THIRTEENTH C~NGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Biazon 
EXPLANATORY NOTE 
Webster's dictionary defines "disaster" as a sudden calamitous event producing 
great material damage, loss and distress. It is a disturbing fact that disasters have 
remained a constant problem in the transportation industry, be it air, land or sea. These 
tragedies cause much damage to lives and properties, with losses amounting to at least 
2 to 3% of the country's gross domestic product (GDP) each year. Further, the economic 
losses are reflected mainly in the victim's productive year that are taken away by their 
untimely.deaths. The death and injuries due to various accidents result in considerable 
waste of country's resources and cause grief to the family and friends of the victim. 
Recent events have shown that the transportation industry has experienced 
several major catastrophies. In the land transportation sector, a public utility bus loaded 
with passengers was washed away into a river in lsabela province by rampaging 
floodwaters. The most recent tragedy that hit the transportation industry was the 
crashlanding into the waters of Manila Bay of a Laoag Airlines Fokker plane where at 
The government has responded to every transportation disaster by forming fact- 
finding bodies to investigate the cause or causes of the accident. These bodies were 
tasked to pinpoint responsibility for such tragedies and review such regulations and 
policies to prevent similar incidents from happening in the future. However, the recent 
disasters are testaments to the inadequate response of government towards the 
prevention of similar catastrophes. These tragedies could have been avoided had 
government initiated proactive measures designed to ensure "safety consciousness" 
among the owners of public utilities as well as the regulatory agencies mandated to 
monitor their operations. 
least fourteen (14) of its passengers perished. 
i 
To advance transportation safety consciousness, there is an urgent need to 
create the National Transportation and Safety Board (NTSB) which shall be 
independent, non-regulatory agency ,shall undertake to ensure thorough and impartial 
investigations of transportation accidents. It shall be primarily responsible for the 
analysis, evaluation and prevention of air, highway and marine transportation accidents, 
to include railway and pipeline systems, for the effective promotion of safety and prevent 
loss of life and property. Briefly, the mission of this Board is to engage in the 
investigation and determine probable cause@) of transportation accidents, the issuance 
of safety recommendations and special studies directed at preventing recurrence of such 
accidents and evaluating the effectiveness of concerned government agencies in 
preventing transportation accidents. 
The creation of an independent government agency to promote transportation 
safety by conducting independent accident investigations and by formulating safety 
improvement recommendations has come bf age, in the Philippine transport system. As 
envisioned, the proper conduct of responsibilities assigned to this independent Board 
requires vigorous investigation of major accidents involving all types of public utility 
vehicles or vessels regulated by other agencies of government. It demands continual 
review, appraisal, and assessment of the operating practices and regulations of all such 


agencies. It also envisions calling for the making of conclusions and recommendations 
that may be critical of or adverse to any such agency and its officials. 
No government agency can properly perform such function unless it is totally 
separate and independent from any other department, bureau, commission, or agency. 
The current regulatory agencies involved in the transport industry cannot be expected to 
conduct a thorough and impartial investigation on any major accident for the simple 
reason that such agencies may be themselves liable due to the improper or lack of 
implementation of pertinent laws, rules and regulations regarding safety. 
The importance and necessity of safe transportation system in our country 
cannot be over emphasized. The enactment of ttiis measure is expected to ensure that 
all modes of transportation in the Philippines are conducted safely. We believe that the 
NTSB will be an effective vehicle for the realization of such a need. 
Therefore, the passage of this bill is strongly recommende$ 
~ 
Senator 
2 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
First Regular Session 
1 
OF THE PHILIPPINES 
) 
?f/: JU!- -2 
A9 :03 
~~ 
Introduced by Senator Biazon 
AN ACT CREATING A NATIONAL TRANSPORTATION SAFETY BOARD, 
APPROPRIATING FUNDS THEREFOR 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 and cited as the "National 
Transportation Safety Act of 2004." 
