Republic of the Phitippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

COMMITTEE REPORT NO __ 2648

Submitted by the Commitee on ‘Transponation and the Commitee on Approgeativs on
2.0 AN 2412 _
House wit! No, _ 6870 |

Recommending ils approval in substitution of House Bill Nos. 296, 1204.

Re

$2 ard 4743

Sponsors Representatives Roger G. Mercado. Jocelyn §. Limkaichong. Rel: $ Golez
Pedro P. Romuatdo. Lorenzo R. Tanada Lt] and Mel Senen S. Sarmies

Mr Speaker

as which
ad

The Conmitiee on ‘Transporution and che Comminice on Appropriatio
were referred House Bill No. 296 introduced bs Representative Roilo § Golez. &

“AN ACT REGULATING THE HARBOR PLLOTAGE SERVICES AND THE
CONDUCT OF HARBOR PILOTS IN ALE PORTS IN THE PLULIPPINES
AND FOR RELATED PURPOSES”

House Bill No 120+ introduced by Represemative Pedro P Romualdo, entitled
“AN ACT REGULATING HARBOR PILOTAGE SERVICES \ND THE
CONDUCT OF UARBOR PILOTS IN PHILIPPINE PORTS ANO FOR
OTHER PURPOSES™

House Bill No, 4032 introduced by Representative Royer G. Mercado. entitled

vAN ACT CREATING 4 HARBOR PILOTAGE COMMISSION.
REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF
HARBOR PILOTS IN ALL PORTS IN THE PHILIPPINES AND FOR
RELSTED PURPOSES”



_QUEZON CITY

orenzo R Taftade UL en:

Rs

(0, 4743 im

-“4N ACT CREATING A HARBOR PILOTAGE COMMISSION.
REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF
HARBOR PILOTS IN ALL PORTS IN THE PHILIPPINES AND FOR

RELATED PURPOSES”
have considered the same and recommend that the aached House Bill No 68 70

ent

ied
*4N ACT REGULATING HARBOR PILOTAGE SERVICES AND TRE

CONDUCT OF HARBOR PILOTS IN ALL. PORTS IN THE PHILIPPINES.
REORGANIZING PORT AUTHORITLES AND FOR OTHER PURPOSES:

296, 1204, 4632 and 4753 with
foger G. Mercado, Lorenzo R Tanada
Carlus Padilla as authors thereof

be approved in substitution of House Bill Nos
Representatives Roilo §. Golez. Pedro P. Romuald;
TEL Mel Senen Sarmiento, Alfredo B. Benitez

LIMKAICHONG BON. ROGER G. MERCADO
Chairman Chairman
Commin: Committee on Transportation

on Appropriations

HOUSE OF REPRESENTAT



Republic o7F

he Philippines

HOUSE OF REPRESENTATIVES

HOUSE BILL NO.

Quezon City

Fifteenth Congress

Third Regular Session

6870

(In substitution of HB No 296, HB No, 1264, IB No 4652 and HB No 4743)

Imroduct

Pichay

by Representatives Rollo $ Golez
Lorenzy R. Taiada LU, Mel Senen $ Sarmiento. Victorino Dennis M. Soct
Alitedo B, Benitez and Carlos M Padilla

AN ACT.

REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF
HARBOR PILOTS IN ALL PORTS LN THE PATLIPPINES, REORGANIZING PORT

AUTHORITIES AND FOR OTHER PURPOSES
Be 1 enacted by the Senate and the House of Represemeaves of the Philippines 4 Congress

assembled:
Section 1. Short Title.

iy private persons

Sec. 3. Poticy and Objectives. - Ir is hereby recognized by the State that pila

protection of marine environment

supervise pilor

following objectives

por users:

.-daiTo ensure safety at all times of 7

e effective and effi

fhis Act shall be known as the “Pilorave

plays a vital and complementary role in the efficient operation ¢

Ir is therefore the policy of the State to

services and the conduct of pifots in all ports in the count

of pilotage

els. passengers

Seni,

services

procts and

eguiate, end

touzh



se fees and charges

nalization of pilotag
(c+ To encourage a healthy and Siend’y competitive environment ema:

din pitotage services,

tdiTo ensure the safety of tife and property at sea, and protection of

NENT

ations of harbor pilots and to promore and

ce} To upgrade the skills and qua
develop professionalism among their ranks: and

(1) To improve the traffic manayement system in ports

Sec. 4, Definition of Terms, - For the purpuse of this Act, the words and obrases
used herein shall be defined as follows.

(a) Accreditation vefers to an official recognition, approval or permission granied by

“ganization to practice or provide har'vr pilovage

the Authority to 4 harbor pilot of pilot o:
services in a particular area for a prescribed period:

(b) Appointment refers to a designation by the Pilotage Committee granted to a
harbor pilot to exercise his profession and render pilotage service in a particular pilsxage
district;

(c) Authority revers to the Philippine Pons Authority (PPA) and ozher port
authorities created under a special charter. including the ports within the economic zone and
autonomous regions, having exclusive jurisdiction, supervision and control over port
opera:ion and management in a specific port in the Philippines;

id) Gross Income refers to the voral gross biliin
‘owner agents for pilotage and related services rendered, whether collected or not.

assessed against the ship

le) Harbor Pilot refers to 2 duly licensed Master Mariner, who is not part of the

regular complement of the vessel, taken on board at a particular place, and tasked to

ciently and effectively perform pilorage service within a specific pilotage distri

(8) Non-Governmental Organization (NGO) refe:s 10 non-stock, non-profit priate

organizations with proven track record or experience in the conservation. management ind

procecrion of marine environment,

Permit to Operate refers to che authority granted by the Port Authority 19 any

accredited pilots organization to render pilotaye service in a particular pilotage dis

thy Pilotage License refers to the permit or ficense granted by the Pilorag

ofession-and to render pilotage services ir a

“Cénimitiee 1% a Master Mariner Lo exercise hi

we district;

particular pias:

tu Pilotage Organisation reters 19.ar association of Harbor Pilots duly_licersed ead



