• • 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. 2266 
Introduced by Senator Poe 
AN ACT 
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TO PROMOTE COST-EFFECTIVE MEASURES FOR THE TRANSPORT SECTOR 
AND COMMUTING PUBLIC, PROVIDING FOR THE CREATION OF A NATIONAL 
TRANSPORTATION SAFETY BOARD, PRESCRIBING ITS POWERS AND 
FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR 
Explanatorv Note 
The Philippines long needs a central agency tasked with probing transportation-related 
incidents, conducting special studies concerning transportation safety and recommending 
improvements in transportation safety. 
The proposed National Transportation Safety Board (NTSB) under this bill shall be the 
central independent agency of the Philippine government that would envision achieving the 
highest standards of excellence in investigating aviation and surface transportation disasters and 
prevent the loss of lives through its thorough, accurate and independent investigations, results 
and recommendations of which shall be forwarded to Congress and concerned government 
agencies for proper action. 
Among the functions of the proposed NTSB include conducting safety inspections on 
land, sea and air transportation and appraising or assessing existing practices and policies 
regarding the transportation sector. 
This legislation is inspired by the efforts of road safety advocate Elvira Medina and the 
National Council for Commuters Safety and Protection and the various organizations supporting 
key reforms in the transportation sector. 
As such, in line with promoting a safer transportation industry in the Philippines, 
approval of this measure is earnestly sought. 
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GYCEPOE 
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'14 
JUN -2 P4:29 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Poe 
AN ACT 
TO PROMOTE COST-EFFECTIVE MEASURES FOR THE TRANSPORT SECTOR 
AND COMMUTING PUBLIC, PROVIDING FOR THE CREATION OF A NATIONAL 
TRANSPORTATION SAFETY BOARD, PRESCIUBING ITS POWERS AND 
FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title - This Act shall be known as the "National Transportation Safety 
Board Act of2014." 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
promote safety in the transportation of people and goods through cost-effective measures that 
either prevent, remedy or mitigate accidents involving any mode of transport, including pipelines 
and conveyors. Towards this end, the Government shall: 
(a) Conduct independent accident investigations; 
(b) Support safety programs based on continuing and objective reviews of causes or 
reasons for unsafety acts and conditions; and 
( c) Appraise and assess operating practices and regulations of government agencies 
involved in the transportation sector, insofar as they affect safety, and where 
appropriate, shall initiate, coordinate, formulate or promulgate safety improvement 
standards for the observance and implementation by the concerned government 
agencies and/or private entities. 
SECTION 3. Creation of the National Transportation Safety Board. - There is 
hereby created a National Transportation Safety Board, hereinafter referred to as the "Board" 
which shall be attached to the Office of the President. 
SECTION 4. Composition and Organization. -
(a) The Board shall be composed of seven (7) full-time Members, headed by a Chairman, 
who shall be appointed by the President of the Philippines. A Member of the Board 


" 
must be a natural born citizen at the time of hislher appointment, and must have at 
least three (3) years of actual experience in the administration, operation and 
management of a transport utility firm or regulatory agency in either air, land, sea and . 
rail transportation and knowledgeable in accident reconstruction, safety engineering 
or transportation and traffic safety. Provided, that three (3) of the full-time members 
must come from the commuting public including a representative from the 
organizations advocating for road safety. 
(b) The Chairman shall have a term of five (5) years but may be renewed for a non-
extendible period of one (1) year. Provided, that the term of the initial appointees 
shall be staggered such that the Chairman shall hold office for a term of five (5) 
years; the next three (3) members for three (3) years and the other three (3) members 
for two (2) years. 
(c) Upon the expiration of their respective terms, they shall continue to serve until their 
successor shall have been appointed and qualified. In case a member fails to complete 
his term, his successor shall only serve the unexpired portion of the term of his 
predecessor. 
(d) A member may be removed from office by the President ior cause in accordance with 
the Civil Service rules and regulations. 
