Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Second Regular Session

6978

HOUSE BILL NO.

Introduced by Representative Rodolfo C. Farifias

EXPLANATORY NOTE
This bill seeks to establish a National Transportation Safety Board.

The Philippines relies heavily on the transportation industry to
provide business opportunities and to increase the mobility of people and
goods. The transportation industry plays a vital role in the development
and in promoting economic growth in the country. The maintenance of a
safe, viable, efficient, fast and dependable transportation system is
therefore imperative. However, through time, the country witnessed
transportation accidents of different magnitudes. These unfortunate
accidents, which have caused much damage to persons, property and the
environment, reveal the immediate need for the State to find concrete and
permanent solutions to minimize if not totally prevent these accidents.

Public clamor for government action arises whenever transportation
accidents occur, particularly those causing the loss of lives and damage to
property. The public expects the government to conduct immediate
investigation and demands full disclosure and the corresponding safety
recommendations. However, transportation accidents still occur from time
to time, even those which could have been prevented by proactive
measures from different sectors. Thus, there is a need to effectively
promote a higher degree of safety in the transportation sector of the

coyntry.
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Currently, there are various government agencies tasked with the
regulation of the transportation system which are attached to the
Department of Transportation, namely: the Land Transportation Office,
Land Transportation Franchising and Regulatory Board, Civil Aviation
Authority of the Philippines, Maritime Industry Authority, and the
Philippine Coast Guard. As regulatory agencies, they are mandated to
promulgate transportation safety rules, regulations and policies. In order to
have proper oversight over the safety, adequacy and efficiency of our
transport system, an independent and non-regulatory agency is essential.

This measure proposes the establishment of the National
Transportation Safety Board (NTSB) as the primary investigative agency
of transportation accidents which resulted in a fatality or significant
damage to property or the environment. The main objective of NTSB is to
determine the cause or causes of accidents involving the various modes of
transportation --- land, air, maritime and rail ---, promote transportation
safety, and to initiate or recommend measures aimed at preventing future
accidents. In addition, the NTSB carries out special studies concerning
transportation safety and has the added responsibility of coordinating
government assistance to victims and their families in cases of catastrophic
transportation accidents which may cause the loss of lives or damage to
property or the environment.

The NTSB is composed of a Chairperson and four full-time
members who each have extensive training and experience in a specific
mode of transportation and also have adequate knowledge in investigation,
analysis and evaluation of transportation accidents, particularly in the field
of accident reconstruction, evaluation of evidence and transportation
safety.

The NTSB shall be charged with the conduct of independent
accident investigations: continual and objective review, appraisal and
assessment of operating practices and regulations of government agencies
which implement transportation laws and policies. It is also tasked to
formulate and promulgate safety improvement standards for observance
and implementation by said agencies and the public.

Vays


Establishing a National Transportation Safety Board will ensure that
an impartial and thorough investigation of transportation accidents is
conducted by an independent and non-regulatory agency.

In view of the foregoing, approval of this bill is earnestly sought.

ae

RODOLFO C. FARINAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Second Regular Session

6978

HOUSE BILL NO.

Introduced by Representative Rodolfo C. Farifias

AN ACT
ESTABLISHING THE NATIONAL TRANSPORTATION SAFETY
BOARD AND APPROPRIATING FUNDS THEREFOR

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

CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “National
Transportation Safety Board Act.”
SEC. 2. Declaration of Policy. ~ \t is hereby declared the policy of
the State to maintain a safe, viable, efficient and dependable transportation
system as it plays an important role in nation-building and in promoting

economic growth.


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Consistent with this policy, the State recognizes the importance of
preventing transportation accidents, thereby saving lives and property, by
promoting transportation safety. Towards this end, there is a need to
establish a government agency tasked with promoting transportation safety
and efficiency in the transportation of people, property and goods and
conducting investigations to determine the probable cause of transportation
accidents.

CHAPTER IL
CREATION AND ORGANIZATION

SEC, 3. National Transportation Safety Board. — There is hereby
created the National Transportation Safety Board (NTSB) which shall be
attached to the Office of the President.

