NINETEENTH CONGRESS ) /
REPUBLIC OF THE PHILIPPINES } {
First Regular Session \

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 246 8
EXPLANATORY NOTE

This bill was filed during the 18° Congress and was approved by the House of
Representatives.

The Philippines is a Party to the following five safety conventions:
1. The International Convention for the Safety of Life at Sea, 1974
2. The Intemational Convention for the Prevention of Pollution from Ships
3. The Convention on the International Regulations for Preventing Collisions at Sea
4, The International Convention on Load Lines
5. The International Convention on the Tonnage Measurement of Ships

Despite being signatories to these International Conventions, the Philippines has no national
law that would fully implement the provisions of these conventions.

Hence this bill which appoints MARINA as the government agency tasked to fully and
effectively implement these conventions. This bill also aims to ensure that the Philippines is
compliant with our commitments to International Law.

In view of the foregoing, immediate passage of this measure is earnestly requested.

RUF} }. RODRIGUEZ


NINETEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 2468

ANACT
PROVIDING FOR THE FULL AND EFFECTIVE IMPLEMENTATION AND
ENFORCEMENT OF INTERNATIONAL MARITIME INSTRUMENTS TO WHICH THE
PHILIPPINES IS A STATE PARTY

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “International Maritime
Instruments Domestication Act of the Philippines.”

SECTION 2. Declaration of Policy. - The following are hereby declared to be the policies
of the State:

(a) The State shall provide for the full and effective implementation and enforcement
of international maritime instruments and other international conventions to which the
Philippines is a State party in the exercise of its flag state, port state, and coastal state
authority, and for the safety, security, and protection of the marine environment of the
Philippines;

(b) The State shall provide for a platform for the adoption of rules, regulations,
memorandum circulars, or orders implementing the provisions and requirements of
international maritime instruments to which the Philippines is a State party. This platform
shall include a mechanism that will ensure the adoption of amendments to international
maritime instruments when applicable;

(c) The State shall comply with its duties and obligations to the intemational
community as State party to these international maritime instruments by ensuring the
effective exercise of its jurisdiction and control over ships flying its flag, and those who are
responsible for the management and operation of a ship registered in the Philippines
including their duly-registered owners, to operate their ships responsibly; and

(d) The State shall provide a mechanism for the full and effective implementation of
port state control guidelines based on regional agreements or memoranda of understanding.
Pursuant thereto, the State shall consistently carry out its obligation to conduct inspections
on ships of other States, when these ships are within the territorial waters, ports, harbors
and offshore terminals of the Philippines, or wherever applicable.

SECTION 3. Scope of the Act. - Unless otherwise indicated, this Act shall apply to:

(a) All ships covered by international maritime instruments to which the Philippines is
a State party; and

(b) All persons, partnerships, corporations, firms or other entities duly-registered or
licensed in the Philippines to engage in the business of shipping as shipowners, ship
operators, charterers, or ship managers, or those acting on their behalf covered by
international maritime instruments to which the Philippines is a State party.

SECTION 4. Definition of Terms. - As used in this Act:
(a) Domestication refers to the Philippines’ full and effective implementation of
international maritime instruments to which the Philippines is a State party in the exercise of


its flag state, port state and coastal state authority, and for the safety, security and protection
of the marine environment within its jurisdiction. Domestication includes the exercise of the
choices afforded under the international maritime instruments. It shall not include the
application of the provisions of the intemational maritime instruments to purely domestic
ships and industries not engaged in international trade, unless specifically herein stated or
provided in existing laws.

(b) International maritime instruments refer to all maritime conventions, protocols,
annexes, regulations, codes, recommendations, procedures, guidelines, or other similar
instruments duly adopted by the International Maritime Organization (IMO) or recognized
international bodies or entities.

(c)_ Recognized organization refers to an organization duly assessed as such by the
flag state administration and have complied with the Code for Recognized Organizations
(RO Code) in accordance with the provisions of the IMO Resolution A.739 (18) and IMO
Resolution A.789 (19) and authorized to undertake statutory surveys and inspections and to
issue certificates on its behalf.

