EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Rufus B. Rodriguez 2
3813

House Bill No.

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. Last August 16,
2013, the MV St. Thomas Aquinas sank after colliding with a cargo ship, MV Sulpicio
Express Siete claiming 114 lives.

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.

Aside from these marine tragedies, there are vehicular accidents that occur on a
daily basis. From simple fender benders to tragedies where buses fall off ravines causing
numerous casualties.

At present, various goverment agencies have jurisdiction on different types of
accidents be it the MARINA or the DOTR or CAAP. It is about time that we have one
independent government agency having jurisdiction over transport safety

The bill therefore seeks for the creation of an independent Philippine Transportation
Safety Board

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

RUFUS!B. RO! Zz


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

~ Introduced by Representative Rufus B. Rodriguez

3813

House Bill No.

AN ACT
ESTABLISHING THE PHILIPPINE TRANSPORTATION SAFETY BOARD, DEFINING ITS
POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

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

ARTICLE!
GENERAL PROVISIONS
SECTION 1. Short Title. - This Act shall be known as the ‘Philippine

Transportation Safety Board Act.

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to
maintain a safe, viable, efficient, and dependable transportation system as it plays an
important role in nation-building and in promoting economic growth

Consistent with this policy, the State recognizes the importance of preventing
transportation accidents thereby saving lives and property. Towards this end, there shall be
established a goverment agency tasked with promoting safety and efficiency in the
transportation of people, property and goods, and conducting investigations to determine the
cause of transportation accidents.

ARTICLE I
CREATION

SEC. 3. Philippine Transportation Safety Board. — There is hereby created a
Philippine Transportation Safety Board (PTSB), an independent and a non-regulatory
agency under the Office of the President. The PTSB shall develop appropriate safety
standards to be followed and implemented by concerned agencies.

It shall have the following objectives:

(a) Improve transportation safety measures in order to prevent transportation
accidents and mitigate dangers to human lives and property; and
(b) __Ensure the implementation of transportation safety standards.

The PTSB shall be the primary government body that shall investigate and determine
the facts, conditions, circumstances and the causes of any major or fatal air, maritime, and
land transportation accident, or threat of a major or fatal air, maritime, or rail accident.

SEC. 4. Jurisdiction. - The PTSB shall have jurisdiction over all major or fatal
transportation accidents or those of alarming nature resulting in serious physical injury or
loss of life or property or causing substantial damage to or destruction of property or
surroundings.

‘A major or fatal transportation accident shall include:

(a) Capsizing or grounding of a ship or marine vessel

(b) Collision of ships or vessels;

(c) Air crash or collision of aircrafts,

(d) Overshooting or emergency landing of an aircraft


(e) Vehicular crash or collision of motor vehicles; and

(f) Derailment of trains

The jurisdiction of the PTSB shall extend to any similar accident or incident with
alarming magnitude such as:

(a) Contamination of air or water due to pipe leakage; and

(b) Failure or defect of transportation infrastructure facilities.

Accidents involving aircrafts, vessels, and vehicles operated by the Armed Forces of
the Philippines (AFP), or occurring within military sites in the Philippines, or those involving
solely aircrafts, vessels and vehicles of the armed forces of any foreign country occurring in
the Philippines shall be the responsibility of the AFP.

SEC. 5. Powers and functions of the PTSB. —The PTSB shall have the following
Powers and functions:

(2) Evaluate and harmonize transportation safety standards with intemational
safety standards of applicable conventions, treaties, and best practices in transportation
safety including those developed by transportation agencies, and recommend its
implementation to all sectors of Philippine transportation;

(b) Conduct hearings and investigations conceming any major or fatal
transportation accident, and conduct special studies on matters pertaining to safety in
transportation: Provided, That the Board shall not be prevented from making further inquiries
on accidents subject of past investigations and shall require the investigating bodies to
submit the pertinent records, reports, findings and recommendations: Provided further, That
other agencies mandated to investigate concurrently such accidents shall coordinate with
cooperate with and extend its full support to the Board during the conduct of investigation;