Bow mo

wl

ob om non
am SF ORR

Ny
3

e Connmistes ar =

agemated oy ine Pilo

this Act

navigating or maneuve-ing a

(1 Piltage Service veizes 10 the act
annels and estuaries, including ai! rviared

essel to'ffom berth or an: along riv

acuvities thereof,
(ki Recognized Umbrella Organization of Harbor Pilots reters to a nacional

federation or association of harbor pilors, the membership of which comprises the majority of

the duls ticensed harbor pilots in the Philippines as cervified by the Securities and Exchang
Commission. Cooperative Development Authority a: she concerned regulatory body

(1) Recognized Umbrella Organization of Shipagents refers to a nationa! federmion
or association of shipagents the membership of which comprises the majority of the
shipagents in the Phifippines as certified by the Securities and Exchange Conunission
latory body,

Cooperative Development Authority or the concemed rex
Sec. 5. The Pilotage Committee. - Each Authority, under the supervision o* the
mandated 10

Secretary of the Department of Transportation and Communications (DOTC). is

creaie a Piloraze Committee. Subject 19 the approval of the Secretary of the DOTC. the

Piforage Committee shall define the nature and extent of harbor pilotage services. inclucing

she establishment of rates in ports under its jurisdiction

Sec. 6. Composition of the Pilotage Committee. — The Pilotage Commitiee. «

ation of pillage profession and conduct of piiova

shall exercise jurisdiction over the re:
autonomous regions and econemis 2976s,

outside the jurisdiction of chartered po:

servic:
shall be composed of five (5) memiers samely
Commandant of the Philippine Coast Guard (PCG): the incumbent Presi

le General Manager of the PPA. the
he

mt oF

Recognized Umbrella Organization of Harbor Pilots, the incumbent president of che

Recognized Umbrella Organization of Shipagems. a representative from the recognized

national association of Philippine shipowners. and a representative of a recognized NGO

ed’ Prowidled. That, the last two (21 members shalt be appointed by the President
cad

herein deft
of the Philippines for a term of two (2) years from among the list of recommendees submi

by the seeror concerned. The PPA Genera! Manager shall act as Chairperson of the Pils

Commies
In the case of Authority in chartered ports. the Pilotage Commitiee shall be composed

1 General Manager of the Authority having jurisdiction over the ch

icemed whe shall also act as Committee Chaicnezson .


ou

sa

PE See

n

18

28

2 Commander of Coas: Guaré Distris: where the Authority is located

ee umirelia organization of harbo- pliers

A representative from: the reco;

zed umbrella organization of shipager

4 representative itom the recog

A representative from the recognized national association of Philippine

shipowners, and
6 A representative of a re ized locat NGO.
In the case of Authority af ports within the exclusive jurisdiction of the aurono:a0us

ions. the Piloraze Committee shall he composed of

1. General Manager of the Authority having exclusive jurisdiction over the pasts af
the autonomous region concerned who shal! also act as Committee Chairperson

Commander of the Coast Guard District where the Authority is located.

A representative from the recognized umbreila organization of harbor pilots.

4. representative from the recognized umbrella organization of shipag

5 4 representative from the recognized national association of Philippine
shipowners: and
4 A representative of a recognized local NGO
In the case of Authority of ports within the exciusive jurisdiction of the economic
he Pilotage Committee shall be composed of,
1, General Manager of the Authority havi
the economig zune concerned who shall also ast es Committee Chairperson:

zones,

ig exclusive jurisdiction over the port oF

2. Commander of the Coast Guard Discrict where the Authority is located.

umbrella organization of harbor pilot

A representative from the revs

ents,

ized umbrella organization of ship:

A representative from the sec

rs

ized national association of Philippine

A represemative from the rec:

shipowners, and
! NGO.

6 A representative of a recognized lo:
The Pilotage Committee herein created shal] be under the control and supervision of

the Secrevary of the DOIC.
The presence of four (4) members of the committee shall constitute a quorure: £9:

ne

exercise of its fisnetions and the affirmative vare of the majority of the members present shill

be a salid and binding act of the Commizee Ir the absence of the Chairperson during

from am:

~the~members present ‘shallelect a temporary presiding officer

Nes,



an

o

‘he Committee shali receive per elfen fi

mn and members

The Chairper
necting acmualty: attended at rates approved by the Deparment of Budwer und Masi
jations The Commitee shall hold regular meetings oace ¢

ment

pursuant to existing laws and regui
monti: and in no case shall it hold more than one (1) special meeting in any mont

The per diem of the Chairperson and members of the Board shall be
he Pilotage Safety Development Trus: Fund provided under this Ac‘
7. Powers and Functiows of the Pilotage Committee. — The

See. Piisieze

Comminee shalt have the following powers and functions:

(a) Establish, determine and adjust rares and fees for harbor pilotaye services by

aking inte account the current rate structure, tonnage of vessels. peculiarity and inzriasic

characteristic of each part and harbor and such other important factors’ Provided. The. no

imposition or adjustment shall be made withour prior consultation with the stakeholders in a

public hearing called for the purpose. Provided. further, That the rates and adjusta.ca

thereof shall be subject 10 the approval of the Secretary of the DOTC and shal! rax

onl fiftecn (15) days affer its publication in two (2) newspapers of general circulation.
with duly accredited pilotage organizat.ons

fb) Conduct regular consultative meeting

and duh licensed harbor pilots in relation 10 improvement of services, upgracing

facilities, rave restructuring and such other related concerns.
(c} Determine and appoint the number of harbor pilozs needed in « particular pilozeze

ct in the case of PPA and in a particular port in the case of independent port authoriies:

(ds Ensure the efficient and fair handling of accreditation of harbor pilors. cance! or

suspend accreditation of harbor pilots far just cause. giving due notice to affected parties

tier proper hearing,
(2) Grant and issue pilotage license to harbor pilots:

1) Cancel or suspend the license of harbor pilots for any act in violation of -1e

provisions of this Act;
(g)Accredit harbor pilot organizations:
nizations for

thiCancel or suspend the accreditation of harbor pilot 0}

causes mentioned in Section 18 of this Act:

(i)Preseribe fines for other acts which penalties are not othenvise

provided in this Act, and a



suct mumiser of support personne! as may’ be

nine and appa
sacry our its administrative functions sudject te the provisions of the Civil Service Rui

R

tations

cencened,

8. Establishment of Harbor Pilotage District. - The Author;
the DOTC. may opt to adopt the existing post

Sec.

shject 10 the approval of the Secretary a

nal! have the authority to establis addi: onal

ots within its jurisdiction. However.
ing ones under its jurisdiction as the need ari

piiotage districts or reorganize the exis

purposes of public interest
ide e:thes

service shall be pr

Sec. 9. Provision of Pilotage Services. — Pilotag
ed pilnage

directiy by the Authority or, on a non-exciusive basis, through accre

iy
organizations in government-maintained or privatefy-managed ports in the country

age district or any part thereof sha!l he

Even vessel while navigating in any pi
under pilorage und the owner, agent or master of the vessel shall comply with that
requirement. A vesse| while being moved within any area of the port that is or forms pav of a

piloxage disrrict shall be deemed a vessel navigating in a pilotage district
Wwernment and private wharves, beaks

Pilotage services shall be compulsory in

piers or anchorage except as otherwise provided in this paragraph. Every vessel engaged in

trade shall always be under compulsory pilotage. Pilotage for vessels engage? in

declared under compulsory pilex

forei
domestic wade shali be optional unless a port i:

bs the

appropriate port authority
However. the Authority may. if it appears to be necessary. exempt any’ vesse! or clas:

of vessels engaued in domestic trade while navigating in any pilotage district.
under pilotege service subject 10 such conditions as it may deem appropriate

Tae Authority shall consider the following factors in determining the wpe

ate coverage for each port

appre:
(a) Size and type of vessels:

fb) Phy

capabilities
ic) liydrographic situation of the harbo- including its channels and passageways.

sical and technical configuration of ports including mooring and berth

idi Navigational capabilities of each por. safery and traffic devices and other reia-ed

navigational aids
-armvals and departures:-and

4) Volume of vessel traffic o: av erage frequency of ve:

ch other factors which may a‘fect the isk of vessel movements



nN

Ook w

o

Sec. 10. Qualifications of Harbor Pilots. — A person shall be acczedi achor

pio: if one possesses the follow
a1 Filipino citizenship.
(5) Sound physical and menta! condition.
et Good moral character,

1d: Duly licensed by the Pifotage Commimee te practice one’s profession within &

specified port or district,
years old: and

é¢) Noi more than fifty-five (
(2) Must have been a Master Mariner on board see going vessels of not less thar: five

ausand (5.0001 gross tons for at least Eve (5) years,

Sec. 12. Computsory Retirement of Pilots. — Upon the effectivity of this Act ¢

70) Provided,

harhor pilot shall be considored retired upon reaciving the age of seventy {

However. That all harbor pilots shall undergo annual medica! and physical examinations as a

cage service profession

requirement for the continued exercise of pi
Sec. 12. Accreditation of Harbor Pilots. - All harbor pilots. before prazticin:

profession, must get an accreditation from the Pilotage Committee. The Pilotege Com
shail accredit only a limited number of harbor pilots per district or port for e-Ficieney
purposes The accreditation will not resule t an emplayer-employee celationship herw eer: the
“Acthosity and the harbor pilot-applicant

The Piiotage Committee may appoint a duly accredited harbor pilot for a particular
port or district on a temporary basis in the absence of a qualified applicant for said area, The
appointee musi be in the list of duly licensed harbar pilots of the Pilotage Committee and

th the atca concerned. The temporary appointments shall be valid while che

familiar wi
exigency subsists and shall be automatically terminated upon the accreditarion ol’ 2 qua!

hazhar pilot
Sec. 13. Establishment and Accreditation of a Pilotage O:
10 organize themselves into a corporat

nization. — Tae

Piistage Commitee shat] encourage harbor pile

pactnership or cooperative. Said organizations must be duly registered with eizte:

Securisies and Exchange Commission or Coopecative Development Authority.

The Pijotage Committee shail only issue accreditation certificates te qualified havsor

pilo: organizmions, The permit to operate a particular pilotage district may only be ¢

upon proof of financial, technical and administcative capabilities’ of the ‘applicant pilowese

‘ganization



we

Soo aw a ww

i

1
12

ta
“I

ty
e

zations to

accredited harbor pilorage orga

Authority may appoi

ofthe

1 zake-ver the services of 2 suspended piloraue organization in the ¢.

jons and render piiolage service withir its se-vice

jure or refissa! to perform its fans

¢ pil

Suck teriporary appointment shall continue until upon the resumption o:

services following the lifting of the suspension of the pilotage organization concerne<.

Sec. 14. Record. — Harbor pilots or narbor pilots organizations shal! keep ¢ record of

his or its operations and financial transactions and such other records or reports peraining 1

pilotage services operations. Such records shall be made open to member-pilots and

concerned government agencies for inspection and examination
Sec. 18. Operating Capital, Equipment and Facilities.

efficiently render pilorage services, individua? pilots and pilots organizations shall make
Pilecage

To effectively and

1 equipment or facilities as muy be required by

available such operating capi

Committee.
Sec. 16. Pilotage Safety Development Trust Fund. ~ There is hereby establisted «

Trust Fund to be known as the Pilotage Safe:y Development Trust Fund (PSDTF). i> d¢

administered by the Pilotage Commirtee concerned in accordance with existing government

accounting and auditing rules and regulations

a) of the gross amount of pifotage fees raid

An amount equivalent to five percent
pilotage services shall be collected to establish the PSD IF
sed

to the harbor pilots for render
The fund shall be deposited as trast receipts in the National Treasury and shall be disbu>

and utilized for the following purposes

1 Installation and/or upgrading of pilotage equipment and facilities to sont2+m

with international safety standards for navigation.

