Republic of the Philippines
House of Representatives

Quezon City

EIGHTEENTH CONGRESS
First Regular Session

237

HOUSE BILL NO.

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS.

EXPLANATORY NOTE
Article II Section 5 of the 1987 Philippine Constitution provides that:

“The maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the blessings
of democracy.”

On February 20, 2017, a bus carrying the students of Bestlink College of the Philippines.
allegedly lost control and hit an electric post in Sitio Bayukan, Barangay Sampaloc, Tanay, Rizal.
Fourteen students and the driver of the bus were killed in the incident. The authorities cite brake
failure as the cause of the accident. Barely two months later, a bus travelling from Tlagan, Isabela
to Candon, Ilocos Sur fell into a 100-foot ravine in Carranglan, Nueva Ecija, killing at least 32
people and injuring 45 of its passengers. Overloading and the burst of the bus’s right front tire are
considered as the cause of the accident.

These two tragic incident together with the numerous transportation-related accidents
recorded in the country expose the inefficiencies in regulating policies covering public
transportation. They also underscore the need for an independent body to investigate such incidents
and appraise and asses the operating practices and regulations of government agencies involved in
the transportation sector.

This bill seeks the creation of the National Transportation Safety Board, a non-regulatory
entity tasked to determine the probable cause of transportation-related accidents on land, sea, and
air, including railway and pipeline systems. Other responsibilities of the Board include formulating
and promulgating safety improvement standards for the observance and implementation by
concerned government agencies and private entities.


This initiative will not only improve the country’s transportation sector, but will also

effectively prevent fatal accidents, thus, ensuring the protection and safety of the commuting
public.

In view of the foregoing, the passage of this bill is eamestly sought.

(ALFRED VARGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. _&37_

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title, - This Act shall be known as the “National Transportation
Safety Board Act.”

SECTION 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, by promoting transportation
safety. Towards this end, there is a need to establish a government 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 Il

CREATION
SECTION 3. National Transportation Safety Board. - There is hereby created a
National Transportation Safety Board (NTSB), a non-regulatory and independent agency
to implement the foregoing policies of the State. The NTSB shall be an independent


agency under the Office of the President and 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 or mitigate dangers to human lives and property; and

(b) Ensure the implementation of transportation safety standards.

The NTSB 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. 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.

SECTION 4. Jurisdiction. - The NTSB 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 ofa ship or marine vessel;

(b) Collision of ships or vessels;

(o) Air crash or collision of aircrafts;

(d) Overshooting or emergency landing of an aircraft;

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

(8) Derailment of trains.

The jurisdiction of the NTSB shall extend to similar accident or incident with
alarming magnitude such as, but not limited to:

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

(b) Failure or defect of transportation infrastructure facilities.

SECTION S. Powers and functions of the NTSB. -The NTSB shall have the

following powers and functions:


(a) Evaluate and harmonize transportation safety standards with
international 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 concerning 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 concerned government agencies and private
organizations the adoption of transportation safety standards and measures that will
improve transportation safety;

(ce) _ Prepare a 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 Il
ORGANIZATION

SECTION 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 first members of the Board. Any member may be removed
by the President for cause as provided for by law.

Incase of incapacity or absence of the Chairperson, the members shall choose from

among themselves an acting Chairperson.

SECTION 7. Term of Office. - All members shall have a fixed term of six (6) years.
Of 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 the term of office of a member, the
said member shall continue to serve until a successor is appointed and qualified.
Appointment to any vacancy is only for the unexpired term of the predecessor. Such
vacancy shall be filled within sixty (60) days from the date of its occurrence.

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

‘The Board shall have the following powers and functions:

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

(b) Authorize any of its employees to enter any property where a
transportation accident has occurred, or where wreckage is found, or where any such
accident is located, and do all things necessary for the proper conduct of investigation.
The authorized employee 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 concerned 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 government 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;

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

(g) Authorize an autopsy to be performed and have other tests made when
necessary to investigate an accident: Provided, that local or national laws protecting
religious beliefs related to autopsies shall be observed to the extent consistent with the
needs of the accident 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 official;

(h) Coordinate with the carrier involved in the accident so that resources of
the carrier may be used to the greatest extent possible to carry out the responsibilities of
the NTSB;

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

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

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

(1) Accept voluntary and uncompensated services, gifts or donations

notwithstanding any other provision of law to the contrary.

