Philippine Coast Guard (Pcg) Academy

Sentatr Difier of the secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES FEB 10 First Regular Session P4:36 SE 1831 S.B. No. RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT TO ESTABLISH THE PHILIPPINE COAST GUARD ACADEMY, ALLOCATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 5, Article II of the 1987 Philippine Constitution provides that the

maintenance of peace and order, the protection of life, liberty, and property, and the promotion of general welfare are essential in order for the people of the Philippines to enjoy the blessings of democracy. In line with this, the Philippine Coast Guard, as one of the armed and uniformed services of the country, is duly authorized under Section 3 of Republic Act No. 9993 to perform these mandates through the enforcement of all relevant international laws, rules and regulations, as well as, all national laws within the maritime jurisdiction of the Philippines. As a maritime nation, the Philippines is heavily dependent on maritime trade for its socio-economic development. The significant role of the maritime trade is even more accentuated considering the government's objective of achieving national unity through connecting cultural values and social norms across the social strata of the country. In order to achieve this, there is, therefore, a need to ensure that the vital maritime routes all over the Philippines must remain free and open by ensuring that no threats of whatever nature will happen. Such is the state of Maritime Security wherein the country's marine resources and wealth, maritime trade and commerce, territorial integrity and coastal peace and order are protected, conserved and enhanced towards the attainment of sustainable development and socio-political cum economic progress of the nation. To effectively uphold maritime security, the Philippine Coast Guard must not only continuously enhance its assets and operational capabilities to respond to maritime threats, but also ensure that its primary asset—its manpower-is adequately trained

and equipped. Coast Guard personnel must possess not only the skills necessary to operate maritime assets, but also the technical, operational, and legal knowledge required for Maritime Law Enforcement. This ensures that all PCG operations are conducted strictly within the bounds of the law, as prescribed by existing statutes and international obligations. However, existing educational and training institutions, for various reasons, do not fully inculcate the ethos and specialized competencies of Maritime Law Enforcement and Administration among their graduates. As a result, the Philippine Coast Guard is compelled to invest additional time and resources to provide newly commissioned officers with the necessary technical expertise and professional orientation required to effectively perform their duties. Considering the diverse mandates of the Philippine Coast Guard under Republic Act No. 9993 and with the peculiarities of its being the premier maritime law enforcement agency in the country, it is imperative that there must be a dedicated educational institution that would specifically cater to the needs of the Philippine Coast Guard and maritime law enforcement, in general. In order for the proposed Philippine Coast Guard Academy to be effective, the Academy should be established in an area of at least twenty (20) hectares, and adjacent or in close proximity to the sea and a dock, as well as medical facilities. The facilities of the Academy should be at par with world-class institutions of the same field. The faculty should embody the needed expertise in the field of maritime education. The creation of the Philippine Coast Guard Academy will address these institutional gaps and ensure the continuous development of a well-trained, disciplined, and professionally competent corps of officers. These officers will be specifically honed to carry out the Maritime Law Enforcement and Administration functions of the Philippine Coast Guard, thereby strengthening maritime security and contributing to national development. Free in. marca IMEE R. MARCOS

Senate Office of the Secretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session FEB 10 P4:36 SENATE S.B. No. 1831 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS AN ACT TO ESTABLISH THE PHILIPPINE COAST GUARD ACADEMY, ALLOCATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Philippine Coast Guard

(PCG) Academy Act"

SEC. 2. Declaration of Policy. - It is hereby declared a policy of the State to

promote the welfare and modernization of the PCG, geared towards the enhancement of the Service, by ensuring adequate and professional Officers that will perform the multifarious tasks and functions of the PCG. The State shall create the appropriate institutional arrangement in order to establish an effective and well-trained PCG Officers Corps, comparable with the Philippine Military Academy and the Philippine National Police Academy, sufficient to carry out the mandated tasks of the PCG under Republic Act No. 9993, otherwise known as the PCG Law of 2009, and its Implementing Rules and Regulations (IRR), and to competently carry out missions given by the Department of Transportation (DOTr) or the Department of National Defense (DND) during national emergencies or in times of war, respectively.

