Republic af the Philippines
HOUSE OF REPRESENTATIVES
‘Constitution Hills, Quezon City

CONGRESS
First Regular Session

HOUSE BILL. NO. 3565

Introduced by REP. EDGAR MARY S. SARMIENTO.

EXPLANATORY

TE

‘The World Health Organization, in its 2015 report on road safely. estimates that there
are 10,379 individuals who have died in 2019 due to road crashes. Year in and aut, we hear of
reports and stories of horrific accidents which cause multiple deaths and injuries. Various bills
were passed fo serve as a remedy {o the situation, However, what the country clearly lacks a
primary agency which will be given the key duty of ensuring the safety of the various modes
of transportation.

This bill seeks to create a Philippine Transportation and Salety Board, a non-regulatory
and independent agency tasked to maintain a safe, viable. efficient and dependable
transportation system. It is primarily tasked to investigate and evaluate accidents to improve
transportation safety standards and prevent wr, land and marine transportation mishaps. 1a
adgition to this. it is also assigned to create safety standards which shall be implemented for
the appropriate mode of transportation.

Institution of the PTSB will allow tie government to prevent the occurrence of
accidents through the imposition of safety standards. 1t will also allow the government to
continuously improve transportation satety policies. Once accidents do occur, our citizens
would be assured that defimte measures were taken to ensure that it will not happen avain.

‘The issue on transportation safety is not one to be debated on. We should always strive
to ensure that our motorists and commuters will be able to move from one place to another
without any difficulties.

In view of the foregaing, passage of the bill is eamnestly sought.

EDGAR MARY S. SARMIENTO
Representativ¥, 1" Diskict, Samar


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Canstitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 3565

Introduced by REP. EDGAR MARY S. SARMIENTO.

—.

AN ACT
ESTABLISHING T PHILIPPINE TRANSPORTATION FETY BOARD,
DEFINING TTS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS
THEREFOR

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

ARTICLE 1
ERAL PROVISIONS

SECTION 1, Short Title, ~ This Act shall be known as the “Philippa transportation
Safely Board Act."

SEC. 2. Declaration of Policy. Wis hereby declared the policy of the State to maintain
a sale. viable, efficient and dependable transportation system as it plays an important role in
nation-building and in promoting economic growth.

Consistent with this policy, the State recognizes the importance of preventing
transportation accidents, thereby saving lives and property, by promoting transportation safety
Towards this end, there is a need to establish # government agency tasked with promoting
safety and efficiency in the transportation of people, property and woods, and conducting

investigations to determine the cause of transportation accidents

ARTICLE II
CREATION


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SEC. 3, Philippine Transportation Safety Board.  Vhere is hereby created a
Philippine Transportation Safety Board (PTSB), a non-regulatory and independent agency to
implement the foregoing policies of the State. The PTSB shall be an independent ageney under
the Otfice of the President and shall develop appropriate sufety standards to he followed and

implemented by concerned agen

UU shall have the following objectives:

(a) Improve transportation safety measures in order to prevent transportation accidents

of mitigate dangers to human lives und property; and

(b) Ensure the implementation of transportation safety standards

‘The PTSB shall be the primary government body that shall investigate and determine
the facts, conditions, exrcumstances and the causes of any major or fatal air, maritime and land
transportation accident, or threat af a major ot fatal air, maritime or rail accident. Accidents
involving aircrafts. vessels and vehicles operated by the Armed Forces of the Philippines

(AFP), oF occurring within military sites in the Phitippines. or those involving solely aircratt

vessels and vehicles of the armed forees of any Foret in the Philippines

n country eccurrin;

shall be the responsibility of the AFP.

SEC. 4. Jurisdiction, The PTSB shall have jurisdictwon over all major ar fatal
transportation accidents or those of alarming nature resulting in serious physical injury or loss
of life or property or causing substantial damage to or destruction of property or surroundings,

‘A major or fatal transportation accident shall include:

(a) Capsizing or grounding of'a ship or marine vessel:

(b) Collision of ships or vessels,

(c) Air crash or collision of aircrafts;

(d) Overshvoting or emergency tanding of an aircratl;

(e) Vehicular crash of collision of motor vehicles: and

(f) Derailment of trains,

The jurisdiction of the PT'SB shall extend to similar accident or incident with alarming

magnitude such as, but not Limited to:

{a) Contamination of air or water due to pipe leakage: and

(b) Failure or defect of transportation infrastructure facilities.