The NTSB shall have the following objectives:

a) To prevent future transportation accidents, save lives and
reduce injuries and damage to property:

b) To ensure implementation of safety procedures that have been
identified by the government agencies responsible for transportation safety;

c) To conduct objective, precise accident investigations, and
safety studies;

d) To assist the victims of transportation accidents and their

families and ensure that they receive timely and commensurate assistance


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from the transport operators, other government agencies, and community
service organizations; and

e) Advocate and promote safety recommendations and related
information to the public, safety managers, and to the transportation sector.

SEC. 4. Board Members; Qualifications.—(a) The NTSB shall be

composed of a Chairperson and four (4) full time members.

(b) A member of the NTSB must be:

(1) A natural-born citizen and resident of the Philippines;

(2) At least thirty-five (35) years of age:

(3) A person of good moral character, unquestionable integrity,
recognized probity, and competence.

(©) The NTSB must be composed of experts in the following fields:

(1) One (1) member must have extensive training and experience of at
least ten (10) years in air transportation;

(2) Two (2) members must have extensive training and experience of
at least ten (10) years in maritime transportation;

(3) Two (2) members must have extensive training and experience of
at least ten (10) years in land transportation; and

(4) One (1) member must have extensive training and experience in
rail transportation.

(d) The members of the NTSB must also have adequate knowledge in

investigation, analysis and evaluation of transportation accidents,

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particularly in the field of accident reconstruction, evaluation of evidence
and transportation safety.

SEC. 5. Chairperson. — The Chairperson of the NTSB shall be the
chief executive officer and shall exercise the executive and administrative
functions thereof with respect to the appointment and supervision of
personnel employed by the NTSB, distribution of functions among any
administrative units of the NTSB and the use and expenditure of funds.

The members of the NTSB will choose from among themselves an
acting Chairperson in the event of absence or incapacity of the Chairperson.

SEC. 6. Appointment of NTSB Members. — The President of the
Philippines shall appoint the first members of the NTSB within sixty (60)
days from the effectivity of this Act. Any vacancy in the NTSB shall also be
filled within sixty (60) days from the date the vacancy first arises.

SEC. 7. Term of Office. — All members of the NTSB shall have a
fixed term of six (6) years without reappointment. Of those first appointed,
the Chairperson shall hold office for six (6) years, two (2) members shall
hold office for four (4) years and the remaining two (2) members shall hold
office for two (2) years, without reappointment. Upon the expiration of the
term of a member of the NTSB, the said member shall continue to serve
until a successor is appointed and shall have qualified. Appointment to any

vacancy shall only be for the unexpired term of the predecessor.


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No member of the NTSB shall hold concurrently any other
government office or position or be employed in any government-owned or
controlled corporation or entity.

Members of the NTSB may be removed by the President for cause as
provided for by law.

SEC. 8. Prohibited Interests. — The Chairperson and members of the
NTSB or any of their relatives within the fourth civil degree of
consanguinity or affinity, legitimate or common law, shall be prohibited
from holding any interest whatsoever, either as investor, stockholder, officer
or director, in any company or entity engaged in air, maritime, land and rail
transportation, whether scheduled or unscheduled, passenger or cargo,
domestic or international, or in any business providing support services to
persons engaged in areas such as general sales agencies, travel agencies,
cargo forwarders, ground handling, catering, fuel servicing, maintenance,
and must divest, through sale or legal disposition, of any and all interests in
such undertakings upon assumption of office. Any violation of this section
shall subject the member concerned to removal from the NTSB for cause as
well as administrative, civil or criminal prosecution under applicable laws.

SEC. 9. Quorum. — The presence of at least three (3) members of the
NTSB shall constitute a quorum and the majority vote of two (2) members

in a meeting where a quorum is present shall be necessary for the adoption


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of any rule, ruling, order, resolution, decision or other act of the NTSB in the
exercise of its functions.

