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FOURTEENTH CONGKESS OF THE 
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Third Regular Session 
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REPUBLIC OF THE PHILIPPINES ) 
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S E N A T E  
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COMMITTEE REPORT NO. 549. . 
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Prepared and submitted jointly by the Committees on National Defense and Security, Civil 
Service and Government Reorganization, Finance, and Ways and Means on 
AUG 1 3 2009 . 
Re: 
Senate Bill No. 33 8 9 
Recommending its approval in substitution of S. Nos. 186, 541, 1142, 1238, 1412, 1419, 
and 3029, and H. No. 5151, taking into consideration P.S. Res. Nos. 33 and 715. 
Sponsors: 
MR. PRESIDENT: \ 
Senators Biazon, Lacson, and Angara 
- - - . . 1 ( 1 1 1 ~ 1 ” - ~  .--. 
“lll.^_.~.ll.“..~.. 
The committees on 
tional Defense and Security, Civil Service and Government 
Reorganization, Finance, an Ways and Means, to which were referred Senate Bill No. 
“AN ACT 
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”; 
186, introduced by Senat > 
r Biazon, entitled: 
TRANSFERRING 
THE 
PHILIPPINE 
COAST 
GUARD 
TO 
THE 
Senate Bill No. 541, introduced by Senator Ejercito-Estrada, entitled: 
“AN ACT 
ESTABLISHING THE PHILIPPINE COAST GUARD AS AN ATTACHED 
AGENCY 
TO 
THE 
DEPARTMENT OF 
TRANSPORTATION 
AND 
COMMUNICATIONS, FURTHER AMENDING REPUBLIC ACT NO. 5173 
AND PRESIDENTIAL DECREE 601, AND FOR OTHER PURPOSES”; 
=e 
Jr. 
Senate Bill No. 1142, introduced by Senator Pimentel,6entitled: 
“AN ACT 
STRENGTHENING THE PHILIPPINE COAST GUARD AND VESTING IN IT 
THE PRIMARY RESPONSIBILITY OF ENFORCING MARITIME SAFETY 
RULES AND REGULATIONS AS WELL AS ANY OTHER MATTER 
RELATED TO THE PERFORMANCE OF SAFETY OF LIFE AND 
PROPERTY FUNCTION WITHIN PHILIPPINE TERRITORIAL WATERS 
AND FOR OTHER PURPOSES”; 


Senate Bill No. 1238, introduced by Senator Escudero, entitled: 
“AN ACT 
REORGANIZING THE PHILIPPINE COAST GUARD AS A SEPARATE AND 
DISTINCT COMMISSIONED SERVICE UNDER THE DEPARTMENT OF 
TRANSPORTATION AND 
COMMUNICATIONS 
AND 
FOR 
OTHER 
PURPOSES”; 
Senate Bill No. 1412, introduced by Senator Gordon, entitled: 
“AN ACT 
TO PROMOTE MARITIME SAFETY, ENHANCE MARITIME SECURITY, 
AND SAFEGUARD AND PROTECT THE MARITIME ENVIRONMENT BY 
STRENGTHENING THE PHILIPPINE COAST GUARD”: 
Senate Bill No. 1419, introduced by Senator Trillanes, entitled: 
“AN ACT 
TRANSFERRING 
THE 
PHILIPPINE 
COAST 
GUARD 
TO 
THE 
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS AS A 
SEPARATE AND DISTINCT ARMED UNIFORMED COMMISSIONED 
SERVICE, FURTHER AMENDING REPUBLIC ACT NO. 7153, AS 
AMENDED, AND FOR OTHER PURPOSES”; 
Senate Bill No. 3029, introduced by Senator Trillanes, entitled: 
“AN ACT 
TO RESTORE THE PHILIPPINE COAST GUARD (PCG) OF ITS 
AUTHORITY AND RESPONSIBILITY TO PERFORM SHIP SAFETY 
INSPECTION SERVICES AND CARRY OUT OTHER SHIP SAFETY 
ENFORCEMENT 
FUNCTIONS, AMENDING 
FOR 
THIS 
PURPOSE 
REPUBLIC ACT NO. 9295, AND FOR OTHER PURPOSES”; and 
House Bill No. 5151, introduced by Reps. Golez, Biazon, Jaafar, Mitra, Mendoza, 
Madrona, Escudero, Puentevella, Lagman, Codilla and Teodoro, entitled: 
“AN ACT 
TRANSFERRING 
THE 
PHILIPPINE 
COAST 
GUARD 
TO 
THE 
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS AS AN 
ATTACHED AGENCY AND REDEFINING ITS ORGANIZATION AND 
PERSONNEL ADMINISTRATION, AMENDING REPUBLIC ACT NO. 5173, 
AND FOR OTHER PURPOSES”; 
taking into consideration Proposed Senate Resolution No. 33, introduced by Senator 
Biazon, entitled: 
“RESOLUTION 
DIRECTING THE COMMITTEE ON NATIONAL DEFENSE AND SECURITY 
TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE STATUS 
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OF 
THE 
PHILIPPINE COAST 
GUARD 
(PCG) 
TO 
DETERMINE 
APPLICABLE LAWS IN ITS ADMINISTRATION AND THE TREATMENT OF 
ITS OFFICERS AND PERSONNEL”; and 
Proposed Senate Resolution No. 715, introduced by Senator Santiago, entitled: 
“RESOLUTION 
DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT AN 
INQUIRY, IN AID OF LEGISLATION, ON DEFINING THE CHARACTER 
AND MANDATE OF THE PHILIPPINE COAST GUARD” 
have considered the same and have the honor to report them back to the Senate with the 
recommendation that the attached Senate Bill No. 3389 , prepared by the 
Committees, 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 approved in substitution of S. Nos. 186,541,1142,1238, 1412,1419, and 3029, and H. 
No. 5151, taking into c o n s w o n  P.S. Res. Nos. 33 and 715, with Senators Biazon, 
Ejercito-Estrada, Pimentel,,Escudero, Gordon, Trillanes, Santiago, Lacson and Angara as 
authors thereof. 
Jr. 
: 
Respectfully submitted: 
Committee Chairmen: 
National Defense and Security 
Member, Finance, Ways and Means 
EDGARDO J./ANdARA 
Finance 
Member, National Defense and Security, 
Civil Service & Gov’t Reorganization, 
and Ways and Means 
PA &
E
N
 
IL 
air) Civil Service & Gov’t Reorganization 
Member, National Defense and Security, 
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and Ways and Means 
RIO 6. HONASAN II 
Finance 
Member, National Defense and Security, 
and Ways and Means 
and Ways and Means 
Commitfee Members: 
FRANCIS “CHIZ” G. ESCUDERO 
National Defense and Security, Civil Service and 
Gov’t Reorganization, and Ways and Means 
Nationakefense and Security, Finance, , 
and Ways and Means 
Nhonal Defense and Security, Finance, 
and Ways and Means 
NG REVILLA JR. 
ense and Security, and Finance 
MANUEL “LITO” M. LAPlD 
National Defense and Security, Finance, 
and Ways and Means 
National Defense and Security, Finance, 
and Ways and Means 
-4- 


ALAN PETER “COMPANERO” S. CAYETANO 
National Defense and Security, Civil Service and 
Finance 
Gov’t Reorganization, Finance, and Ways and Means 
and Security, Civil Service and 
and Security, and Finance 
Gov’t Rebganizationl Finance, and Ways and Means 
h 
Ex-Officio Members: 
Pro Tempore 
AQUlLlNO Q. PIMENTEL, JR. 
Minority Leader 
HON. JUAN PONCE ENRILE 
SfNA T f  PRESDfNT 
SENATE OF THE PHlLlPPlNES 
PASAY ClTY 
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FOURTEENTH CONGRESS OF THE 
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Republic of the Philippines 
1 
Third Regular Session 
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S E N A T E  
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S.No. 3389 
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(In substitution of S. Nos. 186, 541, 1142, 1238, -1412, 1419, and 3029, and H. No. 5151, 
taking into consideration P.S. Res. Nos. 33 and 715) 
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Prepared by the Committee on National Defense and Security joint with the committees on Civil Service 
and Government Reo&%ation, 
Finance, and Ways and Means, with Senators Biazon, Ejercito-Estrada, 
PimentelT!hcudero, Gordon, Trillanes, Santiago, Lacson and Angara as authors 
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 Philippinecsin 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the Philippine Coast Guard Law 
of 2009. 
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 (DOTC): Provided, That in times of 
war, as declared by Congress, the PCG or parts thereof, shall be attached to the 
Department of National Defense. 
