FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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Webster's dictionary defines "disaster" as a sudden calamitous event producing great 
material damage, loss and distress, It is a disturbing fact that disasters have remained a constant 
problem in the transportation industry, be it air, land or sea. These tragedies cause much damage 
to lives and properties, with losses amounting to at least 2 to 3% of the country's gross domestic 
product (GDP) each year. Further, the economic losses are reflected mainly in the victim's 
productive years that are taken away by their untimely deaths. The death and injuries due to 
various accidents result in considerable waste of country's resources and cause grief to the family 
and friends of the victim. 
Recent events have shown that the transportation industry has experienced several major 
catastrophes. In the land transportation sector, a public utility bus loaded with passengers was 
washed away into a river in Isabela pro-xince by rampaging floodwaters. The most recent tragedy 
that hit the transportation industry was the crash landing into the waters of Manila Bay of a 
Laoag Airlines Fokker plane where at least fourteen (14) of its passengers perished. 
The government has responded to every transportation disaster by forming fact-finding 
bodies to investigate the cause or causes of the accident. These bodies were tasked to pinpoint 
responsibility for such tragedies and review such regulations and policies to prevent similar 
incidents from happening in the future. However, the recent disasters are testaments to the 
inadequate response of government towards the prevention of similar catastrophes. These 
tragedies could have been avoided had government initiated proactive measures designed to 
ensure "safety consciousness" among the owners of public utilities as well as the regulatory 
agencies mandated to monitor their operations. 
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To advance transportation safety consciousness, there is an urgent need to create the 
National Transportation and Safety Board (NTSB) which shall be independent, non-regulatory 
agency shall undertake to ensure thorough and impartial investigations of transportation 
accidents. It shall be primarily responsible for the analysis, evaluation and prevention of air, 
highway and marine transportation accidents, to include railway and pipeline systems, for the 
effective promotion of safety and prevent loss of life and property. Briefly, the mission of this 
Board is to engage in the investigation and determine probable cause(s) of transportation 
accidents, the issuance of safety recommendations and special studies directed at preventing 
recurrence of such accidents and evaluating the effectiveness of concerned government agencies 
in preventing transportation accidents. 
The creation of an independent government agency to promote transportation safety by 
conducting independent accident investigations and by formulating safety improvement 
recommendations has come of age in the Philippine transport system. As envisioned, the proper 
conduct of responsibilities assigned to this independent Board requires vigorous investigation of 
major accidents involving all types of public utility vehicles or vessels regulated by other 
agencies of government. It demands continual review, appraisal, and assessment of the operating 
practices and regulations of all such agencies. It also envisions calling for the making of 
conclusions and recommendations that may be critical of or adverse to any such agency and its 
officials. 
No government agency can properly perform such function unless it is totally separate 
and independent from any other department, bureau, commission, or agency. The current 
regulatory agencies involved in the transport industry caunot be expected to conduct a thorough 
and impartial investigation on any major accident for the simple reason that such agencies may 
be themselves liable due to the improper or lark of implementation of pertinent laws, rules and 
regulations regarding safety. 
The importance and necessity of safe transportation system in OUT country cannot be 
over emphasized. The enactment of this measure is expected to ensure that all modes of 
transportation in the Philippines are conducted safely. We believe that the NTSB will be an 
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effective vehicle for the realization of such a need. Therefore, the passage of this bill is strongly 
recommended. 
This is a senate counterpart bill to the one filed in the House of Representatives by Rep. 
Rozzano Rufino B. Biazon. 1 
I This bill was originally filed during the 14th Congress I" Regular Session 
3 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENAW 
S, No, 
1747 
• 
Introduced by Senator Miriam Defensor Santiago 
• 
AN ACT 
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CREATING A NATIONAL TRANSPORTATION SAFETY BOARD 
AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This act shall be known and cited as the "National 
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Transportation Safety Act." 
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SECTION 2. Declaration of Policy. - It is the policy of the State to prevent accidents and 
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save lives and property in transportation; promote safety in the transportation of people, property 
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and goods by conducting independent accident investigations; by continual and objective review, 
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appraisal and assessment of, operating practices and regulations of government agencies 
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implementing transpOliation laws; and" by formulating and promulgating safety improvement 
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standards for observance and implementation, by said agencies and concerned private sectors. 