SEC. 10. Compensation. — The salary of the Chairperson and the
members of the NTSB shall be the same as those of the Chairperson and
Members of the different Constitutional Commissions. They shall also be
entitled to computable representation and transportation allowances in the
amount of not less than Five thousand pesos (P5,000.00) each per month.
The salary of the Chairperson and Members of the NTSB shall not be
decreased during their tenure.

SEC. 11. Offices of the NTSB. — The NTSB shall establish and
maintain distinct and appropriately staffed bureaus, divisions or offices to
investigate and report on accidents in any of the following modes of
transportation: a) air; b) maritime; c) land; and d) railroad or tracked
vehicles.

The NTSB shall also establish and maintain any other office as is
needed, including an office to investigate and report on the safe
transportation of hazardous, toxic or waste materials.

SEC. 12. Personnel. — Subject to civil service laws, rules and
regulations and the approval of the Department of Budget and Management,
the NTSB is authorized to determine its own staffing pattern and the number
of personnel of the organization. The NTSB is also authorized, in

accordance with existing laws and policies, to select, appoint, employ, and

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fix the compensation of such officers and employees, including
investigators, and attorneys, as shall be necessary to carry out its powers and
duties.

SEC. 13. Seal. — The NTSB shall have a seal which shall be officially

recognized.

CHAPTER IIL
POWERS AND FUNCTIONS

SEC. 14. Powers of the NTSB. — The NTSB shall exercise the
following powers:

a) The NTSB, or upon authority of the NTSB, any member
thereof, or any officer or employee duly designated by the chairperson, may
conduct such hearings, sit and act as such times and places, administer such
oaths and require by subpoena or subpoena duces tecum the attendance and
testimony of such witnesses and the production of such evidence as the
NTSB or such officer may deem necessary. Subpoenas shall be issued
under the signature of the chairperson, and may be served by the person
designated by the chairperson.

b) Any employee of the NTSB, upon presenting appropriate
credentials and a written notice of inspection authority, is authorized to enter
any property wherein a transportation accident has occurred or wreckage of

any such accident is located and do all things therein necessary for the

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proper conduct of investigation. The employees may inspect, at reasonable
times, records, files, processes, controls and facilities relevant to the
investigation of such accident. Each inspection shall commence and be
completed with reasonable promptness and the results of such inspection
made available to the public within a reasonable time;

c) In case of contumacy or refusal to obey a subpoena, an order, or
an inspection notice of the NTSB or any duly designated employee thereof,
by any person who resides, is found, or transacts business within the
jurisdiction of the Philippines, may be required to comply forthwith by a
court of competent jurisdiction, upon the petition of the NTSB. Failure to
obey such an order is punishable by such court as contempt of court;

d) The NTSB is authorized to enter into such contracts, leases,
cooperative agreements, or other transactions as may be necessary in the
conduct of the functions and the duties of the NTSB under this Section, with
any government entity or any person;

e) The NTSB is authorized to:

1) Use, on a reimbursable basis or otherwise, when appropriate,
available services, equipment, personnel and facilities of the
Department of Transportation, the Department of National Defense, the
Department of Public Works and Highways, including their attached
agencies, and other agencies and instrumentalities of the government in

the conduct of its investigations;


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2) Employ recognized experts and consultants on the accidents
under investigation who shall be paid by compensation fixed by the
NTSB: Provided, That not more than two consultants shall be
appointed for each incident being investigated;

3) Create advisory committees composed of qualified private
citizens and government officials as it deems necessary or appropriate;

4) Accept voluntary and uncompensated services notwithstanding
any other provision of law; and

5) Accept gifts or donations of money or property, including real,
personal, mixed, tangible or intangible; and enter into contracts with
public or private non-profit entities for the conduct of studies related to
any of its functions.

