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FOURTEENTH CONGRESS OF THE REPUBLIC 
Second Regular Session 
) 
8 
JUN 26 P3 :?I 
) 
OF THE PHILIPPINES 
) 
Introduced by Senator Biazon 
EXPLANATORY NOTE 
Webster’s dictionary defines “disaster” as a sudden calamitous event 
producing great material damage, loss and distress. It is a disturbing fact that 
disasters have remained a constant problem in the transportation industry, be it 
air, land or sea. Needless to say, these tragedies cause so much unnecessary 
damage to lives and properties. 
When transportation accidents happen, investigations are normally 
undertaken by the very same government agencies that may have been remiss 
in their duties in the first place. To address this problem and to advance 
transportation safety consciousness, there is an urgent need to create the 
National Transportation and Safety Board (NTSB) which shall be an independent 
and non-regulatory agency to ensure thorough and impartial investigations of 
transportation accidents. It shall be primarily responsible for the analysis, 
evaluation and prevention of air, overland and marine transportation accidents, to 
include railway and pipeline systems, for the effective promotion of safety and 
prevent loss of life and property. Briefly, the mission of this Board is to engage in 
the investigation and determine probable cause(s) of transportation accidents, 
the issuance of safety recommendations and special studies directed at 
preventing recurrence of such accidents and evaluating the effectiveness of 
concerned government agencies in preventing transportation accidents. 
The creation of an independent government agency to promote 
transportation safety by conducting independent accident investigations and by 
formulating safety improvement recommendations has come of age in the 
Philippine transport system. As envisioned, the proper conduct of responsibilities 
assigned to this independent Board requires vigorous investigation of major 
accidents involving all types of public utility vehicles or vessels regulated by other 
agencies of government. It demands continuous review, appraisal, and 
assessment of the operating practices and regulations of all such agencies. It 
also envisions calling for the making of conclusions and recommendations that 
may be critical of or adverse to any such agency and its officials. 
No government agency can properly perform such function unless it is 
totally separate and independent from any other department, bureau, 
commission, or agency. The current regulatory agencies involved in the transport 
industry cannot be expected to conduct a thorough and impartial investigation on 
any major accident for the simple reason that such agencies may be themselves 
liable due to the improper or lack of implementation of pertinent laws, rules and 
regulations regarding safety. 
The importance and necessity of safe transporktalion system in our country 
cannot be overemphasized. The enactment of this measure is expected to 
ensure that all modes of transportation in the Philippines are conducted safely. 


We believe that the NTSB will be an effective vehicle for the realization of such a 
need. 
Therefore, the passage of this bill is strongly recommended. 
2 


FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
8 JUN 26 P3 3 1  
OF THE PHILIPPINES 
) 
Second Regular Session 
1 
AN ACT 
CREATING 
A 
NATIONAL 
TRANSPORTATION 
SAFETY 
BOARD, 
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
"National Transportation Safety Board Act of 2008." 
SEC. 2. Declaration of Policy. - It is the policy of the State to prevent 
accidents and save lives and property in transportation; promote safety in the 
transportation of people, property and goods by conducting independent accident 
investigations; by continuous and objective review, appraisal and assessment of 
operating practices and regulations of government agencies implementing 
transportation laws; and, by formulating and promulgating safety improvement 
standards for observance and implementation, by said agencies and concerned 
private sectors. 
SEC. 3. Creation. There is hereby created a National Transportation 
Safety Board, a non-regulatory and independent agency hereinafter referred to 
as the Board, to implement the foregoing policies of the State. For administrative 
purposes, the Board shall be attached to the Office of the President. 
SECTION 1. Shod Title. - This act shall be known and cited as the 
SEC. 4. Objectives. -The Board shall have the following objectives: 
(a) 
To prevent future accidents, save lives and reduce injuries and 
property damages; 
To ensure that survivors and families of victims of transportation 
accidents receive timely and compassionate assistance from the 
operators, other government agencies, and community service 
organizations; 
To ensure implementation of safety standards in the transportation 
industry; and 
(b) 
(c) 
(d) 
To conduct thorough accident and incident investigations, 
determine the probable causes, and publish accident reports and 
safety studies. 
SEC. 5. Structure and Organization. - The Board shall be composed of 
five (5) full-time members, including a Chairman and a Vice-chairman. All the 
members of the Board shall have extensive training and experience in the 
respective field of our marine, air, overland and rail transportation systems, and 