) Developmental foans for the acquisition of capital equipment nesessery 10

render pilotage services in the respective harbor pilotage districts:

cr Such other projects for the promotion and development of ma:

services as well as for the prorection, of marine environment: and

involving pilow
db Administrative expeases of the Pilotage Committee.
the Trus Fund shatl not be used 10 fund ot..er

Except for the payment of per dies
persona? services expenditures and acquisicion of motor vehicles

The pilovage committees shall render 2 quarterly report to the Secretary of the DOC

of thé ssarts'o? the PSDTF. including the detailed disbursements therefrom:
\o disbursements from the PSDTF shal: be made unless in accordance with

¢ Pilotage Committes concen

_piogram of work and oxpenditures duly approved by


woe we te

o

Ho ye
NES © oe

bs
&

we
8

to
B

24

mv as provided in the immediate: susceeding section, ne other charLes or

lots

Ex
sion by way of government shure sial. be ievied on the g

derived from rendering pilotage services and in the exercise of their professior es Farbor

ross income of hi

impe:

pilots,
See. 17, Government Share in Pilotage Service. - The Secretar of the DOTC. ir

@ Tee oF

ge commitiees esiadlished under this Act. shall fix th

consultation with the pil
government share on the gross income of harbor pilots derived from rende:

services Such amount shall be levied by the Authority concerned on such terms

ditions as the Secretary may impose The rate herein stated shall be reviewed once every

pil

con

five ($+ years or earlier when economic circumsances require
Sec. 18. Grounds for Suspension or Cancellation of Accreditation. — The Piimage

Comminze may cancel or suspend the accreditation of harbor pilots and pike

organizations on the following grounds
iay Refusal or failure to render effective and efficient pilotage service:
(>) Failure or refitsal to observe and comply with safety standards and por poli

8

(ec) Gross incompetence which resulted to loss of cargoes, loss of

destruction of vessel and harbor properties.
{d} Implementatioe of rates and fees without the approval of the Committee.

(2) Involvement or participation in iliegal activities such as smuggling and

waffiching passengers:
if) Refusal to cooperate and subm
govemment avency in relation to his or its pilorage operations. as the case may be,

: t© an audit called for by the Authority or other

g) Failure of refusal to post the required performance bond and other related fees
thy Faivure or refusal to remit the government share ir the pilotage fees:

3) Failure to maintain the required capitalization requirement, equipment and

facilities that may be required in connection with its accreditation:

ij) Failure to comply with the substanive requirements of the Pilotage Committe

(ik) Failure or refusal to post the required indemnity insurance.

411 Intosivation and use of prohibited drugs during the performance of one's

davies

a8 2 harbor pilor:
(mi Use and submission of any fatse or forged documents for the purpose

she Harhor Pilot License‘or appoin:ment:—

(nj Acts prejudicial to the Professionaf Cade of Conduct for harbor pilots



OU ke wow

10
11
12
13

16

¢o* Physical or mental impedimen: tc reader pilotage services as may be de:ervined

sigs and regulations.

See. 19. Respons

oy mester of a vessel shal! only employ duty licensed and accredited harbor piiors ¥

pil

shall be fined ip such amount as may be prescribed by the Pilolage Committee

purpose.

wee services in 4 particular district or port 4 person acting in violation of th

the Pilotage Committee shall publish the list of accredited harbor pilots

(pi Failure te comply with any of the

1sician accredited by the Department o° Featth: or

provisions of dirs Act and its impiemeuting

ity of Owner. Agent or Master of a Vessel, — The owner. azent

519 render

Section

For this

and their

cespective jurisdictions in such manner as to cnsure thar every owned. agent or master of a

vessel is properly informed.

Sec. 20. — Limitation of Pilot's Liability. — A harbo: pilot licensed to act as such by

the Piiotaee Commitee and authorized to provide pilotage serv

6 in the differers harbor

nilorage districts shall not be liable for damages in excess of the amount of Five Hurdred

Thousand Pesos (P500,000.00) for damayes or loss occasioned by a pilot's errors. omiss:ons.

fault. or neglect in the performance of pilotage services, except as may arise by rease7

nce

one’s willful misconduct ar gross n

Each harbor pilot shall post an indemniry insurance bond from the Government

Service insurance Sysiem (GSJS) or from such reputable insurance company acceptable to

she Pilotage Commitee, to cover the limit of the liability or for such amount us may be

required by the Pilotage Committee

om the negligence of the master and crew.

The harbor pilot shall be free rom responsibil

ity for damage, injury or death arising

ctitiness of

1¢ Vessel under pilolage, unseaw

the vessel. breakdown of its machineries and equipment. force majeure or fortuitous event

Upon acual boarding a vessel to provide pilor

-rvant of the vessel and its owner and operator Nothing in this Section exempis the ves

its owner. or its operator from liability for damage or loss ozcasioned by that
of property on the ground that (a) the ship was piloted by a duly licensed piloz. or 1b)

damawe or loss was occasioned by the etvor omi

licensed bv the Pilotage Commitee

The harbor pilot on board a vessel under pilotage serv

master-during and at the rime of his engagemet

The master of the vessel, its owners a

ge caused dy or to the vessel even whil

“ALS 2Fe HOT

services, thal pilot becomes

on, fault, or neglect of a pilor

shall serve as ads ise: of ve

in the conduct and maneuver of the ves

ved of responsibilin far any iss

the vessel is under compulsory pilotuge

20


woe

we

Faery

hops NM ote ne ee
SSOS SRY RE

te
a

ne of nor ess thar Twenty Thousand Pasos

Sec. 21. Penal Provision. - 4 ?

