THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
EXPLANATORY NOTE 
Promotion of safety in the transport of people and goods through effective 
measures that prevent or minimize accidents is a policy of the State. 
This bill seeks to create a National Transportation Safety Board which shall be 
an independent, non-regulatory agency that shall undertake thorough and impartial 
investigations of transportation accidents. The board shall be tasked to primarily do 
the analysis, evaluation, and prevention of air, highway and marine accidents, 
including railway and pipeline systems for the effective promotion of safety. 
To promote the safety of our transportation system and to prevent the loss of 
lives and damage to properties, passage of this bill is earnestly sought. 
MANUEL B. VI LAR, JR. 
\ 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. . No. 783 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
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: 
SECTION 1. Title - This Act shall be known and cited as the "Transportation 
Safety Act of 2004" 
SECTION 2. Declaration of Policy - It is the policy of the State to promote safety 
in the transportation of people and goods through effective measures that prevent or 
minimize accidents. involving various modes of transportation, transportation 
networks and systems including pipelines and conveyors. In pursuit of this objective, 
the Government shall conduct independent accident investigation, to determine 
probable cause(s), support safety programs based on continual and objective review of 
causes or reasons for unsafe practices, appraise and assess operating practices and 
regulations of government agencies involved in transportation insofar as they affect 
safety issue safety recommendations and, where appropriate, shall initiate, 
coordinate, recommend 
safety improvement 
standards for observance and 
implementation by concerned public agencies and/ or private entities, reporting 
publicly on its investigations and on the findings in relation thereto. It is not the 
function of the Board to assign fault or determine civil or criminal liability. 
SECTION 3. Creation of the National Transportation Safety Board and its 
relationship with other Government Agencies - A National Transportation Safety Board, 
hereinafter referred to as the Board, is hereby created, as an independent 
investigative and regulatory body, to implement the foregoing policy of the State. For 
administrative purposes, the Board shall be attached to the Office of the President. 
SECTION 4. Organization 
1. 
The Board shall consist of five (5) full-time members, including a 
Chairman, who shall be appointed by the President of the Philippines, with the 
advice and consent of the Commission on Appointment. A member must have 


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at least ten (10) years of practiced experience as an employee or officer of 
transport utility firms or regulatory agency in either air, land or sea mode of 
transportation and preferably, with knowledge of accident investigation, safety 
engineering or transportation and traffic safety. 
2. 
The terms of office of the members of the Board shall be six (6) 
years, except that the first appointees shall have a term of two, four and six 
years, respectively. A member may be re-appointed for another term, but in no 
case exceeding twelve (12) years of service with the Board. Even before the 
expiration of his term of office, a member of the Board may be removed by the 
President of the Philippines for cause, including inefficiency, neglect of duty, or 
malfeasance in office. 
3. 
The Chairman shall be the Chief Executive Officer of the Board 
and shall exercise executive and administrative functions with respect to the 
appointment and supervision of personnel employed by the Board; the 
distribution of business among such personnel and administrative units; and 
the use of expenditure of funds. The Chairman shall be assisted by a managing 
Director and both shall be governed by the general policies established by the 
Board en banc, including any decisions, findings, determinations, rules, 
regulations and formal resolutions. 
4. 
The Board shall have a Managing Director who shall be appointed 
by the President of the Philippines upon the recommendation of the Board. The 
Managing Director shall be responsible for the day to day administration of the 
Board. 
5. 
The Board shall establish and maintain distinct and appropriately 
staffed bureaus, divisions or offices to investigate and report on significant 
accidents involving each of the following modes of transportation: 
a. 
Aviation; 
b. 
Marine Transport carriers; 
C. 
d. 
Highway and other motor vehicle; and 
Pipeline, railroad and tracked vehicle. 
SECTION 5. Compensation - The Chairman of the Board shall receive an 
annual salary equivalent to an Undersecretary of a Department, while the members of 
the Board shall receive an annual salary equivalent to an Assistant Secretary. They 
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. 
SECTION 6. Duties and Functions of the Board - The Board shall have the 
following duties and functions: 


