SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PI-lILIPPINES 
Second Regular Session 
SENATE 
) 
) 
) 
S, No, 
2678 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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MAR -3 P 4 :21 
PROVIDING FOR THE EMPLOYMENT OF QUALIFIED LIFEGUARDS AT ALL 
PUBLIC SWIMMING POOLS AND BATHING FACILITIES, AND PROVIDING 
PENAL TIES FOR VIOLATION THEREOF 
EXPLANATORY NOTE 
It is in the interest of the State to ensure that aquatic facilities and services offered 
by our local tourism comply with high standards of public safety, Owners and operators 
of these facilities must be charged with the responsibility of adopting necessary measures 
to manage and control risks in their services, 
One of such measures is the hiring of trained and qualified lifeguards who shall 
monitor activities in and near the water through patron surveillance, prevent injuries by 
minimizing or eliminating hazardous situations or behaviors, enforce facility rules and 
regulations and educate patrons about them, recognize and respond quickly and 
effectively to all emergencies, and administer first aid and CPR, among others, I 
This bill guarantces that operators and owners of public swimming pools and 
bathing facilities meet the indispensable requirement of employing lifeguards by 
imposing penalties to those who fail to do SO,2 
I American Red Cross Lifeguarding Manual, 2012 
http://web,ihu,edu/recreation/agllatics/ ARC%20Lifeguard%20Manllal,pdf, 
2 This bill was filed as House Bill 5378 by Rep. Sherwin T, Gatchalian during the Second Regular Session 
of the Sixteenth Congress, 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
2' 678 
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) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
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'15 
MAR -3 PAI:21 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
AN ACT 
2 
PROVIDING FOR THE EMPLOYMENT OF QUALIFIED LIFEGUARDS AT ALL 
3 
PUBLIC SWIMMING POOLS AND BATHING FACILITIES, AND PROVIDING 
4 
PENALTIES FOR VIOLATION THEREOF 
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SECTION L Short Title, - This Act shall be known as "Lifeguard Act." 
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SECTION 2, Declaration of Policy, - It is the policy of the State to ensure safety 
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of those participating in a variety of aquatic activities by providing for the employment of 
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lifeguards possessing skills necessary to prevent and respond to aquatic emergencies, 
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SECTION 3, Definition of Terms, - As used in this Act, the term: 
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(A) 
"Public swimming pool" refers to any swimming pool or bathing facility 
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operated for public or collective use, either for commercial purposes or free-of-charge, 
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including but not limited to pools operated in hotels, inns, motels, condominium 
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buildings and complexes, village clubhouses, and any other public setting, or residential 
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setting other than a single-family home, 
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(B) 
"Lifeguard" refers to an expert swimmer trained in lifesaving techniques 
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who is employed by the pool operator to protect bathers and swimmers, prevent drowning 
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and related water injuries, and ensure orderly and safe use of facilities, 


(C) 
"Operator" refers to the owner, manager, administrator, or actual holder of 
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sanitary permit of the facility. 
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SECTION 4. Lifeguard requirement. ~ Each public swimming pool shall employ 
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at least one certified lifeguard for every 250 square meters of pool during all hours of 
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operation. Said lifeguard shall be duly certificd as such by any nationally-recognized 
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organization accredited by the Department of Health. 
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The pool operator shall provide the appropriate local government unit with a 
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certification and supporting documents proving that hc or shc has hired and is currently 
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employing the required amount of certified lifeguards at the pool based on the formula 
10 
given in the preceding paragraph. 
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SECTION 5. Role of the Local Government Unit (LGUs). ~ Pursuant to the 
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provisions of the Local Government Code, LGUs shall ensure the compliance of all 
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public swimming pools with this Act through periodic local inspections coordinated by 
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the Local Health Officers, or other personnel as it may see fit to assign. The respective 
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LGUs shall not approve or renew the operating permit of the pool unless it has verified 
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the certification and supporting documents mentioned in the preceding section of this 
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Act. 
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SECTION 6. Penal Provisions. - The following penalties shall be imposed: 
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(A) 
A pool operator who fails to employ the required number of lifeguards as 
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specified under Sec. 3 of this Act shall pay a fine of 1'20,000 and the operating permit of 
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the facility suspended for a period not exceeding 60 days. Upon the second violation of 
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this Act, the operator shall pay a fine of 1'50,000, and the operating permit of the facility 
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shall be suspended for a period not exceeding 120 days. Upon the third violation of this 
2 


Act, the operator shall pay a fine of PIOO,OOO and the operating permit of the facility 
2 
shall be revoked. 
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(B) 
In the event of serious injury or death of any person as a result of the use of 
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the pool facilities, a pool operator who fails to cmploy the required number of lifeguards 
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under Sec. 3 of this Act shall pay a fine of P200,000 and shall be sentenced to not more 
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than six months of imprisonment. 
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(C) 
In the case mentioned in the preceding paragraph of this Section, the LGU 
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official responsible for periodic local inspections shall be held administratively liable if 
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the pool facility was able to continue its operations due to his or her refusal, omission, or 
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neglect to fulfil his or her duty. 
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(D) 
In the event of serious injury or death of any person as a result of the use of 
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the pool facilities, anyon-duty lifeguard who through gross negligence or imprudence 
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fails to protect said person from serious injury or death shall pay a fine ofP200,000, and 
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shall be sentenced to not more than one year of imprisonment. The pool operator and the 
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lifeguard shall be held jointly and solidarily liable for any civil liabilities imposed as a 
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result of the negligent or imprudent act. 
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SECTION 7. Separability Clause. - If any provision or part hereof is held invalid 
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or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to, 
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or inconsistent with, the provision of this Act is hereby repealed, modified, or amended 
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accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect 15 days after its 
2 
publication in at least two newspapers of general circulation. 
Approved, 
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