SEC. 3. Powers and Functions. -The PCG shall have the following powers and 
functions: 
a. To enforce regulations in accordance with all relevant maritime international 
conventions, treaties or instruments and national laws for the promotion of safety of life 
and property at sea within the maritime jurisdiction of the Philippines and conduct port 
state control implementation; 
compliance with safety standards and other regulations; 
b. To conduct inspections on all merchant ships to ensure and enforce 
c. To conduct emergency readiness evaluation on merchant marine vessels; 
d. To issue and enforce rules and regulations for the promotion of safety of life 
and property at sea on maritime-related activities such as fluvial parades, regattas and 
other related recreational activities: 
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e. To coordinate, develop, establish, maintain and operate aids to navigation, 
vessel traffic system, maritime communications and search and rescue facilities within 
the maritime jurisdiction of the Philippines; 
f. To remove, destroy or tow to port, sunken or floating hazards to navigation, 
including illegal fish traps and vessels, at or close to.sea lanes which may cause hazard 
to the marine environment; 
g. To issue permits for the salvage of vessels and to supervise all marine 
salvage operations, as well as prescribe and enforce rules and regulations governing 
the same; 
h. To render aid to persons and vessels in distress and conduct search and 
rescue in marine accidents within the maritime jurisdiction of the Philippines, including 
the high seas, in accordance with applicable international conventions. In the 
performance of this function, the PCG may enlist the services of other government 
agencies and the merchant marine fleet; 
i. To investigate and inquire into the causes of all maritime accidents involving 
death, casualties and damage to properties: 
j. To assist in the enforcement and maintenance of maritime security, 
prevention or suppression of terrorism at sea, and performance of law enforcement 
functions in accordance with pertinent laws, rules and regulations; 
k. To assist in the enforcement of laws on fisheries, immigration, tariff and 
customs, forestry, firearms and explosives, human trafficking, dangerous drugs and 
controlled chemicals, transnational crimes and other applicable laws within the territorial 
waters of the Philippines: 
I. To board and inspect all types of merchant ships and watercrafts in the 
performance of its functions; 
m. To enforce laws and promulgate and administer rules and regulations for the 
protection of marine environment and resources from offshore sources of pollution 
within the jurisdiction of the Philippines; 
n. To develop oil spill response, containment and recovery capabilities against 
ship-based pollution; 
0. To grant, within its capabilities and consistent with its mandate, requests for 
assistance of other government agencies in the performance of their functions; 
p. To organize, train and supervise the PCG Auxiliary (PCGA) for the purpose of 
q. To perform such other functions that may be necessary in the attainment of 
SEC. 4. The PCG Commandant. -The PCG'shall be headed by a Commandant 
who shall carry the rank of Admiral: Provided, That he shall be appointed by the 
assisting the PCG in carrying out its mandated functions; and 
the objectives of this Act. 
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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. 
5. 
Organization. - The 
PCG shall 
consist 
of the following 
categories of officers and employees: 
a. PCG officers; 
b. PCG non-officers; 
c. PCG non-uniformed personnel; 
d. Probationary ensign; 
SEC. 6. PCG Technical Service. There shall be a PCG Technical Service to be 
composed of chaplains, chemists, dentists, lawyers, marine biologists, medical doctors, 
nurses, professors and veterinarians, including personnel whose pre-entry required 
courses are closely allied to the aforementioned professional group. 
SEC. 7. Organization of a PCG Auxiliay. - The PCG shall continue to maintain, 
supervise and train the PCGA as a civilian volunteer organization under the direct 
control and supervision of the PCG Commandant. The PCGA shall assist in the 
promotion of safety of life and property at sea', the preservation of the marine 
environment and its resources, the conduct of maritime search and rescue, the 
maintenance of aids to navigation and such other activities that enhance maritime 
community relations which include civic action, youth development, recreational safety 
and other related activities. 
SEC. 8. Appoinfments. - Appointments of PCG officers, which shall be in the 
initial rank of Coast Guard Ensign, shall be made by the Secretary of the DOTC upon 
the recommendation of the PCG Commandant. The initial appointment ranks of 
chaplains, dentists, lawyers, medical doctors, professors and veterinarians shall be 
Coast Guard Lieutenant. The initial appointment ranks of the other members of the PCG 
Technical Service who belong to other fields of occupational specialties not mentioned 
herein shall be as determined and made by the PCG Commandant. 
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 shail 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 law, rules and regulations. 
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SEC. 9. Promotions. - 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 shall be submitted by a Board of 
Senior Officers to the PCG Commandant for the approval of the President upon 
recommendation of the Secretary of the DOTC: Provided, further, That said officers 
shall possess all the qualifications and none of the disqualification provided under 
pertinent laws, rules, and regulations, specifically on the completion of the required 
schooling, training and minimum time and grade for said ranks. 
