SIXTEENTH CONGRESS OF THE 
) 
REPUULlC OF THE PHILIPPINES ) 
I.'irst Regular Session 
) 
'13 
.JIlL 16 PI) :59 
SENATE 
S. NO. _-",8,-",,1:....::6,---
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
--------------------
EXPLANATORY NOTE 
Various factors can provide explanation why accidents at sea are common in the 
Philippines.Apart from storms and typhoons, negligence and unsafe state of passenger vessels 
play crucialrole in these accidents. 
According to govermnent records, the country has a very poor maritime safety record with 
anaverage of more than 200 accidents every year. Sea accidents in the past have been 
blamedspecifically on overloaded and poor maintenance of ships or ferries, lack of warning 
about badweather and ship's crew incompetence. 11 
In the country, under Republic Act No. 5173, the Philippine Coast Guard (PCG) was created 
andmandated particularly to inspect and approve vessels for operation, and enforce provisions 
forthe safety of life and property on vessels. The Domestic Shipping Development Act of 
2004(R.A. 9295), however, provided for the complete transfer of these functions to the Maritime 
Industry Authority (MARIN A). 
Although the recently-passed Philippine Coast Guard Law of 2009 or Republic Act No. 
9993gave the PCG the authority to conduct inspections on all merchant ships and vessels to 
ensurecompliance with ship safety standards, the said law did not provide for clear-cut 
provisionsregarding ship safety inspection services and penalties concerning the same. 
This bill puts the maritime safety administration in the right perspective by giving 
theresponsibility of ship safety inspection solely to the peG, with the end in view of preventing 
theloss of thousands of Jives and property caused by sea accidents every year, and putting a halt 
on the blaming game among government agencies. 
In view of the foregoing, approval ofthis bill is highly recommend tl. 
1 ASla~Pactfic 
Features.Ferry 
sinking 
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spotty 
safety 
in 
Philippmes, 
fun 
http://www.monstersandcritics.com!newsjasiapacific/features on 6/26/2013. 
NY" • TRILLANES IV 
Senator 
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1 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
~~%) ftfl{ if' 
<.$JIlin of II)-/: :~rn'l"bt~ 
'13 
JUL 16 
F' 4 :59 
s.No._8--'...--1_H__ 
IU:c:·;r,··n BV:r 
----------------~~-__'./_C-
\ 
Introduced by Senator Antonio "Sonny" F. Trillanes TV 
AN ACT 
TO RESTORE THE PHILIPPINE COAST GUARD (PCG) OF rrs AUTHORITY AND 
RESPONSffiILITY TO PERFORM SHIP SAFETY INSPECTION SERVICES AND 
CARRY OUT OTHER SllIP SAFETY ENFORCEMENT FUNCTIONS, AMENDING 
}'OR THIS PtJRI'OSE REPUBLIC ACT NUMBERED 9993, PROVIDING PENALTIES 
FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION l.Short Title.- This Act shall be known as the "Maritime Safety Act of 
2 
2013." 
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SEC. 2.Declaration of Policy.- It is hereby" declared the policy of the State to adopt 
4 
measures that ensure safe and convenient sea travel and/of transport. 
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SEC. 3.De/lnitioll of Term.As used in this Act, ship or vessel shall refer to: 
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a) 
any kind, class or type of craft or artificial contrivance capable of floating in water, 
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designed to be used, or capable of being used as means of water transport under the 
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maritime jurisdiction of the Philippines for the purpose of transporting passengers 
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and/or cargo, for fishing and other commercial purposes utilizing its own motive 
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power or that of another; 
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b) a vessel of any type whatsoever not pennanently attached to the sea-bed, including 
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dynamically supported craft, submersibles, or any other floating craft. 
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SEC. 4.0bjectives of the Act.- This Act shall have the following objectives: 
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a) 
b) 
. c) 
d) 
to ensure the safe and responsib~e operation of vessels within the maritime 
jurisdiction oftlte country; 
to promote the safety of life and property at sea and to protect all users of the sea 
within the marine jurisdiction of thy: country; 
to authorize the Philippine Coast Guard to undertake the enforcement activities 
prior to a ship's departure, llIld while the ship is under way; and 
to provide for the investigation of marine accidents and for appropriate action 
following any such investigation. 