(e) The Chairman shall be the Chief Executive Officer of the Board. He shall exercise all 
the powers and discharge all functions of the Board. He shall control over all 
personnel employed by the Board, including, the following: 
1. The appointment and supervision of personnel employed by the Board; 
2. The distribution of business among such personnel and among any administrative 
units of the Board; and 
3. The use and expenditure of its funds. 
(f) The Board shall establish and maintain distinct appropriately staffed bureaus, 
division, or offices, to investigate and report on accidents involving each of the 
following modes of transportation: 
1. Aviation; 
2. Highway and motor vehicle; 
3. Pipeline, railroad, and tracked vehicle; and 
4. Marine transport carriers 
(g) The Board shall, in addition, establish and maintain such capabilities as may be 
needed to investigate and report on the safe transportation of hazardous and toxic 
materials. 
SECTION 5. The Executive Director. -
(a) The Board shall have an Executive Director who shall be appointed by the Chairman. 
(b) No person shall be appointed Executive Director unless he is at least thirty five (35) 
years of age at the time of his appointment, a Member of the Philippine bar, and who 
has practiced his profession for at least ten (10) years prior to the date of his 


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appointment. He must not have been a candidate for any elective position in the 
elections immediately preceding his appointment. 
(c) The Executive Director shall; 
1. Record and officially report on the proceedings of the Board and shall have 
authority to administer oaths in all maters falling within the jurisdiction of the 
Board. 
2. Be responsible for running the day to day operation of the Board; 
3. Act as the custodian of the records, maps, profiles, reports, and other documents 
and papers filed in connection with any case or proceedings before the Board; 
4. Be responsible for the effective implementation of the policies, rules, and 
directives promulgated by the Board; and 
5. Coordinate and supervise the activities of the different operating units of the 
Board and shall perform such other functions as may be assigned to him by the 
Chairman and/or the Board. 
SECTION 6. Compensation. -
(a) The Chairman and the Members of the Board shall have the rank of a Department 
Secretaq and Undersecretary, respectively. They shall receive the compensation and 
other emoluments corresponding to those of a Department Secretary and 
Undersecretary, respectively. 
(b) The Executive Director shall have the rank of Assistant Secretary and shall be entitled 
to compensation and other emoluments corresponding to those of an Assistant 
Secretary. 
(c) The Chairman. The Members of the Board, and the Executive Director shall be 
entitled to commutable representation and transportation allowances per month in the 
amount not exceeding the monthly salary of the lowest-paid regular employee of the 
Board. 
(d) The Board shall determine the schedule of salaries of the employees subject to the 
compliance with the existing compensation law; Provided, that the Board shall 
determine and fix the compensation and fringe benefits of employees holding 
technical positions that are not common to the agencies of the government which 
shall be. specified in the implementing Rules and Regulations. 
SECTION 7. Duties and Functions of the Board. - The Board shall: 
(a) Investigate or cause to be investigated ad determine the facts, conditions, and 
circumstances and the cause of any ofthe following: 
1. Aircraft accidents, in accordance with ANNEX 13 of the ICAO regulations. The 
result of the investigation shall be made available to the public by the Board 
within sixty (60) days from its completion. 
2. Highway accidents, including railroad grade crossing accidents in coordination 
with the Local Government Unit (LGU) where the accident occurred. 
3. Railroad accidents in which there is fatality, substantial property damage, or 
which involved a passenger train. 


4. Pipelines accidents, in which there is fatality or substantial property damage; 
5. Major marine accident, except those involving military vessels, occurring on the 
navigable waters or territorial seas of the Philippines. The result of the 
investigation shall be made available to the public by the Board within sixty (60) 
days from its completion. 
·6. Other accidents involving transportation of people and property, which, in the 
judgement of the Board, are catastrophic and of a recurring character. 
(b) Report in writing to Congress and the President on the facts, conditions, and 
circumstances of each accident investigated pursuant to Section 7 (a) of this Act, and 
cause such report to be made available to the public by the Board within sixty (60) 
days from the completion of its investigation. 