29% 00) nor mare than Two Hundrec Thousand Pesos (?209.000.00) or impr:sanmem

(P
for 2 period of not less than one ¢1) vear nor more thar. six

fine and

(6) vears or both suct:

etion of the court. shali be imposed upon

sonment, at the di
2)Any person who shall render piiorage services without license and apy

imy

ointment by

the Pilozage Committee
byAny person who represents one’s self as # harbor pilot for a paricular piievage
hecbor

district without being a member of the pilotege organization for the said particul

piiotege district:
cy Any person who shall give any false or forged documents for the purpose of

abraining the harbor pilot license or appointment

d}-Any person who shall use an expired, revoked or suspended harbor pilot license or

appoinrment to perform piiotage services: and
ce} Any person who shall assume. use or advertise the title of a harbor pifoz wrder

one’s name. or any description to convey the impression that he is an active and duly licensed

harbor pilot without holding a valid harbor pilot license and appointment issued by the
Piloage Commitee.

See, 22. Issuance of New Accreditat

piiors in all pilotaye districts shall be issued new accreditations in accordance with che

0 to Incumbent Warbor Pilots. — Tocumient

provisions of this Act. in no case shall said new accreditations exceed the compu:

retirement age for harbor pilots as provided for in this Act
Sec. 23. Transitory Provisions. - Harbor pilots duly authorized by the Authorey: 10

- pilotage secvices prior to the effectivity and implementation of this Act she]
To evercise their profession and be given 2 period of rwo (2) years to comply with the

qualification requiremems under this Act They shall be given preference over new applic nts
ted in this Act.

as long ax thes have substantially complied with the requirements st

The prevailing sates upon the approval of this Act shall be charged for pi

anti] a new set of rates are imposed by the pilotage commitices follow

siry of this Act
Sec. 24. Implementing Rules and Ri

ations. - The DOTC as lead agency. in

# port authorities of eco

the Maritime Industry Authoricv. the PPA.

coordination
Posies, the port authorities of autonomous regions and-ouher chartered port authorities. shell

implementing rules and regulations of this Act within a period of three 3)

eth

months.tromthe date nf effectivity of thi:

promut



See. 25. Separability Clause, If any part or provision of this Act is

ompeten: authority, the remainit

unconstitutional or invalid by a court
are not affected thereby shail continue te be inf

Sec. 26. Repealing Clause. — Executive Order No. 1088 dated February 3

force and effect.

herety repealed. Other laws, decrees. issuances. rules and regulations. or any pert thereof,

which are inconsistent with or contrary to the provisions of this Act, are hereby repeaicé or

modified accordi
Sec. 27, Effectivity Clause.
complete publication in the Official Gazette ar in rwe (2) newspapers of genera! circular

This Act shall take effect fifteen (15) davs afte: its

on

Approved,



FACT SHEET

House Bill No. 6879

AN ACT REGULATING HARBOR PILOTAGE SERVICES AND
THE CONDUCT OF HARBOR PILOTS IN ALL PORTS IN THE
PHILIPPINES, REORGANIZING PORT AUTHORITIES AND
FOR OTHER PURPOSES

Introduced by: HONS. ROILO GOLEZ, PEDRO P. ROMUALDO, ROGER:
MERCADO, LORENZO TANADA Ii! AND MEL SENEN SARMIENTO

Committee Referral: TRANSPORTATION
Committee Chairperson: HON. ROGER G. MERCADO

OBJECTIVES:

®@ To hasten the growth and development of Philtppine ports wasther
owned and maintained by the goverment or private entities;

© To improve traffic management system in Philippine ports and ensure
the safety of passengers. port iacilities, vessels, cargoes and otner port

users;

© Jo provide for an effective and efficient delivery of pilotage services
through rationalization of pifotage fees and charges, upgrading the
skills and qualifications and develop professionalism of harbour pilots:

and

To promote a healthy. friendly and competitive environment among
entities involved in rendering pilotage services in the country.

KEY PROVISIONS:

@ Authorizes the creation of tne Pilotage Committees which will have the
power to regulate the piloiage profession and the conduct of pilotage
services in all Philippine ports. insiuding chartered ports, autonomous
regions and economic zones;

® Provides for the composition of the Pilotage Committee and autnorizes
the Secretary of the Department of Transportation and
Communteations (DOTC) to fix the compensation, allowances and per
diems of the members of the Pilotage committee;

@ Defines the jurisdiction, powers and functions of the Pilatage
Committee to include the following: aetermination and adjustment of
____ sas and fees for. harbour piiotage services, conduct of const _



erganizations to improve 5
umber of harbaur pilots nes
sgulate the accreditation of sito

licenses: appoint person:
.

meetings with a:
services, determine ana appoin:
pilotage districts in the country
organizations, issue ha‘bour pilot
necessary tc cary out is administrative functions subjec: ic

provisions of the Civil Se-vice Rules and Reguiations

a

Vests with the PPA the power 1c esiablisn additional pilotage dist:
and reorganize the ex:sting ones under its jurisdiction;

Classifies ports categorized as compulsory or optional pilotage service
based on the following factors. size and type of vessels; physical anz
technical configuration of ports including mooring and berthi

capabilities; hydrographic situation of the hardour including its channel
and passageways: navigational capabilities of each port, safety ana
traffic devices and other related navigational aids; volume of vessel
traffic or average frequency of vessel arrivals and departures: and

other factors which may put the vessel at risk;

Provides Pilotage Committee with other regulatory functions such 2s
setting the qualifications of harbour pilots: accreditation of pilots Dasec
‘on the demand in a particular district or port. setting the compuisory
retirement age of pilots to seventy (70) years of age: examination of
records or reports pertaining to pilotage services operations: ana
provide for the grounds for suspension or cancellation of accred:tatior
of harbour pilots and pilotage organizations:

Establishes the Pilotage Safety Development Trust Fund ta be used for
the upgrading and installation of pilotage equipment and facilities to
enhance safety standards for navigation, developmental loan for
pilotage organizations, cover the administrative expenses of the
Pilotage Committee: fund projects that will promote and develop

narbour pilotage services;

Provides that the government share in pilotage service shall be by

the DOTC Secretary in consultation with the pilotage committees.