- S$. Powers and functions of the PTSB. ‘The PSB shail have the tollowing
powers and functions:
(a) Evaluate und harmonize transportation safety standards with international salety

standards of applicable conventions, treaties and best practices m transportation safety


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including those developed by transportation agencies, and recommend its implementation to
ail sectors of Philippine transportation:
(b) Conduct hearings and investigations concerning any major or fittal

transportation accident, and conduct. spe

I studies on matters pertaining to safety in
transportation: Provided, That the Board shall not be prevented from making further inquiries
‘on accidents subject of past investigations and shall require the investigating bodies to submit

the pertinent records, reports, findings and recommendations: Provided further, That other

agencies mandated (o investigate concurrently such accidents shall coordinate with, couperate
with and extend its full support (o the Board during the conduct af investigation:
(c) Require the involvement or collaboration of the members of the academe and

the non-government organizations in inv

tigations requiring their expertise and knowledge:

(4) Recommend to the concerned government agencies and private organizations

the adoption of transportation safety standards and measures that will improve transportation

safety
(c) Prepare a written reports cegurding its investigations and special studies,
including the findings and safety recommendations thereon and make such reports available to
the public,
(f) Assess and evaluate the techniques and methods of accident investigation and

prepare and publish from time to time the recommended procedures for accident investigations:

ARTICLE HI
ORGANIZATION

SEC. 6. Composition, Qualifications, and Appointment of the Members of the
Governing Board. - The yoverning Board, hereinatler referred to as the Board, shall be
composed of five (5) full-time members, including a Chairperson. All the members of the
Board shall have extensive training and experience in their respective transportation fields and

cach 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 shail be Filipino citizens and residents of the Philippines, at least thirty-

five (35) years of a

we, and persons of good moral character, unquestionable integrity, and

recognized probity and competence.


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Within sixty (60) days from the effectivity of this Act, the President of the Philippines
shall appoint the first members of the Board. Any member may be removed by the President
for cause as provided for by law.

In case of incapacity or absence of the Chairperson, the members shall choose from
among themselves un acting Chairperson.

SEC. 7. Term of Office. All members shall have a fixed term of six (6) years OF
those first appointed, the Chairperson shall hold office for six (6) years, two (2) members shall
hold office for four (4) years and the remaining two (2) members shall hold office for two (2)
years. Upon the expiration of the term of office of'a member, the said member shall continue
to serve until a successor is appointed and quaiified. Appoinunent ty any vacancy ts only for

the unexpired term of the predecessor. Such vacancy shall be filled within sixty (60) days from,

the date of its occurence.

SEC. 8. Powers and Functions of the Gaverning Board. ~ Vie powers and lunctions
of the PTSB shall be vested in and excreised by the Board

The Board shall have the following powers and functions

(a) Cite for contempt any person in ease of contumacy or refusal to obey subpoena,
an order, ot au inspection notice of the Board;

(b) Authorize any of its employees to enter any property where a transportation

a

cident has occurred, or where wreckage is Cound, or where any such accident is located, and
do all things necessary for the proper conduct of investigation ‘The authorized employee may
inspect, at a reasonable time, records, files, processes, controls and facilities relevant to the
investigation of such accident, Lach inspecton shall be commenced and completed with
reasonable promptnes

and the results thereof shall be made available to the concerned parties,
(c) Enter into contracts oragreements with any person or entity as may be necessary
in the conduct of its powers and functions, including the emplayment of experts on avcidents

under investigation:

(4) Use, when appropriate, available services, equipment, personnel and facilities
of the other agencies and instrumentalities of the government in the conduct of ils investigation:
(e) Establish and maintain an adequately stafled laboratory and ancillary facilities
for the purpose of examining evidence obtained during the course of its investigation
(Create advisory committees composed of qualified private citizens and
government afficials as may be necessary or appropriate.
(2) Authorize an autopsy to be performed and have other tests made when necessary

to investigate an accident: Provided, ‘That local or national laws protecting religious belie!

