DOJ Opinion No. 015, s. 1983

DOJ OPINION NO. 015 , s. 1983 January 21, 1983 The Chairman Professional Regulation Commission Manila Sir : This has reference to the request of Commodore Brillante Ochoco, Commandant of the Philippine Coast Guard, for opinion on "Whether or not under existing laws the authority to issue licenses and certificates to marine officers, major and minor patrons, and the power to investigate marine accidents and professional conduct of marine officers and suspend and revoke marine certificates are now vested in the Philippine Coast Guard." In the aforesaid letter, Commodore Ochoco brought to our attention the following provision of the new Tariff and Customs Code (P.D. No. 1464) which reads: "Sections 602 (subsections d, e, f), 801 to 831, 901 to 905 to 913, 2507 to 2512, 2529 (except subsection h) and 3301 (except subsection i to s) of Republic Act Numbered Nineteen Hundred and Thirty Seven as amended by Presidential Decree Numbered Thirty Four are hereby deleted and the same, are incorporated in Republic Act Numbered Fifty One Hundred and Seventy Three, as amended, for enforcement by the Philippine Coast Guard". An examination of the sections of R.A. No. 1937 mentioned in the foregoing provision of law which, incidentally, is the second paragraph of the section on Transitory Provisions of the existing Tariff and Customs Code, supra, discloses that certain sections therein, particularly sections 822, 823, 824, 825, 826, 827 and 828, provide for the licensing, investigative, and disciplinary authority of the Bureau of Customs over persons in the marine profession. These sections, under the abovequoted provision of law, have been removed from the Tariff and Customs Code and incorporated in R.A. No. 5173, the charter of the Philippine Coast Guard. Since the quoted paragraph would appear to conflict with the pertinent provisions of P.D. No. 97 investing such licensing and disciplinary authority with the Professional Regulation Commission, we are requesting your comments on this matter in order that we may be guided in the resolution of this legal issue. LexLib Very truly yours, (SGD.) RICARDO C. PUNO Minister of Justice