Sets the responsibility of vessel owner. agent or master of the ship to
only employ duly accredited and licensed harbour pilots

Provides the limitation of pilot's liability for damages or loss due ic
pilot's errors, omissions, fault or neglect, witful misconduct or gross

negligence;

Provides penatties of imprisonment and fine for the violation of its
provisions,

Requires the Department of Transportation and Communications
{DOTC), m coordination with tne Phitippine Pons Authority (PPA) and
Maritime Industry Authority (MARINA). port authorities of economic



ons and chartered port authorit
IRR within three (3) months

zones and autonomous
promulgate the necessary
effectivity, and

ive Oraer No. 1088 issued in 1986.

® Seeks to repeal Ex
RELATED LAWS:
© Executive Order No. 1088 Series of 1938

@ Prasidential Decree No. 857. Revised Charter of the Philippine Ports
Authority (PPA)



15° Congress
3° Regular Session

COMMITTEE ON TRANSPORTATION

MINUTES OF THE MEETING OF THE COMMITTEE ON TRANSPORTATION HELD ON AUGUST 15, 2012,
1:30 PM AT CONFERENCE ROOMS 14 & 15, RAMON V. MITRA BUILDING, HOUSE OF

REPRESENTATIVES, QUEZON CITY

RESOURCE PERSONS:

Me

Mi.

President. Provincial 8us Operators Association of the
Philippines{PBOAP)

Department of Tourism (O07)

Chairperson, Office of Transportation Cooperatives

Hr Alex Yague, ut

Dir, Shalimar Tamano. -
Dr. Leticia Z. Gorospe

Mr, Rico Villaluna + Philtranco

Consuelo Beltran . Department of Budget and Management (DBM)

Atty. Queen inguito - _ STCW Officer, Maritime Industry Authority (MARINA)
Atty. Pearo Aguitar . Phitipping Interistand Shipping Association (PISA)
Nelia 0. Cable - Philippine Ports Authority (PPA)

Migelfio Saquisame - Subic Bay Metropolitan Authority (SBMA)

Mr. Inosencio Matapitat - Cooperative Development Authority (CDA)

lr. Rogelio Salonga - Diractor, Philippine Ship Agents Association (PSAA)

CALL TO ORDER

Fohiowing the termination of the joint hearing with the Committee on Government Reorganizeion as
it committee by which the substitute oill calling for the creation of the Nationa Transpc"ation
Board was approved, the meeting of the Committee on Transpariation was called te orcer with
the Honorable Senior Vise Chairman #leandro Jesus Madrona presiding

ROLL CALL AND APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

The calling of the roll was dispensed with on the motion of Rep, Juliet Cortuna duly secanded by Rep.
Maxine Dalog. A subsequent motion of the latter dispensed with the reading of the minutes of the
meeting and the same was considered approved.

_ ACKNOWLEDGMENT OF GUESTS _

The Chair proceeded by acknowledging the House members an¢ the resource persons w

atiendance.

e



PRELIMINARY REMARKS BY THE PRESIDING OFFICER

Before going into the proper discussion. tie Cran informad the Body abou: the rmpovanse of the
ures under consideration.

MEETING PROPER

Part 1: Initial deliberations on HB No. 6034 re: An Act Prohibiting the Collection of Fees from
Passengers for the Use of the Comfort Rooms and Service Facilities Located in the Bus
‘Terminal/Bus Stations, Bus Stops and Rest Areas for Motor Vehicles authored by Rep. Maximo
Datog

When recognized to sponsor his measure. Rep. Daiog elaborated that HB No. 5034 cenalizes
operators of bus terminals, bus stations, bus stops and rest areas who will chargeicohect “28s from
passengers for using the service and santary facilties such as comfort rooms in wermiral'station
premses. According to the author, it is an un‘eir practice for bus terminalistation operators 12 collect
fees from passengers for the use of comfort roams or other service and sanitary faciitts under
Presidential Decree No. 856 (Sanitation Code}. the provision of these facilities form part of the
obligations of the service provider.

In support of the argument of the author. Rep. Cortuna claimed that if the operators of thes
and stations insist on the charges upon the use of these facilities, the same shoule be reports

financial statements and must be subjected to tax.

Mr. Alex Yague. Jr. of the Provincial Bus Operators Association of the Philippines (PROAP). when
recognized. explained that the collection of fees. which he claimed a normal practice ir terminals, is in
the form of voluntary contribution for the maintenance of the sanitation facilities pointing out that the

same is being practiced by mall operators and jeepney terminals nationwide. He told the Body that
they will submit their positon on the issue

fees on the

The representative of Phittranco, meanwnile, informed the body that they do not collect
use of comfort rooms the same they considered as part of the contract of carriage. He said tnat they

Support the passage of the bill.

‘véhen ask for comment, Director Tamanc of the Department of Tourism said that the
sure and will submit their position to the Committee.

Before suspending the deliberation on the measure. the Chair directed the Committas Secre-ariat to
“equest the position of the local government units for reference in future discussion of the b
iikewise directed the Secretariat to look into the retated provisions of PD 856 that might be
the Commitiee upon the recommendation of the author.

