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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 601
PRESIDENTIAL DECREE NO. 601 -
PROVIDING FOR THE REVISION OF REPUBLIC ACT NUMBERED 5173 COMMONLY KNOWN
AS THE COAST GUARD LAW, CONSOLIDATING FRAGMENTED FUNCTIONS AND FOR
OTHER PURPOSES
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WHEREAS,
there is a need to organizationally modify the Philippine Coast Guard
to enable it to discharge its functions more efficiently and
effectively;chanroblesvirtualawlibrary
WHEREAS, there is a need to consolidate functionally related activities
into an integrated system to best promote safety of life and property
at sea;chanroblesvirtualawlibrary
WHEREAS, it is urgently necessary to maintain the present role of the
Coast Guard as the guardian of sea safety, and afford a total approach
in its supervision over the Philippine merchant ships with the end in
view of promoting a progressive, reliable and safe merchant
marine; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, in order to
effect the desired changes and reforms in the social, economic and
political structure of our society, do hereby decree and order that the
following be adopted and made part of the laws of the land:cralaw:red
Section 1. Title. — This Decree shall be known
as the Revised Coast Guard Law of 1974.
Section 2. Coast Guard Objectives. — The Philippine
Coast Guard created pursuant to Republic Act No. 5173 shall have the
following general objectives:cralaw:red
a) To enforce or assist in the enforcement of all
applicable laws upon the high seas and territorial waters of the
Philippines including all ports, customs zones, waterways and other
inland waters;chanroblesvirtualawlibrary
b) To enforce laws, promulgate and administer
regulations for the promotion of safety of life and property within the
maritime jurisdiction of the Philippines;chanroblesvirtualawlibrary
c) To develop, establish, maintain and operate with
due regard to the requirements of national defenseds to maritime
navigation for the promotion of safety on and over high seas and
territorial waters of the Philippines;chanroblesvirtualawlibrary
d) To promulgate, administer and enforce rules and
regulations, operate rescue facilities and participate in behalf of the
Philippine government in international conferences for regional
cooperation relative to the promotion of safety of life and property at
sea;chanroblesvirtualawlibrary
e) To provide necessary assistance to government
agencies promoting the economic development of the maritime industry in
the Philippines; and
f) To enforce laws, promulgate and administer
regulations for marine environmental protection of the territorial
waters of the Philippines.
Section 3. Abolition of Board of Visitors. — The
Board of Visitors provided under Section 2 of RA 5173 is abolished.
Section 4. Administration and Operation. — The
Philippine Coast Guard shall be placed under the direct supervision and
control of the Secretary of National Defense.
Section 5. Specific Functions. — The Philippine Coast
Guard shall perform the following functions: chanroblesvirtualawlibrary
a) To prevent and suppress illegal entry, illegal
fishing, illegal gathering of corals and other marine products,
smuggling, other customs frauds and violations of other maritime and
fishery laws that may be committed within the waters of the Philippines
and, for this purpose, surveillance and inspection by the Philippine
Coast Guard may be made on vessels entering and/or leaving Philippine
territory; Provided, That any other law enforcement agency may be
called upon by the Philippine Coast Guard to render assistance in the
discharge of this function;chanroblesvirtualawlibrary
b) To approve plans for the construction, repair or
alteration of vessels; approve materials, equipment and appliances of
vessels; approve the classification of vessels; inspect vessels and
their equipment and appliances; register all types of motorized
watercraft plying in Philippine waters; issue certificates of
inspection and/or permits indicating the approval of vessels for
operation; issue certificates of Philippine registry of vessels;
administer load line requirements; promulgate and enforce other
provisions for the safety of life and property of vessels; determine
the numbering of undocumented vessels; Provided, That certification and
approval of any plans, equipment and any vessels by internationally
known classification societies which are recognized by the Philippine
government shall be deemed to have complied with this Section;chanroblesvirtualawlibrary
c) To promulgate and enforce rules for lights,
signals, speed, steering, sailing, passing, anchorage, movement and
towlines of vessels and lights and signals on bridges; supervise,
control and regulate vessels engaged in the carriage of passengers and
dangerous cargo; and, regulate the length, method and speed of tow in
bays and rivers of the Philippines;chanroblesvirtualawlibrary
d) To prescribe and enforce regulations for
outfitting and operation of motorboats and the licensing of motorboats;chanroblesvirtualawlibrary
e) To destroy or tow in port sunken or floating
dangers to navigation, including fish traps at or close to sea lanes,
and 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;chanroblesvirtualawlibrary