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related to autopsies shall be observed to the extent consistent with the needs of th Went

investigation: Provided, further, That the Board shall be provided with a copy, free of charge.

of any autopsy report performed by a national or local official:

(bh) Coordinate with the carrier involved in the accident so that resources of the
carrier may be used to the greatest extent possible to carry out the responsibilities of the PTSB:
4) Require government agencies and persons engaged in transportation to submit

wnitten report with respect to any matter pertinent to transportation safe

such report to be

submitted within a reasonable period of time as determined by the P'TSB:
(j)— Promulgate, in coordination with the relevant law enforcement and

investigating agencies, the necessary protocols in the conduct of its investigation:

(k}) Delegate any of its powers and functions to the heads of the different bureaus,
divisions or offices of the PTSB to further facilitate the implementation of the provisions of
this Act, and

(1) Accept voluntary and uncompensated services, gilts or donations
nowwithstanding any other provision of law to the contrary

SEC. 8. Chairperson: Duties and Powers. ~ The Chairperson shall be the chief
HI

executive and administrative officer of the PTSB. The Chairperson sha
fa) Administer oaths and issue subpoena duces tecum or suhpucne ad

testificundum: Provided, That subpoenas shall be issued under the signature of the Chairperson

and may be

ved by at

y officer, personnel or employee of the PI'SB as designated by the

Chairperson:

(b) Execute and carry out the policies, decisions, orders, and resolutions approved
by the Board:

fe) Dircet and supervise the operations and internal administration of the P1'S:

including enforcement of disciplinary actions:

(d) Sigh appointments, make temporary assignments, rotate and transfer of
personnel in accordance with taw:

(e) Prepare the annual budget of the PTSB for approval by the Board

() Supervise the expenditures of the PTSB,

(g) Delegate his/her authority, in whole or in part, to other officials of the PTSB in
accordance with Executive Order No, 292. otherwise known as the Administrative Code of
1987, as amended, and the rules and regulations of the Board, and

(hy Perform such other functions as may be authorized by the Board


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SEC. 10, Quorum, - The presence of at least three (3) members shall constitute a

quorum and the majority vote of members present shail be nece:

ry for the adoption of any

rule, ruling, order, resolution, deciston or other acts of the Board.

CL Compensation, —Vhe salary of the Chairperson and the members of the
Board shall be the same as those of the Chairperson and members of the different Constitutional

Commission:

‘They shall be entitled to representation and transportation allowances under
existing laws,
SEC 12. Offices of the PTSB. ~ For the proper management and effective
implementation of the objectives of the P'TSB, the following offices are hereby established
(a) Office of the Executive Director, - The PTSB shall have an Executive Director who
‘shail be appointed by the President of the Philippines upon recommendation of the Board. ‘The

Executive Director must be at least thirty-

e (35) years of age at the time of appointment, a

member of the Philippine bar, and engaged in the practice of law for at least ten (10) years prior

to the date of appointment ‘The appointze must not have been a candidate for any elective

position in the elections immediately preceding the appointment

The t-xecutive Director shall assist the Chairperson in the discharge of his functions
as executive and administrative head of the Board and be responsible for the day-to-day
management of the PTSB; record and report the proceedings of the Board; have custody ol

records, maps, profiles, reports, and other documents filed in connection with any

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Proceedings before the PTSB, supervise the PTSB laboratory, and, perform such other

functions as may be assigned by the Chairperson or the Board

(b) Office of Aviation Safety. The Office of Aviation Safety shall conduct investigations.
of all aviation accidents and submit the corresponding reports and necessary transportation
safety recommendations to the Board.

(©) Office of Maritome Sajety The Office of Macitime Salety shall conduct
investigations of all maritime accidents and submit the corresponding reports and necessary
transportation safety recommendations to the [oard

(d) Office of Surface Fransportunon Safety. ‘The Office of Surface Transportanon
Safety shall conduct investigations of road transportation, railroad, and pipeline accidents and
submit the corresponding reports and necessary transportation safety recommendations to the
Board

(e) Office uf Fransportation Safebs Standards. - The Oftice of Transponation Safety

Standards shall prescribe safety standards

all transportation systems; establish and update

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transportation safety

jandards through continuing research and in-depth studies: and oversee
the implementation of the safety recommendations program of the PTSB

