z Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS,

First Regular Session

House BillNo.__ 868

Introduced by Hon. Rodolfo G. Biazon

a

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. Needless to say, these
tragedies cause so much unnecessary damage to lives and properties.

When transportation accidents happen, investigations are normally undertaken by the
very same government agencies that may have been remiss in their duties in the first place.
To address this problem and to advance transportation safety consciousness, there is an
urgent need to create the National Transportation and Safety Board (NTSB) which shall be an
independent and non-regulatory agency to ensure thorough and impartial investigations of
transportation accidents. It shall be primarily responsible for the analysis, evaluation and
prevention of air, overland 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(s) 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 of age in the Philippine transport system. As envisioned, the
proper conduct of responsibilities a ssigned 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 continuous 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 iti 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
Jaws, rules and regulations regarding safety.

‘The importance and necessity of a safe transportation system in our country cannot be
overemphasized. The enactment of this measure is expected to ensure that ali 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 recommended.

Lone District, Muntinlupa City


Republic of ihe Philippines
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS

First Regular Session

House BilNo.__ 866

Introduced by Hon, Rodolfo G. Biazon

————

AN ACT
CREATING A NATIONAL — TRANSPORTATION SAFETY —_ BOARD,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSE!

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

SECTION I. Short Title. ~T his act shall be known and cited as the "National

Transportation Safety Board Act of 2008."

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 independent accident investigations; by continuous 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, a

non-regulatory and independent agency hereinafter referred to as the Board, to implement the

foregoing policies 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;

(b) To ensure that survivors and families of victims of transportation accidents
receive timely and compassionate assistance from the operators, other government
agencies, and community service organizations;

(c) To ensure implementation of safety standards in the transportation industry; and

(d) To conduct thorough accident and incident investigations, determine the probable
‘causes, and publish accident reports and safety studies.

Sec. 5. Structure and Organization. ~ The Board shall be composed of five (5) full-

time members,

Juding 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, air,
overland and rail transportation systems, 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 of the Board shall be appointed by the President of the Philippines for a
term of six (6) years. Of those first appointed, two members shall hold office for six years,
two members for four years, and the last member for wo years. Appointment to any vacancy
shall be only for the unexpired term of the predecessor. In no case shall any Member be

appointed or designated in a temporary or acting cap:

. 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 concurrently hold 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 in conflict with the Board’s function and

duties.

1


‘The Chairman shall be the chief executive officer of the Board.

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) maritime; and (c) overland including railroad and
tracked vehicles.

Sec. 6. Office of the Executive Director. ~ The Board shall have an Executive Di

tor

who shall be appointed by the President of the Philippines upon recommendation of the
Board. The Managing Director shall have the following functions:
(1) Assist the Chairman in the discharge of his fimnctions as executive and

administrative head of the Board;

(2) 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;

(3) Recommend and develop plans to achieve the Board’s objectives; and

(4) Provide secretariat services to the Board

Sec. 7, Compensation. ~ The salary of the Chairman and members of the Board shall
be the same as those of the Chairman and Members of the different Constitutional

Commissions. The salary of the Chairman and Members of the Board shall not be decreased

during their tenure.

Sec. 8. Personnel. — Subject to civil service laws, rules and regylations, 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 to
promote safety in transportation.
(A) Duties of the Board. - The Board shall: .

(1) Investigate and determine the facts, conditions, and circumstances and the

‘cause or probable cause or causes of any air, overland and maritime accidents.
Nothing herein 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 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;

(3) Issue periodic reports to Congress and government agencies concerned with
transportation safety; _

(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 investigations on matters pertaining to

safety in transportation;


(6) Assess and evaluate techniques and methods of accident investigation and
prepare and publish from time to time recommended procedures for accident
investigations;

(7) Evaluate and publish the findings of the Board with respect to the
transportation safety consciousness and effectiveness in preventing accidents
of other government agencies, as well as promote transportation safety
onsciousness in both the national and local governments

(8) Fvaluate the adequacy 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 materia

nd

(9) Prepare and subi

annual reports which shall include specific proposals for
corrective legislation (© the Department of ‘Transportation and
Communications, with copies simultaneously furnished to the appropriate
committees of the Senate and House of Representatives.
{B) Powers of the Board
(1) The Board may conduct such hearings, sit and act as such times and places,

admi

fer 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 and may be served by any person
designated by the Chairman;

(2) Any employee of the Board, upon presenting appropriate credentials and a
written notice of inspection authority, is authorized 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 an investigation. The employees 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 of such inspection be made available to

the concerned pa

(3) The Board shall have the power to cite for contempt any person 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.

(4) The Board’ is authorized to enter into such contracts; leases, cooperative
agreements, or other transactions as may be necessary in the conduct of the
functions and the duties of the Board under this Section, with any government
entity or any person,

(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 Interior and Local Government, the Department of
Public Works and Highways and other agencies and instrumentalities of
the government in the conduct of its investigation.

(b) Employ reco

experts and consultants on the accidents under
investigation who shall be paid by compensation fixed b y the Board:
Provided, That no morc than two consultants shall be appointed for each

incident being investigated.


(©) Accept voluntary and uncompensated services notwithstanding any other
provision of law; and
(d) Accept gifts or donations of money or property, whether real or personal
(6) Establish such rules and regulations as may be necessary to the exercise of its
powers and functions under this Act.
Sec 10. Seal. ‘The Board shall have a seal which shall be officially recognized
Sec. 11. Annual Report. - The Board shall report to Congress on the second week of
‘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;

(2) a survey and summary, in such detail as the Board deems advisable, of the
recommendations made by the Board to reduce any other provision of law the
likelihood of recurrence of such accidents together with the observed response to
each recommendation;

(3) 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

(4) a biennial appraisal andr

iew and recommendations for legislative and

administrative a

‘with respect to transportation safety.

See. 12. Appropriations.

‘The Board shall have an initial 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 Contingent Fund of the Office of the President and thereafter any such
‘amount shall be incorporated in the annual General Appropriations Act.

Sec 13. 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.

See. 14. Repealing Clause.~ Al laws, decrees, orders, proclamation, rule s and
regulations, or parts thereof, which are inconsistent with any of this Act are hereby repealed,
amended, or modified accordingly.

See. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
at least two (2) newspapers of general circulation.

Approved.