(c) Issue periodic reports to Congress, the President, and to make it available to 
govenmlent agencies and instmmentalities, and non-government organizations 
concerned with transportation safety upon request, including owners of public 
transportation carriers who may be concerned with the findings of the Board and to 
interested persons. Such reports shall contain proposals for corrective measures to 
make the transportation of persons as safe and free from the risk of injury as possible, 
including steps to minimize human injuries from transportation accident: Provided, 
the said reports shall be made public within sixty (60) days from its submission to the 
Congress or to the president, as the case may be; 
(d) Initiate and conduct special studies and investigation on matters pertaining to safety 
in transportation and avoiding injury to persons and damage to property; 
(e) Gather, analyse, maintain, and publish from time to time data and statistics on 
transportation accidents; 
(f) Carry out special studies and investigations relative to transportation safety; 
(g) Prescribe requirement for persons reporting accidents and aviation incidents that: 
1. May be investigated by the Board pursuant to this Act; or 
2. Involve public aircraft, except aircraft of the Arnled Forces of the Philippines. 
(h) Perform such other functions as may be necessary to effectively implement the 
objectives and provisions of this Act. 
SECTION 8. Powers of the Board. -
(a) The Board or any member so designated may conduct hearings, administer oaths, and 
require the attendance and testimony of witnesses as well as the production of papers, 
contracts, agreements and all other relevant documents deemed necessary in any 
inquiry or investigation pending before the Board. 
(b) Any representative authorized by the Board, upon presenting appropriate credentials, 
may enter any property wherein a transportation accident has occurred or wreckage 
from such accident is located in order to undertake the appropriate investigation 
thereof. The representative may inspect at reasonable times, records, files processes, 
controls, and facilities relevant to the investigation of such accidents. Each inspection 
shall be commenced and completed with reasonable promptness; 


(c) In investigating the aircraft accident pursuant to this Section, the Board may inspect 
and test, to the extent necessary, any civil aircraft engine, equipment, propeller, 
appliance, or property on an aircraft involved in an accident in air commerce: 
Provided, however, That any civil aircraft engine, equipment, propeller, appliance, or 
property on an aircraft involved in air commerce shall preserved, and may be moved, 
only as prescribed by regulations promulgated by the Board; 
(d) And officer or employee of the Board may examine or test any motor vehicle, vessel, 
rolling stock, track, or pipeline component. Such examination or test shall be 
conducted in a maimer that; 
1. Does not unnecessarily, interfere with the transportation services provided by the 
owner or operator of the motor vehicle, vessel, rolling stock, or pipeline 
component; and 
2. To the maximum extent feasible, preserves evidence related to the accident, 
consistent with the needs of the investigation and with the cooperation of that 
owner or operator. 
(e) The Board shall have the sole discretion to: 
1. Decide the manner by which the' testing will be undertaken pursuant to this Act; 
2. The person who will conduct the test; 
3. The type oftest to be conducted; aIld 
4. Any individual or individuals who will witness the test; 
Provided, that an inspection, eXa!llination, or test conducted pursuant to this Act by an 
officer or employee of the Board shall be started and cOJ;npleted promptly: Provided, further, that 
the results and findings of such inspection, eXa!llination, or test shall made public within thirty 
(30) days upon completion thereof. 