SEC. 3. The PCG Academy. - There shall be established a PCG training

school, to be named as the PCG Academy for the training of selected candidates for permanent commission as officers in the PCG Corps of Officers, in an area with the following minimum requirements:

(a) an area with at least twenty (20) hectares of land; (b) adjacent or in close proximity to a ship dock; and (c) adjacent or in close proximity to a hospital. The PCG academy shall be an independent and distinct unit of the PCG, however, it shall follow and adopt the doctrines and principles on the customs and tradition developed by the Coast Guard Education and Training Command for the Coast Guard Service.

SEC. 4. Facilities. - The arms, ammunition, and all training equipment needed

by the cadets for their practical instruction shall be furnished by the Commandant of the PCG, by order of the President of the Philippines.

SEC. 5. The Superintendent. - The PCG Academy shall be headed by the

Superintendent, who shall be appointed by the Commandant of the PCG from among the active PCG Officers. The powers and duties of the Superintendent, in addition to those specifically provided for in this Act, shall be those usually pertaining to the office of the president of a college or a university. The position of the Superintendent shall carry the rank of Vice-Admiral in the PCG Table of Organization; Provided, that, the Superintendent shall have a maximum tenure in position for three (3) years.

SEC. 6. The PCG Academy Board. - The government of the Academy is hereby

vested in the PCG Academy Board, hereinafter called "Board," which shall be composed of the following: (a) The Deputy Commandant for Administration, which shall be the Chairman of the Board (b) the Superintendent, which shall be the Vice - Chairman of the Board; (c) the Deputy Commander of the Coast Guard Education and Training Command; (d) Deputy Commander of the Coast Guard Maritime Safety Services Command;

(e) Deputy Commander of the Coast Guard Marine Environmental Protection Command; (f) Deputy Commander of the Coast Guard Maritime Security Command; (g) Dean of the PCG Corps of Professors; and (h) Dean of Civilian Faculty. Members of the Board shall, in addition to their pay, allowances, and collateral entitlement under Republic Act No. 9993 and its IRR, receive a reasonable per diem for each attendance in the regular and special meetings of the Board and reimbursement of actual and necessary expenses incurred for the aforementioned purposes, as may be authorized by a resolution of the Board in accordance with existing accounting rules and regulations.

SEC. 7. Duties and Powers of the PCG Academy Board. - The Board shall have

the following duties and powers in addition to its general powers of administration: (a) To confer such degree as ay be determined by the Academic Council to successful candidates for graduation; (b) To appoint, upon the recommendation of the Superintendent, civilian instructors, professors and other employees of the Academy; (c) To fix the compensation, hours of service, and other duties of the Superintendent, civilian instructors, professors and other employees of the Academy, as may be deemed proper under the Civil Service laws; (d) To grant leaves of absence to the Superintendent, civilian instructors, professors and other employees of the Academy under existing laws and regulations; (e) To recommend to the Commandant for the removal of the Superintendent with collateral recommendation that such officer be made to face the Efficiency and Separation Board of the PCG to verify fitness to remain in the service; (f) To approve the curricula, rules of discipline, and creation of the different departments drawn up by the Academic Council as herein under provided; (g) To provide academic fellowship and scholarship for members of the Corps of Professors and Faculty Members; (h) To provide rules for the administration of the Academy such general ordinances and regulations consistent with the herein provisions; (i) To receive in trust legacies, gifts, and donations of real and personal property of all kinds and to administer the same for the benefit of the

Academy or for the aid of the cadets, in accordance with the directions and instructions of the donor, and, in default thereof, in such manner as the Academy Board may, in its discretion, determine; (i) To receive and appropriate such sums as may be provided by law for the support of the Academy; (k) To manage and utilize such income as maybe generated by the Academy for the maintenance, support, and improvement of the same; and (I) To authorize the Superintendent to enter into Contract, Memorandum of Understanding, Memorandum of Agreement, and such other instrument, to the extent as may be allowed by law, relative to the performance of his/her powers and functions and for the effective implementation of the herein provisions.

SEC. 8. Progress Report. - Within thirty (30) days after the close of the Academic

Year, the Board shall file with the Commandant of the PCG a detailed report setting forth the progress, condition, and needs of the Academy.

