Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

3 RECEIVED

SEVENTEENTH CONGRESS
First Regular Session

5042

HOUSE BILL No.

INTRODUCED BY: DEPUTY SPEAKER GWENDOLYN F. GARCIA

EXPLANATORY NOTE

Transportation plays an essential role in the economic development of
@ country. An efficient, safe and reliable transport system is widely
acknowledged as a necessary precondition for the full participation of
remote communities in national development.

In the Philippines, transportation accidents are part of the daily menu
of multimedia news reports. Every year, the records of the Land
Transportation Office (LTO), Philippine National Police (PNP), Civil Aviation
Authority of the Philippines (CAAP), Maritime Industry Authority (MARINA)
and other instrumentalifies of our government show that the number of
accidents is skyrocketing. Collisions of ships at sea, aircraft accidents and
plane crashes, railroad accidents, road mishaps involving trucks, public utility
vehicles and private cars have cost thousands of lives and continue to put
citizens lives at stake.

Developed countries, like the United States of America, Canada,
Japan, the United Kingdom, Australia and other European countries, have
created independent and separate bodies that handle civil transportation
accident investigations in their respective countries. The most important
output of these transportation bodies are the safety recommendations that
did not only become instrumental in preventing future occurrences of

TA
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accidents but helped alleviate the plight of survivors and the families of the
victims.

In the Philippines, there is a need to create an independent body that
will take the lead in conducting an impartial investigation of transportation
accidents for purposes of drawing up proposals to minimize if not altogether
prevent future occurrences of these tragic accidents. While we have
existing government instrumentalities that attend to the investigations of
transportation accidents, more often than not, there arise conflicts of
jurisdiction or even discordant outputs from such separate and distinct
agencies. It is necessary to have an independent body that will provide
safety measures and recommendations to ensure the safety of traveling
public.

This bill seeks to create the Philippine National Transportation and
Safety Board (PNTSB) that shall conduct thorough and impartial investigations
of transportation related accidents. for purposes of drawing up
recommendations to prevent future recurences of such accidents. The
PNTSB will be an independent and non-egulatory agency primarily
responsible for the analysis, evaluation and prevention of air, overland and
marine transportation accidents, to include railway and pipeline systems.

The passage of this bill is, therefore, earnestly sought.

F. GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

42
HOUSE BILL No. 5042

INTRODUCED BY: DEPUTY SPEAKER GWENDOLYN F. GARCIA

AN ACT
CREATING THE PHILIPPINE NATIONAL TRANSPORTATION SAFETY BOARD (PNTSB),
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

TITLE I
SHORT TITLE, DECLARATION OF POLICY,
AND DEFINITION

SEC. 1. Short Title. — This act shall be known and cited as the "Philippine
National Transportation Safety Board Act of 2017."

SEC. 2. Declaration of Policy. - Section 5, Arjicle II of the 1987
Constitution states that “The maintenance of peace and order, the
protection of life, liberty, and property, and promotion of the general welfare
are essential for the enjoyment by all the people of the blessings of
democracy." It is the policy of the State to protect and promote the right of
alll cifizens to quality and safe transportation. The State shall take appropriate
measure to protect lives and properties from transportation-related
accidents.

SEC. 3. Definition. - For the purpose of this Act, the term “accident” will
pertain to the damage to or destruction of vehicles in aerial, marine, and
ground transportation regardless of whether the initiating event is accidental
or otherwise.

TITLE I
THE BOARD

SEC 4, Creation. - There is hereby created a Philippine National
Transportation Safety Board, a non-regulatory and independent agency


hereinafter referred to as the Board, to implement the foregoing policies of
the State. The Philippine National Transportation Safety Board shall be an
independent establishment of the Philippine Government and shall be
directly under the Office of the President.

SEC. 5. Objectives - The Board shall have the following objectives:
(1) Conduct of complete and effective accident investigations;

(2) Recommend and advocate actions to improve
transportation safety and mitigate dangers to human lives and property:

(3) Draw up safety standards in the transportation industry and
ensure the implementation thereof; and

(4) Ensure timely and commensurate assistance to survivors
and/or families of victims of transportation accidents; coordinate with the
transport operators, concerned government agencies, and/or civil society
groups;

SEC. 6. Composition and Qualifications. — The Board shall be composed
of five members, a Chairperson and four (4) members, who shall possess the
following qualifications:

(1) Must be natural-bom citizens of the Philippines;

(2) Must be at least thirty-five (35) years of age at the time of their
appointment, with proven integrity and competence:

(3) At least 3 members shall be appointed on the basis of
technical qualification, professional standing, and demonstrated
knowledge in the investigation, analysis, and evaluation of transportation
accidents, particulary in the field of accident reconstruction, safety
engineering, human factors, transportation safety, or transportation
regulation; and

(4) Must not have been candidates, including party-list
nominees, for any elective position in any national or local elections,
excluding barangay elections, immediately preceding their appointment.