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SEC. 5. Authority and Responsibility of Per:forming Ship Safety Inspection Services. -
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The Philippine Coast Guard (pCG) shall be restored of its authority and responsibility to perform 
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ship safety inspection services, issuance of Special Permit to carry dangerous cargoes/goods, 
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performance of ship safety enforcement functions and marine casualty investigation for 
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Philippine-registered ships engaged in domestic operations. 
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SEC. 6. Ship Safety Inspection ServiceslFunctions. - The PCG, in order to promote 
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safety of life and property at sea and to protect all users of the sea within the marine jurisdiction 
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of the country, shall have the following ship safety inspection functions: 
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a)' Comprised by the assessment of Philippine-registered ships engaged in domestic 
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trade, inspection services shall be conducted by the PCG prior to the issuance of ship 
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safety certificates, in order to determine the compliance of such ships with applicable 
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requirements of national laws, rules and regulations and international conventions: 
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Provided, That said laws, rules and regulations and international conventions are 
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within the jurisdiction of the peG: PrOVided, further, That such laws, rules and 
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regulations pertain to ship safety standards; 
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b) Authorization to perform ship safety inspection services shall be based on ships 
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homeported in areas covered by the concemed maritime district or unit office of the 
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PCG; 
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c) All ship safety certificates shall be issued by the PCG to those ships that have 
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undergone inspection; 
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d) The PCG shall issue Special Pennit to carry dangerous cargoes/goods on board 
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Philippine registered ships engaged in domestic trade. 
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SEC. 7. Enforcement Functions. The PCG shall have the authority and responsibility in 
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the following enforcement activities prior to a ship's departure, and while the ship is under way: 
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a) Verify the validity of ship and crew documentation prior to ship's departure; 
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b) Verify compliance with all the tenns and conditions of the Certificate of Public 
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Convenience (CPC), or CPC Exemption; specifically: 
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I) Approved routing pattern/s; 
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2) Validity of passenger insurance policy; and 
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3) Maximum authorized passenger capacity through head counting in case 
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there is clear indication of overloading/overcrowding. 
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c) Serve copies of issued Cease and Desist Order (CDO) to the Master of the ship and to 
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enforce the same; 
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d) Undertake 
mandatory 
pre-departure inspection in accordance 
with PCG 
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Memorandum Circular Nos. 04-98 and 03-96, and their subsequent amendments; 
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e) Issue Maritime Violation Receipt (MVR) to the Master of the ship who fails to 
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comply with the provisions of relevant laws, rules and regulations on vessel safety. 
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When the violatibn warrants detention of the ship, the PCG shall request the 
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Philippine Ports Authority in writing; together with a copy of the MVR, to deny 
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departure clearance of the ship in accordance with Executive Order No. 493; 


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f) Receive, accept and forward copy of Master's Oath of Sitfety Departure (MOSD) to 
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the First party on a monthly basis. 
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SEC. 8. Weather Forecasting Mechanism. - All ships shall be required to have their 
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own weather forecasting equipment, which shall provide real time weather information and shall 
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be independent from that of the P AGASA. Each master of the ship shall conduct proper training 
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to the ship's crew for the operation and utilization of the said equipment. 
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SEC. 9. Responsibility.for Excess Passengers. -
The responsible ship safety inspector, 
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who, in performance of his or her duty, allowed a domestic vessel to depart port, shall be held 
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accountable for every passenger in excess of the actual physical capacity of the said vessel, and 
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shall be subject to a corresponding penalty as listed in Section 13 of this Act. 
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SEC. 10. Responsibility lor Excess Gross Tonnage. - The responsible ship safety 
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inspector shall be held accountable for every gross tounage in excess of the actual physical 
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capacity of every domestic vessel which the said officer, in the performance of hislher duty, 
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allowed to depart port. Said erring inspector shall be subject to a corresponding penalty as listed 
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in 'Section 13 of this Act. 