SEC. 2. Declaration of Policy. - It is the policy of the State to prevent accidents 
and save lives and property in transportation; promote safety in the transportation of 
people, property and goods by conducting inqependent accident investigations; by 
continual and objective review, appraisal and assessment of operating practices and 
regulations of government agencies implementing transportation laws; and, by 
formulating and promulgating safety improvement standards for observance and 
implementation, by said agencies and concerned private sectors. 
SEC. 3. Creation. There is hereby created a National Transportation Safety 
Board, non-regulatory and independent agency herein after referred to as the Board, to 
implement the foregoing policy of the State. For administrative purposes, the Board shall 
be attached to the office of the President. 
SEC. 4. Objectives. -The Board shall have the following objectives: 
(a) 
To prevent future accidents, save lives and reduce injuries and property 
damages; 
To ensure the survivors and families of the victims of transportation 
accidents receive timely, compassionate assistance from the operators, 
other government agencies, and cdmmunity service organizations; 
(c) 
To ensure implementation of safety improvements that have been 
identified by the government agencies responsible for transportation 
safety; 
To conduct thorough accident and incident investigations, determining the 
probable causes, and publishing accident reports and safety studies that 
will convince other to act; and 
(e) 
To provide safety information to the public, safety managers, and Board 
employees to help them make more timely and informed decisions. 
SEC. 5. Sfructure and Organization. - The Board shall be composed of five (5) 
full-time members, including a Chairman and a Vice-chairman. All the members of the 
Board shall have extensive training and experience in the respective field of our marine, 
highway and rail transportation systems, and each must have adequate knowledge in 
(b) 
(d) 


investigation, analysis, and evaluation of transportation accidents, particularly in the field 
of accident reconstruction, safety engineering, or transportation safety. 
Members of the Board shall be appointed by the President of the Philippines, 
with the consent of the Commission on Appointments, for a term of six (6) years. The 
member designated by the President, as Chairman shall be with the consent of the 
Commission on Appointments. Of those first appointed, two members shall hold office 
for six years, two members for four years, and the last member for two years. 
Appointment to any vacancy shall be only for the unexpired term of the predecdssor. 
Upon the expiration of his term of office, a member shall continue to serve until his 
successor is appointed and shall have qualified. In no case shall any Member be 
appointed or designated in a temporary or acting capacity. Any member of the Board 
may be removed by the President for inefficiency, neglect of duty, malfeasance in office 
or any other legal cause. 
No member of the Board shall hold concurrently any other government office or 
position, or be employed in any government-owned or controlled corporation or entity or 
any private, business enterprise whose interest may be conflict with the Board's function 
and duties. 
The Chairman and Vice-chairman of the Board each shall serve for a term of two 
(2) years. The Chairman shall be the chief executive officer of the Board and shall 
exercise the executive and administrative functions thereof with respect to the 
appointment and supervision of personnel employed by the Board; the distribution of 
business among any administrative units of the Board; and the use and expenditures of 
funds. The Vice-chairman shall act as Chairman in the event of the absence or 
incapacity of the Chairmen or in case of a vacancy in any office of the Chairman. The 
Chairman of Acting Chairman shall be governed by the policies established by the 
Board, including any decisions, findings, determination, rules, regulations and formal 
resolutions. 
Three (3) members of the Board shall constitute a quorum for the transaction of 
any function of the Board. 
The Board shall establish and maintain distinct and appropriate staffed bureaus, 
divisions, or offices to investigate and report on accidents involving each of the following 
modes of transportation: (a) aviation; (b) highway and motor vehicle; and (c) railroad and 
tracked vehicles. The Board shall, in addition, establish and maintain any other such 
office as is needed, including an office as is needed, including an office to investigate 
and report on the safe transportation of hazardous materials. 