SEC. 9. The Academic Council. - There shall be an Academic Council consisting

of the Superintendent and the Directors of all the departments of the Academy. The Academic Council shall have the following powers: (a) to determine the applicable tuition fees and academic charges; (b) to prescribe the curricula; (c) to prescribe rules of discipline; and (d) to create various departments as it may be necessary, subject to the approval of the PCG Academy Board. The Academic Council shall fix the requirements for admission to the Academy as well as for graduation and the conferment of a degree. The Academic Council alone shall have the power to recommend students or others to be recipients of degrees.

SEC. 10. Corps of Professors. - There shall be a Corps of Professors which shall

form part of the Faculty of the Academy. The Corps of Professors shall be composed of PCG Uniformed Personnel permanently assigned with the Academy. The qualifications for admission to the Corps of Professors shall be determined by the PCG Academy Council. The same shall be headed by a Dean who shall be

selected by the PCG Academic Council from among the members of the Corps of Professors. A separate career pattern shall be promulgated by the PCG Organization for the professional advancement and promotion of the members of the Corps of Professor within three (3) months from the effectively of this Law.

SEC. 11. The Faculty. - The body of Civilian Professors and Instructors of the

9 Academy shall constitute the faculty of the Academy. The faculty shall be headed by a Dean, who shall be appointed by the Superintendent upon recommendation by the members of the Faculty. In the appointment of Professors and Instructors of the Academy, neither religious test shall be applied nor shall the religious opinions or affiliations of the faculty of the Academy be made a matter of examination or inquiry. Provided, that no Professor or Instructor in the Academy shall inculcate sectarian tenets in any of their teachings or attempt either directly or indirectly, under penalty of dismissal by the PCG Academy Board, to influence students of the Academy for or against any particular church or religious sect.

SEC. 12. Relevant Civil Service a n d Licensure Examinations. - The Civilian

Professors and Instructors in the Academy must have passed the relevant civil service or licensure examinations as a requisite to their appointment. The PCG Academic Council may require from both the members of the Corps of Professors and Faculty additional educational training, schooling, and Masteral and/or Doctoral degrees to raise the academic standards of the Academy. The same will be adopted in the career pattern of the members of the Corps of Professors. Similarly, it may also be used as basis for the promotion and career advancement of the members of the Faculty.

SEC. 13. The Registrar. - There shall be a Registrar of the Academy, which shall

be appointed by the PCG Academy Board. Fie or she shall sit as the Secretariat of the PCG Academy Board and shall be the custodian of all the records of the same. He or she shall also fulfill such other duties and responsibilities, as may be deemed proper by the Superintendent.

SEC. 14. PCG Cadets. - PCG cadets shall be admitted to the PCG Academy upon

the approval of the Commandant of the PCG; Provided, that they meet the qualifications and entry requirements prescribed in this Act. The PCG cadets' years of Government Sen/ice shall start on the date of admission in the PCG Academy for purposes of computation of PCG Active Service and entitlement to long pay benefits.

SEC. 15. Exchange Program. - The Academy may admit students from the

counterparts of the PCG from foreign coast guards, naval and/or maritime police organizations, especially those from members of the Association of South East Asian Nations (ASEAN), as cadets/cadettes, in order to foster regional cooperation and facilitate the coordination among the aforementioned organizations. Similarly, the Academy may send cadets to the appropriate Academy of the aforementioned organizations. Students from the foreign coast guards, naval and/or maritime police organizations, which provide scholarship and sponsorship from their own academy to cadets sent by the Academy, shall also receive corresponding privileges from the Academy. Otherwise, they shall be required to pay such fees and charges as may be determined by the Academic Council, Upon graduation, they shall then return to their respective Organizations.

SEC. 16. The PCG Academy Cadet Corps. - The PCG Academy cadet corps shall

be the student body of the PCG Academy. The cadet corps shall be composed of PCG cadets and foreign cadets; Provided, that the foreign cadets shall not exceed ten percent (10%) of the total student population of the Academy.

