Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

RECEIVED 2

pare 20 UN 205 6)

TWENTIETH CONGRESS
First Regular Session

House Bill No._ 525.

Introduced by Representative Reynante U. Arrogancia

EXPLANATORY NOTE

The Philippines is an archipelagic country with water as part of its everyday life, hence the
safety of passengers in ships is of paramount importance. It is projected that in 2025 the
passenger volume in our ports will be more than 85.4 million. In December 2024 alone, there
was a reported record of 4.7 million passengers during the holidays. With the increase in sea
travel for leisure, education and employment, the safety of our domestic passengers and crew
‘must be enhanced through comprehensive regulations on sea travel.

This bill seeks to enhance and ensure the safety and quality of passenger-transport services thru
effective supervision and regulation of operations of all water transport utilities in the country.
It also provides for the criminal liability of shipowners and crew members for malicious or
culpable negligence in the course of the performance of their contracts of carriage under this
proposed Act.

II has been filed in previous Congresses, but it is hoped that in the 20th Congress. this
bill will become a law. In view of the foregoing, this representatiot oval of this bill.

|. ARROGANCIA



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 525

Introduced by Representative Reynante U. Arrogancia

AN ACT
MANDATING SHIPOWNERS, SHIP CREW, AND CONCERNED GOVERNMENT
AGENCIES TO PROVIDE FOR AND ENSURE THE SAFETY OF PASSENGERS
AT SEA, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, 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 “Maritime Passenger Safety
Act.”

SEC. 2. Declaration of Policy. — \t is hereby declared the policy of the State to:

a) Enhance and ensure the safety and quality of passenger-transport services in the
country through the provision on board the ship of adequate safety equipment, strict
observance by ship owners, ship crew, and passengers of minimum safety measures
and standards, and the provision of qualified and competent crew personnel to man
and operate the vessels;

b) Provide for the effective supervision and regulation of operations of all water
transport utilities in the country, particularly those engaged in the commercial
carriage of passengers by sea, through the rationalization of functions and
responsibilities of various government agencies involved in the enforcement of
maritime safety laws; and

©) Provide the basis for the criminal liability of shipowners and crew members of ships
for any injuries suffered by, or loss of lives of their passengers resulting from their
malicious or culpable negligence in the course of performance of their contracts of
carriage with such passengers.

SEC. 3. Scope. - The provision of this Act shall apply to:


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a) All vessels engaged in the carriage of passengers and goods for hire regardless of
tonnage, including such vessels of foreign registry temporarily used in Philippine
waters; and

b) All types of vessels required to be registered in the Philippines under existing laws.

Warships, naval vessels, non-motorized bancas, sailboats, and other watercrafts of less
then three (3) gross registered tonnage (GRT) shall not be covered by this Act.

SEC. 4. Mandatory Minimum Safety Standards and Measures. ~ All vessels covered by
the provisions of this Act shall strictly observe the following:

a. The showing of a film, at least of ten (10) minutes length and dubbed in the local
dialects of the points of origin and destination of the vessel, pertaining to the ship's
safety, health and sanitation in such places in the vessel, and in such times that will
ensure that most if not all passengers on board have effectively seen and heard the
same;

b. All watertight doors, potholes, ramps and manholes shall be securely locked and
checked prior to leaving port and must be regularly inspected during the voyage;

c. During any emergency, the posting of crew members and other personnel of the
vessel on strategic areas or points in the vessel as may be indicated in its general
emergency plan for the purpose of assisting the passengers to, or prioritizing and
ensuring their safety;

4. The clearing, at all times, of all passageways of any obstruction. Safe and
convenient storage for passengers’ hand carried luggage must be provided; and

¢. The wearing of the prescribed uniform and identification cards by the ship's officers
and crew, including security personnel, while they are on duty.