(©) __ Require the involvement or collaboration of the members of the academe and
the non-government organizations in investigations requiring their expertise and knowledge;

(d) Recommend to the concemed government agencies and private
organizations the adoption of transportation safety standards and measures that will improve
transportation safety;

(e) Prepare written reports regarding its investigations and special studies,
including the findings and safety recommendations thereon and make such reports available
to the public;

(f) Assess and evaluate the techniques and methods of accident investigation
and prepare and publish from time to time the recommended procedures for accident
investigations;

ARTICLE IIl
ORGANIZATION

SEC. 6. Composition, Qualifications, and Appointment of the Members of the
Governing Board. — The governing Board, hereinafter referred to as the Board, shall be
composed of five (5) full-time members, including a Chairperson. All the members of the
Board shall have extensive training and experience in their respective transportation fields
and each must have adequate knowledge in investigation, analysis, and evaluation of
transportation accidents, particularly in the field of accident reconstruction, safety
engineering, or transportation safety.

The members shall be Filipino citizens and residents of the Philippines, at least thirty-
five (35) years of age, and persons of good moral character, unquestionable integrity, and
recognized probity and competence.

Within sixty (60) days from the effectivity of this Act, the President of the Philippines
shall appoint the members of the Board. Any member may be removed by the President for
cause as provided for by law.

In case of incapacity or absence of the Chairperson, the members shall choose from
among themselves an acting Chairperson.


SEC. 7. Term of Office. — All members shall have a fixed term of six (6) years. OfF
those first appointed, the Chairperson shall hold office for six (6) years, two (2) members
shall hold office for four (4) years and the remaining two (2) members shall hold office for
two (2) years. Upon the expiration of one’s term of office, the member shall continue to
serve until a successor is appointed and qualified. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. Such vacancy shall be filled within sixty (60) days
from the date of its occurrence.

SEC. 8. Powers and Functions of the Governing Board. - The powers and
functions of the PTSB shall be vested in and exercised by the Board

The Board shall have the following powers and functions:

(a) Cite for contempt any person for refusing to obey a subpoena, an order, or an
inspection notice of the Board;

(b) Authorize any of its officers or officials to enter any property where a
transportation accident has occurred, or where wreckage is found, or where any such
accident is located, and conduct a proper investigation thereon. The authorized officer or
official may inspect, at a reasonable time, records, files, processes, controls and facilities
relevant to the investigation of such accident. Each inspection shall be commenced and
completed with reasonable promptness and the results thereof shall be made available to
the concemed parties;

(c) Enter into contracts or agreements with any person or entity as may be
necessary in the conduct of its powers and functions, including the employment of experts
on accidents under investigation;

(d) Use, when appropriate, available services, equipment, personnel and facilities
of the other agencies and instrumentalities of the goverment in the conduct of its
investigation;

(e) Establish and maintain an adequately staffed laboratory and ancillary facilities
for the purpose of examining evidence obtained during the course of its investigation;

(f) Create advisory committees composed of qualified private citizens and
government officials as may be necessary or appropriate;

(9) Authorize an autopsy to be performed and the conduct of other tests when
necessary to investigate an accident: Provided, That local or national laws protecting
religious beliefs related to autopsies shall be observed to the extent that will meet the
requirements of a proper investigation: Provided, further, That the Board shall be provided
with a copy, free of charge, of any autopsy report performed by a national or local authority;

(h) Require government agencies and persons engaged in transportation
services to submit a written report with respect to any matter pertinent to transportation
safety, such report to be submitted within a reasonable period of time as may be determined
by the PTSB;

(i) Promulgate, in coordination with the relevant law enforcement and
investigating agencies, the necessary protocols in the conduct of its investigations;

() Delegate any of its powers and functions to the heads of the different
bureaus, divisions or offices of the PTSB to further facilitate the implementation of the
provisions of this Act; and

(k) Accept voluntary and uncompensated services, gifts or donations
notwithstanding any other provision of law to the contrary.

