NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
S. No.
SENATE
2739
•> 'wUt:r of ti'f 5 -'i ff ir^>
24 JUL23 A10:01
RiiCEIVEO B’t'
Introduced by Senator Manuel "Lito" M. Lapid
AN ACT
CREATING A PHILIPPINE TRANSPORTATION SAFETY BOARD, 
PRESCRIBING ITS POWERS AND FUNCTIONS, AND APPROPRIATING
FUNDS THEREOF
EXPLANATORY NOTE
The "Philippine Transportation Safety Board Act" aims to address a critical need 
in the country's transportation sector by establishing a dedicated body responsible for 
the thorough investigation of transportation-related incidents. This bill seeks to 
enhance the safety and accountability within the transportation system, ultimately 
safeguarding the lives and well-being of the Filipino people and protecting the nation's 
economic interests.
The primary intent of this bill is to create the Philippine Transportation Safety 
Board (PTSB),' an independent agency tasked with investigating all transportation- 
related incidents. This board will be responsible for collecting and analyzing relevant 
data, identifying the root causes of incidents, and providing comprehensive reports of 
their findings. The goal is not only to hold those responsible accountable but also to 
use the insights gained from these investigations to inform and guide policymakers.
The ultimate goal of this bill is to improve transportation safety across the 
country. By learning from past incidents, the PTSB will contribute to the development 
of enhanced safety protocols and standards, reducing the risk of future accidents and 
their associated human and economic costs.


The "Philippine Transportation Safety Board Act" represents a proactive 
approach to transportation safety, emphasizing the importance of learning from past 
incidents to prevent future ones. By establishing the PTSB, this bill seeks to create a 
safer transportation environment for all Filipinos, ensuring that transportation-related 
incidents are meticulously investigated, responsible parties are held accountable, and 
valuable knowledge is provided to policymakers for the betterment of the nation.
In view of the foregoing, the passage of this bill is earnestly sought.
LAPID
Senator


NINETEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
)
S. No.
SENATE
2739
s’.iSffup of ;i)C fi .r;t
24 JUL 23 A10:01
PJECEIVtD ti'.
Introduced by Senator Manuel "Lito" M. Lapid
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AN ACT
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CREATING A PHILIPPINE TRANSPORTATION SAFETY BOARD,
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PRESCRIBING ITS POWERS AND FUNCTIONS, AND APPROPRIATING
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FUNDS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Title. - This Act shall be known as the "Philippine Transportation
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Safety Board Act".
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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promote safety in the transportation of people and goods through cost-effective
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measures that either prevent, remedy or mitigate crashes, accidents and serious
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incidents involving any mode of transport, including pipelines and conveyors. Towards
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this end, the Government shall:
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(a) Conduct Independent investigations on transportation accidents and
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incidents;
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(b) Support safety programs based on continuing and objective reviews of
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causes or reasons for unsafe acts and conditions; and
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(c) Appraise and assess operating practices and operational regulations of
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government agencies involved in the transportation sector, insofar as they
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relate to safety measures, and when appropriate, shall initiate, coordinate,
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formulate and adopt additional safety standards consistent with


international best practices for the observance and implementation by the 
concerned government agencies and/or private entities.
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Sec. 3. Creation of the Philippine Transportation Safety Board. - There is hereby
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created a Philippine Transportation Safety Board, hereinafter referred to as the
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"Board" which shall be attached to the Office of the President.
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Sec. 4. Composition and Organization. -
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(a) The Board shall be composed of seven (7) full time Members, headed
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by a Chairman. The Chairman and all six (6) Members of the Board, shall
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be appointed by the President and must:
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1) Be a Filipino citizen at the time of his/her appointment;
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2) Have at least three (3) years of actual experience in the
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administration, operation and management of a transport utility firm or
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regulatory agency in transportation and traffic safety; and
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3) Be knowledgeable in crash and incident reconstruction, safety
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engineering or transportation and traffic safety.
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Provided, That each transportation sector—land, rail, air, and sea—shall
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be represented by one Board Member each: Provided, further, That two
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(2) of the full-time Members must come from the commuting public,
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including organizations advocating for road safety.
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(b)The Chairman shall have a term of five (5) years but may be renewed
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for a non-extendible period of one (1) year: Provided, That the term of the
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initial appointees shall be staggered, such that three (3) Members shall hold
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office for three (3) years and the other three (3) Members for two (2) years.
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(c) Upon the expiration of their respective terms, the Members shall
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continue to serve until their successor Is appointed and qualified. In case
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a Member fails to complete his term, his successor shall only serve the
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unexpired portion of the term of his predecessor.