SEC. 5. Provision of Standard Safety Equipment. - All vessels covered by the provisions
of this Act shall at all times be provided with:

a. Life vests or life jackets on board the vessel in the quantity of twenty (20) units or
pieces more than the passenger load capacity of such vessel as determined and
authorized by the MARINA imprinted with the vessel’s name, conspicuously stored
in any locker and must be readily accessible for use in any case of emergency;

b. Lifeboats or rubber boats on board the vessel in the quantity of two (2) units more
than what is sufficient to accommodate the passenger load capacity of such vessel,
including the crew members of the vessel, imprinted with the vessel’s name
conspicuously located in strategic points or areas of the vessel, and must be readily
accessible for use in any case of emergency;

€. At least two (2) accessible emergency exits or escape openings in all general areas,
and the location of such shall be indicated by luminous signs visible in all passenger
areas showing the proper direction thereto;


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d. Independent red blinking lights as a part of, and indicating each emergency exit or
escape opening for the purpose of assisting the passengers in identifying such exits
in cases of emergency;

e. Emergency lights, in good working condition, in all passenger accommodations,
passageways and stairways that shall automatically switch on in any case of power
failure in the vessel; and

f Sketches of the vessel indicating the locations of lifejackets and lifeboats,
firefighting equipment, emergency exits, and the major sections of the vessel,
passageways and stairways, including the vessel’s general emergency plan, must be
conspicuously displayed in the passenger lounges and inside cabins and suites.

SEC. 6. Passenger Overloading. — No vessel shall:

a, Leave a port unless its manifest or passenger list has been prepared and made
available by the concerned ship officer;

b. Leave the port carrying more than or in excess of its authorized passenger load
capacity;

©. Accept persons or passengers without a valid ticket issued by the ship owner or its
authorized agent;

d. Allow selling or issuance of tickets on board.

SEC. 7. Delineation of Functions, ~ Notwithstanding existing laws, rules and memoranda
and issuances the Maritime Industry Authority or MARINA shall promulgate rules and
regulations for the effective implementation of the provisions of this Act.

The Philippine Coast Guard (PCG) shall assist the MARINA in the enforcement of
this Act and its implementing rules and regulations. For this purpose, it shall be primarily
responsible for enforcing the provisions of this Act before any vessel leaves, or as it calls
on, any port, and whenever, allowed by law, or when necessary, in the interest of the safety
of the passengers, while any such vessel is on its voyage at sea.

SEC. 8. Penalties. - Any violation of the provisions of this Act shall be punished
accordingly:

a. Any violation of the provisions of Section 4 of this Act shall be punished with a
fine not less than Fifty thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.00) to the ship owners or juridical entity
concemed. For the third violation of the same provisions, the ship owners and
other responsible officers, as the case may be. shall be punished by an
imprisonment of two (2) years and one (1) day;

b. Any violation of the provisions of Section $ of this Act shall be punished with a
fine not less than One hundred thousand pesos (P 100,000.00) but not more than
‘Two hundred thousand pesos (P200,000.00) to the shipowners or juridical entity
concemed, For the third violation of the same provisions, the shipowners and
other responsible officers, as the case may be, shall be punished by an
imprisonment of three (3) years and one (1) day;


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¢. Any violation of the provisions of Section 6 of this Act shall be punished with a
fine not less than One hundred thousand pesos (P100,000.00) but not more than
‘Two hundred thousand pesos (P200,000.00) to the shipowners or employee or
agent concerned. For the third violation of the same provisions, the shipowners
and other responsible officers, or agent or employee, as the case may be, shall be
punished by an imprisonment of three (3) years and one (1) day;

SEC. 9. When Injuries or Deaths Occur. - Whenever less grave or serious physical injuries
or death of any passenger occur as a direct and efficient cause of any violation of Section 4,
5, and 6 of this Act as may be shown by evidence in a judicial proceeding, the responsible
persons of the entity shall be punished with imprisonment of not less than six (6) years but
not more than twelve (12) years, without prejudice to the penalties imposed in the
abovementioned sections,

SEC. 10, Jurisdiction of Courts. - The jurisdiction over a case arising from any violations
of this Act shall be in accordance with the pertinent provisions of Batas Pambansa Bilang
129, as amended: Provided, That if the violation occurred at sea, the court whose seat is the
most proximate in distance to such location of the vessel at sea shall have jurisdiction.

SEC. 11. Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the Department of Transportation and Communications (DOTC), in
coordination with its relevant attached agencies, MARINA, Philippine Coast Guard, and
private sector shipping practitioners, shall promulgate the necessary implementing rules and
regulations for the effective implementation of this Act.

idential decrees, executive orders, rules and
the provisions of this Act are hereby

Sec. 12. Repealing Clause. - All laws, pr
regulations, or other issuances, inconsistent
repealed or modified accordingly.

Sec, 13. Separability Clause. ~ If any portion of provision of this Act is declared
unconstitutional, the remainder of this Act or any provisions not affected thereby shall
remain in force and effect.

Sec. 14. Effectivity, — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) national newspapers in general circulation.

Approved,