EXPLANATORY NOTE 
Various factors can provide explanation why accidents at sea are common in the Philippines. 
Apart from storms and typhoons, negligence and unsafe state of passenger vessels play crucial 
role in these accidents. 
According to government records, the country has a maritime safety record with an average of 
more than 200 accidents every year. Sea accidents in the past have been blamed specifically on 
overloaded and poor maintenance of ships or ferries, lack of warning about bad weather and 
ship's crew incompeteme.' 
A government development agency - Japan International Cooperation Agency - made a study in 
2007 which stated that insufficient navigational aids and lack of navigational marks contribute to 
sea accidents in the Philippines. 
In the country, under Republic Act No. 5173, the Philippine Coast Guard (PCG) was created and 
mandated particularly to inspect and approve vessels for operation, and enforce provisions for 
the safety of life and property on vessels. The Domestic Shipping Development Act of 2004 
(R.A. 9295) however, provided for the complete transfer of these functions to Maritime Industry 
Authority (MARINA). 
At present, the MARINA, having the power to inspect vessels and all equipment on board, works 
in cooperation with the PCG to ensure compliance -4th ship safety standards. In 2005, these two 
agencies entered into a memorandum of agreement authorizing the PCG to perform, among 
others, ship safety inspection services in behalf of the MARINA. 
This bill puts the maritime. safety administration in the right perspective by giving the 
responsibility of ship safety inspection to the PCG, with the end in view of preventing the loss of 
thousands of lives and property caused by sea accidents every year, and putting the blaming 
game among government agencies into an end. 
In view of the foregoing, approval of this bill is highly recommended. 
AN+ONIO "SONNY" F. TRILLANES IV 
Senator 
Asia-Pacific Features. Ferry sinking highlightv spotty safety in PhilipYines.Jun 23,2008.Data retrieved at 
httu://~.monstersandcritics.com/aews/asiau~jfic/f~~re~ 
on 5 January 2008 
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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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Second Regular Session 
SENATE 
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Introduced by Senator Antonio “Sonny” F. Trillanes IV 
[ 
AN ACT 
TO RESTORE THE PHILIPPINE COAST GUARD PCG) OF ITS AUTHORITY AND 
RESPONSIBILITY TO PERFORM SHIP SAFETY INSPECTION SERVICES AND 
CARRY OUT OTHER SHIP SAFETY ENFORCEMENT FUNCTIONS, AMENDING 
FOR THIS PURPOSE REPUBLIC ACT NUMBERED 9295, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate und House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Maritime Safe@ Act of 
2009. ” 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to adopt 
measures that ensure safe and convenient sea travel andor transport 
SEC. 3. Objectives ofthe Act. - This Act shall have the following objectives: 
to ensure the safe and responsible operation of vessels within the maritime 
jurisdiction of the country; 
to promote the safety of life and property at sea and to protect all users of the sea 
within the marine jurisdiction of the country; 
to authorize the Philippine Coast Guard to undertake the enforcement activities 
prior to a ship’s departure, and while the ship is under way; and 
to provide for the investigation of marine accidents and for appropriate action 
following any such investigation. 
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SEC. 4. Authority and Responsibility of Performing Ship Safety Inspection Services. - 
The Philippine Coast Guard (PCG) shall be restored of its authority and responsibility to perform 
ship safety inspection services, issuance of Special Permit to carry dangerous cargoes/goods, 
performance of ship safety enforcement functions and marine casualty investigation for 
Philippine-registered ships engaged in domestic operations. 
SEC. 5. Ship Safety Inspection Serviceflunctions. - The PCG, in order to promote 
safety of life and property at sea and to protect all users of the sea within the marine jurisdiction 
of the country, shall have the following ship safety inspection functions: 
a) Comprised by the assessment of Philippine-registered ships engaged in domestic 
trade, inspection services shall be conducted by the PCG prior to the issuance of ship 
safety certificates, in order to determine the compliance of such ships with applicable 
requirements of national laws, rules and regulations and international conventions: 
Provided, That said laws, rules and regulations and international conventions are 
within the jurisdiction of the PCG: Provided, further, That such laws, rules and 
regulations pertain to ship safety standards; 
b) Authorization to perform ship safety inspection services shall be based on ships 
homeported in areas covered by the concerned maritime district or unit office of the 
PCG; 
c) All ship safety certificates shall be issued by the PCG to those ships that have 
undergone inspection; 
d) The PCG shall issue Special Permit to carry dangerous cargoes/goods on board 
Philippine registered ships engaged in domestic trade. 
SEC. 6. Enforcement Functions. The PCG shall have the authority and responsibility in 
the following enforcement activities prior to a ship’s departwe, and while the ship is under way: 
a) Verify the validity of ship and crew documentation prior to ship’s departure; 
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b) Verify compliance with all the terms and conditions of the Certificate of Public 
Convenience (CPC), or CPC Exemption, specifically: 
1) Approved routing patterds; 
2) Validity of passenger insurance policy; and 
3) Maximum authorized passenger capacity through head counting in case 
there is clear indication of overloadinglovercrowding. 
c) Serve copies of issued Cease and Desist Order (CDO) to the Master of the ship and to 
enforce the same; 
d) Undertake mandatory pre-departure inspection in accordance with PCG 
Memorandum Circular Nos. 04-98 and 03-96, and their subsequent amendments; 
e) Issue Maritime Violation Receipt (MVR) to the Master of the ship who fails to 
comply with the provisions of relevant laws, rules and regulations on vessel safety. 