(f) The Board may require and shall be furnished a copy of the autopsy reports by the 
official concerned on any person who dies as a result of having been involved in a 
transportation accident. The Board may order, if necessary, the autopsy, or require 
other tests of such persons as may be needed for the investigation of the accident; 
(g) The Board may enter into such contract, leases, agreements and other transactions as 
may be necessary in the conduct of its functions and duties; 
(h) The Board may call assistance of, and use any available services, equipment, 
facilities, of the DOJ, DOTC, PCG, Department of National Defense (DND), 
Department of Public Works and Highways (DPWH), Philippine National Police 
(PNP), and other agencies and instrumentalities of the government; 
(i) The Board may create advisory committees composed of qualified private citizens 
and government officials with whom the Board may consult in the implementation of 
its functions and duties. And to pay honoraria of these persons for meetings actually 
attended. Whenever necessary, the Board may likewise appoint or retain the services 
of recognized experts as consultants on the accidents under investigation. Such 
consultants shall be paid compensation as fixed by the Board: Provided, That not 
more than three (3) 
consultants shall be appointed for each accident being 
investigated: Provided, further, That no officer, external auditor, or legal counsel of 
allY investigated: Provided, further, That no officer, External auditor, or legal counsel· 
of any private company or enterprise primarily engaged in the transportation industry 
shall be eligible for appointment as a consultant of the Board within three (3) years 
from his retirement, resignation, or separation therefrom; 


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G) Appoint advisory committees composed of qualified private citizens and officials of 
the national government and LGUs as appropriate; 
(k) Any law to the contrary notwithstanding, accept voluntary and uncompensated 
services; 
(1) Accept donations and gifts of money and other property; 
(m)Enter into contacts with non-profit entities to carry out studies related to the duties 
and powers of the Board for its operating expenses; 
(n) Require that departments, agencies, and instrumentalities of the government, 
including LGUs and government of foreign countries, provide appropriate 
consideration for the reasonable costs of goods and services supplied by the Board; 
Provided. That such amounts shall accrne exclusively to the Board for its operating 
expenses; 
(0) The Chairman of the Board may determine the number of committees that are 
appropriate to maintain effective liaison with other departments, agencies and 
instrumentalities of the national 
government and 
LGUs, 
non-government 
organizations, and independent standard-setting authorities that carry out program and 
activities related to transportation safety. The Board shall designate representative to 
serve in the committees; 
(P) The Board or any officer, or employee designated by the Chairman, may conduct an 
inquiry to obtain information related to transportation safety; 
(q) The Board, or its designated officer or employee, may require by order, a department, 
agency, or instrumentality of the national government, LGU, or a person, natural or' 
juridical, which transports persons or goods, to submit to the Board a written report 
and answers to request and questions pursuant to the powers of the Board under this 
Act. The Board shall prescribe the time within which the reports and the answers 
thereto must be submitted to its designated officer or employee. Copies of the report 
and the answers thereto shall be made public within sixty (60) days from submission 
to the Board; and 
SECTION 9. 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, when those functions exist prior to the effectivity of this Act: Provided, 
however, That the Board, at its discretion, may require the submission of the records, 
findings, and recommendations of the investigation or inquiry; 
(b) The PNP or any other law enforcement agency shall continue to investigate and 
record accidents involving motor vehicles and/or pedestrians. For this purpose, the 
Board shall presCllbe a uniform and standard operating system for investigation of 
such accidents, which shall be mandatory on the part of the investigating body or 
person; 
(c) The Board power shall take precedence over those of other government agencies 
tasked with investigating air and marine accidents which, in the Board's judgement, 
requires its inquiry or attention; 


(d) For the preservation, proper handling, conservation, and protection of evidence, 
records, files, and/or specimens related to any accident over which it assumes or has 
jurisdiction, the Board may assume control or possession of the evidence, records, 
files, andlor specimens; 
(e) The Board may require the submission of the records, findings, and/or 
recommendations of previous accidents andlor investigations of such accidents, from 
any government agency. For this purpose, the agency concerned shall transmit to the 
Board, within fifteen (15) days from receipt thereof, said records, findings, and/or" 
recommendations; 
(f) In the exercise of its powers, the Board 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 Board assumed jurisdiction. 
SECTION 10. Disclosure, Availability, and Use ofInformation. 
(a) Except as provided in this section, any copy of record, information or report of 
investigation submitted to the Board shall be made available to the public upon 
request and at reasonable cost; 
(b) The Board shall not make the records available for purpose 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; 
(c) 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. To a 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 confidentially 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 information so disclosed will not be 
detrimental to public health and safety: Provided finally, that the disclosure shall 
be made in a mauner 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 Board: Provided, 
however, That the Board shall make public any part of transcript the Board decides is 
relevant to the said accident or incident: 
1. When the Board holds a public hearing on the accident or incident; or 
2. When the Board makes public its findings relative to the said accident or incident 
(e) Any law to the contrary notwithstanding, the head of the concerned agency shall, 
upon order or written request by the Board, provide the following information to the 
board: 


I. Any report or a confirmed positive toxicological test, verified as positive by the 
medico-legal officer of the National Bureau ofInvestigation (NB!), conducted on 
an officer or employee of the concerned agency under post-accident, unsafe 
practice, or reasonable toxicological requirements of the concerned with the 
circumstances of an accident or incident under the investigative jurisdiction of the 