The PCG Commandant shall approve the promotion of PCG non-officers to the 
next higher rank based on the recommendation of the PCG Selection and Promotion 
Board for Non-Officers: Provided, That special or meritorious promotion shall be 
extended to any PCG non-officer for acts of inconspicuous courage or outstanding 
achievement in the Coast Guard service as determined by the PCG Selection and 
Promotion Board for Non-Officers. The promotion of non-uniformed employees shall be 
governed by Civil Service laws, rules and regulations. 
SEC. I O .  Salaries and Other Benefits. - The uniformed personnel of the PCG 
shall receive the same base pay, longevity pay, hazard pay and other benefits and 
allowances as are now or hereafter may be authorized for corresponding salary grades 
and ranks in the Armed Forces of the Philippines (AFP) until such time that a new law is 
enacted for the purpose. The salaries and allowances of the non-uniformed employees 
of the PCG shall be in accordance with Civil Service laws, rules and regulations. 
Personnel of the Technical Service shall, in addition to other allowances 
authorized under this Act and other existing laws, be granted occupational specialty pay 
which shall not exceed fifty percent (50%) of their basic pay. 
SEC. 11. Active Service. - For purposes of this Act, the active service of PCG 
personnel hereof shall refer to services rendered as an officer, non-officer, probationary 
ensign, or those rendered as a civilian official or employee in the PCG prior to the date 
of separation or retirement from the PCG: Provided, That the term active service shall 
include confirmed services rendered as a civilian employee in the Philippine 
government. 
SEC. 12. Disciplinary Action. - The applicable and pertinent provisions of the 
AFP Military Justice System shall be adopted in disciplinary cases against PCG officers 
and non-officers. The applicable rules, regulations and guidelines promulgated by the 
Civil Service Commission shall govern cases against PCG non-uniformed employees. 
SEC. 13. Retirement. - Upon attaining fifty-six (56) years of age or upon 
accumulation of thirty (30) years of continuous satisfactory active service, a PCG officer 
or non-officer shall be compulsorily retired: Provided, That said officer or non-officer 
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shall have a minimum of twenty (20) years active service. The retirement of non- 
uniformed personnel shall be governed by Civil Service laws, rules and regulations. 
SEC. 14. Retirement Benefits. - Monthly retirement pay of officers and non- 
officers 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 thirty-six (36) years of active service and over. 
The retirement benefits of non-uniformed personnel shall be governed by Civil 
Service/Government Security and Insurance System Law. 
SEC. 15. Separation from Service. - Officers and non-officers who voluntarily 
resign or otherwise fail to comply with the standards of competence and proficiency of 
the PCG, shall be separated from the service under existing laws, rules and regulations. 
The separation of non-uniformed personnel shall be in accordance with Civil Service 
law, rules and regulations. 
SEC. 16. Collection of Revenues. - The PCG shall collect fees, dues, charges 
and fines relevant to the exercise of its various functions. 
SEC. 17. Rules and Regulations. -The PCG Commandant 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. 
SEC. 18. PCG Properties and Lighthouse Reservations. - The PCG shall 
continue to exercise exclusive ownership, possession, control and supervision over all 
properties transferred to it by virtue of Executive Order No. 475 dated 30 March 1998 
and Executive Order No. 477 dated 15 April 1998, such as infer alia, vessels, 
watercrafts, firearms, armaments, munitions, communications and electronic equipment, 
vehicles, buildings, real estate and lighthouse reservations. 
SEC. 19. Establishment and Expansion of Coast Guard Bases and Facilities. - In 
coordination with other appropriate government agencies, the PCG shall develop and 
enhance its capabilities in the performance of its m,andated functions and establish its 
strategic presence. 
SEC. 20. Appropriations. -The Secretary of the DOTC shall immediately prepare 
the necessary guidelines to cover the establishment of the PCG as an attached agency 
to the DOTC, the initial funding of which shall be charged against the current year's 
appropriations of the PCG and, thereafter, in the ann,ual General Appropriations Act. 
SEC. 21. Transitov Provisions. - All previous appointments and promotions of 
PCG uniformed personnel made prior to the enactment of this Act shall remain valid and 
subsisting. 
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SEC. 22. Separabilify 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. 
SEC. 23. Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations and other issuances or parts thereof which are inconsistent with this Act are 
hereby repealed, amended or modified accordingly. 
SEC. 24. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Officjal Gazette or in any two (2) newspapers of general circulation. 
Approved. 
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