SEC. 7. Terms of Office and Remov. The Members of the Board shall
be appointed by the President of the Philippines for a term of six (6) years. Of
those first appointed under this Act, the Chairperson shall hold office for six (6)
years, two (2) members for four (4) years, and two (2) members for two (2)
years. In no case shall any member be appointed, re-appointed or
designated in a temporary or acting capacity. The term of the Chairperson



and Members of the Board shall start on the day immediately after the end of
the previous term, regardless of the date of appointment. Appointment to
any vacancy occuring during the term shall be only for the remaining
portion of said term. Any member of the Board may be removed by the
President at any given time as a result of inefficiency and neglect of duty.

SEC. 8. Quorum. - Three (3) members of the Board shall constitute a
quorum for the transaction of any function of the Board.

SEC. 9. Offices. - The Board shall establish offices necessary 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. 10. Salary. - 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. 11. Prohibition and Disqualification. - The Chairperson and
Members of the Board shall not, during their tenure, hold any other office or
employment. Neither shall they engage in the practice of any profession or in
the active management or control of any business which in any way may be
affected by the functions of their office, nor shall they be financially
interested, directly or indirectly, in any contract with, or in any franchise or
privilege, granted by the Goverment and its subdivisions, agencies or
instrumentalities, including government-owned or controlled corporations or
their subsidiaries. They shall directly avoid confiict of interest in the conduct of
their office.

No spouse or relative by consanguinity or affinity within the fourth civil
degree and no law, business or professional partner or associate of the
Chairperson or Members may appeor as counsel or agent, appearing for or
on behalf of the Chairperson or Members for pecuniary interest, on any
matter pending before the Board or transact business directly or indirectly
therewith.

The disqualification shall apply during the tenure of the official
concemed and one (1) year thereafter.

SEC. 12, Seal. - The Board shall have a seal which shall be officially
recognized.


TITLE tt
DUTIES AND POWERS

SEC. 13. Duties and Powers of the Board. - The Board shall be the
primary govemment body that shall investigate and determine the facts,
conditions, and circumstances and the cause or probable cause or causes
of any air, maritime and land transportation accidents.

(1) Duties of the Board. - The primary function of the Board is to
Promote safety in transportation. It shall, among others, perform the following
duties:

(a) Initiate and conduct special studies and investigations
on matters pertaining to safety in transportation;

()) It shall not be prevented from making further
inquirieson accidents already investigated by existing accident-
investigating bodies which shall submit their records, reports, findings
and recommendations of past investigations as may be required by
the Board.

(i) Other agencies mandated to investigate
concurrently such accidents shall coordinate with the Board in the
performance of their functions and shall give full support to the
actions and policies dictated by the Board during the conduct of
such investigations.

(©) Make recommendations to national agencies and
private organizations on transportation safety that will prevent the
recurrences of transportation accidenis.

(c) Prepare a report on the facts, conditions, and
circumstances of each accident investigated pursuant to subsection
(a) and shall cause such reports available to the public.

(d) Assess and evaluate techniques and methods of
accident investigation and prepare and publish from time to time
recommended procedures for accident investigations.

(e) 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
local govemment.

(f) Evaluate the adequacy of safeguards and procedures
concerning the transportation of hazardous materials and the


Performance of carers and other government agencies charged
with assuring the safe transportation of such materials.

(9) Prepare and submit annual reports to Congress and
government agencies concerned with transportation safety on the
second week of August of each year. The report shall include the
following:

(i) statistical and analytical summary of the
transportation accident investigations conducted and reviewed by
the Board during the preceding calendar year:

(ii) @ survey and summary, in such detail as the
Board deems advisable, of the recommendations made by the
Board to reduce the likelihood of recurrence of such accidents
together with the observed response to each recommendation;

(ii) 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 .

(iv) a biennial appraisal ond review and
recommendations for legislative and administrative action with
respect to transportation safety.

(h) Facilitate the recovery and identification of fatally-
injured passengers involved in an accident and immediately
coordinate with transport operators, concerned government
agencies, and/or civil society groups for the fimely and
commensurate assistance to survivors and/or families of victims of
transportation accidents.

(2) Powers of the Board. ~ The Board shall have the following
powers:

(a) Conduct hearings, administer oaths and issue
subpoena duces tecum or subpoena ad testificandum to compel the
attendance and testimony of witnesses and the production of such
evidence as the Board or such officer may deem necessary:
Provided, That subpoenas shall be issued under the signature of the
Chairperson and may be served by any person designated by the
Chairperson.