SEC. 6. Functions of the Executive Offices. - For the proper management and 
effective implementation of the objectives of the Board, each executive office shall 
perform the following functions: 
(a) Office of the Managing Director. -The Board shall have a Managing Director 
who shall be appointed by the President of the Philippines upon recommendation of the 
Board. The Managing Director shall have the following functions: 
Assist the Chairman in the discharge of his functions as executive 
and administrative head of the Board; 
Coordinate and direct the activities of the staff and is responsible 
for the day-to-day management of the affairs and activities of the 
Board; 
(1) 
(2) 
(3) 
Recommend and develop plans to achieve the Board's objectives; 
and 
(4) 
Provide executive secretarial services to the Board. 
4 


(b) Office of Public Affairs. -The Office of Public Affairs shall supply the public, 
the transportation industry and the news media with current, accurate information 
concerning the work, programs and objectives of the Board. 
(c) Office of Government Affairs. -The Office of Government Affairs shall supply 
Congress and the different national agencies with information regarding the Safety 
Board’s activities, programs and objectives. 
have the following functions: 
(d) Office-of the General Counsel. - The Office of the General Counsel shall 
(1) 
Provide legal advice and assistance to the Board and its staff 
components; 
Prepare Board rules, opinions and/or orders, and advice to all 
offices and bureaus on matters of legal significance; and 
Represent the Board in court actions to which the Board is a party 
or to which the Board is interested. 
(e) Office of Aviation Safety. - The Office of Aviation Safety shall have the 
Conduct investigations of all aviation accidents within the Board’s 
jurisdiction; 
Prepare reports for submission to the Board and release to the 
public setting forth the facts and circumstances of such accidents, 
including a recommendation as to the probable cause(s); 
Determine the probable cause(s) of accidents when delegated 
authority to do so by the Board; 
(2) 
(3) 
following functions: 
(1) 
(2) 
(3) 
(4) 
Initiate safety recommendations to prevent future aviation 
accidents; and 
Conduct special investigations into selected aviation accidents 
involving safety issues of concern to the Board. 
(5) 
(f) Office of Surface Transportation Safety. - The functions of the Office of 
Surface Transportation Safety shall be the following: 
(1) 
Conduct investigations of highway, railroad, marine, pipeline and 
hazardous materials accident within the Board’s jurisdiction; 
Prepare reports for submission to the Board and release to the 
public setting forth the facts apd circumstances of such accidents, 
including a recommendation as to the probable cause(@; 
Determine the probable cause@) of accidents when delegated 
authority to do so by the Board; 
(2) 
(3) 
(4) 
Initiate safety recommendations to prevent future surface 
transportation accidents; and 
Conduct special investigations into selected surface accidents 
involving safety issues of concern to the Bdard. 
(9) Office of Safety Recommendations. - The Office of Sifety Recommendations 
(h) Office of Research and Engineering. - The Office of, Research and 
(5) 
shall oversee the Board’s safety recommendations program. 
5 


Engineering shall have the following functions: 
(1) 
(2) 
Provide technical advice and services; 
Conduct research and carry out analytical studies and tests on all 
aspects of the Board's accident investigation, accident prevention 
and safety promotion activities; 
Conduct safety studies of specific safety issues; 
Perform statistical analyses of transportation accident and incident 
data; 
Maintain archival records of the Board's accident investigation and 
safety promotion activities and support public access to these 
records; and 
Support the Board's data processing, comput/ng and information 
management requirements, 
(i) Office of Administration. - The office of Administration is responsible for the 
custody and control of all Board records required to be preserved and kept. Moreover, it 
shall provide administrative support for the Board in the following areas: 
(3) 
(4) 
(5) 
(6) 
(1) 
budget; 
(2) 
accounting and audit; 
(3) 
personnel, training and payroll; 
(4) 
(5) 
property, space, communications, facilities and transportation 
information management and automatic data processing; 
management; 
printing, publications, mail, procurement, contracting, and accident 
inquiry services. 
SEC. 7. Compensation. - The salary of the Chairman and the members of the 
Board shall be the same as those of the Chairman and Members of the different 
Constitutional Commissioners. They shall also be entitled to computable representation 
and transportation allowances in the amount of Five Thousand Pesos (P 5,000.00) each 
per month. The salary of the Chairman and Members of the Board shall not be 
decreased during their tenure. 
