FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2869
House Bill No__ 296"
EXPLANATORY NOTE

The Philippines has been hit by a numerous maritime tragedies that
claimed over 4,000 lives in the past 25 years. On December 20, 1987, MV
Dona Paz collided with MT Vector. The disaster was considered the deadliest
ferry disaster in maritime history with more than 4,000 people died. Recently,
the country experienced a series of maritime tragedies with the sinking of MV
Catalyn B on December 24, 2009, and MV Baleno 9 on December 26, 2009.

Other sea mishaps include the sinking of MV Dona Marilyn on October
24, 1988; MV Princess of the Orient on September 18, 1998; and MV
Princess of the Stars on June 21, 2008. On May 23, 2009, a small passenger
boat Commando 6 capsized

Alarmed by the successive maritime tragedies, there is an immediate
need to investigate these maritime accidents, determine the probable or root
cause(s) thereof, issue recommendations for maritime safety measures, and a
thorough evaluation of the effectiveness of government agencies involved in
maritime transportation.

The Board of Marine Inquiry (BMI) is an ad-hoc body created to
investigate these maritime accidents but it seems that it has been inept in
Performing its functions. The composition of the BMI is made up of people
from MARINA and the PCG. This could lead to a conflict of interests as what
the BMI are investigating are maritime accidents which, more often than not,
involve the MARINA and the PCG.

The bill therefore seeks for the creation of an independent National
Marine Transportation Safety Board that would effectively address these
maritime issues and prevent the recurrence of these sea tragedies.

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

RUFUS/B. RODRIGUEZ

YC

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__ 2865)

AN ACT
CREATING THE NATIONAL MARINE TRANSPORTATION SAFETY
BOARD (NMTSB) OF THE PHILIPPINES

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

Section 1. Declaration of Policy - The State shall create an independent
agency known as the National Marine Transportation Safety Board of the
Philippines dedicated to promoting marine safety, investigating sea disasters
and pointing responsibility where such is warranted.

Section 2. Objective - The Safety Board shall be mandated by Congress to
investigate marine transportation accidents, determine the probable causes of
the marine accidents, issue safety recommendations, study marine
transportation safety issues, and evaluate the safety effectiveness of
government agencies involved in marine transportation.

The Safety Board shall also be mandated to make public its actions
and decisions through accident reports, safety studies, special investigation
reports, safety recommendations, and statistical reviews

Section 3. Coverage - The Safety Board shall determine the probable cause
of:

‘a. major marine accidents and any marine accident involving a
public and a nonpublic vessel; and

b. marine transportation accidents that involve problems of a
recurring nature or are catastrophic.

Section 4. Jurisdiction and Authority - The Safety Board shall have the
authority to:
a. conduct special studies on marine safety problems;
b. maintain official Philippine census of maritime accidents;
©. review appeals from merchant seamen whose certificates
have been revoked or suspended; and


d. evaluate the effectiveness of emergency responses to
maritime accidents.

Section 5. Subpoena Powers - The Safety Board shall have the power to
a. issue a subpoena requiring the attendance of any person
before the Safety Board and for the production of any document or
record relevant to the investigation; and
». to cause any person contemptuous of any such subpoena to
be prosecuted before a competent Court.

Section 6. Composition — The Safety Board shall be composed of five (5)
Members who are appointed for five-year terms by the President, from a list of
recommendees to be submitted by the Department of Transportation and
Communication (DOTC) and Department of Interior Local Govemment
(DILG).

At least three (3) Members shall be appointed on the basis of technical
qualification, professional standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors, marine transportation
safety, or marine transportation regulation.

The President shall appoint, from the same list above, a Chairman of
the Board. The President shall also designate a Vice Chairman of the Board
The terms of office of both the Chairman and Vice Chairman are two (2)
years. When the Chairman is absent or unable to serve or when the position
of Chairman is vacant, the Vice Chairman acts as Chairman.

Section 7. Implementing Rules and Regulations — The necessary rules and
regulations needed to implement the provisions of this Act shall be
Promulgated within ninety (90) days after the approval of this Act.

Section 8. Repealing Clause - All laws, decrees, executive orders,
department or memorandum orders and other administrative issuances or
parts thereof which are inconsistent with the provisions of this Act are hereby
modified, superseded or repealed accordingly.

Section 9. Effectivity Clause — This Act shall take effect after fifteen (15) days
following the completion of its publication in the Official Gazette or in at least
two (2) newspapers of general circulation in the Philippines.

Approved,