each must have adequate knowledge in investigation, analysis, and evaluation of 
transportation accidents, particularly in the field of accident reconstruction, safety 
engineering, or transportation safety. 
Members of the Board shall be appointed by the President of the 
Philippines for a term of six (6) years. Of those first appointed, two members 
shall hold office for six years, two members for four years, and the last member 
for two years. Appointment to any vacancy shall be only for the unexpired term of 
the predecessor. In no case shall any Member be appointed or designated in a 
temporary or acting capacity. Any member of the Board may be removed by the 
President for inefficiency, neglect of duty, malfeasance in office or any other legal 
cause. 
No member of the Board shall concurrently hold any other government 
office or position, or be employed in any government-owned or controlled 
corporation or entity or any private, business enterprise whose interest may be in 
conflict with the Board’s function and duties. 
The Chairman shall be the chief executive officer of the Board 
Three (3) members of the Board shall constitute a quorum for the 
transaction of any function of the Board. 
The Board shall establish and maintain distinct and appropriate staffed 
bureaus, divisions, or offices to investigate and report on accidents involving 
each of the following modes of transportation: (a) aviation; (b) maritime; and (c) 
overland including railroad and tracked vehicles. 
SEC. 6. Office of the Executive Director. - The Board shall have an 
Executive Director who shall be appointed by the President of the Philippines 
upon recommendation of the Board. The Managing Director shall have the 
following functions: 
(1) 
Assist the Chairman in the discharge of his functions as 
executive and administrative head of the Board; 
Coordinate and direct the activities of the staff and is 
responsible for the day-to-day management of the affairs 
and activities of the Board; 
Recommend and develop plans to achieve the Board’s 
objectives; and 
Provide secretariat services to the Board 
(2) 
(3) 
(4) 
SEC. 7. Compensafion. -The salary of the Chairman and the members of 
the Board shall be the same as those of the Chairman and Members of the 
different Constitutional Commissions. The salary of the Chairman and Members 
of the Board shall not be decreased during their tenure. 
SEC. 8. Personnel. - Subject to civil service laws, rules and regulations, 
the Board is authorized to select, appoint, employ, and fix the compensation of 
such officers and employees, including investigators and attorneys, as shall be 
necessary to carry out its powers and duties. 
SEC. 9. Duties and Powers of the Board. - The primary function of the 
Board is to promote safety in transportation. 
4 


(A) Duties of the Board. - The Board shall: 
(1) Investigate and determine the facts, conditions, and circumstances and 
the cause or probable cause or causes of any air, overland and maritime 
accidents. 
Nothing herein shall prevent the Board from making further inquiries on 
accidents already investigated by existing accident-investigating bodies. 
Furthermore, the Board may require the submission of their records, reports, 
findings and recommendation of past investigation. 
The Board shall be the primary government body to conduct accident 
investigations under its jurisdiction. Other agencies mandated to investigate 
concurrently such accidents shall coordinate with the Board in the performance 
of its functions. In addition, it shall give full siipport to the actions and policies 
dictated by the Board during the conduct of such investigations. 
(2) Report on the facts, conditions, and circumstances of each accident 
investigated pursuant to paragraph (1) of this subsection and cause such reports 
to be made available to the public; 
(3) Issue periodic reports to Congress and government agencies 
(4) Make transportation safety recommendations to national agencies and 
private organizations to reduce the likelihood of recurrences of transportation 
accidents; 
concerned with transportation safety; 
(5) Initiate and conduct special studies and investigations on matters 
pertaining to safety in transportation; 
(6) Assess and evaluate techniques and methods of accident investigation 
and prepare and publish from time to time recommended procedures for accident 
investigations; 
(7) Evaluate and publish the findings of the Board with respect to the 
transportation safety consciousness and effectiveness in preventing accidents of 
other government agencies, as well as promote transportation safety 
consciousness in both the national and loczl government; 
(8) 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; 
(9) Prepare and submit annual reports which shall include specific 
proposals for corrective legislation to the Department of Transportation and 
Communications, with copies simultaneously furnished to the appropriate 
committees of the Senate and House of Representatives; 
(B) Powers of the Board. - (1) The Board 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 Board or such officer may 
deem necessary. Subpoenas shall be issued under the signature of the 
Chairman and may be served by any person designated by the Chairman. 
5 