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SECTION 3. Creation. - There is hereby created a National Transportation Safety Board, 
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non-regulatory and independent agency herein after referred to as the Board, to implement the 
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foregoing policy of the 
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SECTION 4. Objectives. -The Board shall have the following objectives: 
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(a) To prevent future accidents, save lives and reduce injuries and property damages; 
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(b) To ensure the survivors and families of the victims of transportation accidents receive 
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timely, compassionate assistancll from the operators, other government 22 agencies, and 
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community service organizations; 
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(c) To ensure implementation of safety improvements that have been identified by the 
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government agencies responsible for transportation safety; 
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(d) To conduct thorough accident and incident investigations, determining the probable 
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causes, and publishing accident reports and safety studies that will convince other to act; 
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and 
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(e) To provide safety infonnation to the public, safety managers, and Board employees to 
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help them make more timely and informed decisions. 
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SECTION 5. Structure and Orgunization. - The Board shall be composed of five (5) 
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full time members, including a Chairman and a Vice-chairman. All the members of the Board 
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shall have extensive training and experience in the respective field of our marine, highway and 
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rail transportation systems, and each must have adequate knowledge in investigation, analysis, 
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and evaluation of transportation accidents, particularly in the field of accident reconstruction, 
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safety engineering, or transportation safety, 
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Members of the Board shall be appointed by the President of the Philippines, with the 
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consent of the Commission on Appointments, for a term of six (6) years. The member designated 
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by the President as Chairman shall be with the consent ofthe Commission on Appointments. Of 
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those first appointed, two members shall hold office for six years, two members for four years, 
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and the last member for two years. Appointment to any vacancy shall be only for the unexpired 
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term of the predecessor. Upon the expiration of his tenn of office, a member shall continue to 
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serve until his successor is appointed and shall have qualified. In no case shall any Member be 
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appointed or designated in a temporal)' or acting capacity. Any member of the Board may he 
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removed by the President for inefficiency, neglect of duty, malfeasance in office or any other 
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legal cause. 
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No member of the Board shall hold concurrently any other government office or position, 
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or be employed in any government-owned or controlled corporation or entity or any private, 
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business enterprise whose interest may be conflict with the Board's function and duties. The 
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Chainnan and Vice-chairman of the Board each shall serve for a term of two (2) years. The 
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Chairman shall be the chief executive officer of the Board and shall exercise the executive and 
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administrative functions thereof with respect to the appointment and supervision of personnel 
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employed by the Board; the distributi~n of business among any administrative units of the 
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Board: and the use and expenditures of funds. The vice-Chainnen shall act as Chainnan in the 
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event of the absence or incapacity of the Chainnen or in case of a vacancy in any office of the 
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Chainnan. The Chairman of Acting Chainnan shall be governed by the policies established by 
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the Board including any decisions, findings, detennination, rules, regulations and fonnal 
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resolutions. 
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Three (3) members of the Board shall constitute a quorum for the transaction of any 
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function of the Board. 
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The Board shall establish and maintain distinct and appropriate staffed bureaus, divisions, 
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or offices to investigate and report on. accidents involving each of the following modes of 
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transportation: (a) aviation; (b) highway and motor vehicle; and (c) railroad and tracked vehicles. 
10 
The Board shall in addition establish and maintain any other such office as is needed, including 
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an office as is needed, including an office to investigate and report on the safe transportation of 
12 
hazardous materials. 
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SECTION 6. Functions of the Executive Offices. - For the proper management and 
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effective implementation of the objectives of the Board, each executive office shall perfonn the 
15 
following f1-mctions: 
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(a) Office of the Managing Director. - The Board shall have a Managing Director who 
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shall be appointed by the Presiden,t of the Philippines upon recommendation of the Board, 
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The Managing Director shall have the following functions: 
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(1) Assist the Chainnan in the discharge of his functions as executive and 
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administrative head ofthe Board; 
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(2) Coordinate and direct the activities of the staff and is responsible for the day-t 
22 
to-day management oftM affairs and activities of the Board; 
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(3) Recommend and develop plans to achieve the Board's objectives; and 
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(4) Provide executive secretarial services to the Board. 
