NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO. 1136
fcS;;) senate
of fhc sfef'n rtiU'
H AUG 11 P5 :13
RECEIVED BV;
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
MANDATING THE DUTY TO RENDER ASSISTANCE AT SEA IN 
ACCORDANCE WITH RELEVANT INTERNATIONAL 
CONVENTIONS AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The parable of the Good Samaritan tells the story of a man travelling 
from Jerusalem to Jericho who was attacked by thieves who robbed him of his 
clothes and wounded him. While others merely passed by him, a Samaritan 
tended to his wounds with oil and wine, brought him to an inn, and took care of 
him.1
In the maritime context, the United Nations Convention on the Law of 
the Sea provides for the duty “to render assistance to any person found at sea 
in danger of being lost,” or “to proceed with all possible speed to the rescue of 
persons in distress.”2 Furthermore, in case of a collision, assistance should also 
be rendered to the other ship. Applicable in all these scenarios is the need to 
ensure that the rendering of assistance shall be done if there is a determination 
that the assistance shall not cause serious danger to the assisting ship, its crew, 
and passengers.
In the Philippines, the fishing boat Gem-Ver was rammed by a Chinese 
vessel near Recto Bank within the Philippines’ exclusive economic zone, three 
years ago. This incident left twenty-two (22) Filipino boat crew members 
abandoned at sea for at least two (2) hours before being rescued by a passing
1 Luke 10:25-37.
2 Article 98,1982 United Nations Convention on the Law of the Sea.


Vietnamese fishing boat.3 The Philippines, through the Department of Foreign 
Affairs, expressed its gratitude to Vietnam for the rescue of the Filipino 
fishermen at sea.4
It is in light of this and similar incidents that this bill seeks to provide for 
a domestic law that will provide the applicable rules of conduct in case of 
accidents at sea. Among others, this bill seeks to ensure that aid will come to 
distressed ships and its passengers by providing for the enabling law that will 
allow the execution and implementation of (i) the United Nations Convention on 
the Law of the Sea (UNCLOS), particularly Article 98, on the duty to render 
assistance, and (ii) the relevant provisions of the International Convention for 
the Safety of Life at Sea. Under this bill, all vessels, regardless of the Flag State, 
navigating the territorial sea, archipelagic waters, and internal waters of the 
Philippines, and all Philippine-flagged vessels navigating in the contiguous 
zone and exclusive economic zone of the Philippines, and the high seas, shall 
have the duty to render the necessary assistance to ships in distress or to 
proceed to the rescue of persons in distress. This bill also provides penalties 
for the failure to render assistance to distressed ships, when able.
With a total of 483 accidents or incidents investigated by the Maritime 
Industry Authority from 2016 to 2020, 81 of which were classified as “very 
serious accidents,”5 it becomes imperative to provide the enabling law giving 
life to the country’s international commitments and assure that assistance shall 
come to those that need it.
Thus, the immediate passage of this bill is earnestly sought.
SENATOR J0JEL VILLANUEVA
3 April 28, 2022. Gem-Ver fishing boat crew rammed by Chinese vessel in Recto Bank to get P6 million. Inquirer. 
Accessible at https://newsinfo.inquirer.net/1589449/filipinos-on-qem-ver-fishinq-boat-rammed-bv-chinese-vessel-to- 
qet-p6-million (last accessed August 7, 2022).
4 July 10, 2019. DFA Chief thanks Vietnam for rescue of 22 fishermen. PhilStar. Accessible at 
https://www.philstar.eom/headlines/2019/07/10/1933571/dfa-chief-thanks-vietnam-rescue-22-
fishermen?fbclid=lwARODfOUmPFxElrQOetMGMOV 5F-16Cu22aizBFYazvcMoBBPiS h2fAoshY (last accessed 
August 7, 2022).
5 MARINA Statistical Report 2016-2020. MARINA. Accessible at https://marina.gov.ph/vvp-content/uploads/2()21/11/2016- 
2020-MARlNA-Statisticsl-Report tbr-posting.pdf. (date last accessed: August 8, 2022).