SEC. 8. Personnel. - Subject to the civil service laws, rules and regulations, the 
Board is authorized to select, appoint, employ, and fix the compensation of such officers 
and employees, including investigators, and attorneys, as shall be necessary to carry out 
its powers and duties. 
SEC. 9. Duties and Powers of the Board. - The primary function of the Board is 
(6) 
to promote safety in transportation. 
(A) Duties of the Board. -The Board shall: 
(1) Investigate or cause to be investigated (in such details as it shall prescribe), 
and determine the facts, conditions, and circumstances and the cause or probable cause 
or causes of any: 
(a) 
aircraft accident within the scope of Subsection 11 of Section 32, 
Republic Act No. 776, as amended; 
6 


(b) 
(c) 
highway accident, including any railroad grade crossing accident 
that it selects; 
railway accident in which there is a fatality, substantial property 
damage, or which involves a passenger train; 
(d) 
pipeline accidents in which there is a fatality or substantial 
property damage; 
(e) 
major marine casualties and marine accidents, except those 
involving only vessels used by the Armed Forces of the 
Philippines, occurring on the navigable waters or territorial seas of 
the Philippines, or involving a vessel of the Philippines, in 
accordance with the regulations. to be prescribed jointly by the 
Board and tqe Secretary of Transportation and Communication in 
which the Coast Guard is operating. Any marine accident involving 
a public vessel and any other vessel shall be investigated and the 
facts, conditions, and circumstances, and the cause or probable 
cause determined and made available to the public by either the 
Board or the Secretary of Transportation; and 
other accident which occurs in connection with transportation of 
people or property, equipment or hazardous materials which, in 
the judgment of the Board, is catastrophic, involves problems of a 
recurring character, or would otherwise carry out the above-stated 
policy of the State. 
Nothing therein shall, prevent the Board from making further inquiries on 
accidents already investigated by existing accident-investigating bodies. Furthermore, 
the Board may require the submission of their records, reports, findings and 
recommendation of past investigation. 
The Board shall be the primary government body to conduct accident 
investigations under its jurisdiction. Other agencies mandated to investigate concurrently 
such accidents,shall coordinate with the Board in the performance of its functions. In 
addition, it shall give full support to the actions and policies dictated by the Board during 
the conduct of such investigations. 
(2) Report in writing on the facts, conditions, and circumstances of each accident 
investigated pursuant to paragraph (1) of this subsection and cause such reports to be 
made available to the public at reasonable cause notice of the issuance and availability 
of such reports to be published in the Official Gazette; 
(3) Issue periodic reports to Congress and government agencies concerned with 
transportation safety, and other interested persons recommending and advocating 
meaningful responses to reduce the likelihood of recurrence of transportation accidents 
similar to those investigated by the Board and proposing corrective steps to make the 
transportation of persons as safe and free from risk of injury as is possible, including 
steps to minimized human injuries from transportation activities. 
(4) Make transportation safety recommendations to national agencies and private 
organizations to reduce the likelihood of recurrences of transportation accidents; 
(5) Initiate and conduct special studies and special investigations on matters 
pertaining to safety in transportation and human injury avoidance. 