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1. 
Investigate or cause to be investigated, in such detail as it shall 
prescribe, and determine the facts, conditions and circumstances and the 
probable cause or causes, of any: 
a. 
Aircraft 
accident 
in 
accordance 
with 
International 
Standards and Recommended Practices as proscribed in 
Aircraft Accident and Incident Investigation, ANNEX 13, to 
the Convention of International Civil Aviation, Seventh (7) 
Edition, October 11, 1994; 
Marine accident except one involving only military vessels, 
occurring on the navigable waters or territorial sea of the 
Philippines, in accordance with regulations as prescribed 
by International Marine Standards and Recommended 
Practices; 
b. 
C. 
Significant highway accident; 
d. 
Significant railroad accident in which there is fatality, 
substantial property damage or which involves another 
train; or rail vehicle; or 
Significant pipeline accident in which there is fatality or 
substantial property damage. 
e. 
2. 
Report in writing on the facts, conditions and circumstances of 
each accident investigated pursuant to paragraph (1) of this section and cause 
such reports to be made available to the public within the shortest possible 
time after the occurrence of the accident. 
3. 
Issue periodic reports to the President, as well as furnish copies 
of such reports to both houses of Congress, the Secretary of the Department of 
Transportation and Communications (DOTC) and to other governmental and 
nongovernmental agencies concerned with transportation safety, including 
owners of public transportation carriers who may be involved in the 
investigations of the Board, with proposals of corrective steps to make the 
transportation of persons as safe and free from risk of injury as possible, 
including steps to minimize human injuries from transportation accidents. 
4. 
Initiate and conduct special studies and special investigations on 
matters pertaining to safety in transportation and human injury avoidance. 
5. 
Assess and re-assess techniques and methods of accident 
investigation 
and 
promulgate 
recommended 
procedures 
for 
accident 
investigations for the information and guidance of concerned government 
agencies. 
6. 
Evaluate and assess the effectiveness of the concerned 
government agencies in promoting transportation safety consciousness and in 
preventing accidents. 


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7. 
Evaluate the adequacy of safeguards and procedures concerning 
the transportation of hazardous material and the performance of carriers and 
government agencies charged with assuring the safe transportation of such 
materials. 
, 
8. 
Gather, analyze maintain and publish from time to time data and 
statistics on transportation accidents. 
9. 
Insure adequate training of technical personnel in the conduct of 
investigations in line with the advancement of new technology, including 
participation in seminars and international conferences. 
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Perform such other functions as may be necessary to implement 
effectively the objectives and provisions of this Act. 
SECTION 7 Powers of the Board - The Board shall have the following powers: 
1. 
To conduct hearings, administer oaths and require by subpoena 
duces tecum the production of such evidence as the Board may deem 
necessary. 
In case of refusal to obey a subpoena, or an inspection notice of the 
Board or of any duly designated employee thereof by any person, such person 
may be required to comply forthwith by a court of competent jurisdiction upon 
the request of the Board. Failure to obey such an order is punishable by such 
court as contempt of court. 
2. 
Any employee duly authorized by the Board, upon the 
presentation of the appropriate documents, may enter any property wherein a 
transportation accident has occurred or wreckage from such accident is located 
in order to undertake investigation thereof. The employee may inspect, at 
reasonable times, records, files, processes, controls and facilities relevant to the 
investigation of accidents. Each inspection shall be commenced and completed 
with reasonable promptness. 
3. 
The Board may require and shall be furnished a copy of the 
autopsy reports by the officials concerned of any person who dies as a result of 
having been involved in a transportation accident. The Board may order, if 
necessary the autopsy or require other test of such persons as may be needed 
for the investigation of the accident. 
4. 
The Board may enter into such contracts, leases, agreements and 
other transactions as may be necessary in the conduct of its functions and 
duties. 
5. 
The Board may request the assistance of and use the available 
services, equipment and facilities of the Department of Transportation and 
Communications (DOTC) , the Department of Public Works and Highways 
(DPWH) and other agencies and instrumentalities of the government. 


