THIRTEENTH CONGRESS OF THE 
) 
First Regular Session 
) 
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REPUBLIC OF THE PHILIPPINES 
) 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Civil Code, Article 1733 provides that “common carriers, from the nature of 
their business and for reasons of public policy, are bound to observe extraordinary 
diligence in the vigilance over the goods and for the safety of the passengers transported 
by them, according to all the circumstances of each case.” This extraordinary diligence 
required of common carriers including those involved in marine transportation 
encompasses the duty to report casualties resulting from marine accidents. 
In the 
Philippines, marine accidents are considered ordinary occurrences, notwithstanding their 
pernicious effects such as loss of lives and properties. 
It is quite ironic, however, that there is no mandatory reporting of marine 
casualties to determine the loss of lives and properties resulting from such accidents 
which would be the basis of the victims in their claim for injury and damages. 
Thus, this bill seeks to fill in the void in our existing laws regarding mandatory 
reporting of casualties of common carriers, particularly marine transportation. 
For reasons aforecited, immediate passage of this bill is earnestly sought. 
c 
LUISA 66LOI’’ EJERCITO ESTRADA 
Benat or 


THIRTEENTH CONGRESS OF THE 
) 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
) 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
AN ACT 
REQUIRING MANDATORY REPORTING OF MARINE CASUALTIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as “Marine Casualties 
Reporting Act” 
SEC. 2. Declaration of Policy. - It is hereby declared to be the policy of the State 
to provide adequate remedy to the victims of marine accidents by requiring mandatory 
reporting of marine casualties. 
SEC. 3. -- 
(a) 
Marine Casualties and Reporting. - The Secretary of Transportation and 
Communications, hereinafter referred to as the Secretary, shall prescribe 
regulations on the marine casualties to be reported and the manner of 
reporting. 
The regulations shall require reporting the following marine 
casualties: 
(1) 
death of an individual; 
(2) 
(3) 
material loss of property; 
(4) 
serious injury to an individual; 
material damage affecting the seaworthiness or efficiency of the 
vessel; and 
significant harm to the environment. 
( 5 )  
A marine casualty shall be reported within five (5) days from the 
occurrence of a marine accident. Each report shall include information as 
to the causes of the accident and whether the use of alcohol or liquor 
contributed to the casualty. 
(b) 


A marine casualty not resulting in the death of an individual shall be 
classified according to the gravity of the casualty, as prescribed by 
regulation, giving consideration to the extent of injuries to individuals, the 
extent of property damage, the dangers that the casualties create, the size, 
occupation and means of propulsion of each vessel involved. 
The Secretary shall collect, analyze and publish reports, information and 
statistics on marine casualties together with findings and recommendations 
the Secretary deems appropriate. 
4. Investigation of Marine Casualties. - The Secretary shall prescribe 
regulations for the immediate investigation of marine casualties under this Act, as closely 
as possible -- 
the cause of the casualty, including the cause of any death; 
whether an act of misconduct, incompetence, negligence, unskillfulness or 
willful violation of law committed by any individual licensed, certified, or 
documented under this Act, has contributed to the cause of the casualty, or 
to a death involved in the casualty, so that appropriate remedial action may 
be taken; 
whether an act of misconduct, incompetence, negligence, unsltillfidness or 
willful violation of law committed by any person, including an officer, 
employee or member of the Philippine Coast Guard, contributed to the 
cause of the casualty, or to a death involved in the casualty. 
Whether there is evidence that an act subjecting the offender to a fine 
under the laws of the Philippines has been committed, so that appropriate 
action may be undertaken to collect the appropriate fine. 
whether there is evidence that a criminal act under the laws of the 
Philippines has been committed, the matter may be referred to the 
appropriate authorities for prosecution; and 
whether there is a need for new laws or regulations, or amendment or 
repeal of existing laws or regulations, to prevent the recurrence of the 
casualty. 
SEC. 5. Public Investigations. - Each investigation prescribed and conducted 
under this Act shall be open to the public, except when evidence affecting the national 
security is to be received. 


SEC. 6. Rights of Parties in Interest. - In an investigation under this Act, the 
following shall be allowed to be represented by counsel, to cross-examine witnesses and 
to call witnesses: 
(1) 
owner, 
(2) 
(3) 
(4) 
( 5 )  
any holder of a license or certificate of registry, 
any holder of a merchant mariner's document; 
any other person whose conduct is under investigation; and 
any other party in interest. 
SEC. 7. Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
c:\precy\marines1581