(6) Assess and reassess techniques and methods of accident investigation and 
prepare and publish from time to time recommended procedures for accident 
investigations; 
(7) Establish by regulation requirements binding on persons reporting accidents 
subjects to the Board's investigatory jurisdiction under this subjection; 
(f) 
7 


(8) Evaluate, assess the effectiveness, and publish the findings of the Board with 
respect to the transportation safety Consciousness and efficacy in preventing accidents 
of other government agencies, as well as promote transportation safety consciousness 
in both the national and local government; 
of safeguards and procedures concerning the 
transportation of hazardous materials and the performance of carriers and other 
government agencies charged with assuring the safe transportation of such materials; 
(IO) Gather, analyze and survey, and keep data and statistics and: transportation 
(1 I) 
Prepare and submit annual reports which shall include specific proposals for 
corrective legislation to the Department of Transportation and Communications, with 
copies simultaneously furnistied to the appropriate committees of the Senate and House 
of Representative; 
(6) Powers of fhe Board. - (1) The Board, or upon authority of the Board, may 
member theregf, or any officer or employee duly designated by the Chairman, may 
conduct such hearings, sit and act as such times and places, 'administer such oaths and 
require by subpoena or subpoena duces tecum the attendance and testimony of such 
witnesses and the production of such evidence as the Board or such officer may deem 
necessary. Subpoenas shall be issued under the signature of the Chairman, or the Vice- 
Chairman, and may be served by and person designated by the Chairman. 
(9) Evaluate the adequacy 
accidents; 
(2) Any employee of the Board, upon presenting appropriate credentials and a 
written notice of, inspection authority, is authorized to enter any property wherein a 
transportation accident has occurred or wreckage any such accident is located and do 
all things therein necessary for the proper conduct of investigation. The employees may 
inspect , at reasonable times, records, files, processes, controls and facilities relevant to 
the investigations of such accident, Each inspection shall and commenced and 
completed with reasonable promptness and the results of such inspection made 
available. 
(3) In case of contumacy or refusal to obey a subpoena, an order, or an 
inspection notice of the Board or any duly designated employee thereof, by any person 
who resides, is found, or transacts business within the jurisdiction of the Philippines, may 
be required to comply forthwith by a court of competent jurisdiction, upon the petition of 
the Board. Failure to obey such an order is punishable by such court as contempt of 
court. 
(4) The Board is authorized to enter into such contracts, leases, cooperative 
agreements, or other transactions as may be necessary in .he conduct of the functions 
and the duties of the Board under this Section, with an 1 government entity or any 
person. 
4 
I 
1 
(5) The Board is authorized. to: 
(a) Use, on a reimbursable basis or otherwise, when appropriate, 
available services, equipment, personnel and facilities of the 
Department of Transportation and Communication, the Department of 
National Defense, the Department of Public Works and Highways and 
other agencies and instrumentalities of the government in the conduct 
of its investigation. 
(b) Employ recognized experts and consultants on the accidents under 
investigation who shall be paid by compensation fixed by the Board: 
Provided, That not more than two consultants shall be appointed for 
each incident being investigated. 
(c) Create advisory committees composed of qualified private citizens 
and government officials as it deems necessary or appropriate; 


(d) Accept voluntary and uncompensated services notwithstanding any 
other provision of law; 
(e) Accept gifts or donations of money or property, including real, 
personal, mixed, tangible or intangible; and 
(f) Enter into contracts with public or private non-profit entities for the 
conduct of studies related to any of its functions. 
(6) Whenever the Board 'submits or transmits any budget estimates, budget 
request, supplemental budget estimate, or other budget information, legislative 
recommendation, prepared testimony for Congressional hearings, or comment on 
legislation to the President or the Department of Budget and Management, it shall 
concurrently transmit a copy thereof to the Congress. No officer or agency of the 
Philippine government shall have any authority to require the Board to submit its budget 
requests or estimates1 legislative recommendations, prepared testimony for 
congressional hearings, br comments on legislation to any officer or agency of the 
National Government for approval, comments, or review! prior to the submission of such 
recommendations, testimony, or comments to the Congress. 
(7) The Board is empowered to designate representatives to serve or assist on 
such committees as the Chairman determines to be necessary or appropriate to 
maintain effective liaison with executive departments, other government agencies, and 
with independent standard-setting bodies carrying out programs and activities related to 
transportation safety. 