SEC. 9. Chairperson; Duties and Powers. — The Chairperson shall be the chief
‘executive and administrative officer of the PTSB. The Chairperson shall:

(a) Administer oaths, sign and issue subpoena duces tecum or subpoena ad
testificandum which may be served by any officer, personnel or employee of the PTSB as

designated by the Chairperson,
(b) Execute the policies, decisions, orders, and resolutions approved by the

Board;


(c) Direct and supervise the operations and internal administration of the PTSB,
including enforcement of disciplinary actions;

(4) Sign appointments, make temporary assignments, rotate and transfer of
personnel in accordance with law;

(e) Prepare the annual budget of the PTSB for approval by the Board;

(f) Supervise the expenditures of the PTSB;

(9) Delegate authority, in whole or in part, to other officials of the PTSB in
accordance with Executive Order No. 292, otherwise known as the Administrative Code of
1987, as amended, and the rules and regulations of the Board; and

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

SEC. 10. Quorum. — The presence of at least three (3) members shall constitute a
quorum and the majority vote of members present shall be necessary for the adoption of any
tule, ruling, order, resolution, decision or other acts of the Board

SEC. 11. Compensation. — The salary of the Chairperson and the members of the
Board shall be the same as those of the Chairperson and members of the different
Constitutional Commissions. They shall be entitled to representation and transportation
allowances under existing laws

SEC. 12. Offices of the PTSB. — For the proper management and effective
implementation of the objectives of the PTSB, the following offices are hereby established:

(a) Office of the Executive Director. - The PTSB shall have an Executive Director
who shall be appointed by the President of the Philippines upon recommendation of the
Board. The Executive Director must be at least thirty-five (35) years of age at the time of
appointment, a member of the Philippine bar, and engaged in the practice of law for at least
ten (10) years prior to the date of appointment. The appointee must not have been a
candidate for any elective position in the elections immediately preceding the appointment.

The Executive Director shall assist the Chairperson in the discharge of the latter's
functions as executive and administrative head of the Board and be responsible for the day-
to-day management of the PTSB; record and report the proceedings of the Board; act as
custodian of records, maps, profiles, reports, and other documents filed in connection with
any case or proceedings before the PTSB; supervise the PTSB laboratory; and, perform
such other functions as may be assigned by the Chairperson or the Board.

(b) Office of Aviation Safety. — The Office of Aviation Safety shall conduct
investigations of all aviation accidents and submit the corresponding reports and necessary
transportation safety recommendations to the Board

(c) Office of Maritime Safety. — The Office of Maritime Safety shall conduct
investigations of all maritime accidents and submit the corresponding reports and necessary
transportation safety recommendations to the Board

(d) Office of Surface Transportation Safety. - The Office of Surface Transportation
Safety shall conduct investigations of road transportation, railroad, and pipeline accidents
and submit the corresponding reports and necessary transportation safety recommendations
to the Board.

(e) Office of Transportation Safety Standards. - The Office of Transportation Safety
Standards shall prescribe safety standards in all transportation systems; establish and
update transportation safety standards through continuing research and in-depth studies;
and oversee the implementation of the safety recommendations program of the PTSB.

(f) Office of Research and Engineering. — The Office of Research and Engineering
shall provide technical advice and services to the PTSB; conduct research and carry out
analytical studies and tests on all aspects of the PTSB's transportation accident
investigation, accident prevention, and safety promotion activities; conduct safety studies on
specific safety issues; perform statistical analyses of transportation accident and incident
data; maintain archival records of the PTSB's accident investigation and safety promotion



activities; and, support the PTSB's data processing, computing and information management
requirements.

