Bill defining Coast Guard role approved
Friday, September 25, 2009 | MANILA, PHILIPPINES
http://www.bworldonline.com/BW092509/conte...hp?src=3&id=073THE SENATE has approved on Wednesday a measure that seeks to designate the Philippine Coast Guard (PCG) as a civilian agency and could only be deployed as a military unit by a congressional act.
Senator Rodolfo G. Biazon, chairman of the committee on national defense and security and principal author of Senate Bill 3389, yesterday said the bill would "delineate" the PCG’s responsibility, authority and power and provide a clearer mandate.
The bill, which will be approved on third reading on Monday, seeks to repeal Republic Act (RA) 5173 that created the PCG in 1967, said Mr. Biazon.
"The PCG will be under the Department of National Defense in times of war, subject to the approval of Congress," he said in a phone interview yesterday.
Mr. Biazon particularly wanted a clearer authority for the PCG, with several fiats being issued that vested the former Navy unit with several functions such as enforcing maritime regulations and conducting ship inspections, among others.
Congress enacted RA 5173 that established the PCG as a major unit of the Navy with military functions. Presidential Decree 601 issued in 1974 added the task of ensuring environmental protection and assistance to the development of the maritime industry and placed the agency under the Defense department’s supervision.
Executive Order (EO) 475 issued in 1998, however, transferred the PCG to the Office of the President, while EO 477 was issued thereafter that transferred the agency to the Transportation department.
Mr. Biazon said he expects the conference committee to convene next week. The House of Representatives approved the counterpart measure, House Bill 5151, on third and final reading last year.
Admiral Wilfredo D. Tamayo, PCG commandant, welcomed the bill’s approval, and hoped that senators will give a nod on the measure before the PCG’s founding anniversary on Oct. 12.
"It would be the best gift to us," said Mr. Tamayo in a separate interview.
He acknowledged the bill’s intent to "provide a clear authority" and favored the militarization of their personnel during conflict.
"At this time, we can do a lot of humanitarian mission. In times of war, we are also very much willing to help the Armed Forces to protect the nation," said Mr. Tamayo. — B.U. Allauigan
August 10, 2005, Congress website
Joint Committee approves Philippine Coast Guard reorg
Committee Source: GOVERNMENT REORGANIZATION
A bill establishing a separate and distinct identity for the Philippine Coast Guard (PCG) as a maritime agency apart from the Philippine Navy (PN) was recently approved by the Committees on Government Reorganization and on Transportation under Representatives Rodriguez Dadivas (1st District, Capiz) and Monico Puentevella (Bacolod City), respectively.
The bill, which seeks to transfer the PCG to the Department of Transportation and Communications (DOTC) as an attached agency and redefine its organization and personnel administration, is a substitute version of House Bills 203, 566, 2656 and 3593. The original proposals were respectively authored by Reps. Rozzano Rufino Biazon (Muntinlupa City), Roilo Golez (2nd District, Para?aque City), Antonio Floirendo Jr. (2nd District, Davao del Norte) and Abraham Kahlil Mitra (2nd District, Palawan).
During the meeting, Rep. Jose Solis (2nd District, Sorsogon), chair of the Subcommittee on Maritime Affairs of the Committee on Transportation, said the bill would give the PCG the opportunity to modernize itself and focus on its mandate as provided under its charter, Republic Act 5173.
Under the substitute bill, the PCG shall enforce laws and assist in the promulgation and administration of regulations for the promotion of safety of life at sea, marine environment and property within the maritime jurisdiction.
It shall also render aid to distressed persons and vessels and conduct search and rescue missions in case of marine accidents, assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, trafficking of women and children and all other applicable laws within the territorial waters of the Philippines.
Rep. Solis cited the United States, Finland, and Japan as some of the countries that have aligned their Coast Guard under their communication and transportation departments instead of the defense.
The only situation where the PCG will be required to assist the Navy, the lawmaker said, is during wartime.
Meanwhile, Commodore Carlos Agustin of the National Defense College of the Philippines raised anew the issue regarding the ranking of officers in the PCG, which stands to be revised under the bill.
He explained that in times of war, when the military needs the assistance of the PCG, a problem will arise because a junior officer in the military will be giving orders to a senior officer in the PCG.
The same problem was also cited by Deputy Commandant Elpidio Padama of the PCG, who stressed that the officers? ranking should be at level with their counterparts in other countries.
Asked to comment on the issue, Commodore Feliciano Salonga of the PCG Auxiliary opined that the level of importance should determine the rank or the position of an officer.
Rep. Solis assured the naval officers that their suggestions would be considered for inclusion in the implementing rules and regulations of the proposed law.
Agustin also requested the Committee to include in the bill a provision that will grant PCG the authority to use the training facilities of the military.
Agreeing to such request, Rep. Solis added that a technical school similar to the Philippine Military Academy (PMA) should also be established solely for the Coast Guard.
Expressing concern with the enforcement of maritime security, Police Chief Supt. Reynor Gonzales, Director of the Philippine National Police Maritime Group, sought to clarify the functions given to the PCG in this regard.
Rep. Solis replied that such concern would be taken care of under a memorandum of agreement that will be forged between the PCG and the PNP ?so that there would be no overlapping of functions.?
He added that all other agencies that have police powers, such as the Philippine Navy, the Maritime Security Command, the PCG and the Department of Environment and Natural Resources (DENR), should work hand in hand to ensure effective maritime security.l