(f) Office of Research und Engineering.» The Office of Research and

neering shall
provide technical advice and services to the P''SB: conduct research and carry out analytical
studies and tests on all aspects of the PTSB's transportation accident investigation, accident

prevention and safety promotion activities, conduct safety studies on specific safety issues:

perform statistical analyses of transporiation accidents and incident data; maintain archival
records of the PTSB’s accident investigation and safety promotion activities; and, support the
PTSL's data processing, computing and information management requirements

(g) Office of the General Counsel. - The Office of the General Counsel shall provide

legal advice and assistance to the PTSB and sts aflicers, personnel and employees: prepare

rules, opinions and orders: and represent the PTSB in court actions and other proceedings

(h) Office of Public Affaurs, ‘The Office of Public Affairs shall provide the general
public, including Congress and the national agencies, the transportation industrv. and the media
with current and accurate information concer

PTSB

nig the activities. programs and objectives of the

(1) Admamytration Office. The Administration Office shall provide administrative
support in the following aspeets: budget. accounting and audit: human resource management:

. communications,

information and automatic data processing management; property. spa
facilities and transportation management, and, printing, publications, correspondence,
procurement, contracting. and accident inquiry services

SEC 13. Personnel, Subject to civil service laws, rules and regulations, and the
approval of the Department of Budget and Management, the Board shall determine its own
staffing pattem and the number of personnel of the organization, The Board shatl,
in accordance with existing laws and policies, select, appoint, employ, and fix the

compensation of such officers and employees, including investigators, and attorneys, as may

be necessary to carry aut its powers and duties

SEC. 14. Prohibited Interests, - The Chairperson, members of the Board, officers. and

employees shall not, during their tenure, hold any other office or employment. Neither shail
they engage in the practice of any profession or in the active management of control of any

busines

s which, in any way, may be affected by the functions of their office, nor shall they be
financially interested, directly or indirectly, in any contract with, or in_any franchise ot

privilege, granted by the government and its subdivisions, agencies or instrumentalities.



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including government-owned or controlled corporations or their subsidiaries, They shall

directly avoid conflict of interest in the conduct of their office
No spouse or relative by cansanguinity or affinity within the fourth civil degree and no

law, business or professional partner or associate of the Chairperson or Members may appear

S counsel oF agent on any matter pending befvre the Board or transact business dircetly or
indirectly therewith

The disqualitication shall apply during the tenure of the official concerned and one (1)
year thereafter,

Any violation of this section shall

ground for removal from the PTSB ay well as
administrative, civil or criminal prosecution under applicable laws.

SEC. 15. Recommendations of the Board. The Board: shall submit a
recommendation regarding transportation safety to the appropriate government agencies of
which they shall respond to each recommendation formally and in writing not fater than thirty
(30) days after receipt thereof. The failure on the part of the concerned avency to abide by the
recommendation of the Board without any justifiable reason shall be a ground for
administrative liability of the head of the ageney or concerned official as well as other sanctions
as provided under existing laws

The Board shall recommend to the appropriate government agencies the recall of am

defective means of transportation and to cause the installation of the required part or parts wo
make it safe and notify not only the distributor or purchaser but also the public of such defect.

1 shall also recommend the grounding of any defective means of transportation pending the
investigation of the cause or nature of 1ts defect. Moreover, the Board may also recommend
the denial, umendment, moditicavon, suspension, or revocation of a certificate of public
convenience, registration or franchise if the means af transportation, including the activities of

‘a commercial carrier, have been found negligent, as well as suspension oF revacation of license.

aay the case may be
In its report, the Board shall include the accountabilities of officials and employees of

regulatory transport agencii

who fail to properly implement the transportation safety standards

provided under pertinent or applicable conventions, treaties, laws, rules and regulations

IC. 16, Disclosure, Availability, and Use of Information. . (a) Except as provided

in this section, any copy of record, information or repart of investigation submitted to the PT

shall be made available to the public upon request and payment of reasonable cost:


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(b) The Board shall not make the records available for purposes 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, of instrumentality of the national government,
when requested for official use:

2. Toacommittce of Congress having jurisdiction over the subject matter to which
the investigation is related, when requested by that committee,