(6) Authorize any of its employees, upon presentation of
‘appropriate credentials and a written notice of inspection authority, to
enter any property where a transportation accident has occurred, or


where wreckage is found, or where any such accident is located, and
do alll things necessary for the proper conduct of investigation. The
authorized employee may inspect, at a reasonable time, records, files,
processes, controls and facilfies relevant to the investigation of such
accident. Each inspection shall be commenced and completed with
reasonable promptness and the results of such inspection shall be
made available to the concemed parties.

{c) 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.

(d) 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.

(e]Enter into such contracts, leases, cooperative
agreements, or other transactions with any government entity or any
person as may be necessary in the conduct of its functions and duties
provided for under this Section.

(f) Use, on a reimbursable basis or otherwise, when
appropriate, available services, equipment, personnel and facilities of
the Department of Transportation, the Department of National
Defense, the Department of Interior and Local Goverment, the
Department of Public Works and Highways and other agencies and
instrumentalifies of the goverment in the conduct of its investigation.

(g) Accept voluntary and uncompensated services, gifts or
donations of money or property notwithstanding any other
provision of law.

(h) Establish such rules and regulations as may be
necessary to the exercise of its powers and functions under this Act.

SEC. 14, Duties and Powers of the Chairperson. — The Chairperson shall
be the chief executive and administrative officer of the Board. Subject to the
general policies and decisions of the Board, the Chairperson shall:

{1) Execute and cany out the policies, decisions, orders and
resolutions approved by the Board;

(2) Direct and supervise the operations and_ internal
administration of the Board;


(3)Sign appointments and supervise subordinate officials and
employees made by the Board and enforce disciplinary actions for any
infractions committed:

(4) Make temporary assignments, rotate and transfer personnel in
accordance with the provisions of the Civil Service Law and the poiicies
involving them;

(5) Submit an annual budget to the Board for its approval and
submission to the Department of Budget and Management and to the
Congress of the Philippines;

(6) Fix the pay of subordinate officers, employees, and
administrative units of the Board;

(7) Supervise the expenditures of the Board;

(8) Delegate his/her authority, in whole or in part, to other
Officials of the Board in accordance with Executive Order No. 292,
otherwise known as the Administrative Code of 1987, and rules and
regulations of the Board: and

(9) Perform such other functions as may be authorized by the
Board.

SEC. 15. Duties and Powers of the Executive Director. — The Executive
Director shall be appointed by the President of the Philippines upon
recommendation of the Board and shall have the rank, salary and privileges
of an Assistant Secretary. He/She shall be responsible for managing the day-
to-day affairs, activities and operations of the Board, in accordance with the
policies, standards, rules and regulations adopted and promulgated by the
Board. In particular, the Executive Director shall:

(1) Provide direct supervision, control, coordination and
monitoring of all activities, functions and operations of the units of the
Board;

(2) Upon consultation with the Member/s of the Board
concerned, recommend and/or implement administrative and
management policies, rules and standard operating procedures to be
established by the Board;

(3) Recommend and initiate programs, projects and policies
which promote productivity, efficiency and effectiveness in the Board,
with prior consultation with the Board and Member/s of the Board
concemed;


(4) Coordinate with the Member/s of the Board concemed as
well as the different organization units of the Board in the information and
reporting requirement of the Board;

(5) Resolve operational issues in accordance with the levels of
authority prescribed by the Board;

(6) Undertake appraisal on issues/problems and_ policy
recommendations requiring decision/action by the Board:

(7) Conduct necessary representation with different branches
and agencies of the government on vital issues/concerns involving the
organization, operations and programs of the Board;

(8) Provide secretariat services to the Board; and

(9) Perform such other functions as may be assigned by the
Board.

TITLE IV
MISCELLANEOUS

SEC. 16. Assistance to Victims and/or Families of Victims involved in
Accidents. — As soon as practicable after being notified of an accident within
the country, the Board shall:

(1) Designate and publicize the name and phone number of a
director of family support services who shall be an employee of the Board
and shall be responsible for acting as a point of contact within the
government for the families of passengers involved in the accident and a
liaison between the transport operator and the families; and

(2) Designate an independent nonprofit organization, with
experience in disasters and post-trauma communication with families,
which shall have primary responsibility for coordinating the emotional care
and support of the families of passengers involved in the accident.

SEC. 17. 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. 18. Appropriations. - The Board shall have an initial appropriation
in the amount of Thirty Million Pesos (PhP 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. Thereafter, any such amount shall be
incorporated in the annual General Appropriations Act.

SEC. 19. 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. 20. Repealing Clause. - All laws, decrees, orders, proclamation,
rules and regulations, and issuances, or parts thereof inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly.

SEC, 20. Effectivity Clause. - This Act shall take effect fifteen (15) days

following its publication in the Official Gazette or in at least two (2)
newspapers of general circulation in the Philippines.

Approved,