THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
6 
S. No. 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
EXPLANATORY NOTE 
Time and again, our inter-island vessels have been overloading on cargoes and 
passengers. And this has contributed to a iiuinber of sea tragedies. The tragedies notwithstanding, 
ship overloading continues unabated. 
In same manner, these inter-island vessels have been sailing without the necessary 
equipment and paraphernalia mandated by the safety of the vessels and their cargo passengers. 
It is time to impose criminal sanctions for these violations. 
For the foregoing reasons, approval of this proposed measure is eaiiiestly prayed for. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Fii-st Regular Session 
SENATE 
S. No. 
786 
INTRODUCED BY HON. MANUEL B. VILLAR, 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 by the Senate and House of Representatives of the Philippines in Congress 
nssenihlecl: 
SECTION I . 
The Philippine Coast Guard shall be primarily responsible for the enforcement of 
maritime safety rules and regulations as promulgated by the Maritime Iiidustiy Authority 
(MARINA), to ensure the safe operation of all inter-island ships. 
SEC. 2. 
To this end, the Philippine Coast Guard shall have the following functions: 
(a) 
.To ensure at all times the seawoi-thiness of all vessels plying Philippine waters; 
(b) 
To approve plans for the construction, repair, or alteration of vessels under bareboat 
charter, approve materials, equipment and appliances of vessels in connection with the safety of 
life and property at sea. Provided, That, MARINA’S approval shall be required as to the 
economic and cominercial aspects of the design, approve the classification of vessels; inspect 
vessels and their equipment and appliances; administer load line requirements; promulgate and 
enforce other provisions for the safety of life and property on vessels, Provided, That, 
certification and approval of any plans, equipment and any vessels by internationally known 
classification societies wliicli are recognized by the Philippine government shall be deemed to 
have complied with this section; 


(c) 
seafarers are allowed to board and man ships; 
(4 
(e) 
within Philippine territorial waters; 
(f) 
To prevent the overloading of vessels by ensuring that the ship is only carrying 
passengers and/or cargo capacity through head counting and compliance with load line 
limitations as indicated in billboards strategically placed on board vessels; 
(9) 
To assist in the supervisions of maritime schools and maritime training programs, in 
coordination with the Commission 011 Higher Education (CHED) and the Maritime Training 
CoLiiicil (MTC), in order that such schools and programs live up to the highest educational 
standards of tlie maritime profession; 
(14 
To establish and maintain adequate aids to navigation including rescue centers to serve 
as lookout points iii accident prone areas at sea and which shall provide aid assistance and 
facilities for the proinotioii of safety; 
(9 
To engage in search and rescue operations and may call on other government / non- 
goveiiiineiit units in rendering assistance to distressed persons or vessels either on tlie high seas 
or on Philippine waters; 
To ensure that oiily competent, properly trained and duly licensed masters, pilots and 
To enforce minimum manning level and competency requirements of seafarers; 
To undertake the issuance of licenses to qualified seafarers, harbor, bay and river pilots 
To verify compliance with the following ship and crew documentation: 
Certificate of ship registry; 
Pleasure yacht registratiordpermit; 
Certificate of number; 
Certificate of ownership; 
Coastwise license; 
Bay and river license; 
Certificate of iiispection/interim certificate of inspection; 
Special certificate of inspection; 
Permit to operate cargo fishing vessels; 


(10) 
Special permit to navigate; 
(1 1) 
(12) 
(13) 
Memorandum Circular No. 83; 
(14) 
p elin i t ) ; 
(15) 
(16) 
(10 
To verify compliance with requirements of the certificate of public coiivenience (CPC), 
provisional authority (PA), special pennit (SP) or CPC exemption with the terms and coiiditioiis 
thereof specifically: 
(1) 
Route/s aiid schedule of trips prescribed by the Maritime Industry Authority 
(MARINA); 
(2) 
( 3  1 
is clear indication of overloading. 
(1) 
concerned goveiiiment agencies on the master, owner or his agents, of the ship; 
(m) 
(1) 
Certificate of number; 
(2) 
( 3 )  
Special certificate of inspectioii; 
(4) 
( 5 )  
(6) 
regulations; and 
(7) 
Special permit to carrylload inflaminable/dangerous/hazardous cargoes; 
Seafarer’s identification aiid record book (SI-); 
Standard of Training Certificate and Watch Keeping (STCW) endorsement under 
Other seafarer-related documents (e.g. licenses, training certificates, dispensation 
Motor boat operator’s license (MBOL); and 
Special pennit for unlicensed officers (SPUO) 
Validity of passenger iiisuraiice policy for passenger-carrying vessels; and 
Maxiiiium authorized passenger and cargo capacity through head counting in case there 
To serve and enforce the cease and desist orders issued by MARINA and other 
To undertake issuance of the following: 
Certificate of iiispectioii/interiin certificate of inspection; 
Special pennit to iiavigateltowing permit; 
Special peiinit to carry/load inflammable/ dangerous/hazardous cargoes; 
Dispensation pennit as goveiiied by the 1 997 Philippine marine merchant i-ules and 
S p eci a1 permit for uiilic ens ed officers (SPOU); 