f) To establish, develop, operate and maintainds to
navigation and facilities for search and rescue operations as well as
prescribe rules and regulations relative thereto;chanroblesvirtualawlibrary
g) To promulgate, administer and enforce rules and
regulations giving effect to the provisions of international
conventions for the safety of life and property at sea and to represent
the Philippine government in such conventions in the interest of
promoting regional cooperation;chanroblesvirtualawlibrary
h) To supervise nautical schools and maritime
training programs and prescribe minimum requirements in the conduct of
courses in navigation, seamanship, marine engineering and other allied
matters in coordination with the Department of Education and
Culture; chanroblesvirtualawlibrary
i) To establish, maintain and operate a Seaman's
Training Center for the training of seafarers for employment aboard
inter-island and ocean-going vessels, and in this connection, to
establish, maintain and operate a registration and placement unit or
office for the administration or seaman's affairs;chanroblesvirtualawlibrary
j) To enforce laws and promulgate rules and
regulations governing manning of merchant vessels and fishing boats as
well as those governing citizenship and mustering and drilling of crews
requirements, control of logbooks, shipment, discharge, protection, and
welfare of merchant seamen;chanroblesvirtualawlibrary
k) To quality officers, pilots, major and minor
patrons and seamen through proper examinations and issue licenses and
certificates as proof of their qualification, as well as suspend and
revoke such licenses and certificates in accordance with the rules and
regulations prescribed by the Commandant of the Philippine Coast Guard;chanroblesvirtualawlibrary
l) To prescribe rules and regulations for the
training and certification of unlicensed merchant marine personnel and
selected skills in the shipbuilding industry;chanroblesvirtualawlibrary
m) To enforce laws and promulgate rules and
regulations requiring performance of duties of shipowners and officers
after accidents and investigate marine casualties and disasters
including those arising from marine protests relative to the liability
of shipowners and officers;chanroblesvirtualawlibrary
n) To renderd to distressed persons or vessels on the
high seas and on waters subject to the jurisdiction of the Philippines,
and, in this connection, the Philippine Coast Guard may perform any and
all acts necessary to rescue andd persons; furnish clothing, food,
lodging, medicine and other necessary supplies and services to persons
succored; protect, save, and take charge of all property saved from
marine disasters until such property is delivered to persons authorized
to receive it or is otherwise disposed of in accordance with law or
applicable regulations; and, collect and take charge of bodies of those
who may perish in such disasters;chanroblesvirtualawlibrary
o) To regulate regattas and marine parades;chanroblesvirtualawlibrary
p) To enforce laws, promulgate and administer rules
and regulations for the prevention of marine pollution within the
territorial waters of the Philippines in coordination with the National
Pollution Control Commission;chanroblesvirtualawlibrary
q) To perform functions pertaining to maritime
communications in coordination with the Radio Control Office and other
cognizant agencies, particularly the requirements of international
conventions on Safety of Life at Sea (SOLAS) as regards maritime
communications;chanroblesvirtualawlibrary
r) To control, operate and manage all privately owned
ships, barges and other watercraft of Philippine registry relative to
the movement of strategic materials as the national security and
economic interest of the country may warrant or as ordered by the
President of the Philippines or his duly designated representative;chanroblesvirtualawlibrary
s) To enforce laws and prescribe rules and
regulations relative to vessels engaged in the barter trade as provided
in Presidential Decree No. 93;chanroblesvirtualawlibrary
t) To exercise exclusive jurisdiction over seizure
proceedings against vessels apprehended for violations of the Coast
Guard Law, rules and regulations;chanroblesvirtualawlibrary
u) To assist within its capabilities and upon request
of the appropriate authorities, other government agencies in the
performance of their functions, within the waters subject to the
jurisdiction of the Philippines, relating to matters and activities not
specifically mentioned in this section; Provided, That in the exercise
of these functions, personnel of the Philippine Coast Guard shall be
deemed to be acting as agents of the particular department, bureau,
office, agency or instrumentality charged with the enforcement and
administration of the particular law. Members of the Philippine Coast
Guard are peace officers for all purposes of this Decree and shall be,
and shall act, as law enforcement agents of the Bureau of Customs, the
Bureau of Fisheries and Aquatic Resources, the Commission on
Immigration and Deportation, the Bureau of Internal Revenue, the
National Pollution Control Commission, the Radio Control Office and
such other departments, bureaus or offices in the enforcement of
pertinent laws, rules and regulations.