SECTION 5. Powers and Functions. - For purposes of this Act, the Department of
Transportation (DOT?) shall:

(a) Act as the primary and central maritime administration relative to the compliance
with, and effective implementation and enforcement of international maritime instruments to
which the Philippines is a State party,

(b) Exercise oversight functions over the following powers and functions of the
relevant agencies to:

1) Prescribe, fix, issue, revise, amend, update or repeal rules and regulations
from time to time to ensure the full and effective implementation and enforcement of relevant
international maritime instruments;

2) Determine which ships may be exempted as allowed by the provisions of the
applicable international maritime instruments;

3) Assess and determine the qualification of any recognized organization,
‘execute the corollary written agreement to evidence the terms and conditions by which such
recognized organization shall act on its behalf, and the extent of the powers delegated to
such recognized organization in carrying out initial and periodic inspections and surveys,
including the capacity to issue ship certificates on its behalf in accordance with relevant
international maritime instruments;

4) Require the master or, in the master's absence, the owner, charterer,
manager or operator to submit, without delay, a full written report of any incident involving a
ship that may endanger the safety of the ship, its crew, passengers, or cargo, or pose a
threat to the marine environment;

5) Following any marine casualty, accident or incident involving a ship of
Philippine registry wherever located, or a foreign-flagged ship located in the Philippine
maritime zone, undertake, on its own or through a duly-constituted independent group of
suitably qualified safety inspectors, a marine casualty safety investigation which is
independent from any other form of investigation and is not intended to apportion or blame
or determine liability, but is conducted to determine the cause of the accident and the
identification of measures to prevent the occurrence of similar marine casualties, accidents
or incidents in the future;

6) Receive the report of any violation from another State and conduct any other
investigation on a ship in the Philippine registry to protect public interest and impose such
penalties, sanctions, and levy such fines commensurate to the gravity of the offense to
ensure effective implementation, compliance and enforcement of maritime conventions and
upon completion of the investigation, inform the State submitting the report of the action
taken to address the violation; and

7) Establish rules and regulations for the effective exercise of flag state, port
‘state and coastal state functions mentioned in international maritime instruments to which



the Philippine is a State party. This authority shall include the levying of administrative fees,
fines, penalties and sanctions.

The foregoing functions shall be pursuant to the existing functions and mandates
of the relevant agencies provided under the law or their respective charters or as may be
delegated or assigned by the DOTr in furtherance of the objectives of this Act.

(©) Act as the designated point of contact to the IMO and other international bodies
with respect to all matters related to the implementation of international maritime instruments
to which the Philippines is a State party; and

(d) Exercise such other powers and functions as may be necessary to implement the
provisions of this Act.

SECTION 6. Adoption of International Maritime Instruments to which the Philippines is
not yet a State Party and Power to Amend Regulations to Conform to Amendments to
International Maritime Conventions. - The appropriate government agencies, with the
concurrence of the Secretary of the DOTr, shall recommend to the Department of Foreign
Affairs the adoption of international maritime instruments which the Philippines is not yet a
party to, so that the appropriate recommendation can be made, the relevant instrument of
ratification or accession may be issued by the President, and the concurrence of the Senate
of the Philippines may be obtained: Provided, That in the case of any subsequent
amendment to any technical annex of any existing international convention or treaty to which
the Philippines is already a party and which is deemed accepted by the State parties after
the lapse of the specified time, the appropriate government agencies are hereby empowered
and authorized to amend and revise its rules and regulations to conform with the
amendments to the relevant convention or treaty without need of further legislative or
executive authorization,

SECTION 7. Coordination Among Regulatory Agencies. - The Secretary of
Transportation shall direct, oversee and document the creation, maintenance and
management of the appropriate coordinative framework and structure among all government
agencies mandated by law to supervise and regulate all parties referred to in Section 3 of
this Act in order to ensure the harmonized implementation and enforcement of the
international maritime instruments covered by this Act.

The Secretary of Transportation, as needed, shall coordinate with other executive
departments whose line or attached agencies likewise exercise relevant functions or provide
technical services in ensuring the safety of the ship, its crew, passengers and cargo and in
protecting the marine environment.

SECTION 8. Implementing Rules and Regulations. — Within six (6) months from the
effectivity of this Act, the DOTr shall, in coordination with the relevant agencies, issue the
necessary rules and regulations to implement the provisions of this Act.

The rules and regulations shall clearly identify the processes and procedures to be
followed by the different regulatory agencies given their respective mandates, technical
competence and expertise, organizational structure and capabilities for carrying out the
obligations of the Philippines under the relevant international maritime instruments. The rules
and regulations shall further clarify functions and tasks which require:

(a) Execution directly by the agency;

(b) Execution indirectly by an agency acting on behaff of another;

(c) Coordination of several agencies by a lead agency;

(4) Cooperation by agencies acting independently of each other; or

(e) Monitoring and reporting to another agency

SECTION 9. Separability Clause. — \f, for any reason, any section, subsection, clause or
term of this Act is held invalid or unconstitutional, such parts not affected by such declaration
shall remain in full force and effect.


SECTION 10. Repealing Cla ~All existing laws, orders, decrees, rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby amended, modified or
repealed accordingly.

SECTION 11. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,