(2) Any employee of the Board, upon presenting appropriate credentials 
and a written notice of inspection authority, is authorized to enter any property 
where a transportation accident has occurred, or where wreckage is found, or 
where any such accident is located, and do all things necessary for the proper 
conduct of investigation. The employees may inspect, at a reasonable time, 
records, files, processes, controls and facilities relevant to the investigation of 
such accident. Each inspection shall be commenced and completed with 
reasonable promptness and the results of such inspection be made available to 
the concerned parties. 
(3) The Board shall have the power to cite for contempt any person In 
case of contumacy or refusal to obey a subpoena, an order, or an inspection 
notice of the Board or any duly designated employee thereof. 
(4) The Board 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 Board under this Section, with any 
government entity or any person. 
(5) The Board is authorized to: 
Use, on a reimbursable basis or otherwise, when appropriate, 
available services, equipment, personnel and facilities of the 
Department 
of 
Transportation 
and 
Communication, 
the 
Department of National Defense, the Department of Interior and 
Local Government, the Department of Public Works and 
Highways and other agencies and instrumentalities of the 
government in the conduct of its investigation. 
(b) Employ recognized experts and consultants on the accidents 
under 
investigation who shall be paid by compensation fixed 
by the Board: Provided, That no more than two consultants shall 
be appointed for each incident being investigated. 
(c) Accept voluntary and uncompensated services notwithstanding 
(d) Accept gifts or donations of money or property, whether real or 
(6) Establish such rules and regulations as may be necessary to the 
exercise of its powers and functions under this Act. 
SEC.lO. Seal. -,The Board shall have a seal which shall be officially 
recognized . 
SEC. 11. Annual Report. - The Board shall report to Congress on the 
second week of August of each year. Such report shall include, but not limited to 
a statistical and analytical summary of the transportation accident 
investigations conducted and reviewed by the Board during the 
preceding calendar year; 
(2) 
a survey and summary, in such detail as the Board deems 
advisable, of the recommendations made by the Board to reduce 
any other provision of law; and 
personal. 
- 
(1) 
6 


the likelihood of recurrence of such accidents together with the 
observed response to each recommendation; 
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 
(4) 
a biennial appraisal and review and recommendations for 
legislative and administrative action with respect to transportation 
safety. 
SEC. 12. Appropriations. -The Board shall have an initial appropriation in 
the amount of Thirty Million Pesos (P 30,000,000.00) to finance its operation for 
the first year to be appropriated out of the Contingent Fund of the Office of the 
President and thereafter any such amount shall be incorporated in the annual 
General Appropriations Act. 
SEC. 16. Separability Clause. - Any portion or provision of this Act which 
may be declared unconstitutional 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 entirely. 
SEC. 17. Repealing Clause. - AI1 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. 18. Effectivity. - This Act shall take effect fifteen (15) days after its 
(3) 
publication in at least two (2) newspapers of general circulation. 
Approved. 
7