Part 2: Continuation of the deliberations on the proposed substitute bill re: An Act Regulating
Harbor Pilotage and the Practice of Pilotage Services and for Other Purposes (HB Nos. 296,
1204, 4652 and 4743 authored by Reps. Roilo Golez, Romualdo, Roger Mercado and Tanada,

respectively)
The Cra called on Rep. Me! Senen Sarmiento.

igasure calling for the regulation of harbor :
proposec substitute bill

¢ Chairman of the TWG who crafted the drat 3f the
‘stage Services f present to the Commi ni

Rep. Sarmiento told the Body that consonant with the rationalization program.of-ine.governrn
origina plan to create a Pilotage Commission wes set aside and the TWG decided to instead



ate harbour pilotagé and the prac
on he asked the resource nerso7,

Pimage Committes which main tas
5 in Philippine pons. After nis p%
sitions on the draft substitute bit

t

For the representative oF the DBR, the utiizaion 9: the Trust Fund under Seciion 12 of t
should be specified. She recommended that amendment to the effect that the same sh:
2¢ a revolving fund must be clearly statac to avoid confusion. Tne recommendation wa:
the Chair instructed the Secretariat to nots tne necessary amendment.

when recognized, Atty. Aguilar of PISA, said that the pr
issues. He suggested that pilotage services in domestic trade should be optional cor
that local ships operate frequently between points within the Philippines. Another
pointed out is the share of the PPA in pilotage services. He said that objectivity cannot be
from the PPA who will act as 2 regulator and member of 2 body fixing the rates as proposed ir the ill,

While the PPA representative agreed that domestic sbipping b= put under optiona! pilot
opposed to the suggestion removing the agancy’s 10% share in pilotage services,

At this juncture, the Chair directed the Secretariat to make the necessary amendment on Secdon ¢ te
the effect that domestic shipping be put under optional pilotage.

submit

The representative of SBMA, when recognized, asked the Committee to give them a week
2d their

their official comment on the measure. On the other hand, the representative of CDA expre:
jull support for the passage of the measure

wfhen asked for comment, Mr. Salonga of PSAA requested that their group be included as. member of
the Pilotage Committee to represent their princigal foreign shipowners. He also reiterated ft
af PISA to remove the 10% share of the P>A in pilotage services considering that they are also paying
ather charges. He said that PSAA wil be submitting its positon on Monday the followin

Afer hearing the position of the resource persons, there being no objection, it was moved and
seconded to approve the proposed substitute bill subject to the amendments agreed upor by the
body. The Secretariat was directed to finalize the substitute bill for Committee Report preparation
upon receipt of the commentsipesitions from the concemed sectors. The motion was una: tously

carfied.

Vi ADJOURNMENT

‘The meeting was adjourned at around 2:40 p.m.

Prepared by:
“WeA Ls
Abend Gl
‘ANTONIA A. GIL
Committee

Approved py:

Rt G. MERCADO:
Committe Chairman



Republic

HOUSE OF REPRESENTATIVES
Quezon City, Metre Menile

omth Conare
First Regular

HOUSE BILL NO. 463:
Introduced by Honorable Roger Gaviola Mercado

EXPLANATORY NOTE

Master Mariners acter

Pllomze hes been a recognize?

ws have provided efficisnt and s 1g
sels, and in conducting vessels along channe's and beys unfamiliar to foreix

Masta: on bourd oceau going vessels calling 02 tribution in
ot of the coumry's economy by wey of safe navigation within

waich grovides for an integrated
dance with the generally accepted

sidensie! Decree 857 which gramte:
ower over Pilotage has aeady become unresponsive to the declared
icy af emifocmity on the regulato-y conzol of pilotage matics by the

© yaions Port Authorities under Special Charters separate and
assumed upon

rial areas even
fs. tis thus the

chs Aor to place regulatory convo: end
Pilots under 2 Pile



instinmionalize prevailing,
5 and other charg:
work during night-
time and Sundeys end Holidays, wo define = ity in the event of
damage io proper or death and injury to persons ca under pilotage,
and to streamline the legai relations and regulatory contro! on Harbor Pilots and
pilotege organizazions in all por of the country under the Pilotage Commission.

Foregoing considered, the passage of this Bil

camesily requested.

ROGER GAVIOLA MERCADO



HOUSE BILL NO. 4632

ARBOR PILOTAGE COMMISSION,

PILOTAGE SERVICES AND THE
RTS IN THE

AN ACT CREATING A H.

REGULATING HARBOR
CONDUCT OF HARBOR PILOTS IN ALL PO!

PHILIPPINES AND FOR RELATED PURPOSES

Se enacted by the Senate and the House of Representaves of SNe Philippines in

Congress mbled:

SECTION i. Title This Act shall 52 knows 25 1 "Piiotage Service Act of

2011*.

harbor pilots and pilotage

SECTION 2. Scop This Act shall apply 2 alt
try, whether owned Dy

organizations providing pilotage services in all poms in ine
the government or private persons.

SECTION 3. Policy and Objectives 1 is nereay recognized by the State that
nilotege sesvice plays 2 vita! and complementary role in Se efficient operation of ports
and the protecion of marine environment. she-efore, the policy of tie sie
through ‘ne Piiotag2 Commission to regulate, anc supe! pliotage services and she
conduct O° nilots in ali ports in the country to atzelr owing objectives:

To ensure the safety of fife at sez, 997 fadities, vassals, and their

sassenge's and cargoes;

To ensure safe and efficient pilotaot ail timas, the protection of
caring environment, and rationalize charges Sesed on the provisions cf
Syective Order 1088.

mafistr of Harbor Plots.

To promoze and develop professi



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Manager snal! act jterage Commission.
members 3f she Commission shali be appointed >y' the Presicent of the Philippines.
Seceay the Deparment of Trensporetor and Communications shall it the
compensation 3° the members oF the Phimage Commissionss upon the
ceeenendation of the Pilotage Commission. The Pliotage Commission is hereby placed
under the admiristative control and supervisior ary of the Department of
Transporation ane Communications.

