Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘THIRTEENTH CONGRESS

First Regular Session

House BillNo. 222

Introduced by Hon. Rozzano Rufino B. Biazon

EXPLANATORY NOTE

In recognition for the need for a guardian of sea safety, Republic Act No. 5173
was enacted creating the Philippine Coast Guard (PCG) with the mandate to promote
safety of life and property at sea, protect the marine environment, and enforce all
applicable laws within the high seas and waters subject to the jurisdiction of the Republic
of the Philippines.

The Coast Guard was a made military unit under the Philippine Navy. Cognizant
is intent, the Navy has taken steps to professionalize the Coast Guard in preparation

for its eventual separation while inculcating in it positive military values and discipline.
Through the years, the Navy has nurtured the Coast Guard but its full professional
development still hinges primarily on its transformation into a distinct service under a
civilian department of government. After thirty-one (31) years under the military set-up,
the PCG has developed the expertise, organization and infrastructure, and has been able
to attain the experience and maturity necessary in the performance of its function as an
independent organization to adapt to rapidly changing developments in the maritime
environment,

Pursuant to Executive Order No. 477, the PCG was separated ftom the Navy and
transferred to the Department of Transportation and Communications in. Sections 3 and 4
thereof provides that the AFP law, rules and regulations shall govern matters pertaining

to pay, allowances and other benefits until such time thet the PCG is able to come up with
its own system

Consistent with the compensation policy enunciated under Sections 5 of Article
IX-B of the Constitution, this bill, if enacted into law, would provide additional benefits
to members of the PCG who are not covered under Republic Act No, 9166 (An Act
Promoting the Welfare of the Armed Forces of the Philippines by Increasing the Rate of


Ibaae Pay and Other Benefits of Its Officers and Enlisted Personnel, and For Other
Purposes) in view of their transter as an attached agency/Key Budgetary Item unit of the
Deparunent of Transportation and Communications. The PCG's transfer to the DOTC
enhances the PCG'S unique stars as a uniformed commissioned service operating
oursule the military organization and working under the umbrella of a civilian department
iierchs making it sui generis Le., in a category of its own. Hence, a system peculiar to

the POG is an imps

This Bill seeks 10 guarantee the well being and welfare of both the individual and
the group of which he is part by integrating, increasing and rationalizing the base pay and

other social welfare benefits of the Philippine Coast Guard (PCG) personnel.

in view of the importance of this bill, immediate passage is earnestly sought.

Ri ANO dae B f

Representative
Lone District of Muntinlupa


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
THIRTEENTH CONGRESS
First Regular Session

House Bill No.__ 222

Introduced by Hon. Rozzano Rufino B. Biazon

AN ACT
PROMOTING THE WELFARE OF THE PHILIPPINE COAST GUARD BY
INCREASING, INTEGRATING AND RATIONALIZING THE BASE PAY AND
OTHER BENEFITS OF ITS OFFICERS AND ENLISTED PERSONNEL, AND FOR
OTHER PURPOSES

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

PRELIMINARY TITLE
CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as “The Magna Carta of the
Philippine Coast Guard”,

SECTION 2. Declaration of Policy — It is the policy of the State to insure the well-
being and economic security of the individual and to promote the gratification and welfare of
both the individual and the group of which he is a part, by enhancing professionalism in the
Philippine Coast Guard (PCG).

SECTION 3. Statement of Objectives — It is the objective of this Act to ensure
reforms in the organization of the PCG by bestowing to every personnel the enjoyment


5

o

uisic rights and privileges in his career in the Coast Guard service and upon

retirement thereof.
Thus, the State shall:

a Promote and maintain a rationalized and professionalized Coast Guard
service through a highly standardized recruitment and selection process,

mua

wer and in-service training, moral values formulation with the grant and

prompt utilization of

b.

ancial and equipment resources;

administrative and financial support to every PCG personnel
and or to his family facing any criminai or civil suit arising ftom  service-related“acts
of omissions” and in the course of his duty by according him a considerable support

allowed within the limits set by law;

¢. Promote and develop

rational system of career promotion and
advancement based on merit and a uniform criteria, applicable to every PCG

personnel regardless of mode of entry in the Coast Guard service;

d. Develop every Coast Guard personnel to be highly competent and

professional by institutionalizing the PCG as a strong cohesive and well-balanced

bureau of the government;

€. Assure the rights of every PCG personnel to security of tenure, just and
humane working condition and the exercise or expressions of legitimate
grievances done in good faith without fear of reprisal and retaliation from his
superior officers; and coordinative, cooperative and tunctional working relationship with
the community and other entities/offices whether public or private, in order to

encourage their participation in carrying out the PCG mandates and objectives.