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(b) Office of Public Affairs. - The Office of Public Affairs shall supply the public, the 
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transpOliation industry and the news media with current, accurate infonnation concerning 
27 
the work, programs and objectives of the Board. 
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(c) Office of Government Affairs. - The Office of Government Affairs shall supply 
Congress and the different national agencies with information regarding the Safety 
Board's activities programs and objectives. 
(d) Office of the General Counsel. - The Office of the General Counsel shall have the 
following functions: 
(1) Provide legal advice and assistance to the Board and its staff components; 
(2) Prepare Board mles, opinions and/or orders, and advice to all offices and 
bureaus on matters oflegal significance; and 
(3) Represent the Board in court actions to which the Board is a party or to which 
the Board is interested. 
(e) Office of Aviation Safety. - the Office of Aviation Safety shall have the following 
functions: 
(1) Conduct investigations of all aviation accidents within the Board's 
14 
jurisdiction; 
15 
(2) Prepare reports for submission to the Board and release to the public setting 
16 
forth the facts and circumstances of such accidents, including a recommendation 
17 
as to the probable cause(s); 
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(3) Determine the probable cause(s) of accidents when delegated authority to do 
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so by the Board; 
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(4) Initiate safety recommendations to prevent future aviation accidents; and 
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(5) Conduct special investigations into selected aviation accidents involving 
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safety issues of concern to the Board. 
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(f) Office of Surface Transportation Safety. - The functions of the Office of Surface 
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Transportation Safety shall be the following: 
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(1) Conduct investigations of highway, railroad, marine, pipeline and hazardous 
26 
materials accident within the Board's jurisdiction; 
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(2) Prepare reports for submission to the Board and release to the public setting 
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forth the facts and circumstances of such accidents, including a recommendation 
29 
as to the probable cause(s); 
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(3) Determine the probable cause(s) of accidents when delegated authority to do 
so by the Board; 
(4) Initiate safety recommendations to prevent future surface transportation 
accidents; and 
(5) Conduct special investigations into selected surface accidents involving safety 
issues of concern to the Board. 
(g) Office of Safety Recommendations. - The Office of Safety Recommendations shall 
oversee the Board's safety recommendations program. 
(h) Office of Research and Engineering. - The Office of Research and Engineering shall 
have the following functions: 
(1) Provide technical advice and services; 
(2) Conduct research and carry out analytical studies and tests on all aspects of the 
Board's accident investigation, accident prevention and safety promotion 
activities; 
(3) Conduct safety studies of specific safety issues; 
(4) Perform statistical analyses of transportation accident and incident data; 
(5) Maintain archival records of the Board's accident investigation and safety 
promotion activities and support public access to these records; and 
(6) Support the Board's data processing, computing and information management 
requirements. 
(i) Office of Administration. -The office of Administration is responsible [or the custody 
and control of all Board records required to be preserved and kept. Moreover, it shall 
provide administrative support for the Board in the following areas: 
(1) budget; 
(2) accounting and audit; . 
(3) personnel, training and payroll; 
(4) information management and automatic data processing; 
(5) property, space, communications, facilities and transportation management; 
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(6) printing, publications, mail, procurement, contracting, and accident inquiry 
2 
servICes. 
3 
SECTION 7. Compensation. - The salary of the Chairman and the members of the Board 
4 
shall be the same as those of the Chairman and Members of the different Constitutional 
5 
Commissioners. They shall also be entitled to computable representation and transportation 
6 
allowances in the amount of Five Thousand Pesos (P 5,000.00) each per month. The salary of the 
7 
Chairman and Members of the Board shall not be decreased during their tenure. 
8 
SECTION 8. Personnel. - Subjli!ct to the civil service laws, rules and regulations, the 
9 
Board is authorized to select, appoint, employ, and fix the compensation of such officers and 
10 
employees, including investigators, and attorneys, as shall be necessary to carry out its powers 
II 
and duties. 
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SECTION 9. Duties and Powers of the Board. - The primary function of the Board is to 
13 
promote safety in transportation. 