When the violation warrants detention of the ship, the PCG shall request the 
Philippine Ports Authority in writing, together with a copy of the MVR, to deny 
departure clearance of the ship in accordance with Executive Order No. 493; 
f) Receive, accept and forward copy of Master’s Oath of Safety Departure (MOSD) to 
the First Party on a monthly basis. 
SEC. 7. Weather Forecasting Mechanism - All ships shall be required to have their 
own weather forecasting equipment, which shall provide real time weather information and shall 
be independent from that of the PAGASA. Each master of the ship shall conduct proper training 
to the ship’s crew for the operation and utilization of the said equipment. 
SEC. 8. Responsibility for Excess Passengers. - The responsible ship safety inspector, 
who, in performance of his or her duty, allowed a domestic vessel to depart port, shall be held 
accountable for every passenger in excess of the actual physical capacity of the said vessel, and 
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shall be subject to a corresponding penalty as listed in Section 12 of this Act. 
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SEC. 9. Responsibility for Excess Gross Tonnage. - The responsible ship safety 
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inspector shall be held accountable for every gross tonnage in excess of the actual physical 
capacity of every domestic vessel which the said officer, in the performance of hisher duty, 
allowed to depart port. Said erring inspector shall be subject to a corresponding penalty as listed 
in Section 12 of this Act. 
SEC. 10. Administrative Powers in Marine Casualtzes or ~ncidetzts. - The PCG, with its 
function to investigate and inquire into the causes of marine accidents and casualties and marine 
pollution incidents, shall determine appropriate administrative liabilities, fines, and penalties of 
responsible parties. It may promulgate policies, rules and regulations necessary for the conduct 
of the same. It shall be recognized that: 
a) the PCG has the power and authority to hear and adjudicate any complaint made in 
writing involving any violation of RA 9295; 
b) under Republic Act No. 5173, P.D. No. 601 and the 1976 Philippine Merchant 
Marine Rules and Regulations, the PCG has the power and authority to convene the 
Board of Marine Inquiry and Special Boards of Marine Inquiry; 
c) the jurisdiction of the Board of Marine Inquiry is to conduct administrative hearings 
to determine the causes of marine casualties or incidents upon receipt of a marine 
protest and to review on appeal the results and findings of Special Boards of Marine 
Inquiry; 
d) the jurisdiction of the Special Boards of Marine Inquiry is to conduct administrative 
hearings to determine the causes of marine casualties in their geographical areas of 
jurisdiction. 
SEC. 11. Ship Safety Inspection Services. - The designated ship safety inspectors of the 
PCG shall meet the qualification requirements prescribed for ship safety inspectors under the 
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existing ship safety inspection system. Such qualified ship safety inspectors shall be fully 
familiar with the pertinent safety rules and regulations for domestic ships, and undergo 
orientationltraining on ship safety inspection. 
All inspectors of the PCG performing ship safety inspection services at locations outside 
100 kilometer radius from their official stations shall be provided reimbursement of travel 
expenses in accordance with Executive No. 298, subject to the usual accounting and auditing 
rules and regulations. 
In the conduct of ship safety inspection services by the PCG in areas within 100 
kilometer radius from the official stations of their inspectors, a reasonable amount to cover 
gasoline expenses, supported by official receipts shall be allowed for reimbursement, as 
authorized by a valid travel order issued for the purpose. 
SEC. 12. Penaltiesfor Specific Violations. - Loss of lives and properties resulting from 
a ship safety inspector’s violation of this Act shall be punished accordingly. 
a) Simple negligence - shall be punishable by imprisonment of six (6) months to one (1) 
year at the discretion of the court; 
b) Gross dereliction of duty - shall be punishable by imprisonment of one (1) year to 
three (3) years at the discretion of the court; 
c) Abandonment of post - shall be punishable by imprisonment of three (3) years to six 
(6) years at the discretion of the court. 
SEC. 13. General Penal Clause. -Any other violation of this Act by any person shall be 
punished with a fine of not less than one hundred thousand pesos nor more than five hundred 
thousand pesos or by imprisonment of six (6) months to five ( 5 )  years or both at the discretion of 
the court: Provided, That, in case the violation is committed by an association or corporation, the 
penalty herein prescribed shall be imposed on the responsible officers or directors thereoE 
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Provided, further, That, nothing in this Act shall prevent the PCG from providing administrative 
penalties for violation of any regulation that it promulgates. 
SEC. 14. Appropiatlun. - The funds needed for this purpose shall be taken from the 
appropriations of the Depwtment of Transportation and Communication. Thereafter, such 
amount necessary for the implementation of this Act shall be included in the annual General 
Appropriations Act. 
SEC. 15. Separability Clause. - If any provision of this Act shall at any time be found to 
be unconstitutional or invalid, the remainder thereof not affected by such declaration shall 
remain in full force and effect. 
SEC. 16. Repealing Clause. - All laws, decrees, rules or regulations inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly. 
SEC. 17. Effectivity Clause. - This Act shall take effect after fifteen (15) days following 
its complete publication in two (2) newspapers of general circulation. 
Approved, 
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