Section 6. Organization. — The Philippine Coast Guard
shall continue to be headed by a Commandant who shall be a Flag
Officer. The Philippine Coast Guard shall be organized into operational
units or subordinate commands for the effective exercise of the
functions and duties vested upon it under this Decree and shall modify
or revise such organization to suit the requirements of its functions.
The Marine Safety Division, including the Naval Architecture and
Engineering Section, the Maritime Safety Inspection Section, the
Registration and Licensing Section, and the functions of the Hulls and
Boilers Division, the Board of Marine Inquiry as then existing in the
Bureau of Customs, and all other agencies or instrumentalities of the
Government, and pertaining any of the functions provided for in
sub-paragraphs (c) to (n). inclusive, of Section 3 of RA 5173, which
were transferred to the Philippine Coast Guard, together with their
personnel, records, files, supplies, equipment, furniture, funds and
other properties, pursuant to the said Act, shall remain so
transferred, including the Lighthouse Service of the Philippine Navy;
Provided, That the Commandant of the Philippine Coast Guard shall have
the power to reorganize these divisions and sections to be responsive
to the needs of the Philippine Coast Guard.
Section 7. Composition of the Board of Marine
Inquiry. — The Board of Marine Inquiry shall be composed of five (5)
members to be appointed by the Secretary of National Defense upon the
recommendation of the Commandant, Philippine Coast Guard. Unless
otherwise directed by the Secretary of National Defense, the Board of
Marine Inquiry shall be constituted as follows: One Coast Guard line of
officer of Captain's rank as Chairman, two Master Mariners, and one
Chief Engineer of the Philippine merchant marine, and one other who
shall be a member of the Philippine Bar. The Commandant, Philippine
Coast Guard shall prescribe the rules of procedure for proceedings
before the Board of Marine Inquiry. The members of the Board shall
receive a per diem of forty pesos for each day of not less than seven
hours of service rendered in connection with marine investigations.
Section 8. Organization of the Philippine Merchant
Marine Academy. — The Philippine Merchant Academy created pursuant to
RA 3680, to include its personnel, funds, records, equipment and other
assets, is hereby placed under the administrative and operational
control of the Philippine Coast Guard. The Academy shall be headed by a
Superintendent who shall be appointed by the Secretary of National
Defense upon the recommendation of the Commandant, Philippine Coast
Guard.
Section 9. Unauthorizedds to Maritime Navigation. —
No person, association or corporation shall establish, erect, or
maintain anyd to maritime navigation without first obtaining
authorization from the Philippine Coast Guard in accordance with
applicable regulations.
Section 10. Interference withds to Navigation. — It
shall be unlawful for any person, association, or corporation, to
remove, change the location of, obstruct, wilfully damage, make fast
to, or interfere with anyd to maritime navigation.
Section 11. Penal Provision. — Any person,
association, or corporation that violates any provision of this Decree,
or the rules and regulations promulgated thereunder, shall, upon
conviction, be punished with a fine of not less than two hundred pesos
nor more than one thousand pesos or by imprisonment of not less than
thirty days nor more than six months, or both; Provided, That, in case
the violation is committed by an association or corporation, the
penalty herein prescribed shall be imposed on the responsible officers
or directors thereof; Provided, finally, That nothing in this Decree
shall prevent the Philippine Coast Guard from providing administrative
penalties for violation of any regulation that it promulgates.
Section 12. Appropriation. — Such sums as may be
needed to carry out the provisions of this Decree which are now
appropriated for the Philippine Coast Guard shall continue to be
carried in the annual General Appropriations Decree and increase
correspondingly until the Coast Guard shall have attained fully its
growth and shall be authorized a separate Project under Program II of
the Program and Budget System of the Armed Forces of the Philippines to
be denominated Coast Guard Operations, with the Commandant, Philippine
Coast Guard as the Project Coordinator/Administrator. Notwithstanding
the amount specifically provided in the appropriations for the
Philippine Coast Guard, any revenue collected and/or donations received
by it shall be automatically appropriated for the Philippine Coast
Guard.
Section 13. All laws, decrees, orders, instructions,
rules and regulations and parts thereof inconsistent with this Decree
are hereby repealed and/or modified accordingly.
Section 14. This Decree shall take effect
immediately.
Done in the City of Manila,
this 9th day of December, in the year of Our Lord, nineteen hundred and
seventy-four.
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