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(d) A Member may be removed from office by the President for cause in 
accordance with the Civil Service rules and regulations.
(e) The Chairman shall be the Chief Executive Officer of the Board. He shall 
exercise ail the powers and discharge all functions of the Board. He shall 
exercise control over all personnel employed by the Board, including the 
following:
1) The appointment and supervision of personnel employed by the 
Board;
2) The distribution of business among such personnel and among any 
administrative units of the Board; and
3) The use and expenditure of the funds of the Board.
(f) The Board shall establish and maintain distinct appropriately staffed 
bureaus, division, or offices, to conduct research, investigate and report on 
crashes, accidents, and serious incidents involving each of the following 
modes of transportation:
1) Aviation;
2) Motor vehicles;
3) Railroads and tracked vehicles;
4) Pipelines, and
5) Marine transport carriers.
(g) The Board shall, in addition, establish and maintain such capabilities as 
may be needed to investigate and report on the safe transportation of 
hazardous and toxic materials.


Sec. 5. The Executive Director. -
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(a) The Board shall have an Executive Director, who shall be appointed by 
the Chairman.
(b) No person shall be appointed Executive Director unless he is at least 
thirty-five (35) years of age at the time of his appointment, a member of 
the Philippine bar, and who has practiced his profession for at least ten (10) 
years prior to the date of his appointment. He also must not have been a 
candidate for any elective position in the elections immediately preceding 
his appointment.
(c) The Executive Director shall:
1) Record and officially report on the proceedings of the Board;
2) Have authority to administer oaths in ail matters falling within the 
jurisdiction of the Board;
3) Be responsible for running the day-to-day operation of the Board;
4) Act as the custodian of the records, maps, profiles, reports, and other 
documents and papers filed in connection with any case or proceeding 
before the Board;
5) Be responsible for the effective implementation of the policies, rules, 
and directives promulgated by the Board;
6) Coordinate and supervise the activities of the different operating units 
of the Board; and
7) Perform such other functions as may be assigned to him by the 
Chairman and/or the Board.
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Sec. 6. Compensation.
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(a) The Chairman and the Members of the Board shall have the rank of a 
Department Secretary and Undersecretary, respectively. They shall receive 
the compensation and other emoluments corresponding to those of a 
Department Secretary and Undersecretary, respectively.
(b) The Executive Director shall have the rank of Assistant Secretary and 
shall be entitled to compensation and other emoluments corresponding to 
those of an Assistant Secretary.
(c) The Chairman, the Members of the Board, and the Executive Director 
shall be entitled to commutable representation and transportation 
allowances per month in the amount not exceeding the monthly salary of 
the lowest-paid regular employee of the Board.
(d) The Board shall determine the schedule of salaries of the employees 
subject to the compliance with the existing compensation law: Provided, 
That the Board shall determine and fix the compensation and fringe 
benefits of employees holding technical positions that are not common to 
the agencies of the government which shall be specified in the 
implementing Rules and Regulations.
Sec. 7. Duties and Functions of the Board. - The Board shall:
(a) Investigate or cause to be investigated and determine the facts, 
conditions, circumstances, and cause of any of the following:
1) Aircraft accidents and serious incidents, except those involving State 
aircrafts, in accordance with ANNEX 13 of the International Civil Aviation 
Organization regulations;
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2) Motor vehicle crashes, including railroad grade crossing incidents;