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE 
S.B. No. 1136
of tljp j£;ea-ffiU;>
‘22 AUG 11 P5 ‘13
ri;ce;vidbv.
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
MANDATING THE DUTY TO RENDER ASSISTANCE AT SEA IN 
ACCORDANCE WITH RELEVANT INTERNATIONAL CONVENTIONS 
AND FOR OTHER PURPOSES
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the “Good Samaritan at 
Sea Law”
SEC. 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 ratified by the Philippine 
Government, including, but not limited to, the United Nations Convention 
on the Law of the Sea (UNCLOS) and the 1974 International Convention 
for the Safety of Life at Sea (SOLAS), that cover safety of life at sea and 
comply with its duties and obligations to the international community as a 
State party; and
b) 
The State shall ensure that unlawful acts committed in waters forming part 
of the national territory and those over which the country has sovereignty 
and jurisdiction are prevented, detected, and penalized to ensure a safe 
maritime environment as well as safeguard lives and properties.
SEC. 3. Scope of Application. - This Act shall apply to all vessels navigating 
in the territorial sea, archipelagic waters and internal waters of the Philippines, and all 
Philippine-flagged vessels navigating in the contiguous zone and exclusive economic 
zone of the Philippines and the high seas.
SEC. 4. Definition of Terms. - As used in this Act:


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a) 
Assistance may include, but not limited to, search, rescue, towage or 
medical treatment, as may be applicable;
b) 
Distress refers to a situation wherein there is a reasonable certainty that 
a person, a vessel, or other craft is threatened by grave and imminent 
danger and requires immediate assistance;
c) 
Master or Master of the Ship refers to a person having command of a 
ship; and
d) 
Requisition refers to the temporary takeover or command of the ship, 
with the consent of the master of a ship in distress, and the search and 
rescue service concerned of the Philippine Coast Guard, solely for the 
purpose of rendering assistance to a ship in distress.
SEC. 5. Duty to Render Assistance. -
a) 
The master of a ship, insofar as he or she can do so without serious 
danger to the ship, the crew, or the passengers onboard, has the duty to:
1) 
Render assistance to any person or persons found at sea in danger 
of being lost; or
2) 
Proceed with all possible speed to the rescue of persons in distress, 
upon receiving a signal from any source that such persons are in 
distress, or if otherwise informed of their need of assistance, insofar 
as such action may reasonably be expected of him or her;
b) 
After a collision or other incidents of navigation, the master of a ship that 
caused, or is involved in, the incident shall render assistance to the other 
ship, its crew and its passengers, and where possible, to inform the other 
ship of the name of his or her own ship, its port of registry and the nearest 
port at which it will call;
c) 
If applicable, the master of a ship, and the ship’s crew and passengers 
shall accommodate embarked persons in distress at sea within the 
capabilities and limitations of the ship. The master of a ship shall 
coordinate with relevant authorities and arrange for the disembarkation 
to a place of safety of persons rescued as soon as reasonably 
practicable.
SEC. 6. Coordination in Rendering Assistance. - The master of the ship 
answering a distress signal shall, as far as possible, inform the ship in distress and 
the appropriate search and rescue service of the Philippine Coast Guard that his or 
her ship is proceeding with all possible speed to render assistance to the ship in 
distress.
In case of collision or other incidents of navigation, the ship rendering 
assistance to the other ship involved in the incident shall, as much as possible, also