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6. 
The Board may create advisory committees composed of qualified 
private citizens and government officials with which the Board may consult in 
the implementation of its functions and duties, and to pay honoraria to these 
persons for meetings actually attended. Whenever necessary, the Board may 
likewise appoint recognized experts as consultants for specific investigations 
being conducted who shall be paid the compensation fixed by the Board; 
Provided, That not more than two (2) consultants shall be appointed for each 
accident being investigated. 
SECTION 8. Recall, Replacement and Notijication of Defective Conveyances - 
The Board may recommend to the DOTC the recall by the manufacturer or its agent 
or representative, of all locally sold units of a particular model of vehicle or transport 
vessel which was involved in an accident, if the accident can be attributed to the 
defect in design or manufacture of any part or instrumentation of the model. 
Provided, That said recall is within five (5) years from the date of introduction of the 
model and said defect in design can be proven to affect many units of that model. 
Provided &&her, That the purpose of such recall shall be for the correction of said 
defect in all affected units either by replacement or the redesign of the defective 
device in order to render the particular transport/vessel model safe for public and 
commercial use. Provided finally, 
That the Board shall notify the distributor or 
purchaser of the defective unit as well as the public of such defect and the cost for 
such remedial measures shall be for the account of the manufacturer or its agents or 
distributors. 
SECTION 9 Grounding Defective Conveyance - The Board shall, after 
consultations with the proper government regulatory or registering agency, 
recommend the grounding of any conveyance or unit involved in an accident pending 
the investigation of the cause or nature of its defect. If the defect will not affect the 
safety of transport operations, the Board may recommend the continuous operation 
of the conveyance or unit under certain limitations to be prescribed by it. 
SECTION 10. Non Admissibility of Testimony - No testimony or part thereof 
taken during any investigation conducted by the Board relating to the accident or the 
investigation thereof shall be admissible in evidence nor shall it be used in any suit 
or action for damages growing out of any matter mentioned in such testimony. 
SECTION 1 1. Relationship with Other Institutions 
1. 
Nothing herein shall deter other existing government investigative 
agencies from performing their intrinsic functions including investigation of 
accidents or making inquiries thereon where these functions existed prior to 
this Act; Provided, however, that the Board, at its discretion, may direct the 


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manner in which such investigation shall be conducted, require the 
submission of the records, reports, findings and recommendations or assume 
direct responsibility for accidents enumerated under Section 6 paragraph 1 of 
this Act. 
2. 
The police or law enforcement agency shall continue to investigate 
and record accidents on the roads involving motor vehicle and/or pedestrians. 
The Board shall prescribe a uniform and standard reporting system for such 
accidents which shall be mandatory to the principal investigating body or 
person. 
3. 
The Board's investigation shall take precedence over those of 
other government agencies tasked with investigating air and marine accidents 
which in the .judgment of the Board requires its inquiry and attention. For 
proper handling, conservation and protection, the Board may assume 
possession or control of the records, files specimens, pieces of evidence and the 
like pertaining to such accidents. 
4. 
The Board may require the submission of the records, reports, 
findings and recommendations of past investigations from any government 
investigating body. 
5. 
In the exercise of its powers, the Board shall take into 
consideration the provisions of any treaty or agreement entered into by the 
Philippines with other countries relative to investigation of transportation 
accidents. 
SECTION 
12. Appropriations - The 
sum of 
TEN 
MILLION 
PESOS 
(P10,000,000.00) is hereby authorized to be appropriated initially, out of Any funds of 
the National Treasury not otherwise appropriated for the initial organization and 
operation of the Board. Thereafter, such amount as may be necessary to finance its 
operation and maintenance shall be included in the annual General Appropriations 
Act. 
Savings from its annual operating budget shall be constituted into a 
TRANSPORTATION SAFETY FUND, to be administered by the National Treasurer. 
SECTION 13. Separability Clause - Any portion or provision of this Act which 
maybe 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. 
SECTION 14. Repealing Clause - All laws, decrees, orders, proclamations, rules 
and regulations, or parts thereof, which are inconsistent with any of the provisions of 
this Act is hereby repeated, amended or modified accordingly. 


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SECTION 15. 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,