(Q) Office of the General Counsel. ~ The Office of the General Counsel shall provide
legal advice and assistance to the PTSB and its officers, personne! and employees; prepare
rules, opinions and orders; and represent the PTSB in court actions and other proceedings.

(h) Office of Public Affairs. - The Office of Public Affairs shall provide the general
public, including Congress and the national agencies, the transportation industry, and the
media with current and accurate information concerning the activities, programs and
objectives of the PTSB

() Administration Office. - The Administration Office shall provide administrative
support in the following aspects: budget; accounting and audit; human resource
management; information and automatic data processing management; property, space
communications, facilities and transportation management; and, printing, publications,
correspondence, procurement, contracting, and accident inquiry services

SEC. 13. Personnel. — Subject to civil service laws, rules and regulations, and the
approval of the Department of Budget and Management, the Board shall determine its own
staffing pattem and the number of personnel of the organization. The Board shall,
in accordance with existing laws and policies, select, appoint, employ, and fix the
compensation of such officers and employees, including investigators, and attorneys, as
may be necessary to carry out its powers and duties.

SEC. 14. Prohibited Interests. — The Chairperson, members of the Board, officers,
and employees shalll 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 contro!
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 government and its subdivisions, agencies or instrumentalities,
including government-owned or controlled corporations or their subsidiaries, They shall
directly avoid conflict 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
appear as counsel or agent on any matter pending before the Board, or transact business
directly or indirectly therewith.

The disqualification shall apply during the tenure of the official concerned and one (1)

year thereafter.
Any violation of this section shall be a ground for removal from the PTSB as well as
administrative, civil, or criminal prosecution under applicable laws.

SEC. 15. Recommendations of the Board. — The Board shall submit its
recommendation on transportation safety to appropriate government agencies which shall
respond formally and in writing not later than thirty (30) days after receipt thereof. The
failure on the part of the concerned agency to abide by the recommendation of the Board
without any justifiable reason shall be a ground for administrative liability of the head of the
agency or concerned official including other penalties as provided under existing laws

The Board shall recommend to the appropriate government agencies the recall of
defective means of transportation and to cause the installation of the required part or parts to
make those safe and notify not only the distributor or purchaser but also the public of such
defect. It shall also recommend the grounding of any defective means of transportation
Pending the investigation of the cause or nature of its defect. Moreover, the Board may also
recommend the denial, amendment, modification, suspension, or revocation of a certificate
of public convenience, registration or franchise of the shipping, air transport, or land
transport company if found negligent, as well as the suspension or revocation of their license
to operate, as the case may be.


In its report, the Board shall include the accountabilities of officials and employees of
regulatory transport agencies who fail to properly implement the transportation safety
standards provided under pertinent or applicable conventions, treaties, laws, rules and

regulations

SEC. 16. Disclosure, Availability, and Use of Information. — (a) Except as
provided in this section, any copy of record, information or report of investigation submitted
to the PTSB shall be made available to the public upon request and payment of reasonable
cost;
(b) The Board shall not make the records available for purposes other than accident
or incident investigation, unless the appropriate authority for the administration of justice
determines that their disclosure outweighs the adverse domestic and international impact;

(c) The Board shall not disclose any information related to a trade secret except:

1. To another department, agency, or instrumentality of the national
government, when requested for official use:

2. To a committee of Congress having jurisdiction over the subject matter to
which the investigation is related, when requested by that committee;

3. In a judicial proceeding under a court order that preserves the confidentiality
of the information without impairing the proceeding; and

4, To the public: Provided, That such disclosure shall be for the protection of
public health and safety: Provided, further, That the disclosure shall be made in a manner
designed to protect and preserve its confidentiality,

(d) The Board shall not publicly disclose any part of a cockpit voice recording or
transcript of oral communications by and between flight crew members and ground station
related to an accident or incident investigated by the PTSB: Provided, That the PTSB shall
make public any part of the transcript that it deems relevant to the said accident or incident

1. When the PTSB holds a public hearing on the accident or incident; or
2. When the PTSB makes public its findings relative to the said accident or

incident
(f) Except as provided in Section 16 (b) of this Act, the Board shall maintain the
confidentiality of, and exempt from disclosure
1. Laboratory records provided to the Board; and
2. Medical information related to the test or a review of the test voluntarily
provided to the Board by the tested officer or employee.
(Q) The Board may use a laboratory record of a person made available to it under this
Act to develop an evidentiary record in its investigation of an accident or incident where the
fitness of such person is at issue.

