& REPRESEN

Republic of the Philippines fey° E- Filed
HOUSE OF REPRESENTATIVES [SS RECEIVED
Quezon City fo}
DATE August 23, 2022
NINETEENTH CONGRESS 5 TIME 20pm
First Regular Session ‘es i
HOUSE BILL NO. 4032 ip INDEX

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

The Philippines is a party to several agreements relating to the international
maritime matters. The Philippines is a party to the International Convention for the
Safety of Life at Sea of 1974, including its protocols of 1978 and 1988, and
agreement of 1996. The country is also part of the United Nations Convention of the
Law of the Sea of 1982. Other international conventions like the Salvage Convention
of 1989 and the International Convention on Maritime Search and Rescue of 1979
also calls for providing assistance to persons who are in distress at sea.

As a major party to the global maritime industry, the Philippines should
highlight its commitments to international conventions relating to safety and rescue
of persons who are in distress at sea by enacting a law that will concretize the
provisions in said international agreements. As such, this representation filed the bill
herein to require the rendering of assistance to persons who are in distress at sea.

This representation likewise seeks to make it a State policy that unlawful acts
committed on waters forming part of the national territory and those over which the
country has sovereignty and jurisdiction are prevented, detected, and penalized to
ensure a safe maritime environment as well as safeguard the lives and properties of
its citizens.

For the Filipino people, approval of the foregoing bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _4032

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

AN ACT PROVIDING FOR RULES ON
THE DUTY TO RENDER ASSISTANCE AT SEA
IN ACCORDANCE WITH RELEVANT INTERNATIONAL
CONVENTIONS TO WHICH THE PHILIPPINES IS A
STATE PARTY AND FOR OTHER PURPOSES

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

SECTION 1. SHORT TITLE. This Act shall be known as the “Good Samaritan at
Sea Law.”

SECTION 2. DECLARATION OF POLICY. The following are hereby declared to be
the policies of the State:

a) The State shall provide for the full and effective implementation and
enforcement of international maritime instruments ratified by the Philippine
Government that cover safety of life at sea and comply with its duties and
obligations to the international community as a State Party.

b) The State shall ensure that unlawful acts committed on waters forming part of
the national territory and those over which the country has sovereignty and
jurisdiction are prevented, detected, and penalized to ensure a safe maritime
environment as well as safeguard the lives and properties of its citizens.

SECTION 3. DUTY TO RENDER ASSISTANCE. The master of a ship, in so far as
he can do so without serious danger to the ship, the crew, or the passengers has the
duty to:
a) To render assistance to any person or persons found at sea in danger of
being lost;


b) After a collision, to render assistance to the other ship, its crew and its
passengers and, where possible, to inform the other ship of the name of his
own ship, its port of registry and the nearest port at which it will call.

SECTION 4, DISTRESS SIGNALS. Upon receiving a signal from any source that
personsare in distress at sea or if informed of their need of assistance, the master of
a ship at sea which is in a position to be able to provide assistance, in so far as he
can do so without serious danger to the ship, the crew, or the passengers, is bound
to proceed with all speed to their assistance, if possible informing them that the ship
is doing so.

SECTION 5. UNABLE TO ASSIST. If the ship receiving the distress alert is unable
or, in the special circumstances of the case, considers it unreasonable or
unnecessary to proceed to their assistance, the master must enter in the log-book
the reason for failing to proceed to the assistance of the persons in distress, and
inform the appropriate search and rescue service or Philippine Coast Guard.

SECTION 6. REQUISITION. The master of a ship in distress, the Philippine Coast
Guard, or the search and rescue service concerned, after consultation, so far as may
be possible, with the master or masters of the ship or ships which answer the
distress alert, has the right to requisition one or more of those ships as they
considers best able to render assistance, and it shall be the duty of the master or
masters of the ship or ships requisitioned to comply with the requisition by
continuing to proceed with all speed to the assistance of persons in distress.

SECTION 7. PENALTIES. Any violation or failure to perform any of the acts
enumerated herein shall be punishable by a fine of not less Five million pesos
(P5,000,000.00) but not more than Ten million pesos (10,000,000.00). If the violator
is the cause or part of the ship that caused the distress at sea, the fine shall be not
less than Ten million pesos (P10,000,000.00) but not more than Twenty million
pesos (P20,000,000.00).

If the violation was committed within internal waters or within the territorial
sea, an additional penalty of imprisonment of not less than six (6) months but not
more than one(1) year shall be imposed. If the violator is the cause or part of the
ship that caused the distress at sea, an additional penalty of imprisonment of not
less than one (1) year and one (1) day but not more than two (2) years shall be
imposed. Repeat offenders or violators shall be dealt with the maximum penalties
allowed. No foreign person shall be deported without the payment of the imposed
judicial and/or administrative fines and service of sentence, if any.

SECTION 8. JURISDICTION. The jurisdiction to determine violations and impose
the appropriate penalties thereto shall belong to any of the Regional Trial Courts in
the Province or City nearest to the place where the distress occurred.

SECTION 9. SEPARABILITY CLAUSE. If, for any reason, any section,
subsection, clause orterm of this Act is held to be illegal, invalid, or unconstitutional,
such parts not affected bysuch declaration shall remain in full force and effect.


SECTION 10. REPEALING CLAUSE. All existing laws, orders, decrees, rules and
regulationsor parts thereof inconsistent with the provisions of this Act are hereby
amended, modified orrepealed accordingly.

SECTION 11, EFFECTIVITY CLAUSE. This Act shall take effect fifteen (15) days
after itspublication in the Official Gazette or in a newspaper of general circulation.

Approved,