SECTION 4. Statutory Construction of Law in Favor of Coast Guard
Personnel- All doubts in the interpretation of the provisions of this Act shall be

construed in favor of Coas'

1 Guard personnel


w

BFS oc eux aH ew

¢. The right to join a legitimate and recognized organization or institution thet

will truly enhance and promote the exercise of his duties and responsibilities; and

£. The right to undertake activities designed to enhance and develop his well-
being as a person with dignity and as an exemplar to society.

SECTION 7. Duties and Responsibilities. Every member of the PCG shall:

a. Either collectively or individually exert effort to carry out his duties and
responsibilities in the most professional manner and within the bounds of law;

b. Implement the missions set forth by the PCG without fear of physical or legal
reprisal, adverse criticism, expectation of monetary award, promotion in rank, and

receipt of merits and commendations;

c. Remain apolitical and give his loyalty ard cooperation only to the duly

constituted authorities.

d. Develop his potentials by undergoing continuing educational training

relevant to his position in the service and/or occupational skill;

e. Uphold the dignity and prestige of the servic

Promote and maintain the stability of the service by observing the PCG

hierarchy

respecting the rank and position of every member, practicing the written and
unwritten customs and traditions pertaining to the mode of discipline and observing
harmonious and civil working relationship with fellow members of the Coast Guard
service and the other members of the government bureaucracy, as well as the civilian

populace.


te

wee

emcee)
Ree

»
&

8. Exercise his rights, duties and obligations with the knowledge that he shall
be responsible for any breach or violation of the public trust reposed upon him and

the rights of others dealing directly or indirectly with the Coast Guard; and

fh. Observe and respect with fidelity the constitutional and human rights of the
people he ought to protect and serve to the best of his ability.

SECTION 8. Performance and Evaluation A uniform and equitable
performance and evaluation system for all uniformed PCG personnel shall be
established and administered by the PCG. Such system shall be administered with the
aim of inculcating professionalism, efficiency and discipline to every member of the
Coast Guard service, The accomplishment of tasks and mission shall always be
subordinated to the constitutional and human rights of an individual.

SECTION 9. Appointment of PCG Officers. - All appointments of PCG
officers, except those on the Technical Service, shall be to the lowest rank of Coast
Guard Ensign, who must be a baccalaureate degree holder. The President shall
approve such initial appointments from alist. submitted bythe
Commandant, PCG upon the recommendation of the PCG Recruitment and
Selection Board for Officers. (The list shall contain the names of those who meet

the admissions criteria set by the Board.)

SECTION 10. Appointment of PCG Enlisted and Non-uniformed
Personnel.- Upon the approval of the DOTC Secretary, the Commandant, PCG. shall
appoint all PCG enlisted personnel in accordance with rules and regulations
to be promulgated by the PCG Recruitment and Selection Board for Enlisted
Personnel: Provided that, he must be a holder of Baccalaureate Degree or its
equivalent in a course related to Coast Guard functions. The Commandant,
PCG, on the other hand, shall appoint non-uniformed employees in accordance with
Civil Service Rules and Regulations,

SECTION 11. Promotion of PCG Officers The Commandant, PCG shall
recommend to the President, through the DOTC Secretary the promotion


ECTION 13. Duty Hours.- PCG personnel shall be on call 24 hours a day but
is required to render minimum service of 8 hours a day except on scheduled duty or

during red alert or national emergencies;

SECTION 14. Salary Scate- The PCG shall have a salary scale separate and
distinet from other agencies of the government to attract the best and the competent

in the Coast Guard service, The salary scale shall be reviewed every 3 years or

depending on economic fluctuations necessitating progressive adjustments thereof.

SECTION 15. Criteria for Salaries.

PCG personnel’s salaries shall

correspond to the following eriteria:

a Salary shall automatically increase with those in the service of the

government or those paid in other occupations or profession requiring equivalent or

similar qualitieations, taining and abilities regardless of position or rank;

b. Salary shall ensure that the lowest rank and position receives an amount which

will enable him and his family to afford a reasonable and decent standard of living; and

¢. Basic monthly salary shall exclude the subsistence allowance, cost of living

allowane

quarters allowance, clothing allowance, hazard pay, amelioration pay, health

care pay and all other allowances as may be provided under existing laws.

SECTION 16. Cost of Living Allowance PCG personnel’s

aries shall keep

pace with the rise in the cost of living which shall automatically follow changes in

cost-of-living index as determined by competent government agencies.

SECTION 17. Peculiar Allowances -\n areas wherein PCG personnel are

exposed to hardship or other hazards usual to the performance of its mandated

fimetions and established to be peculiar to any given area or place of assignment,
as determined by the PCG, he shall be compensated with sea duty, flying pay,

instructor's duty pay. hazardous pay and/or special hardship allowance


ed as compensable occupational diseases, in accordance with existing

laws.