SEC. 17. Qualifications and Entry Requirements. - All Cadets shall be selected

from among the candidates by the Academic Council. The minimum qualifications for admission into the PG Academy are as follows: (a) natural born Filipino citizen (applicable only to candidates for PCG Cadets); (b) single with no parental obligations; (c) in good physical condition; (d) seventeen (17) to twenty-two (22) years of age, on the first of day of the

Academic Year; and (e) at least secondary level graduate (High School or its Equivalent). The Academic Council may determine such other requirements for admission to the PCG Academy, as may be necessary, that are applicable either separately for the PCG Cadets, Foreign Cadets only or common to all of them.

SEC. 18. Discipline and Justice System. - Within three (3) months from the

effectivity of this Law, the PCG Academy Board will prepare the discipline and justice system applicable to all cadets of the Academy for approval of the Commandant of the PCG.

SEC. 19. Commissionship to the active PG Service. - Upon satisfactory

completion of the course of instruction at the PCG Academy, PCG cadets shall be commissioned as Ensigns in the active PG Service with relative seniority in the order of their final general academic standings. PCG Cadets who shall suffer, before graduation, permanent and total disability by reason of injury or sickness while in the Academy shall be retired with the rank of cadet and shall be entitled to the retirement benefits of an Ensign in the PCG.

SEC. 20. Conferment of the Degree. - Graduates of the PCG Academy shall be

conferred upon graduation of a Bachelor of Science (BS) Degree. The PCG Academic Council shall develop such curricula that will cater to the primary functions of the PCG under Republic Act No. 9993 and its IRR and responsive to the needs of the maritime stakeholders and the maritime interest of the Country, for approval of the PCG Academy Board.

SEC. 21. Commissionship to the Armed Forces of the Philippines. - Graduates of

the PCG Academy, subject to the rules to be issued by the Armed Forces of the Philippines (AFP), shall be given the option to be a commissioned officer of the Philippine Navy.

SEC. 22. Pay, Allowances, and Collateral Entitlements. - Members of the PCG

Corps of Professors and other PCG Uniformed Personnel assigned at the PCG Academy shall receive such pay, allowances, and collateral entitlements corresponding to their ranks as provided under Republic Act No. 9993 and its IRR.

Members of the Faculty and other civilian personnel appointed as such in the PCG Academy shall receive the pay, allowances, and collateral entitlements enjoyed by their counterparts in the Philippine National Police Academy or Philippine Military Academy, whichever is higher, subject to applicable rules and regulations. PCG Cadets shall receive pay and allowances as provided under Republic Act No, 9993 and Its IRR reckoned from admission in the Academy,

SEC. 23. Implementing Rules and Regulations. - Within three (3) months from

the effectively of this Law, the PCG shall formulate the necessary Implementing Rules and Regulations to prescribe the procedures and guidelines for the implementation of the same for the approval of the Secretary, Department of Transportation. Similarly, the Table of Organization and Equipment, including the Plantilla Positions of members of the Faculty and other civilian personnel, of the Academy will be established by the PCG Academy Board for approval by the Secretary, Department of Transportation.

SEC. 24. Appropriations. - For the purposes of this Act, the sum of One Billion

Five Hundred Million Pesos (Php 2,360,000,000.00) shall be appropriated for the purpose of the establishment of the PCG Academy. The appropriation shall be treated as a separate and distinct budget item from the regular appropriations of the PCG. The appropriation shall be implemented in a staggered basis, Five Hundred Million Pesos (Php500,000,000.00) shall be released by the Department of Budget and Management (DBM) annually for three (3) years. Eight Hundred Million Pesos (Php 800,000,000.00) shall be appropriated for the purpose of acquiring a modern training ship for the PCG Academy to supplement classroom instructions. Sixty Million Pesos (Php 60,000,000.00) shall be included in the yearly General Appropriations Acts for the maintenance and operation of the PCG Academy.

SEC. 25. Separability Clause. - If any of the provisions of this Act is declared

invalid, the other provisions not affected thereby shall remain in full force and effect.

SEC. 26. Repealing Clause. - All laws, executive orders, rules and regulations

inconsistent with or contrary with the provisions of this Act are hereby repealed or amended accordingly.

SEC. 27. Effectivity Clause. - This Act shall take effect fifteen (15) days following

its publication in a newspaper of general circulation or in the Official Gazette, whichever comes first. Approved,