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(A) Duties ofthe Board. - The Board shall: 
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(I) Investigate or cause to be investigated (in such details as it shall prescribe), 
16 
and determine the facts, conditions, and circumstances and the cause or probable 
17 
cause or causes of any: 
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(a) aircraft accident within the scope of Subsection II of Section 32, 
19 
Republic Act No. 776, as amended; 
20 
(b) highway accident, including any railroad grade crossing accident that it 
21 
selects; 
22 
(c) railway accident in which there is a fatality, substantial property 
23 
damage, or which involves a passenger train; 
24 
(d) pipeline accidents in which there is a fatality or substantial property 
25 
damage; 
26 
(e) major marine casualties and marine accidents, except those involving 
27 
only vessels used by the Armed Forces of the Philippines, occurring on the 
• 
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navigable waters or territorial seas of the Philippines, or involving a vessel 
29 
of the Philippines, in accordance with the regulations to be prescribed 
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jointly by the Board and the Secretary of Transportation and 
2 
Communication in which the Coast Guard is operating. Any marine 
3 
accident involving a public vessel and any other vessel shall be 
4 
investigated and the facts, conditions, and circumstances, and the cause or 
5 
probable cause determined and made available to the public by either the 
6 
Board or the Secretary of Transportation; and 
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(f) other accident which occurs in connection with transportation of people 
8 
or property, equipl,llent or hazardous materials which, in the judgment of 
9 
the Board, is catastrophic, involves problems of a recurring character, or 
10 
would otherwise carry out the above-stated policy of the State. Nothing 
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therein shall prevent the Board from making further inquiries on accidents 
12 
already 
investigated 
by 
existing 
accident-investigating 
bodies. 
13 
Furthermore, the Board may require the submission of their records, 
14 
reports, findings and recommendation of past investigation. The Board 
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shall be the primary government body to conduct accident investigations 
16 
under its jurisdiction. Other agencies mandated to investigate concurrently 
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such accidents shall coordinate with the Board in the performance of its 
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nmctions. In addition, it shall give full support to the actions and policies 
19 
dictated by the Board during the conduct of such investigations. 
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Nothing therein shall prevent the Board from maldng further inquiries on accidents 
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already investigated by existing accident-investigating bodies. Furthermore, the Board may 
22 
require the submission of their records, reports, findings and recommendation of past 
23 
investigation. The Board shall be the pnmary government body to conduct accident 
24 
investigations under its jurisdiction. Other agencies mandated to investigate concurrently such 
25 
accidents shall coordinate with the Board in the performance of its functions. In addition, it shall 
26 
give full support to the actions and policies dictated by the Board during the conduct of such 
27 
investigations. 
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(2) Report 111 writing on the facts, conditions, and circumstances of each accident 
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investigated pursuant to paragraph (1) of this subsection and cause such reports to be made 
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available to the public at reasonable cause notice of the issuance and availability of such reports 
2 
to be published in the Official Gazette; 
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(3) Issue periodic reports to Congress and government agencies concerned with 
4 
transportation safety, and other interested persons recommending and advocating meaningful 
5 
responses to reduce the likelihood of recurrence of transportation accidents similar to those 
6 
investigated by the Board and proposing corrective steps to make the transportation of persons as 
7 
safe and free from risk of injury as is possible, including steps to minimized human injuries from 
8 
transportation activities. 
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(4) Make transportation safety recommendations to national agencIes and private 
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organizations to reduce the likelihood of recurrences of transportation accidents; 
II 
(5) Initiate and conduct special studies and special investigations on matters pertaining to 
12 
safety in transportation and human injury avoidance. 