f) The NTSB may order any autopsy to be performed and have
other tests made when necessary to investigate an accident. However, local
or national laws protecting religious beliefs related to autopsies shall be
observed to the extent consistent with the needs of the accident
investigation. With or without reimbursement, the NTSB may obtain a copy
of an autopsy report performed by a State or local official on an individual
who died because of a transportation accident investigated by the NTSB;

g) As soon as practicable after being notified of a transportation
accident within the Philippines involving a domestic or foreign air carrier,

domestic or foreign passenger or cargo ship, land based mass transit system

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which results in the loss of lives or significant damage to property or to the

environment, the NTSB shall:

1) Designate and publicize the name and phone number of the
Director of the Office for Public Affairs or Support Services, which
shall be created pursuant to this Act, who shall be an employee of the
NTSB and shall be responsible for acting as a point of contact within
the Government for the families of passengers involved in the accident
and a liaison between the carrier and the families;

2) Designate the Department of Social Welfare and Development
(DSWD) or an independent non-governmental organization (NGO),
with experience in disasters and post-trauma communication with
families, which shall have primary responsibility for coordinating the
emotional care and support of the families of passengers involved in the
accident;

3) Meet with the families who have traveled to the location of the
accident, to contact the families unable to travel to such location, and to
contact all affected families periodically thereafter until such time as
the NTSB, in consultation with the DSWD, determines that further
assistance is no longer needed;

4) Communicate with the families as to the roles of the NTSB,
government agencies, and the carrier involved with respect to the

accident and the post-accident activities; and


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5) Request, as soon as practicable, from the carrier involved in the
accident a list, which is based on the best available information at the
time of the request, of the names of the passengers that were aboard the
transport involved in the accident.

h) To the extent practicable, the NTSB shall coordinate its
activities with the carrier involved in the accident so that the resources of the
carrier can be used to the greatest extent possible to carry out the Board’s
responsibilities;

i) Whenever the NTSB submits or transmits any budget estimates,
budget request, supplemental budget estimate, or other budget information,
legislative recommendation, prepared testimony for Congressional hearings,
or comment on legislation to the President or the Department of Budget and
Management, it shall concurrently transmit a copy thereof to the Congress.
No officer or agency of the government shall have any authority to require
the NTSB to submit its budget requests or estimates, legislative
recommendations, prepared testimony for congressional hearings, or
comments on legislation to any officer or agency of the National
Government for approval, comments, or review, prior to the submission of
such recommendations, testimony, or comments to the Congress;

a) The NTSB is empowered to designate representatives to serve
or assist on such committees as the Chairperson determines to be necessary

or appropriate to maintain effective liaison with executive departments,


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other government agencies, and with independent standard setting bodies
carrying out programs and activities related to transportation safety;

k) The NTSB or any employee of the NTSB duly designated by
the Chairperson, may conduct an inquiry to secure data with respect to any
matter pertinent to transportation safety, upon publication of notice of such
inquiry in the Official Gazette or newspaper of general circulation; and may
require, by special or general orders, government agencies and persons
engaged in the transportation of people or property in commerce to submit
written report and answers to such requests or questions as are propounded
with respect to any matter pertinent to any function of the NTSB. Such
reports and answers shall be submitted to the NTSB or to such employee
within a reasonable period of time as the NTSB may determine. Copies
thereof shall be made available for inspection by the public;

ny The NTSB may delegate any of its power and functions to the
heads of the different bureaus, divisions or offices of NTSB to further
facilitate the implementation of the provisions of this Act;

m) Establish such rules and regulations as may be necessary to the
exercise of its powers and functions under this Act.

SEC. 15. Functions of the NTSB. — The NTSB shall be the primary
government body to conduct accident investigations in accordance with the
provisions of this Act.