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SEC. 11. Administrative Powers in Marine Casualties or Incidents. - The PCG, with its 
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function to investigate and inquire into the causes of marine accidents and casualties and marine 
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pollution incidents, shall determine appropriate administrative liabilities, fines, and penalties of 
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responsible parties. It may promulgate policies, rules and regulations necessary for the conduct 
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of the same. It shall be recognized that: 
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a) the PCG has the power and authority to hear and adjudicate any complaint made in 
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writing involving any violation of Republic Act No. 9295 or the Domestic Shipping 
26 
Act; 
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, 
, 
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b) under Republic Act No. 5173, P.D. No. 601 and the 1976 Philippine Merchant 
2 
Marine Rules and Regulations, the peG has the power and authority to convene the 
3 
Board of Marine Inquiry and Special Boards of Marine Inquiry; 
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c) the jurisdiction of the Board of Marine Jnquiry is to conduct administrative hearings 
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to determine the causes of marine casualties or incidents upon receipt of a marine 
6 
protest and to review on appeal the resUlts and findings of Special Boards of Marine 
7 
Inquiry; 
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d) the jurisdiction of the Special Boards of Marine Inquiry is to conduct administrative 
9 
hearings to detetn:Jine the causes of marine casualties in their geographical areas of 
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jurisdiction. 
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SEC. 12. Ship Safety Inspection Services. - The designated ship safety inspectors of the 
13 
peG shall meet the qualification requirements prescribed for ship safety inspectors under the 
14 
existing ship safety inspection system. Such qualified ship safety inspectors shall be fully 
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familiar with the pertinent safety rules and regulations for domestic ships, and undergo 
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orientation/training on ship safety inspection. 
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All inspectors of the peG performing ship safety inspection services at locations outside 
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100 kilometer radius from their official stations shall be provided reimbursement 'of travel 
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expenses in accordance with Executive No. 298, subject to the usual accounting and auditing 
20 
rules and regulations. 
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In the conduct of ship safety inspection services by the peG in areas within 100 
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kilometer radius from the official stations of their inspectors, a reasonable amount to cover 
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gasoline expenses, supported by official receipts shall be allowed for reimbursement, as 
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authorized by a valid travel order issued for the purpose. 
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SEC. 13. Penalties/or Specific Violations. - Loss ofIives and properties resulting from 
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a ship safety inspector's violation of this Act shall be punished accordingly. 
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a) Simple negligence - This shall be punishable by imprisonment of six (6) months to 
one (1) year at the discretion of the court; 
b) Gross dereliction of duty - This violation shall be punishable by imprisonment of one 
(1) year to three (3) years at the discretion of the court; 
c) Abandonment of post - This shall be punishable by imprisonment of three (3) years 
to six (6) years at the discretion of the court; 
d) Excess Passengers - This violation shall be punishable by imprisonment of one (1) 
year to three (3) years for every passenger in excess of the actual physical capacity of 
the vessel, at the discretion of the court; 
e) Excess Gross Tonnage - This shall be punishable by imprisonment of (3) years to six 
(6) years for every gross tonnage in excess of the actual physical capacity of the 
domestic vessel being aIlowed to depart port, at'the discretion of the court; 
f) Payment of damages to commercial vessels operators/owners - In case a commercial 
vessel does not sail due to failure of the designated ship safety inspectors ofthe PCG 
to perform their duty, the assigned officers andlor inspectors for operational and 
random inspections shall pay the actual damage to the said commercial vessel. 
SEC. 14. General Penal Clause. - Any other violation of this Act by any person shall be 
punished with a fine of not less than one hundred thousand pesos nor more than five hundred, 
thousand pesos or by imprisonment of six (6) months to five (5) years or both at the discretion of 
the court: Provided, That, in case the violation is committed by an association or corporation, the 
penalty herein prescribed shall be imposed on the responsible officers or directors thereof: 
Provided, further, That, nothing in this Act shall prevent the PCG from providing administrative 
penalties for violation of any regulation that it promulgates. 
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SEC. 15. Appropriation. - The funds needed fur this purpose shall be taken from the 
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"appropriations of the Department of Transportation and Communication. Thereafter, such 
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amount necessary for the implementation of this .Act shall be included in the annual General 
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Appropriations Act. 
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SEC. 16. Separability Clause. - If any provision of this Act shall at any time be found to 
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be unconstitutional or invalid, the remainder thereof not affected by such declaration shall 
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remain in full force and effect. 
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SEC. 17. Repealing Clause. - All laws, decrees, rules or regulations inconsistent with 
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the provisions of this Act are pereby repealed or modified accordingly. 
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SEC. 18. Effectivity Clause. - This Act shall take effect after fifteen (15) days following 
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its complete publication in two (2) newspapers of general circulation. 
Approved, 
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