Board; and 
2. Any laboratory record documenting that the test is confirmed as positive. 
(f) Expert as provided in Section 10 (b) of this Act, the Board shall maintain the 
confidentiality of; and exempt from disclosure: 
I. Laboratory records provided to the board shall maintain the confidentiality of, and 
exempt from disclosure; 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 made available to it under this Act to develop 
an evidentiary record in its investigation of an accident or incident if: 
1. The fitness of the tested officer or employee is at issue in the investigation; and 
2. The use of that record is necessary to develop the evidentiary record. 
SECTION 11. Testimony.-
(a) Any party to an administrative proceeding may, at any time, make an offer to the 
Board, conditionally or otherwise for a consented decree, voluntary compliance or 
desistance and other settlement of the case. 
(b) Testimony, of the offer thereof, and any or all of the ultimate facts upon which the 
offer is based, shall be considered for settlement purpose only and cannot be used as 
evidence against any party for any other purposes and shall not constitute an 
admission by the party making the offer of any violation of this Act, and the rules, 
regulations, orders, and resolutions promulgated by the Board. 
SECTION 12. 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 Board. The 
Fund shall be funded from: 
l. Savings from the Board's annual operating expenses; and 
2. Monetary donations and gifts received by the Board under Section 8 (1) 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 major accidents; 
2. Initiate studies and research in the causes and possible prevention of accidents and 
other disasters, as provided in this act; 
3. Reimbursement of extraordinary expenditures and expenses of government and 
private agencies andlor persons mobilized by the Board in investigating major 
accidents; and 
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4. Training and related conferences to further and enhance the expertise of the 
officers and employees of the Board under the provisions of this Act. 
SECTION 13. Appropriations. - The sum of Fifty Million Pesos (P 50,000,000.00) is 
hereby appropriated out of any funds in the National Treasury not otherwise appropriated, for the 
initial organization and operations of the Board. Thereafter, such sums, as may be necessary for 
the operations ofthe Board, shall be included in the annual General Appropriations Act. 
SECTION 14. Annual Report. - The Board shall submit to the President and Congress 
an annual report at the end of every calendar year containing, among others: 
(a) Statistical and analytical information of accident or incident investigations conducted 
and reviewed by the Board during the preceding year; 
(b) A survey and summary of the recommendations made by the Board to reduce the 
likelihood of the recurrence of those accidents, together with the observed response to 
each recommendation; 
(c) A detailed appraisal of each accident investigation and accident prevention activity of 
other departments, agencies, other instrumentalities of the national government and 
the LGUs; and 
(d) The uses of, disbursement from, and receipt to the Fund created in accordance with 
this Act. 
SECTION 15. Implementing Rules and Regulations. - Within sixty (60) days from the 
effectivity of this Act, the Board, in consultation with the DOJ, DOTC, PCG, DND, DPWH, 
PNP, and NBI, shall promulgate the implementing Rules and Regulations (IRR) for the effective 
implementation of this Act. 
The IRR shall provide procedures geared towards streamlined 
processes and swift justice by observing timeline or deadline in rendering decisions and 
issuances, plain writing or easy-to-understand instructions, and over-all improvement of the 
industry. 
SECTION 16. Separability Clause. - If, for any reason, any provisions of this Act is 
declared invalid or unconstitutional, the other part or parts thereof which are not affected thereby 
shall continue to be in full force and effect. 
SECTION 17. Repealing Clause. - All laws, decrees, executive orders, issuances, or 
rules and regulations, or portions thereof, that are inconsistent with this Act or any provision or 
provisions, thereof, are repealed or modified accordingly. 
SECTION 18. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation. 
Approved,