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inform the appropriate search and rescue service of the Philippine Coast Guard of the 
incident and the status of the assistance being provided by it.
SEC. 7. Inability or Failure to Render Assistance. -
a) 
If the ship receiving the distress alert is unable, or in the special 
circumstances of the case, considers it unreasonable or unnecessary to 
proceed to their assistance, or the giving of assistance would cause 
serious danger to the ship, the crew or the passenger, the master must 
enter in the logbook the reason for failing to proceed to the assistance of 
the persons or ships in distress, and accordingly inform immediately the 
appropriate search and rescue service of the Philippine Coast Guard;
b) 
The master of the ship shall be released from the obligation to render 
assistance provided in Section 5 of this Act upon compliance with the 
requirement of entering in the logbook the reason for the inability or failure 
to render assistance and informing the appropriate search and rescue 
service of the Philippine Coast Guard of his or her ship’s inability or failure 
to render such assistance.
SEC. 8. Requisition. - The master of a ship in distress, the Philippine Coast 
Guard, or the search and rescue service concerned, after consultation, so far as may 
be possible, with the master/s of the ship/s which answers the distress alert, has the 
right to requisition one or more of those ships as they consider best able to render 
assistance.
a) 
It shall be the duty of the master/s of the ship/s requisitioned to comply by 
continuing to proceed with all speed to the assistance of persons in 
distress in accordance with this Act;
b) 
The master/s of a requisitioned ship/s shall be released from the obligation 
imposed by Section 5 of this Act upon learning that their ship or ships have 
not been requisitioned and that one or more ships have been requisitioned 
and are complying with the requisition. This decision shall, if possible, be 
communicated to the other requisitioned ships and to the concerned 
search and rescue service of the Philippine Coast Guard;
c) 
The master of a ship shall be released from the obligation imposed under 
Section 5 of this Act, and, if his or her ship has been requisitioned, from 
the obligation imposed by Section 8(a) on being informed that assistance 
is no longer necessary by the person or persons in distress, the concerned 
search and rescue service of the Philippine Coast Guard, or the master of 
another ship which has reached such persons.
SEC. 9. Penalties. -
a) Failure to comply with any of the obligations provided in Sections 5 and 
8(a) shall be punishable by a fine of not less than One Hundred Thousand 
Pesos (Php100,000.00) but not more than One Million Pesos 
(Php1,000,000.00), depending on the size of the vessel or ship as defined


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in the implementing rules and regulations of this Act. If the violator is the 
cause or part of the vessel or ship that caused the distress at sea, collision 
or any other incident of navigation, the fine shall not be less than One 
Million Pesos (Php1,000,000.00) but not more than Five Million Pesos 
(Php5,000,000.00), depending on the size of the vessel or ship to be 
defined in the implementing rules and regulations of this Act;
b) 
If the failure to render assistance as provided in Sections 5 and 8(a) is 
committed within internal waters, archipelagic waters or territorial sea, an 
additional penalty of imprisonment of not less than six (6) months but not 
more than one (1) year shall be imposed solidarily on the shipowner, 
master, and/or their representative/s. If the violator is the cause or part of 
the ship that caused the distress at sea, collision or any other incident of 
navigation, an additional penalty of imprisonment of not less than one (1) 
year and one (1) day but not more than two (2) years shall be imposed;
c) 
Repeat offenders or violators shall be dealt with the maximum penalties 
provided herein;
d) 
No foreign national shall be deported without the payment of the fines 
and/or service of sentence imposed by the court provided herein; and
e) 
The penalties provided herein is without prejudice to the disciplinary or 
administrative proceedings that may be conducted against the master of 
the ship or any other person in the service of the ship, leading to either the 
revocation or suspension of his or her license or certificate of competence, 
pursuant to relevant laws, rules and regulations.
SEC. 10. Jurisdiction and Venue. - The criminal action for failure to render 
assistance as provided in Sections 5 and 8(a) in relation to Section 8 shall be instituted 
and tried in any of the following venues:
a) 
The Regional Trial Court of the city or municipality nearest to the place or 
maritime zone where the crime was committed;
b) 
The Regional Trial Court of the city or municipality which is the first port of 
entry of the ship under the command of a master or officer of the ship who 
committed the crime; or
c) 
The Regional Trial Court of Manila.
SEC. 11. Implementing Rules and Regulations. - Within ninety (90) days 
from the effectivity of this Act, the PCG, in coordination with concerned agencies, and 
upon consultation with relevant stakeholders, shall formulate the rules and regulations 
for the effective implementation of this Act.
SEC. 12. Repealing Clause. - AW laws, presidential decrees, executive orders, 
presidential proclamations, rules and regulations or parts thereof contrary to or 
inconsistent with this Act are hereby repealed, superseded or modified accordingly.


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SEC. 13. Separability Clause. - Any portion or provision of this Act that may 
be declared unconstitutional or invalid shall not have the effect of nullifying other 
portions or provisions hereof, as long as such remaining portions or provisions can still 
subsist and be given effect in their entirety.
SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,