The following are the primary functions of the NTSB:


a) Investigate or cause to be investigated, in such details as it shall
prescribe, and determine the facts, conditions, and circumstances and the
cause or probable cause or causes of the following accidents resulting to a

fatality or substantial property damage:

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1) Aircraft accident, except those involving aircraft operated by
the Armed Forces of the Philippines and law enforcement agencies, or
occurring within military sites in the Philippines, or an accident
involving solely an aircraft of the armed forces of any foreign country
occurring in the Philippines, which shall be the responsibility of the
military. For the purpose of this Act, the term “military sites” means
those areas within the Philippines which are under the control of the
military of the Philippines or the military of another country.;”

2) Land transportation accident;

3) Railway accident;

4) Maritime accident, except those involving only vessels used by
the Armed Forces of the Philippines, occurring on the navigable waters
or territorial seas of the Philippines, or involving a vessel of the
Philippines, in accordance with the regulations to be prescribed jointly
by the NTSB and the Secretary of Transportation in which the Coast
Guard is operating. Any maritime accident involving a public vessel
and any other vessel shall be investigated and the facts, conditions, and

circumstances, and the cause or probable cause determined and made

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available to the public by either the NTSB or the Secretary of
Transportation; and

5) Other accidents which occur in connection with the
transportation of people or property, equipment or hazardous materials
which, in the judgment of the NTSB, is catastrophic, involve problems
of a recurring character, or would otherwise carry out the above-stated
policy of the State. Nothing therein shall prevent the NTSB from
making further inquiries on accidents already investigated by existing
accident-investigating bodies. Furthermore, the NTSB may require the
submission of their records, reports, findings and recommendations of
past investigations.

b) Report in writing on the facts, conditions, and circumstances of
each accident investigated pursuant to paragraph (a) of this section and
cause such reports to be made available to the public and cause notice of the
issuance and availability of such reports when already published in the
Official Gazette or a newspaper of general circulation;

c) Issue periodic reports to Congress and government agencies
concerned with transportation safety, and other interested persons
recommending and advocating meaningful responses to reduce the
likelihood of recurrence of transportation accidents similar to those

investigated by the NTSB and proposing corrective steps to make the


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transportation of persons and goods as safe and free from risk of injury or
loss as possible;

d) Make transportation safety recommendations to national
agencies and private organizations to reduce the likelihood of recurrences of
transportation accidents;

e) Initiate and conduct special studies and special investigations
on matters pertaining to safety in transportation;

f) Assess and reassess techniques and methods of accident
investigation, prepare and publish from time to time recommended
procedures for accident investigations;

2) Evaluate, assess the effectiveness, and publish the findings of
the NTSB with respect to the transportation safety consciousness and
efficacy in preventing accidents of other government agencies, as well as
promote transportation safety consciousness in both the national and local
governments;

h) _ Evaluate the adequacy of safeguards and procedures concerning
the transportation of hazardous materials and the performance of carriers and
other government agencies charged with assuring the safe transportation of
such materials;

i) Gather, analyze and survey, and keep data and statistics related

to transportation accidents; and

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i) Prepare and submit annual reports which shall include specific
proposals for corrective legislation to the Department of Transportation,
with copies simultaneously furnished to the appropriate committees of the
Senate and the House of Representatives.

Other government agencies mandated to investigate concurrently the
accidents mentioned in this section shall coordinate with the NTSB in the
performance of its functions. In addition, it shall give full support to the
actions and policies dictated by the NTSB during the conduct of
investigations.

CHAPTER IV
SPECIAL BOARD OF INQUIRY
AND SAFETY RECOMMENDATIONS

SEC. 16. Special Board of Inquiry. — (a) If an accident involves a
substantial question about public safety, the NTSB may establish a special
board of inquiry composed of the following:

i) One (1) member of the NTSB acting as chairperson;

ii) Two (2) members representing the public, appointed by the
President of the Philippines on notification of the creation of the
special board of inquiry.

(b) The public members of a special board of inquiry must be

qualified by training and experience to participate in the inquiry and may


not have a pecuniary interest in an enterprise related to the mode of
transportation involved in the accident to be investigated.

(c) A special board of inquiry has the same authority that the
NTSB has under this Act.

