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EIGHTEENTH CONGRESS OF THE   
)  
REPUBLIC OF THE PHILIPPINES      
)  
Second Regular Session  
                )  
  
  
SENATE  
S. No. _________  
(in substitution of Senate Bill No. 209)  
___________________________________________________________ 
Prepared and submitted by the Committees on Foreign Relations, and 
Public Services with Senators Tolentino, Pimentel III and Poe as authors 
thereof  
____________________________________________________________________ 
AN ACT   
MANDATING 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 
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at Sea Law."  
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Sec. 2. Declaration of Policy. — The following are hereby declared to be 
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the policies of the State:   
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a) 
The State shall provide for the full and effective implementation and 
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enforcement of international maritime instruments ratified by the Philippine 
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Government that cover safety of life at sea and comply with its duties and 
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obligations to the international community as a State Party.   
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2:50 p.m.
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b) The State shall ensure that unlawful acts committed in waters forming 
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part of the national territory and those over which the country has sovereignty 
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and jurisdiction are prevented, detected, and penalized to ensure a safe 
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maritime environment as well as safeguard lives and properties.   
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 Sec. 3. Scope of Application. — This Act applies to all vessels navigating 
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in the territorial sea, archipelagic waters and internal waters of the 
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Philippines, and all Philippine-flagged vessels navigating in the contiguous 
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zone and exclusive economic zone of the Philippines and the high seas.  
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 Sec. 4. Definition of Terms. — As used in this Act:  
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a) Assistance may include, but not limited to, search, rescue, towage or 
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medical treatment.  
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b) Distress refers to a situation wherein there is a reasonable certainty 
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that a person, a vessel, or other craft is threatened by grave and imminent 
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danger and requires immediate assistance.  
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c) Requisition refers to the temporary take over or command of the ship, 
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with the consent of its master, by the master of a ship in distress, the search 
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and rescue service concerned or the Philippine Coast Guard, solely for the 
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purpose of rendering assistance to a ship in distress.  
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Sec. 5. Duty to Render Assistance. — (a) The master of a ship, insofar 
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as he or she can do so without serious danger to the ship, the crew, or the 
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passengers has the duty to:  
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i. Render assistance to any person or persons found at sea in danger of 
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being lost; or   
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ii. Proceed with all possible speed to the rescue of persons in distress, 
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upon receiving a signal from any source that such persons are in distress or 
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if otherwise informed of their need of assistance, insofar as such action may 
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reasonably be expected of him or her.   
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(b) After a collision or other incidents of navigation, the master of ship that 
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caused, or is involved in, the incident shall render assistance to the other ship, 
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its crew and its passengers and, where possible, to inform the other ship of 
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the name of his or her own ship, its port of registry and the nearest port at 
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which it will call.  
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Sec. 6. Coordination in Rendering Assistance. — The master of the ship 
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answering a distress signal shall, as much as possible, inform the ship in 
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distress and the appropriate search and rescue service or the Philippine Coast 
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Guard that his or her ship is proceeding with all speed to render assistance to 
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the ship in distress. In case of collision or other incidents of navigation, the 
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ship rendering assistance to the other ship involved in the incident shall, as 
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much as possible, also inform the appropriate search and rescue service or 
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the Philippine Coast Guard of the incident and the status of the assistance 
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being provided by it.  
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Sec. 7. Inability or Failure to Render Assistance. — (a) If the ship 
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receiving the distress alert is unable or, in the special circumstances of the 
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case, considers it unreasonable or unnecessary to proceed to their assistance, 
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or the giving of assistance would cause serious danger to the ship, the crew 
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or the passenger, the master must enter in the logbook the reason for failing 
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to proceed to the assistance of the persons or ships in distress, and 
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accordingly inform immediately the appropriate search and rescue service or 
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the Philippine Coast Guard.  
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(b) The master of the ship shall be released from the obligation to render 
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assistance provided in Section 5 upon compliance with the requirement of 
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entering in the logbook the reason for the inability or failure to render 
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assistance and informing the appropriate search and rescue service or the 
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Philippine Coast Guard of his or her ship’s inability or failure to render such 
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assistance.  
