DOJ Opinion No. 058, s. 1983

DOJ OPINION NO. 058 , s. 1983 April 8, 1983 Commodore Brillante C. Ochoco Philippine Coast Guard 25th Street, Port Area Manila Sir : This has reference to your request 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'' (PCG). You state that the licensing and disciplinary powers over marine officers were previously vested in the Bureau of Customs pursuant to pertinent sections of the old Tariff and Customs Code (R.A. No. 1937); that said powers were subsequently transferred to the PCG upon the creation of said agency in 1967, pursuant to the provisions of RA No. 5173; that when P.D. No. 97 was promulgated, however, these regulatory powers were conferred upon the Professional Regulation Commission (PRC); and that, finally, the new Tariff and Customs Code (P.D. No. 1464) was enacted, which Code contains the following provisions: "Section 602 (subsections [d], [e], [f], 801 to 831 , 901 to 905, 910 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." (Emphasis ours). An examination of R.A. No. 1937 discloses that certain sections therein, particularly Section 822 to 828 inclusive, pertain to the licensing, investigating and disciplining authority of the Bureau of Customs over persons in the marine profession. Under the above-quoted section of the Revised Tariff and Customs Code, these sections were among those purportedly deleted and incorporated in Republic Act No. 5173 for enforcement by the Philippine Coast Guard. prcd As pointed out by the Professional Regulation Commission, however, the functions therein enumerated could not have been transferred from the Bureau of Customs to the Philippine Coast Guard, because P.D. No. 97 had already vested such functions in the Professional Regulation Commission in 1973. It is further pointed out that two legislative acts passed subsequent to P.D. 1464 (The Tariff and Customs Code of 1978), amended portions of P.D. no. 97 pertaining to the qualifications for Third Mate examination, and the Classification of licenses for dock officers (P.D. No. 1560 and B.P. Blg. 9), indicating the absence of legislative intent to repeal P.D. No. 97. It is claimed that there was therefore an oversight on the part of the codifiers when Section 3702, 2nd paragraph, was inserted in P.D. 1464. On the other hand, you invite our attention to P.D. No. 601 otherwise known as the Revised Coast Guard Law of 1974, which vests in the Philippine Coast Guard the following specific functions, among others: "Section 5. Specific functions . The Philippine Coast Guard shall perform the following functions: xxx xxx xxx (k) To qualify 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. (1) To prescribe rules and regulations for the training and certifications of unlicensed merchant marine personnel and selected skills in the shipbuilding industry; prcd (m) To enforce laws and promulgate rules and regulations requiring performance of duties of shipowners and officers after accidents and investigate marine casualties and disaster including those arising from marine protests relatives to the liability of shipowners and officers; xxx xxx xxx There would therefore appear to be a later expression of the legislative will to restore to the PCG its former licensing and disciplining authority over marine officers, However, the fact that he Professional Regulation Commission has been exercising to date the authority in question, would indicate that the above-quoted section of P.D. No. 601 has not been implemented. Parenthetically, it is likewise noted that P.D. No. 1464, which is supposed to be the latest law on the matter, makes reference to R.A. No. 5173, and not P.D. No. 601, as the charter of the PCG. We are also informed that there is pending adoption in the Batasang Pambansa a parliamentary bill entitled "An Act Instituting a Professional Regulatory Code for the Practice of the Different Professions in the Philippines" (P.B. No. 422) Title XIX of which reaffirms the licensing authority of the PRC over marine officers. prcd Perhaps this bill could be the vehicle to settle once and for all the vacillating legislative policy regarding the licensing of marine officers. Accordingly, it is believed that we would be ill-advised to rule on the matter, until the legislative mandate is finally clarified. It is suggested that in the meantime, actual implementation of P.D. No. 601 should not be pursued presently to prevent further confusion until the controversy is settled. Very truly yours, (SGD.) RICARDO C. PUNO Minister of Justice