(8) The Board, or any employee of the Board duly designated by the Chairman, 
may conduct an inquiry to secure data with respect to any matter pertinent to 
transportation safety, upon publication of notice of such inquiry in the official Gazette; 
and may require, by special or general orders, government agencies and persons 
engaged in the transportation of people or property in commerce to submit written 
reports and answers to such requests questions as are propounded with respect to any 
matter pertinent to any function of the Board. Such reports and answers shall be 
submitted to'the Board or top such employee within such reasonable period of time and 
in such as the Board may determine. Copies thereof shall be made available for 
inspection by the public. 
(9) The Board may delegate any of its power and functions to the heads of the 
different offices enumerated in Section 6 hereof, to further facilitate the implementation 
of the provisions of this Act. 
(IO) Establish such rules and regulations as may be necessary to the exercise of 
its powers and functions under this Act. 
SEC.lO. Recommendations of the Board. - The Board shall recommend to the 
Department of Transportation the recall of defective conveyance and to cause the 
installation of the required part or parts to make it safe, and notify not only the distributor 
or purchasers but also the public of such defect. Likewise, it shall recommend the 
grounding of any defective conveyance pending the investigation of the cause or nature 
of its defect. 
Wherever the Board submits a recommendation regarding transportation safety 
to the secretary of transportation, he shall respond to each such recommendation 
formally and in writing not later than thirty (30) days after receipt thereof. The response 
to the Board by the Secretary shall indicate his intention to - 
initiate and conduct procedures for adopting such recommendation in full, 
pursuant to a proposed timetable, a copy of which shall be included; 
initiate and conduct procedures for adopting such recommendation in 
part, pursuant to a proposed timetable, a copy of which shall be included. 
(1) 
(2) 
9 


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Such response shall set forth in detail the reasons for the refusal to 
proceed as to the remainder of such recommendation; 
(3) 
refuse 
to 
initiate 
or 
conduct 
procedures for 
adopting 
such 
recommendation. Such response shall set forth in detail the reasons for 
such refusal. 
SEC. 11. Use of Reports in Actions and Damages. - No part of any report of the 
relating to any accident or the investigation thereof, shall be admitted as 
ce or used in any suit or action for damages growing out of any matter mentioned 
I report or reports. Furthermore, the Board shall have immunity from suits arising 
; investigation, pronouncements, and findings. 
SEC. 12. Seal. - The Board shall have a seal, which shall be officially 
ized. 
SEC. 13. Annual Report. - The Board shall report to Congress on the second 
if August of each year. Such report shall include, but not limited to - 
(1) 
a statistical and analytical summary of the transportation accident 
investigations conducted and reviewed by the Board during the preceding 
calendar year; 
a survey and summary, in such detail as the Board deems advisable, of 
the recommendations made by the Board to reduce the likelihood of 
recurrence of such accidents together with the observed response to 
each recommendation; 
an appraisal in detail of the accident investigation and accident prevention 
activities of other government agencies charged by law with responsibility 
in this field; and 
a biennial appraisal and evaluation and review, and recommendations for 
legislative and administrative action and change with respect to 
transportation safety. 
(2) 
(3) 
(4) 
SEC. 14. Fiscal Autonomy. - The Board shall enjoy fiscal autonomy. Their 
approved annual appropriations shall be automatically and regularly released. 
SEC. 15. Appropriations. - The Board shall receive an appropriation in the 
amount of Thirty Million Pesos (P 30,000,000.00) 
to finance its operation for the first year 
to be appropriated out of the funds of the National Treasury not otherwise appropriated 
out of the funds of the National Treasury not otherwise appropriated and thereafter such 
amounts as may be sufficient to finance its operations and activities shall be 
incorporated in the annual General Appropriations Act. 
SEC. 16. Separability Clause. -Any portion or provision of this Act which may be 
declared unconstitutional shall not have the effect of nullifying other portions or 
provisions hereof, as long as such remaining portions or provisions can still subsist and 
be given effect in their entirely. 
SEC. 17. Repealing Clause. -All laws, decrees, orders, proclamation, rules and 
regulations, or parts thereof, which are inconsistent with any of this Act are hereby 
repealed, amended, or modified accordingly. 
SEC. 18. €fectivity, - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved 
10