DOJ clarifies: Coast guard can inspect foreign private yachts

—Philippine Daily Inquirer photo/Noy Morcoso

MANILA, Philippines — Matters regarding maritime security and law enforcement, including the inspection of foreign private yachts, fall under the jurisdiction of the Philippine Coast Guard (PCG), the Department of Justice (DOJ) said on Monday.

Sen. Francis Tolentino earlier sought clarification from the DOJ after the PCG, during the previous Senate inquiry on the 1.4 tons of “shabu” seized in Alitagtag, Batangas, last month and the alleged leaked Philippine Drug Enforcement Agency documents, said it lacked authority to inspect private pleasure yachts.

The police earlier linked the seized drugs to a yacht, which had come from abroad.

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“The PCG said it cannot do much because private pleasure yachts are under the jurisdiction of the Marina (Maritime Industry Authority) based on a memorandum circular. Yet the authority of PCG emanates from Republic Act No. 9993, or the PCG Law. Is the PCG correct in its position? Can a mere memorandum circular supersede a law?” Tolentino asked during Monday’s resumption of hearing.

“It appears that the PCG hesitancy, their ambivalence, is based on a misinterpretation of a Marina circular,” said the senator, one of the vice chairs of the Senate committee on public order and dangerous drugs.

Justice Undersecretary Raul Vasquez replied that the PCG position “was totally without basis” as its mandate was according to a statute with a higher authority level than a memorandum circular.

“In fact, the only level of authority that would be above the statute would be the Constitution,” he said, adding, “Marina, on the other hand, technically speaking, just handles the administration, licensing [and registration].”

No need for new law

“So it’s clear, law enforcement falls within the purview of the Coast Guard. We don’t need a new law to fill up a gap. The PCG had a wrong interpretation,” Tolentino said.

In the previous hearing, the PCG proposed the creation of entry ports for foreign private yachts to prevent the entry of illegal drugs into the country. It said the current policy allowed such boats to proceed directly to resorts and islands in the country without being inspected by the agency.

The PCG added that an entry port was needed so government agencies such as the Coast Guard, Bureau of Customs, Bureau of Immigration, and Bureau of Quarantine could inspect these vessels and conduct boarding formalities.