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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
787 
INTRODUCED BY HON. MANUEL B. VILLAR JR. 
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 Zcidents. 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, bill seeks to fill in the void in our existing laws regarding mandatory reporting of 
casualties of common carriers, more particularly with respect to marine transportation. 


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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
30 RO57 
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INTRODUCED BY HON. MANUEL B. VILLAR JR. 
AN ACT REQUIRING MANDATORY REPORTING OF MARINE CASUALTIES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. This Act shall be known as “Marine Casualties Reporting 
Act.” 
SECTION 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. 
SEGTION 3. (a)- Marine Casualties and Reporting. The Secretary of Transportation and 
Communications 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. Serious injury to an individual; 
3. Material loss of property; 
4. Material damage affecting the seaworthiness or efficiency of the vessel; and 
5. Significant harm to the environment 
(b) A marine casualty shall be reported within five (5) days from the occurrence of a marine 
accident. Each report shall include information as whether the use of alcohol or drugs 
contributed to the casualty. 
(c) 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 creates, the 
size, occupation and means of propulsion of each vessel involved. 
(d) The Secretary shall collect, analyze, and publish reports, information, and statistics on marine 
casualties together with findings and recommendations the Secretary deems appropriate. 


SECTION 4. 
Investigation of Marine Casualties. 
The Secretary shall prescribe 
regulations for the immediate investigation of marine casualties under this Act, as closely as 
possible. 
(1) The cause of the casualty, including the cause of any death; 
(2) 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; 
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(3) Whether an act of misconduct, incompetence, negligence, unskillfulness, 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; 
(4) Whether there is evidence that an act subjecting the offender to a civil penalty under 
the laws of the Philippines has been committed, so that appropriated action may be undertaken to 
collect the penalty. 
(5) Whether there is evidence that a criminal act under the laws of the PhilipJnes has 
been committed, so that the matter may be referred to the appropriate authorities for prosecution; 
and 
(6) Whether there is a need for new laws or regulations, or amendment o r  repeal of 
existing laws or regulations, to prevent the recurrence of the casualty. 
SECTION 5. Public Investigations. Each investigation prescribed and conducted under 
this Act shall be open to public, except when evidence affecting the national security is to be 
received. 
SECTION 6. Rights of Parties in Incerest. In an investigation under this Act, the 
following shall be allowed to be represented by counsel, to cross-examine witnesses, and to call 
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witnesses 
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(1). Owner; 
(2) Any holder of a license or certificat . or registry; 
(3) Any holder of a merchant mariner's document; 
(4) Any other person whose conduct is under investigation; and 
(5) Any other party in interest 
SECTION 7. Separability Clause. If any provision or pa? hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not 0th =mise affected shall' remain 
valid and subsisting. 
SECTION 8. Repealing Clause. Any law, presidential decree, or issuance, executive 
order, letter of instruction, administrative order, rule or regulatic .I not contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or -&-ended accordingly. 


SECTION 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
publication in at least tw-o _- 
(2) 
- newspapers of general circulation. 
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Approved, 
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