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3) Railroad incidents and accidents, including those involving passenger 
trains, which resulted to death, injury, or substantial damage to 
property;
4) Pipeline incident, in which there is fatality or substantial property 
damage;
5) Major maritime transportation and aerial accidents or incidents 
occurring within Philippine maritime jurisdiction, except those involving 
domestic and foreign military vessels and ships, occurring within the 
national territory of the Philippines: Provided, That the Board may aid in 
any investigation concerning such exempted vehicles if it has secured 
prior consent from the proper government agency; and
6) Other serious incidents involving the transportation of people and 
property, which, in the judgement of the Board, are catastrophic and of 
a recurring character.
(b) Report in writing to Congress and the President on the facts, conditions, 
and circumstances of each incident investigated pursuant to Section 7 (a) 
of this Act, and make such report available to the public within sixty (60) 
days from the completion of the Board's investigation, except in certain 
cases enumerated in Section 12 of this Act;
(c) Initiate and conduct special studies and investigation on matters 
pertaining to safety in transportation and avoiding injury to persons and 
damage to property;
(d) Gather, analyze, maintain, and publish from time-to-time data and 
statistics on transportation crashes, accidents and incidents;
(e) Prescribe requirements for persons or agencies reporting transportation 
incidents, in accordance with their own mandates, except those which 
involve military vessels or aircrafts; and (f) Perform such other functions as


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may be necessary to effectively implement the objectives and provisions of 
this Act.
Sec. 8. Powers of the Board. -
(a) The Board or any Member so designated may conduct hearings, 
administer oaths, and require the attendance and testimony of witnesses 
and the production of papers, contracts, agreements and all other relevant 
documents deemed necessary in any inquiry or investigation pending 
before the Board.
(b) Any representative authorized by the Board, upon presenting 
appropriate credentials, may enter any property wherein a transportation 
incident has occurred or wreckage from such incident is located in order to 
Investigate such incident. The representative may Inspect at reasonable 
times, records, files processes, controls, and facilities relevant to the 
investigation of such incidents.
Each inspection shall be commenced and completed with reasonable 
promptness.
(c) In investigating aircraft accidents or serious incidents, the Board may 
inspect and test, to the extent necessary, any civil aircraft engine, 
equipment, propeller, appliance, or property on an aircraft involved in an 
accident or serious incident in air commerce: Provided, however. That any 
civil aircraft engine, equipment, propeller, appliance, or property on an 
aircraft involved in air commerce shall be preserved, and may be moved, 
only as prescribed by regulations promulgated by the Board.
(d) An officer or employee of the Board may examine or test any motor 
vehicle, vessel, rolling stock, track, or pipeline component involved in an 
accident or incident. Such examination or test shall be conducted in a 
manner that:


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1) Does not unnecessarily, interfere with the transportation services 
provided by the owner or operator of the motor vehicle, vessel, rolling 
stock, or pipeline component; and
2) To the maximum extent feasible, preserves evidence related to the 
accident, consistent with the needs of the investigation.
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(e) The Board shall have the sole discretion to:
1) Decide the manner of inspection and examination of evidence 
pursuant to this Act;
2) Identify the person or persons who or entity that will conduct the 
inspection, examination or test; and
3) Identity the type of examination or test to be conducted.
Provided, That a representative from concerned government agencies shall 
be present during the inspection, examination, or test conducted pursuant 
to this Act: Provided, further. That all examinations and tests shall be 
properly documented by photographs and videos.
(f) The Board may use a laboratory record made available to it under this 
Act to develop an evidentiary record in its investigation of an accident or 
incident if:
1) The fitness of the tested officer or employee is at issue in the 
investigation; and
2) The use of that record is necessary to develop the evidentiary record.
(g) The Board may require and shall be furnished a copy of the autopsy 
reports by the official concerned on any person who died as a result of 
having been involved in a transportation accident. The Board may order, if 
necessary, the autopsy of such other deceased, or require tests on such