SEC. 17. Non-admissibility as Evidence. — No part of a report of the PTSB related
to a transportation accident investigation may be admitted into evidence or used in a civil
action for damages resulting from a matter mentioned in the report. Furthermore, the PTSB
shall have immunity from suits arising from its investigation, pronouncements, and findings.

ARTICLE IV
MISCELLANEOUS PROVISIONS

SEC. 18. Relationship with Other Government Agencies. — (a) Nothing in this
Act shall deprive other government agencies from performing their intrinsic functions,
including the investigation of accidents or making inquiries thereon: Provided, That the
PTSB, at its discretion, may require the submission of the records, findings, and
recommendations of the investigation or inquiry. For this purpose, the agency concemed
shall transmit to the PTSB, within fifteen (15) days from receipt thereof, said records,
findings, and/or recommendations:


(b) In the exercise of its powers, the PTSB shall take into consideration the
provisions of any treaty entered into by the Republic of the Philippines with other countries
relative to the investigation of accidents over which the PTSB assumed jurisdiction.

SEC. 19. Annual Report. — The PTSB shall submit to both Houses of Congress an
annual report at the end of each year.

SEC. 20. Privacy Protection. — Nothing in this Act shall be construed as weakening
the protections mandated under Republic Act No. 10173, otherwise known as the “Data
Privacy Act of 2012.”

SEC. 21. Seal, — The PTSB shall have a seal which shall be officially recognized

ARTICLE V
FINAL PROVISIONS

SEC. 22. Transportation Safety Fund. — (a) There is hereby created a
Transportation Safety Fund, hereinafter known as the Fund, to be deposited in a special
trust fund to be administered by the PTSB. The Fund shalll be sourced from

1. Savings from the annual operating expenses of the PTSB; and

2. Monetary donations and gifts received by the PTSB under Section 8 of this
Act

(b) Subject to the usual accounting and auditing rules and regulations, the Fund shall
be used exclusively for the following purposes.

41. Operational expenses in investigating transportation accidents:

2. Studies and research on transportation safety;

3. Reimbursement of extraordinary expenditures and expenses of government
and private agencies and persons mobilized by the Board in investigating transportation
accidents; and

4. Training and related conferences to enhance the expertise of the officers,
personnel and employees of the PTSB.

SEC. 23. Appropriations. — The amount of Thirty million pesos (P30,000,000.00) is
appropriated to finance the operation of the PTSB for the first year out of the funds of the
National Treasury not otherwise appropriated. Thereafter, such amounts as may be
necessary and sufficient to finance its operations and activities shall be included in the
annual General Appropriations Act.

SEC. 24 Implementing Rules and Regulations. — Within sixty (60) days from the
effectivity of this Act, the PTSB, in coordination with the Department of Justice, Department
‘of Transportation, Department of Public Works and Highways, Department of Eneray,
Department of Trade and Industry and the Philippine National Police, shall promulgate the
implementing rules and regulations for the effective implementation of this Act

SEC. 25. Separability Clause. — if any provision or part of this Act is declared
invalid or unconstitutional, the remaining parts or provisions not affected thereby shall
remain in full force and effect

SEC. 26. Repealing Clause. — All laws, decrees, orders, proclamation, rules
and regulations, or parts thereof, which are inconsistent with any provision of this Act are
hereby repealed, amended, or modified accordingly.

SEC. 27. _Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation
Approved,