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(6) Assess and reassess techniques and methods of accident investigation and prepare and 
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publish from time to time recommended procedures for accident investigations; 
IS 
(7) Establish by regulation requirements binding on persons reporting accidents subjects 
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to the Board's investigatory jurisdiction under this subsection; 
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(8) Evaluate, assess the effectiveness, and publish the findings of the Board with respect 
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to the transportation safety consciousness and efficacy in preventing accidents of other 
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government agencies, as well as promote transportation safety consciousness in both the national 
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and local government; 
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(9) Evaluate the adequacy of safeguards and procedures concerning the transportation of 
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hazardous materials and the performance of carriers and other government agencies charged with 
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assuring the safe transportation of such materials; 
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(10) Gather, analyze and survey, and keep data and statistics and transportation accidents; 
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(11) Prepare and submit annual reports which shaH include specific proposals for 
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corrective legislation to the Department of Transportation and Communications, with copies 
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simultaneously furnished to the appropriate committees of the Senate and House of 
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Representative; 
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(B) Powers of the Board. - (1) The Board, or upon authority of the Board, may member 
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thereof, or any officer or employee duly designated by the Chairman, may conduct such 
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hearings, sit and act as such times and places, administer such oaths and require by subpoena or 
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subpoena duces tecum the attendance and testimony of such witnesses and the production of such 
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evidence as the Board or such officer may deem necessary. Subpoenas shall be issued under the 
6 
signature of the Chairman, or the Vice-chairman, and may be served by and person designated 
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by the Chairman. 
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(2) Any employee of the Board, upon presenting appropriate credentials and a written 
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notice of inspection authority, is authorized to enter any property wherein a transportation 
10 
accident has occurred or wreckage any such accident is located and do all things therein 
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necessary for the proper conduct of investigation. The employees may inspect, at reasonable 
12 
times, records, files, processes, controls and facilities relevant to the investigations of such 
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accident. Each inspection shaH commence and be completed with reasonable promptness and the 
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results of such inspection made available to the public. 
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(3) In case of contumacy or refusal to obey a subpoena, an order, or an inspection notice 
16 
of the Board or any duly designated employee thereof, by any person who resides, is found, or 
17 
transacts business within the jurisdiction of the Philippines, may be required to comply forthwith 
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by a court of competent jurisdiction, upon the petition of the Board. Failure to obey such an 
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order is punishable by such court as contempt of court. 
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(4) The Board is authorized to enter into such contracts, leases, cooperative agreements, 
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or other transactions as may be necessary in the conduct of the functions and the duties of the 
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Board under this Section, with any government entity or any person. 
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(5) The Board is authorized to: 
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(a) Use, on a reimbursable basis or otherwise, when appropriate, available 
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services, equipment, per~onnel and facilities of the Department of Transportation 
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and Communication, the Department of National Defense, the Department of 
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Public Works and Highways and other agencies and instrumentalities of the 
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government in the conduct of its investigation. 
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(b) Employ recognized experts and consultants on the accidents under investigation who 
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shall be paid by compensation fixed by the Board: Provided, That not more than two 
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consultants shall be appointed for each incident being investigated. 
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(c) Create advisory committees composed of qualified private citizens and government 
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officials as it deems necessary or appropriate; 
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(d) Accept voluntary and uncompensated services notwithstanding any other provision of 
7 
law; 
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( e) Accept gifts or donations of money or property, including real, personal, mixed, 
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tangible or intangible; and Enter into contracts with public or private non-profit entities 
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for the conduct of studies related to any of its functions. 
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(6) Whenever the Board submits or transmits any budget estimates, budget request, 
12 
supplemental budget estimate, or other budget information, legislative recommendation, 
13 
prepared testimony for Congressional hearings, or comment on legislation to the President or the 
, 
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Department of Budget and Management, it shall concurrently transmit a copy thereof to the 
15 
Congress. No officer or agency of the Philippine government shall have any authority to require 
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the Board to submit its budget requests or estimates, legislative recommendations, prepared 
17 
testimony for congressional hearings, or comments on legislation to any officer or agency of the 
18 
National Govermnent for approval, comments, or review, prior to the submission of such 
19 
recommendations, testimony, or comments to the Congress. 
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(7) The Board is empowered to designate representatives to serve or assist on such 
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committees as the Chainnen determines to be necessary or appropriate to maintain effective 
22 
liaison with executive departments. Otlier government agencies, and with independent standard 
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setting bodies carrying out programs and activities related to transportation safety. 
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(8) The Board, or any employee of the Board duly designated by the Chairman, may 
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conduct an inquiry to secure data with respect to any matter pertinent to transportation safety, 
26 
upon pUblication of notice of such inquiry in the official Gazette; and may require. by special or 
27 
general orders, government agencies and persons engaged in the transportation of people or 
28 
property in commerce to submit written reports and answers to such requests questions as are 
29 
propounded with respect to any matter pertinent to any function of the Board. Such reports and 
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answers shaH be submitted to the Board or top such employee within such reasonable period of 
2 
time and in such as the Board may determine. Copies thereof shall be made available for 
3 
inspection by the public. 