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Other person or persons as may be needed for the investigation of the 
accident.
(h) The Board may enter into such contracts, leases, agreements and other 
transactions as may be necessary in the conduct of its functions and duties.
(i) The Board may call the assistance, and use any available services, 
equipment, and facilities of the Department of Justice (DOJ), Department 
of Transportation (DOTr), Philippine Coast Guard (PCG), Department of 
National Defense (DND), Department of Health (DOH), Metropolitan Manila 
Development Authority (MMDA), Department of Public Works and 
Highways (DPWH), Philippine National Police (PNP), National Bureau of 
Investigation (NBI), Local Government Units (LGUs), and other agencies 
and instrumentalities of the government.
(j) The Board may create advisory committees composed of qualified 
private citizens and government officials with whom the Board may consult 
in the implementation of its functions and duties and to pay honoraria of 
these persons for meetings actually attended. Whenever necessary, the 
Board may likewise appoint or retain the services of recognized experts as 
consultants on the incidents under investigation. Such consultants shall be 
paid compensation as fixed by the Board: Provided, That not more than 
three (3) consultants shall be appointed for each incident being 
investigated; Provided, further. That no officer, external auditor, or legal 
counsel of any private company or enterprise primarily engaged in the 
transportation industry shall be eligible for appointment as a consultant of 
the Board;
(k) Any law to the contrary notwithstanding, the Board may accept 
voluntary and uncompensated services;
(l) The Chairman of the Board may determine the number of committees 
that are appropriate to maintain effective liaison with other departments, 
agencies and instrumentalities of the national government and LGUs, non-