SECTION. 8. Chairperson; Duties and Powers. — The Chairperson shall be the
chief executive and administrative officer of the NTSB. The Chairperson shall:

(a) Administer oaths and issue subpoena duces tecum or subpoena ad
testificandum: Provided, that subpoenas shall be issued under the signature of the
Chairperson and may be served by any officer, personnel or employee of the NTSB as
designated by the Chairperson;


(b) Execute and carry out the policies, decisions, orders, and resolutions
approved by the Board;

(©) Direct and supervise the operations and internal administration of the
NTSB, 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 NTSB for approval by the Board;

(f) Supervise the expenditures of the NTSB;

(g) Delegate his/her authority, in whole or in part, to other officials of the NTSB
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.

SECTION 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 rule, ruling, order, resolution, decision or other acts of the Board.

SECTION 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.

SECTION. 12 Offices of the NTSB. - For the proper management and effective
implementation of the objectives of the NTSB, the following offices are hereby
established:

(a) Office of the Executive Director. - The NTSB 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 his
functions as executive and administrative head of the Board and be responsible for the
day-to-day management of the NTSB; record and report the proceedings of the Board;
have custody of records, maps, profiles, reports, and other documents filed in connection
with any case or proceedings before the NTSB; supervise the NTSB 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.

(©) 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.

(©) 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
NTSB.

(8) Office of Research and Engineering. - The Office of Research and Engineering
shall provide technical advice and services to the NTSB; conduct research and carry out
analytical studies and tests on all aspects of the NTSB’s transportation accident
ies; conduct safety studies

investigation, accident prevention and safety promotion acti
on specific safety issues; perform statistical analyses of transportation accidents and
incident data; maintain archival records of the NTSB’s accident investigation and safety
Promotion activities; and, support the NTSB's data processing, computing and
information management requirements.

(g) Office of the General Counsel. - The Office of the General Counsel shall provide
legal advice and assistance to the NTSB and its officers, personnel and employees;
Prepare rules, opinions and orders; and represent the NTSB 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 NTSB.

(i) 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.

SECTION 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 pattern 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.

SECTION 14. Prohibited Interests. - The Chairperson, members of the Board,
officers, and employees 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 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 NTSB as well

as administrative, civil or criminal prosecution under applicable laws.

SECTION 15. Recommendations of the Board. - The Board shall submit a
recommendation regarding transportation safety to the appropriate government
agencies of which they shall respond to each recommendation 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 as
well as other sanctions as provided under existing laws.

The Board shall recommend to the appropriate government agencies the recall of
any defective means of transportation and to cause the installation of the required part
or parts to make it 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 if the means of
transportation, including the activities of a commercial carrier, have been found
negligent, as well as suspension or revocation of license, 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,

SECTION 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 NTSB 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;

(©) 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. Toa 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 NTSB: Provided, That the
NTSB shall make public any part of the transcript that it deems relevant to the said
accident or incident:

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

(6) Except as provided in Section 15 (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.

(g) 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.

SECTION 17. Non-admissibility as Evidence. - No part of a report of the NTSB
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 NTSB shall have immunity from suits arising from its investigation,

pronouncements, and findings.


ARTICLE IV
MISCELLANEOUS PROVISIONS

SECTION 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
NTSB, at its discretion, may require the submission of the records, findings, and
recommendations of the investigation or inquiry. For this purpose, the agency concerned
shall transmit to the NTSB, within fifteen (15) days from receipt thereof, said records,

findings, and/or recommendations;

(b) In the exercise of its powers, the NTSB 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 NTSB assumed
jurisdiction,

SECTION 19. Annual Report. - The NTSB shall submit to both Houses of Congress an

annual report at the end of each year.

SECTION 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.”

SECTION 21. Seal. - The NTSB shall have a seal which shall be officially recognized.

ARTICLE V
FINAL PROVISIONS

SECTION 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 NTSB. The Fund shall be sourced from:

1. Savings from the annual operating expenses of the NTSB; and
2. Monetary donations and gifts received by the NTSB under Section 7 of this

Act.

(b) Subject to the usual accounting and auditing rules and regulations, the Fund

shall be used exclusively for the following purposes:


1. 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 NTSB.

SECTION 23. Appropriations. - The amount of Thirty million pesos (P30,000,000.00)
is appropriated to finance the operation of the NTSB 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.

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

SECTION 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.

SECTION 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.

SECTION. 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,