3. Inajudicial proceeding under a court order that preserves the confidentiality of

the informat

n without impairing the proceeding. and
4. To the public: Provided, That such disclosure shall be for the protectian of
public health and safety: Mrovided, further. ‘Vhat the disclosure shall be made in a manner
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 Hight crew members and ground station
related to an accident or incident investigated by the PTSB: J'rovided, That the PSB shall
make public any part of the transcript that it deems relevant to the said accident or incident
1. When the PTSB holds a public hearing on the accident ar incident: or
2. When the PTSB makes public its findings relative to the said accident or
incident.
(1) Except as provided in Section 15 (b) of this Act, the Board shall maintain the
contidentiality of, and exempt from disclosure
1. Laboratory records provided to the Board: 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 ofa person made available to it under this
Act to develop an evidentiary record in its investigation of an accident or incident where the
fitness of such person is at issue,
SEC. 17. Non-admissibility as Evidence, — No part of a report of the PTSB related to
4 transportation accident investigation may be adinitted into evidence or used ina civil action
for damages resulting from a matter mentioned in the report. Furthermore, the PTSB shall have

immunity from suits arising from its investigation, pronouncements, and findings,

ARTICLE IV


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MISCELLANEOUS PROVE

IONS,

SEC. 18. Relationship with Other Government Agencies, ~ (a) Nothing in this Act shall

deprive other government agencies {rom performing their intrinsic functions, including the

investigation of accidents or making inquiries therean: Hrovided. ‘That the PYSB. at its
discretion, may require the submission of the records, findings, and recommendations of the

investigation or inquiry. For this purpose, the agency concerned shall transmit to the PTSB.

within fifteen (15) days from receipt thereof, said records. findings. and/or recommendations:
(b) in the exercise of its powers, the PTSP shall take into consideration the provisions
of any treaty entered into by the Republic of the Philippines with ather countries relative to the

investi;

tion of accidents over which the PTSB assumed jurisdiction

SFC. 19. Annual Report, — The PTSB shall submit to both Houses of Congress an
annual report at the end of cach year.

SEC. 20. Privacy Protection. - Nothing in this Act shall be construed as weakening
the protections mandated under Republic Act No. 10173, otherwise known as the “Jute

Privacy Act of 2012."

B shal! have a seal which shall be officially recognized.

ARTICLE V
FINAL PROVISIONS

SLC. 22. Transportation Safety Fund. (a)There is hereby created a Fransportation
Safety Fund, hereinatler known as the Fund, to be deposited in a special trust fund to be
administered by the PTSB. The Fund shall be sourced from.

1. Savings from the annual operating expenses of the PYSB; and

2. Monetary donations and gifts received by the PI'SB under Section 7 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 investipating transportation accidents;

2. Studies and research on transportation safety;

3. Reimbursement of extraordinary expenditures and expenses of government and

Private agencies and persons mobilized by the Board in investigating transportation accidents,

and

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4. Training and related conferences to enhance the expertise of the officers,
personnel and employees of the PSB.

SFC. 23. Appropriations. ~ ‘Vhe amount of Thirty million pesos (P30,000,000,00) ts

appropriated to finance the operation of the PTSB for the first year out of the funds of the

National Treasury not otherwise appropriated. ‘Yhereafier, such amounts as may be necessary

and sufficient to finance its operations and activities s|
Act.

yall be included in the annual General

Appropnatio:

SEC. 24. Implementing Rules and Regulations, - Within sixty (60) days from the
effectivity of this Act, the PTSB. in coordination with the Department of Justice, Department
of Transportation, Deparment of Public Works and Highways. Department of Energy,
Department of Trade and industry and the Philippine Nationat Police, shall promulyate the
implementing rules and regulations for the effective implementation of this Act

SEC. 25. Separability Clause. ~ Wany provision or part of this Act is declared invalid
or unconstitutional, the remaining parts or provisions not affected thereby shall remain in full
force and effect

SEC. 26. Repealing Clause, AN laws, decrees, orders, proclamation, rules and
regulations, or parts thereof, which are inconsistent with any provision of this Act are hereby
repealed, amended, or modified accordingly

SEC. 27. Effectivity. his Act shall take effect fitteen (15) days after its publication
in the Official Gazette or in a newspaper of yeneral circulation.

Approved,