SECTION 24. Permanent Physical Disability. A uniformed member who
incurs @ total permanent disability in line of duty and har rendered a total of twenty (20)
years of continuous active duty in the Coast Guard service shall be compulsorily
retired: Provided. that upon his compulsory retirement, he shall be entitled to a

retirement pay pursuant to Section 29 of this Act.

SECTION 25. Disability Benefits Any member and his dependents shall be
entitled to all benetits relative to the member’s permanent incapacity, as may be Provided

tor under this Act or other existing laws.

SECTION 26. Leaves. In addition to leave privileges enjoyed under existing

Jaws. PCG personnel shall also be entitled to the following:

a. Study leave. with pay not exceeding two (2) years Provided, That no grantee
shall be allowed to accumulate more than two (2) years of study leave except when he
needs an extra semester to complete and defend his thesis for a graduate study in

ad rel

evant to his being a member of the Coast Guard service.

b. An indefinite leave of sick absence which shal! be granted to an ailing member

whose medical treatment requires more than one (1) year of continued treatment.

Leave with pay shall be chargeable against his leave credits. Leave
without pay shall not be granted whenever the personnel has leave with pay to his

eredit.

Leaves shall be cumulative and any part thereof which may not be taken within

the calendar year in which earned ma

be carried over the succeeding years. Whenever a
uniformed personnel retires, voluntarily resigns or is allowed to resign or is separated

{ium the service through no fault of his own, he shall be entitled to the commutation of

i the accumulated leaves to his credit.



CHAPTER IV,
SEPARATION, RETIREMENT AND DEATH BENEFITS:

SECTION 27. Separation Benefits PCG personnel who has served
vuutinuously for at least tive (5) years and who is separated through no fault of his own
or sokinratily resigns shall be entitled to a separation pay equivalent to one (1) month

sulary for every year af service

in addition to the commuration of all the accumulated

leases to his credit.

SECTION 28. Retirement in the Next Higher Rank.- Uniformed members, for
the purpose of retirement pay, shall be retired one (1) rank higher than the last

permanent rank held

SECTION 29, Retirement Benefits. Moathly retirement pay shall be sixty five
percent (65%) of the base pay and longevity pay pursuant to Section 26 in case the
tetuice has rendered at least twenty (20) years of continuous active Coast Guard
servive. inereasing by nwo and one-half’ percent (2 % %) for every year of actual

Coast Guard service pay rendered beyond the initial awenty (20) of ninety percent

Mob For thin

six (36) years of active Coast Guard service and over: Provided, That
the retizee shall have the option to receive in advance a tump sum of his retirement
cuuisalent to the first five (5) years of his retirement pay as it accrues: Provided, further,

yment of the Jump sum shall be made within six (6) months trom the
etivetivity date of his retirement; Provided, finally, that the retirement pay of all
unitusined members shall be subject to adjustment to the prevailing scale of base pay of

members still in the active service.

SECTION 30. Death Benefits- A uniformed member's heirs and

dependents shall pe entitled to all benefits relative to the member's death, as

provided! in this Avt and other existing laws,

SECTION 31, Additional Welfare Benefits. Subject to the provision of

eviting lays. and other rules and regulations, the Commandant, PCG may



formule

and implement welfare schemes thet are deemed beneficial to all
members of the PCG.

CHAPTER V
AMENDATORY AND FINAL PROVISIONS
SECTION 32. Implementation.- The imptementation of this Act shall be

undertaken in staggered phases, but not to exceed two (2) years, taking into

considers

jon the financial position of the national government: Provided, That any

partial implementation shall be uniform and proportionate for all ranks.

SECTION 33. implementing Rules and Regulations. The PCG shall
formulate and prepare the rules and regulations necessary to implement the
provisions of this Act, All rules and regulations so formulated shall be liberally
construed in favor of the PCG personnel so as to give him the greatest degree of

benefits that can be derived from this Act. Implementing niles and regulations of

this Act shall take effect fifteen (15) days after its publication in the University of the

Philippines Law Center,

SECTION 34, Budgetary Estimates The Commandant, PCG shall submit to

through the Secretary of Transportation and Communications, the annual

‘ary estimates to implement the provisions of this Act shall be included in
the General Appropriations Act. In no case shall the budget implementing this

\et alloted for a given fiscal year be less than that of the previous fiscal year,

SECTION 35. Separability Clause If any Section or any part of
this Act is declared unconstitutional by competent authority, the remaining Sections
or parts of this Act which are not affected thereby shall continue to be in full force and

leet


ao wu

SECTION 36. Repealing Clause.- All laws, presidential decrees, executive

orders, letters of instructions, and rules and regulatio:

that are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly

SECTION 37. Effectivit

This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in any newspaper of general circulation.

Approved,