14th Congress of the RepubIic 
) 
of the Philippines 
_ -  
1st Regular Session 
1 
S E N A T E  
Introduced by Senator Aquilino Q. Pimentel, Jr. 
EXPLANATORY NOTE 
This bill seeks to confer upon the Philippine Coast Guard the primary 
responsibility of overseeing the safety of life and property at sea of all seafarers. 
It intends to resolve the confusion that arises in the aftermath of sea disasters 
where government agencies usually point at each other as being negligent or 
responsible for the sea mishaps. It does so by delineating the functions of the 
government agencies involved in the protection of seafarers, sea cargo, and 
vesseIs. It tasks the Maritime Industry Authority (MARINA) with the duty of 
issuing rules, regulations and standards pertaining I to the maritime industry, 
safety and other related matters while the Philippine Coast Guard is tasked with 
the duty of enforcing and implementing such rules, regulations and standards 
promulgated by the MARINA. 
This bill clearly holds the Philippine Coast Guard responsible in ensuring 
the safety of all lives and properties at sea. It specifically enumerates the 
functions of the Philippine Coast Guard in attaining this end. 
The early passage of this bill is sought. 
I 
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14th Congress of the Republic 
1 
of the Philippines 
1 
1st Regular Session 
1 
, . .. 
SEN,ATE 
S. No. 
Introduced by Senator Aquilino Q. Pimentel, Jr. 
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 
Be it enacted bv the Senate and House of Representatives of the Philipvines in 
Conxress assembled: 
SECTION 1. The Philippine Coast Guard shall be primarily responsible 
for the enforcement of maritime safety rules and regulations as promulgated by 
the Maritime Industry Authority (MARINA), to ensure the safe operation of all 
inter-island ships. The roles of these two (2) agencies are hereby defined, namely: 
Maritime Industry Authority (MARINA) shall be the maritime administrator 
tasked with the duty of issuingrules, regulations and standards pertaining to the 
maritime industry, safety and related matters; while the Philippine Coast Guard 
shall be tasked with the duty of enforcing and implementing the same as 
promulgated by the MARINA. 
SECTION 2. To this end, the Philippine Coast Guard shall have the 
following functions in addition to those already granted by existing laws and not 
inconsistent with this Act: 


f) 
To ensure at all times the seaworthiness of all vessels plying 
Philippine waters; 
To ensure that only competent, properly trained and duly licensed 
masters, pilots and seafarers are allowed to board and man ships; 
To enforce minimum manning level requirements of seafarers; 
To prevent the overloading of vessels by ensuring that the ship is 
only carrying passengers and/or cargoes in accordance with the 
duIy authorized passenger and/ or cargo capacity through head 
counting and compliance with load line limitations as indicated in 
billboards strategically placed on board the vessels; 
To establish and maintain adequate aids to navigation including 
rescue centers to serve as lookout points in accident prone areas at 
sea and which shall provide aid assistance and facilities for the 
promotion of safety; 
To engage in search and rescue operations and call on other 
government/nongovernment units in rendering assistance to 
distressed persons or vessels either on the high seas or on 
Philippine waters’ 
To organize, train and supervise the Philippine Coast Guard 
Auxiliary Group for the purpose of assisting the Philippine Coast 
Guard in carrying out its mandated functions; 
To verify compliance with the following ship and crew 
documentation: 
1) 
Certificate of Ship Registry; 
2) 
Pleasure Yacht Registration; 
3) 
Certificate of Number; 
4) 
Certificate of Ownership; 


Coastwise License; 
Bay and River License; 
Certificate of Inspection; 
Special Certificate of Inspection; 
Permit to Operate Fishing Vessels; 
Special Permit to Navigate; 
Special 
Permit 
to 
Carry/Load 
FIammable/Dangerous/Hazardous Cargoes; 
Seafarer’s Identification and Record Book (SIRB); 
Standards of Training, Certification and Watchkeeping 
(STCW) Endorsement certificate; 
Other seafarer-related documents (e.g. licenses, training 
certificates, dispensation permit/ s); 
Motorboat Operator’s License (MBOL); and 
Special Permit for Small Boat Captains and Marine Diesel 
Engine Mechanics License. 
i) 
To verify compliance with the terms and conditions specified in the 
Certificate of Public Convenience (CPC), Provisional Authority 
(PA), Special Permit (SP) or CPC exemption, particularly: 
Route/s and schedule of trips prescribed by the Maritime 
Industry Authority (MARINA); 
Validity of passenger insurance policy for passenger- 
carrying vessels; 
Maximum authorized passenger and cargo capacity though 
head counting in case there is clear indication of 
overIoading; and 


