or recognized,
while the deceased parent was still on active military service:
Provided, That entitlement to benefits shall terminate when
such children attain twenty-one (21) years of age or upon
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.

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(d) The rules on survivorship shall use the applicable laws relative
to the religion or culture of the personnel or the retiree.

A new provision is hereby added and numbered as Section 35 and read
as follows:

Sec. 35. 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.

A new provision is hereby added and numbered as Section 36 and read
as follows:

Sec. 36. 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.

A new provision is hereby added and numbered as Section 37 and read
as follows:

Sec. 37. - 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 arising or incurred in actual operations or performance
of duties.

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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
(Php5,000.00) monthly until she/he remarries or dies.

A new provision is hereby added and numbered as Section 38 and read
as follows:

See. 38. 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.

A new provision is hereby added and numbered as Section 39 and read
as follows:

Sec. 39. 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, upon 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.

A new provision is hereby added and numbered as Section 40 and read
as follows:

Sec. 40. 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

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nationwide selection for outstanding achievement and/or performance of any
member.

A new provision is hereby added and numbered as Section 41 and read
as follows:

Sec. 41. 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 performance of legitimate, official
and hazardous operations.

A new provision is hereby added and numbered as Section 41 and read
as follows:

Sec. 42. Longevity Pay and Allowances. - Uniformed personnel of the
PCG shall be entitled to a longevity pay of ten per centum (10%) of their basic
monthly salaries for every five (5) years of continuous active service, which
shall be reckoned from the date of the personnel's original appointment in the
PCG: PROVIDED, That the totality of such longevity pay shall not exceed fifty
per centum (50%) of the basic pay. They shall also continue to enjoy the
subsistence allowance, quarters allowance, clothing allowance, cost of living
allowance, hazard pay, and other allowances but not limited to sea duty pay,
flying pay, lawyers incentive pay, occupational specialty pay, magna carta for
medical workers, specialization pay, instructors duty pay, combat pay for
officers and enlisted personnel of the PCG performing combat
duties/activities or engaged in actual maritime law enforcement operations
as defined in regulations to be issued by the Secretary of Transportation and
all other allowances as provided by existing laws; PROVIDED FURTHER, there
shall be collateral allowances for specific assignments for which PCG shall
also issue specific policy for approval of the President or the Secretary of
Transportation.

Section 15 of Republic Act 9993 is hereby amended and renumbered as
Section 43 to read as follows:

Sec. 43. Active Service. - For purposes of this Act, active service of the
uniformed personnel shall refer to services rendered as an officer and enlisted
personnel, cadet, trainee or draftee in the PCG and services rendered as a

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civilian official or employee in the Philippine Government prior to the date of
separation or retirement from the PCG: Provided, That, for purposes of
retirement the personnel shall have rendered at least ten (10) years of active
service as officer or enlisted personnel in the PCG: Provided, further, That
services rendered as cadet, probationary officer, trainee or draftee in the PCG
shall be credited for purposes of longevity pay: Provided, finally, That, for
cadet services, the maximum number of service to be credited shall not exceed
the duration of the pre-commissionship course specified in the curriculum.

Section 16 of Republic Act 9993 is hereby renumbered as Section
43 hereof.

A new provision is hereby added and numbered as Section 44 and read
as follows:

Sec. 44. PCG Insignia, Decorations and Awards. - The PCG shall have
its own insignia and badges to denote rank, specialty and assignment
including uniforms, decorations and awards, all of which shall be submitted
to the National 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.

A new provision is hereby added and numbered as Section 45 and read
as follows:

Sec. 45. 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 service. Provided, that
PCG shall have the authority to use one hundred (100%) per centum of this
fund for capability enhancement.

Section 20 of Republic 9993 is hereby amended and renumbered as
Section 46 hereof:

Sec. 46. 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.

A new provision is hereby added and numbered as Section 47 and read
as follows:

Sec. 47. Implementing Rules and Regulations. - Unless otherwise
provided in this Act, the Philippine Coast Guard and the Department of

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‘Transportation, shall promulgate rules and regulations for the effective
implementation of this act. Such rules and regulations shall take effect upon
publication in three (3) newspapers of general circulation.

Section 22 of Republic Act 9993 is hereby renumbered as section 48
hereof.

Section 23 of Republic Act 9993 is hereby renumbered as section 49
hereof.

Section 24 of Republic Act 9993 is hereby amended and renumbered as
Section 50 hereof to read as follows:

Sec. 50. Appropriations. - The Secretary of the DOTr shall immediately
prepare the necessary guidelines to cover the establishment of the PCG as an
attached agency to the DOT, the subsequent funding of which shall be
charged against the current year’s appropriations of the PCG and, thereafter,
in the annual General Appropriations Act.

A new provision is hereby added and numbered as section 51 and read
as follows:

Sec. 51. Transitory Provisions. - 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 shall be
covered by herein provision retroactively and whatever amount deducted from
their pension shall be returned. The same shall also be retroactively
applicable to indexation of pension to base pay scale adjustments affected by
RA No. 9993.

Section 27 of Republic Act 9993 is hereby renumbered as Section 52
hereof.

Sec. 52. Repealing Clause. ~ All laws, presidential decrees, letters of
instructions, executive orders, rules and regulations insofar as they are
inconsistent with this Act are hereby repealed or amended as the case may
be.

Section 28 of Republic Act 9993 is hereby renumbered as Section 53
hereof.

Sec. 53. Separability Clause. - In case any provision of this Act or any

portion thereof is declared unconstitutional by a competent court, such as
parts not affected thereby shall remain in full force and effect.

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Section 29 of Republic Act 9993 is hereby renumbered as Section 54
hereof.

Sec. 54. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in any two (2) newspapers of
general circulations.

Approved.

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