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Sec. 8. Requisition. — (a) The master of a ship in distress, the Philippine 
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Coast Guard, or the search and rescue service concerned, after consultation, 
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so far as may be possible, with the master or masters of the ship or ships 
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which answer the distress alert, has the right to requisition one or more of 
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those ships as they consider best able to render assistance, and it shall be 
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the duty of the master or masters of the ship or ships requisitioned to comply 
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with the requisition by continuing to proceed with all speed to the assistance 
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of persons in distress.   
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(b) The master or masters of ship or ships shall be released from the 
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obligation imposed by Section 4 on learning that their ship or ships have not 
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been requisitioned and that one or more other ships have been requisitioned 
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and are complying with the requisition. This decision shall, if possible, be 
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communicated to the other requisitioned ships and to the concerned search 
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and rescue service or the Philippine Coast Guard.   
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(c) The master of a ship shall be released from the obligation imposed 
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by Section 5 and, if his or her ship has been requisitioned, from the obligation 
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imposed by Section 8(a) on being informed by the person or persons in 
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distress, the concerned search and rescue service; the Philippine Coast Guard 
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or, the master of another ship which has reached such persons that assistance 
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is no longer necessary.   
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Sec. 9. Penalties. — (a) Failure to comply with any of the obligations 
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provided in Sections 5 and 8(a) shall be punishable by a fine of not less than 
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One Hundred Thousand Pesos (PhP100,000.00) but not more than One Million 
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Pesos (PhP1,000,000.00), depending on the size of the vessel or ship to be 
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defined in the implementing rules and regulations of this Act. If the violator 
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is the cause or part of the vessel or ship that caused the distress at sea, 
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collision or any other incident of navigation, the fine shall be not less than 
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One Million Pesos (PhP1,000,000.00) but not more than Five Million Pesos 
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(PhP5,000,000.00), depending on the size of the vessel or ship to be defined 
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in the implementing rules and regulations of this Act.   
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(b) If the failure to render assistance as provided in Sections 5 and 8(a) 
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is committed within internal waters, archipelagic waters or territorial sea, an 
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additional penalty of imprisonment of not less than six (6) months but not 
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more than one (1) year shall be imposed. If the violator is the cause or part 
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of the ship that caused the distress at sea, collision or any other incident of 
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navigation, an additional penalty of imprisonment of not less than one (1) 
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year and one (1) day but not more than two (2) years shall be imposed.   
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(c) Repeat offenders or violators shall be dealt with the maximum 
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penalties provided herein.   
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(d) No foreign national shall be deported without the payment of the 
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fines and/or service of sentence imposed by the court provided herein.   
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(e) The penalties provided herein is without prejudice to the disciplinary 
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or administrative proceedings that may be conducted against the master of 
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the ship or any other person in the service of the ship, leading to either the 
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revocation or suspension of his or her license or certificate of competence, 
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pursuant to relevant laws and rules and regulations   
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Sec. 10. Jurisdiction and Venue. — The criminal action for failure to 
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render assistance as provided in Sections 5 and 8(a) in relation to Section 8 
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shall be instituted and tried in any of the following venues:  
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(a) the Regional Trial Courts of the city or municipality nearest to the 
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place or maritime zone where the crime was committed;  
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(b) the Regional Trial Court of the city or municipality which is the first 
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port of entry of the ship under the command of a master or officer of the ship 
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who committed the crime; or  
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(c) the Regional Trial Court of Manila.  
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Sec. 11. Separability Clause. — If, for any reason, any section, 
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subsection, clause or term of this Act is held to be illegal, invalid, or 
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unconstitutional, such parts not affected by such declaration shall remain in 
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full force and effect.   
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Sec. 12. Repealing Clause. — All existing laws, orders, decrees, rules 
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and regulations or parts thereof inconsistent with the provisions of this Act 
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are hereby amended, modified or repealed accordingly.  
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Sec. 13. Effectivity Clause. — This Act shall take effect fifteen (15) days 
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after its publication in the Official Gazette or in a newspaper of general 
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circulation.   
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Approved,  
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