SEC. 17. Recommendations of the NTSB. — The NTSB shall
recommend to the Secretary of Transportation the recall of any defective
conveyance and to cause the installation of the required part or parts to make
it safe and notify not only the distributor or purchasers but also the public of
such defect. It shall also recommend the grounding of any defective
conveyance pending the investigation of the cause or nature of its defect.
Moreover, the NTSB may also recommend the denial, amendment,
modification, suspension, or revocation of a certificate of public
convenience, registration or franchise if the modes of conveyance, including
the transportation activities of a commercial carrier, have been found
negligent in ensuring transportation safety.

Wherever the NTSB submits a recommendation regarding
transportation safety to the Secretary of Transportation, the Secretary shall
respond to each such recommendation formally and in writing not later than
thirty (30) days after receipt thereof. The response to the NTSB by the

Secretary shall indicate any intention to:


i) Initiate and conduct procedures for adopting — such
recommendation in full, pursuant to a proposed timetable, a copy
of which shall be included;

ii) Initiate and conduct procedures for adopting such
recommendation in part, pursuant to a proposed timetable, a copy
of which shall be included. Such response shall set forth in detail
the reasons for the refusal to proceed as to the remainder of such
recommendation; and

iii) Refuse to initiate or conduct procedures for adopting such
recommendation. Such response shall set forth in detail the
reasons for such refusal.

SEC. 18. Use of Reports in Actions for Damages. — No part of any
report of the NTSB relating to any accident or the investigation thereof, shall
be admitted as evidence or used in any suit or action for damages arising out
of any matter mentioned in such report or reports. Furthermore, the NTSB
shall have immunity from suits arising from its investigation,
pronouncements and findings.

CHAPTER V
MISCELLANEOUS PROVISIONS

SEC. 19. Relationship with Other Government Agencies. — Nothing

in this Act shall deprive other government agencies from performing their

function of investigating transportation accidents as required by existing

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laws or making inquiries thereon: Provided, That the NTSB shall be the
primary investigator of any transportation accident enumerated under
Section 15 of this Act and the NTSB may request assistance from other
government agencies in conducting its investigation.

The NTSB, at its discretion, may require the submission of the
records, findings and recommendations of the appropriate agency with
regard the investigation or inquiry conducted. For this purpose, the
concerned agency shall submit to the NTSB, within fifteen (15) days from
receipt of the order, said records, findings and recommendations.

In the exercise of its powers, the NTSB shall take into consideration
the provisions of any treaty entered into by the Republic of the Philippines
with other countries relative to the investigation of accidents over which the
NTSB assumed jurisdiction.

SEC. 20. Annual Report. — The NTSB shall submit to both Houses of
Congress an annual report at the end of each year. Such report shall include
the following:

a) A statistical and analytical summary of the transportation
accident investigations conducted and reviewed by the NTSB during the
preceding calendar year;

b) A survey and summary, in such detail as the NTSB deems

advisable, of the recommendations made by the NTSB to reduce the


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likelihood of recurrence of such accidents together with the observed
response to each recommendation;

c) An appraisal in detail of the accident investigation and accident
prevention activities of other government agencies charged by law with
responsibility in this field; and

d) Recommendations for legislative and administrative actions or
changes with respect to transportation safety.

SEC. 21. Fiscal Autonomy. — The NTSB shall enjoy fiscal
autonomy. Their approved annual appropriations shall be automatically and
regularly released.

SEC. 22. Appropriations. - The NTSB shall receive an appropriation
in the amount of Thirty Million Pesos (P30,000,000.00) to finance its
operation for the first year to be appropriated out of the funds of the National
Treasury not otherwise appropriated. Thereafter, such amounts as may be
necessary and sufficient to finance its operations and activities shall be
included in the annual General Appropriations Act.

CHAPTER VI
FINAL PROVISIONS

SEC. 23. Separability Clause. — If any provision or part of this Act is

declared invalid or unconstitutional, the remaining parts or provisions not

affected shall remain in full force and effect.

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SEC. 24. Repealing Clause. — All laws, decrees, orders,
proclamation, rules and regulations, or parts thereof, which are inconsistent
with any of this Act are hereby repealed, amended, or modified accordingly.

SEC. 25. Effectivity. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) national newspapers
of general circulation.

Approved,

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