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SIXTEENTH CONGRESS ) ; oN
REPUBLIC OF THE PHILIPPINES ) aoe ER Br
First Regular Session ) 1
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HOUSE OF REPRESENTATIVES 4 4

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriquez, Jr.

House Bill No, 3803

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,
4988; 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,

‘And just 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

The Board of Marine Inquiry (BMI) is an ac-hoc body created to investigate
these maritime accidents but it seems that it has been inept in performing its
functions. The composition of the BMI is made up of people from MARINA and the
PCG. This could lead to a conflict of interests as what the BMI are investigating are
maritime accidents which, more often than not, involve the MARINA and the PCG.

The bill therefore seeks for the creation of an independent National Marine
Transportation Safety Board that would effectively address these maritime issues
and prevent the recurrence of these sea tragedies.

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

RUFYS B. RODRI

suomi heen JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. _ 38 03

AN ACT
CREATING THE NATIONAL MARINE TRANSPORTATION SAFETY BOARD
(NMTSB) OF THE PHILIPPINES

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

Section 1. Declaration of Policy - The State shall create an independent agency
known as the National Marine Transportation Safety Board of the Philippines
dedicated to promoting marine safety, investigating sea disasters and pointing
responsibility where such is warranted

Section 2. Objective - The Safety Board shall be mandated by Congress to
investigate marine transportation accidents, determine the probable causes of the
marine accidents, issue safety recommendations, study marine transportation safety
issues, and evaluate the safety effectiveness of government agencies involved in
marine transportation.

The Safety Board shall also be mandated to make public its actions and
decisions through accident reports. safety studies, special investigation reports,
safety recommendations, and statistical reviews.

Section 3. Coverage - The Safety Board shall determine the probable cause of:
a. major marine accidents and any marine accident involving a public
and a nonpublic vessel; and
b. marine transportation accidents that involve problems of a recurring
nature or are catastrophic.

Section 4, Jurisdiction and Authority - The Safety Board shall have the authority to:
a. conduct special studies on marine safety problems;
b. maintain official Philippine census of maritime accidents;
c. review appeals from merchant seamen whose cerfificates have
been revoked or suspended; and
d. evaluate the effectiveness of emergency responses to maritime
accidents.

Section 5. Subpoena Powers - The Safety Board shall have the power to:
a. issue a subpoena requiring the attendance of any person before the
Safety Board and for the production of any document or record relevant to the
investigation; and
b. to cause any person contemptuous of any such subpoena to be
prosecuted before a competent Court.

Section 6. Composition - The Safety Board shall be composed of five (5) Members
who are appointed for five-year terms by the President, from a list of recommendees


to be submitted by the Department of Transportation and Communication (DOTC)
and Department of interior Local Government (DILG).

‘At least three (3) Members shall be appointed on the basis of technical
qualification, professional standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors, marine transportation safety, or
marine transportation regulation.

The President shall appoint, from the same list above, a Chairman of the
Board. The President shall also designate a Vice Chairman of the Board, The terms
of office of both the Chairman and Vice Chairman are two (2) years. When the
Chairman is absent or unable to serve or when the position of Chairman is vacant,
the Vice Chairman acts as Chairman

Section 7. Implementing Rules and Regulations - The necessary rules and
regulations needed to implement the provisions of this Act shall be promulgated
within ninety (90) days after the approval of this Act.

Section 8. Repealing Clause — All laws, decrees, executive orders, department or
memorandum orders and other administrative issuances or parts thereof which are
inconsistent with the provisions of this Act are hereby modified, superseded or
repealed accordingly,

Section 9. Effectivity Clause - This Act shall take effect after fifteen (15) days

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

Approved,