4) 
Requirement of officers and crew to wear the proper 
uniform while on duty. 
To serve and enforce the cease and desist orders issued by the 
MARlNA and other concerned government agencies on the master, 
owner or his agents of the ship; 
To undertake the issuance of the following in accordance with the 
rules and regulations that the MARINA may promulgate: 
Motorboat Operator’s License (MBOL); 
Certificate of Inspection; 
Special Certificate of Inspection; 
Special Permit to Navigate/Towing Permit; 
Special 
Permit 
to 
Carry/Load 
Flammable/Dangerous/Hazardous Cargoes; and 
Special Permit for Small Board Captains and Marine Diesel 
Engine Mechanics License. 
In all of the above cases, the MARINA shall be furnished 
with a list of such issuances on a quarterly basis. 
To issue and serve Inspection Apprehension Report (IAR) to the 
master, owner of his agent of the ship who fails to comply with the 
MARINA and other concerned government agencies’ policies, rules 
and regulations in cases where it is deputized by such agencies; 
To clear ships for departure where there is compliance with all 
maritime safety-related rules and regulations and after payment of 
the necessary port dues and charges; 
To provide the MARINA a list of inspectors and issuing offices, by 
area of assignment, with their corresponding quaIifications 


including their specimen signatures as well as copies of all 
issuances pursuant to Section 2 (k); 
To conduct the Emergency Readiness Evaluation (ERE)/Material 
Readiness Evaluation (MARE); 
0) 
p) 
TO undertake the control of movement of vessels/watercrafts 
during typhoons and adverse weather conditions; 
To inform the concerned MARINA regional director and his central 
office action officer and other concerned government agencies of 
any control undertaken on the movement of vessels/watercrafts 
during typhoons and adverse weather conditions; 
q) 
r) 
TO submit a monthly report to the Secretary of the Department of 
Transportation and Communications (DOTC), copy furnished the 
MARINA administrator, on the conduct of the functions under this 
Act, including the submission of updated reports on maritime 
casualties; and 
To designate vessels traffic separation scheme and/or system 
where appropriate. 
s) 
t) 
SECTION 3. Results and findings of all inspections conducted pursuant 
to Sections 2(h) and 2(i) shall be reflected in appropriate forms drawn for the 
purpose. 
SECTION 4. Revenue derived from the exercise of the foregoing 
functions shall be properly receipted, recorded and remitted to the Bureau of 
Treasury in accordance with existing Department of Budget and Management 
(DBM) and Commission on Audit (COA) rules and regulations. 


SECTION 5. The Philippine Coast Guard shall promulgate the necessary 
rules and regulations to implement its mandate under this Act with the prior 
concurrence of the MARINA. 
SECTION 6. Nothing herein shall be construed as to absolve vessel 
owners, masters, pilots and seamen from their criminal and civil liabilities in 
cases of loss of Iives or injuries to passengers or loss or damage to property in 
accordance with existing criminal and civil laws. 
SECTEON 7. Any person or the principal officers and directors of 
corporations, partnerships or other judicial entities, who shall violate any 
provision of this Act or who shall fail to comply with any of the requirements 
mentioned in Section 2Q, 2(i) and 2(k) thereto shall, upon conviction, be liable to 
pay a fine of not less than Two Hundred Fifty thousand pesos (@250,000) nor 
more than Five Hundred Thousand Pesos (RjO0,OOO) or imprisonment of not 
more than six (6) years of suspension for four (4) years from the practice of the 
maritime profession or both, upon the discretion of the court: Provided, That if 
death to any passenger shall have occurred as a result of such violation, the 
penalty shall be a fine of not less than Three million pesos (P3,000,000) nor more 
than Five million pesos (l%,OOO,OOO) 
or imprisonment of not more than twelve 
(12) years or both, upon the discretion of the court; and that in the case of 
motorized bancas and similar motorized watercrafts, violation hereof shall be 
subject to imprisonment of not less than six (6) months nor more than one (1) 
year or a fine of not less than Ten thousand pesos (@lO,OOO) nor more than 
Twenty thousand pesos (@20,000) or both, upon the discretion of the court: 
Provided, firtlzer, That if death occurred on board a motorized banca or any 
similar motorized watercraft, the penalty shalI be a fine of not less than One 


hundred thousand pesos (iQl00,OOO) nor more than Three hundred thousand 
pesos (R300,OOO) or imprisonment of not more than six (6) years or both, upon 
the discretion of the court: Provided, furthemore, That in all cases, the penalty 
hereof shall be without prejudice to civil and/or criminal liability under existing 
laws. In the case of the captain of the vessel, including motorized banca or any 
other similar motorized watercraft, he shall further be disqualified perpetually 
from acting as an officer of such vessel, motorized banca or other similar 
motorized watercraft: Provided, finally, That in the case of the members of the 
Philippine Coast Guard, they shall suffer the additional penalties of dismissal 
from the service, forfeiture of retirement benefits, and be perpetually disqualified 
from holding public office. 
SECTION 8. If any provision of this Act is declared invalid, the 
provisions thereof not affected by such declaration shall remain in force and 
effect. 
SECTION 9. Any provision of law, decree, executive order, rules or 
regulations, or any part thereof, in conflict with, or contract to this Act, is hereby 
repealed or modified accordingly. 
SECTION 10. This Act shall take effect after fifteen (15) days following its 
publication in the OfFciuZ Gazette or a newspaper of general circulation, 
whichever comes first. 
Approved,