(11) 
To issue and serve Inspection Apprehension Report (IAR) to the Master, Owner of his 
agent, of the ship who fails to coinply with Marina and other concerned government agencies’ 
policies, rules and regulations; 
(0) 
rules aiid regulations; 
(P) 
assignment, with their corresponding qualificatioiis iiicluding their specimen signature; 
(9) 
(MARE); 
( 1-1 
adverse weather condition; 
(SI 
To inform the concerned maritime regional director and MARINA central office action 
officer of any control undertaken on the movement of vessels/water crafts during typhoon and 
adverse weather conditions; 
(0 
To submit monthly report to the Secretary of the Department of Transportation aiid 
Communications (DOTC), copy fknislied the MARINA administration on the conduct of the 
functions under this Act, iiicluding the submission of update reports on maritime casualties. 
SEC. 3. 
To clear ships for departure where there is compliance with all maritime safety related 
TO provide the MARINA a list of inspectors and issuing officers, by area of 
To conduct the Emergency Readiness Evaluation (ERE)/Material Readiness Evaluation 
To undei-talte the control of movement of vesseldwater crafts during typhoons and 
Results and findings of all inspections conducted pursuant to Sec. 2 0) and (IC), shall 
be reflected inappropriate fonns drawn for the purpose. 
SEC. 4. 
Revenues derived from the exercise of the foregoing fLmctions 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 aiid 
regulations. 
SEC. 5. 
iiiipleinent ins mandate under this Act. 
SEC. 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 lives or injuries to passengers 
or loss or damage to property in accordance with existing criminal and civil laws. 
The Philippine Coast Guard shall promulgate the necessary rules and regulations to 


9 
SEC. 7. 
Any person or the principal officers and directors of corporations, partnerships or 
other juridical entities, who shall violate any provision of this Act or any rules and regulations 
promulgated pursuant thereto shall upon conviction, be liable to a fine of not less than Five 
hundred thousand pesos (P500,OOO.OO) nor more than One million pesos (P 1 ,OOO,OOO.OO), 
imprisoniiient of not less than six (6) years nor more than ten (10) years and suspension for one 
( 1 ) year of the Master’s license. PruvicZecZ, That, if death to any passenger shall have occurred as 
a result of the violation, the penalty shall be a fine of not less than Five million pesos 
@ 
(P5,000,000.00) nor more than Teii million pesos (PI 0,000,000.00) and imprisonment of not less 
than twelve (12) years nor more than twenty (20) years; and Provided, jiirthev, That, if death 
occurred on board a motorized banca or any similar motorized water craft, the penalty shall be a 
fine of not less than Three hundred thousand pesos (P300,OOO.OO) nor more than Five hundred 
thousand pesos (P500,OOO.OO) and imprisonment of not less than six (6) years nor more than ten 
( 10) years; Provided, jiirtherrnore, That, in all cases, the administrative penalty shall be without 
prejudice to civil and/or criminal liability under existing laws; in the case of the captain of the 
vessel, iiicludiiig motorized banca or any other similar motorized water craft; Provided, finally, 
That, in the case of tlie ineinbers 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. 
SEC. 8. 
Department of Transportation and Communications (DOTC). 
The Philippine Coast Guard is a civilian agency shall, in all aspects, be under the 
SEC. 9. 
by such declaration shall remain in force and effect. 
If any provision of this Act is declared invalid, the provisions thereof not affected 
SEC. 10. 
Any provision of law, decree, executive order, rules or regulation, or any part 
thereof, in conflict with, or contrary to this Act, is hereby repealed or modified accordingly. 
SEC. 11. 
This Act shall take effect after fifteen (15) days following its publication in tlie 
Official Gazette or any newspaper of general circulation. 
Approved,