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government organizations, and independent standard-setting authorities
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that carry out programs and activities related to transportation safety. The
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Board shall designate representatives to serve in the committees.
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(m) The Board or any officer or employee designated by the Chairman, may
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conduct an inquiry to obtain information related to transportation safety;
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(n) The Board may require the submission of records, findings, and/or
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recommendations of previous incidents and/or investigations of such
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incidents, from any government agency. For this purpose, the agency
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concerned shall transmit to the Board, within fifteen (15) days from receipt
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thereof, said records, findings, and/or recommendations.
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(o) The Board, or its designated officer or employee, may issue Orders
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requiring a department; agency or instrumentality of the national
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government; LGU; or a person, natural or juridical, which transports
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persons or goods; to submit to the Board written answers or reports
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pertaining to questions the Board may propound in line with its current
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investigations. The Board shall prescribe a reasonable time within which
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the reports and the answers thereto must be submitted to its designated
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officer or employee.
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Sec. 9. Consideration of Internationai Law. - In the exercise of its powers, the
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Board shall take into consideration and abide by the provisions of any treaty entered
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into by the Republic of the Philippines with other countries relative to the investigation
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of accidents over which the Board assumes jurisdiction.
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Sec. 10. Use of Reports as Evidence. - No part of any report or reports of the
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Board relating to any accident or incident, or investigation thereof, shall be admitted
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as evidence or used in any suit or action for damages arising out of any matter
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mentioned in such report or reports, except when the criminal aspect of the accident
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or incident is put into issue.
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Sec. 11. Reiationship with Other Government Agencies. -
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(a) The Board shall have original jurisdiction over incidents enumerated in 
Section 7(a) of this Act; however, nothing in this Act shall deprive other 
government agencies from performing their intrinsic and mandated 
functions, including the investigation of accidents or making Inquiries 
thereon, when those functions exist prior to the effectivity of this Act: 
Provided, however. That the Board, at its discretion, may require the 
submission of the records, findings, and recommendations of the 
investigation or inquiry, pursuant to its power under Section 8 of this Act;
(b) The PNP and other law enforcement agencies shall continue to 
investigate and record incidents involving motor vehicles and/or 
pedestrians in accordance to their operational procedures or protocols; and
(c) Any law to the contrary notwithstanding, the head of the concerned 
agency shall, upon order or written request by the Board, provide the 
following information to the Board:
1) Any report or a confirmed positive toxicological test, verified as 
positive by the medico-legal officer of the PNP or the NBI, conducted on 
an officer or employee of the concerned agency under post-accident, 
unsafe practice, or reasonable toxicological requirements of the 
concerned with the circumstances of an accident or incident under the 
investigative jurisdiction of the Board; and
2) Any laboratory record documenting that the test is confirmed positive.
Sec. 12. Disclosure, Availability, and Use of Information. -
(a) Except as provided in this Section, any record, information or 
investigative report submitted to the Board shall be made available to the 
public upon request and at reasonable cost, unless the Board or the 
Department of Justice prohibits such disclosure due its possible adverse 
domestic or international impact;
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(b) The Board shall not disclose any information related to a trade secret 
except:
1) To another department, agency, or instrumentality of the national 
government, when requested for official use;
2) To a committee of Congress having jurisdiction over the subject 
matter to which the investigation is related, when requested by that 
committee; and
3) To the public: Provided, That such disclosure shall be for the 
protection of public health and safety: Provided, further. That the 
information disclosed will not be detrimental to public health and safety: 
Provided finally. That the disclosure shall be made In a manner designed 
to protect and preserve its confidentiality.
(c) The Board shall not publicly disclose any part of a CCTV footage or voice 
recording or transcript of oral communications relating to an incident being 
investigated by the Board: Provided, however. That this provision shall not 
apply:
1) When the Board holds a public hearing on the accident or incident; 
or
2) When the Board makes public its findings relative to the said accident 
or incident.
(d) Except as provided in Section 12 (b) of this Act, the Board shall maintain 
the confidentiality of, and exempt from disclosure:
1) Military secrets and findings used in the report, unless authorized by 
the DND to do so;
2) Laboratory records provided to the Board;
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3) Medical information related to the test or a review of the test
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voluntarily provided to the Board by the tested officer or employee.
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Sec. 13. Immunity from Suits. - The member of the board and its employees
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shall have immunity from suit arising from the performance of its functions conducted
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in good faith, without fault and negligence, and without violation of any existing laws,
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rules and regulations during the pendency of its investigation of a transportation-
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related accident under its jurisdiction as provided under this Act.
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Sec. 14. Transportation Safety Fund.-
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(a) There is hereby created a Transportation Safety Fund ("Fund") from the
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Board's savings from its annual operating expense, which shall be deposited
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in a special trust fund administered by the Board.
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(b) Subject to the usual accounting and auditing rules and regulations, the
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Fund shall be used exclusively for the following purposes:
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1) Operational expenses in investigating major accidents;
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2) Studies and research in the causes and possible prevention of
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accidents and other disasters, as provided In this act;
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3) Reimbursement of extraordinary expenditures and expenses of
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government and private agencies and/or persons mobilized by the Board
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in investigating major accidents; and
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4) Training and related conferences to further and enhance the expertise
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of the officers and employees of the Board under the provisions of this
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Act.
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Sec. 15. Annual Report. - The Board shall submit to the President and Congress
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an annual report at the end of every calendar year containing, among others:
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(a) Statistical and analytical information of accident or incident
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investigations conducted and reviewed by the Board during the preceding
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year;
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(b) A survey and summary of the recommendations made by the Board to
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reduce the likelihood of the recurrence of those accidents, together with
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the observed response to each recommendation; and
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(c) A detailed appraisal of each accident Investigation and accident
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prevention activity of other departments, agencies, other instrumentalities
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of the national government and the LCDs.
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Sec. 16. Appropriations. - The sum of Fifty million pesos (P50,000,000.00) is
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hereby appropriated out of any funds in the National Treasury not otherwise
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appropriated, for the initial organization and operations of the Board. Thereafter, such
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sums, as may be necessary for the operations of the Board, shall be included in the
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annual General Appropriations Act.
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Sec. 17, Impiementing Ruies andReguiations. - Within sixty (60) days from the
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effectivity of this Act, the Board, in consultation with the DOJ, DOTr, Philippine Coast
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Guard, DND, DOH, MMDA, Civil Aviation Authority of the Philippines, Maritime Industry
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Authority, DPWH, PNP, and NBI, shall promulgate the implementing rules and
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regulations (IRR) for the effective implementation of this Act. The IRR shall provide
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procedures geared towards streamlined processes and swift justice by observing
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timelines or deadlines in rendering decisions and issuances, plain writing or easy-to-
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understand instructions, and over-all improvement of the industry.
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Sec. 18. Separability Clause. - If any part or provision of this Act is declared
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invalid or unconstitutional, the other parts not affected thereby shall remain valid.
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Sec. 19. Repealing Clause. - All laws, decrees, executive orders, issuances, or
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rules and regulations, or portions thereof, that are Inconsistent with this Act or any
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provision or provisions, thereof are repealed or modified accordingly.
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Sec. 20. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in two (2) newspapers of general circulation.
Approved,
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