4 
(9) The Board may delegate any of its power and functions to the heads of the different 
5 
offices enumerated in Section 6 hereof, to further facilitate the implementation of the provisions 
6 
of this Act. 
7 
(10) Establish such rules and regulations as may be necessary to the exercise of its 
8 
powers and functions under this Act. 
9 
SECTION 10. Recommendations of the Board. - The Board shall recommend to the 
10 
Department of Transportation the recall of defective conveyance and to cause the installation of 
• 
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the required part or parts to make it safe, and notify not only the distributor or purchasers but 
12 
also the public of such defect. Likewise, it shall recommend the grounding of any defective 
13 
conveyance pending the investigation of the cause or nature of its defect. Wherever the Board 
14 
submits a recommendation regarding transportation safety to the secretary of transportation, he 
15 
shall respond to each such recommendation formally and in writing not later than thirty (30) days 
16 
after receipt thereof. The response to the Board by the Secretary shall indicate his intention to-
17 
(1) initiate and conduct procedures for adopting such recommendation in full, pursuant to 
18 
a proposed timetable. a copy of which shall be included: 
19 
(2) initiate and conduct procedures for adopting such recommendation in part, pursuant to 
20 
a proposed timetable. a copy of which shall be included. Such response shall set forth in detail 
21 
the reasons for the refusal to proceed as to the remainder of such recommendation; 
22 
(3) refuse to initiate or conduct' procedures for adopting such recommendation, Such 
23 
response shall set forth in detail the reasons for such refusal. 
24 
SECTION 11. Use of Reports in Actions and Damages. - No part of any report of the 
25 
Board relating to any accident or the investigation thereof, shall be admitted as evidence or used 
26 
in any suit or action for damages growing out of any matter mentioned in such report or reports. 
27 
Furthermore, the Board shall have immunity from suits arising from its investigation, 
28 
pronouncements and findings. 
29 
SECTION 12. Seal. -The Board shall have a seal, which shall be officially recognized. 
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SECTION 13. Annual Report. - The Board shall report to Congress on the second week 
2 
of August of each year. Such report shall include, but shall not be limited to-
3 
(1) a statistical and analytical summary of the transportation accident investigations 
4 
conducted and reviewed by the Board during the preceding calendar year; 
5 
(2) a survey and summary, in such detail as the Board deems advisable, of the 
6 
recommendations made by the Board to reduce the likelihood of recurrence of such accidents 
7 
together with the observed response to each recommendation; 
8 
(3) an appraisal in detail of the accident investigation and accident prevention activities 
9 
of other government agencies charged by law with responsibility in this field; and 
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(4) a biennial appraisal and evaluation and review, and recommendations for legislative 
II 
and administrative action and change with respect to transportation safety. 
12 
SECTION 14. Fiscal Autonomy. - The Board shall enjoy fiscal autonomy. Their 
13 
approved annual appropriations shall be automatically and regularly released. 
14 
SECTION 15. Appropriations. - The Board shall receive an appropriation in the amount 
IS 
of Thirty Million Pesos (P 30,000,000,00) to finance its operation for the first year to be 
16 
appropriated out of the funds of the National Treasury not otherwise appropriated out of the 
17 
funds of the National Treasury not otherwise appropriated and thereafter such amounts as may be 
18 
sufficient to finance its operations and activities shall be incorporated in the annual General 
19 
Appropriations Act. 
20 
SECTION 16. Separability Clause. - Any portion or provision of this Act which may be 
21 
declared unconstitutional shall not have the effect of nullifying other portions or provisions 
22 
hereof, as long as such remaining portions or provisions can still subsist and be given effect in 
23 
their entirety. 
24 
SECTION 17. Repealing Clause. - All laws, decrees, orders, proclamation, rules and 
25 
regulations, or parts thereof, which are inconsistent with any of this Act are hereby repealed, 
26 
amended, or modified accordingly. 
27 
SECTION 18. Effectivity. - This Act shall take effect fifteen (15) days after its 
28 
publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
29 
Approved, 
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