Caainmar oF the

the Commission shall constitute a quorurr for
least thre members shall be
chairman is absent in any
an to preside over che

“The prasance of three members oF
the exarcise oF &S functions and the affirmative vote of a
a valid and 2 binding act of the Commission. In cese the
ing, ihe memoers present shall elect a temporary chali
ng.

Any arovision of law to the contrary notwitnsznding,
of the Commission shell receive @ per digm for every
Commission shal} hold regular meetings once 8 mont: an:
than one secial meeting in any month. !

chairman and members
ing actually attended, The
dir no case shall hold mors

of she Board shail be chargeable to

Thea per diem of the chairmar: and memdzi
ction 18 of chis Act.

the Plisage Safety Development Trust Fund grovidec 'n

Powers and Duties-The Pilotage Commission shal. nave the following powers
anc functions =

ulation, and supervision on

(2) To exercise administrative control, rea
sijotege and the conduct of pilots in any Part Dissich

(0) To Adeot ules and regulations necessary for the anf
administration of pilotage and the conduc of ellocs;

Jo Issue Harbor Pilot ficenses to aiiot applicants maating the qualifications
herein set forth end such additional qualifications as may be determined
ime dy the Pilotage Commission;

to conduct sliccage servi

ment and

{d) To Aapoint duy licensed Harbor Pil

(2} To Exablish a comprehensive taining program 19 assis: in the waining and
evaluation of siiot applicants before final licensiag, and formulate such
other additional training requirements fo- H2-907 Pilots, including but not
limited to 2 program: of continuing education or. piiotage services;

(2) To Maintain a register of pilots, vecorcs iat accidents, and other
history pertinent to pilotag:

¢ fom time to time the numbar of pilots necessary to be

each Herbor Pilotage Distict ensure the operation of

etent pilotage service district;

Jor vlistage services, and

w the sem
2 rept involving any marine

westigations and rensel

(i} To Conc.



and to suoT1= recommendations to the
ations and to Congress any
sroparty and the protection oF

Chairman or any member of the Pliotags Commission in his absence. stall
have power to admiciste” paths i any matter before 7 Commission for consideration or
inguiry and te subpoenas requiring witnesses > appear before the Commissioz..
Suen suspoenas shall be signed by a member a” ie Commission. A witness willfully

disobeying such subpoena served upor th
‘ec with the agpropriate court of law.
SECTION 6. Pawer to Define Plotage services a7¢ Prascribe Rates The Piiotage
Commission shall nave the power to define oilotage s2rvic2s, necessary tig assistance
veiated requirments subject t) asproprare consuttations with the
e United Harbor Piiots’ Assocation 0! ‘the Philippines and the ship
agents or ship owners of vessels calling at 90°S- Tt shall also have the power 20
estaniish and adjust the prevalling retes uoward for said services based on
‘natvidua, fees and charges provieed under Executive Order No. 1088 as \
as the genevally eccepted intemmational rates on pilotage services. The factors to 22
considered in tne adjustment of rates shall inducie; ariong others tonnage, drat ar
length of vessels, peculiarity and characte"istics of che rarbo, port and distance
covered by whe service as well 2s pilotage services at nighsames ‘and during Sundays and
holideys. The retes thus determined shall take effect fifteen (15) days after publication

in aay newsoa>: eneral circulation.

wemass siall be liable for contemp: t be

e

e fier on the vessel in which

vepaid Pilotage Fees shail be considared 6 a7!
pllorage sarvices 28 defined under this Act are rendered.

SECTION 7. Compulsory Pliotage Pilo-age % ices shal! be compulsory in
government. and private wharves, berths, pieys 7 3 hovage. Evry vessel engaged in
forsicr Gade shal. be always under compuisory vilotage. Pliotage for vessels engaged in
‘domestic fade svall also be compulsory excest tn mgaged in domestic regular feTy
iding fast craft ferry vessels, Not ove 590 gross tons.

SSCTION 3, Establishment Of Harso: , There shall be Twenty

Ma-bor Piistage Districts for the @:

FOR LUZON-
Manila, Aparr, Batangas, 52°
Siain-Hondagua & Casiguran,

Femande,, Masinioc-Sta.Cruz-Sual,
‘=p| Region, Puerto >rincesa

VISAYAS
Cebu, Iloilo, Narch Panay,
Dumaguete, Maasin-Suris20

., Tecioban, Catbalogan, Tagdiiaran,

MINDANAO
Davao, Zamboenga, Jolo, Masa0,
__ General Santas (Dadiang3s}, Polk

Tigan, Cagayan De Oro,



increase or decrease the number

The Piisage Commission may Som tw tin:
Piiotege Distics as wali as the numer o° Havbo- Pilots thereof upon prior consuttation
7 Pio; Association and the concerned Harbor

and wit ne conformity of the United Harbor
Piiotage Disirict The number of pliots f phowge district shall depend on
economic viability and the need of the service
jurisdiction of each Harbor Pilotage Diszict and the

unless otherwise changed oy

The pravalling terre
imba: oF existing Harbor Pilots
2 Silorage Commission pursuant to this Act

3 Harbor Piios No person shall be a2pointed as
‘of sound ahysical and mental consition, good
Soard sea-going vessels of not less

SECTION 9. Qualification of
Harbor Piior unless he is 2 Filipino citizen,
morai ciaracter and hes been a Master Mariner a7
than 5.990 gross tons tor at leas: 5 years.

No person wno is above fifty-five (55) years 9° age shall be appointed as Harbor
Pilot.

SECTION 10. Appointment of Harbor Pio The Pilotage Cammission in
¢ cuordination with the Philippine Pocts Authority, the United Harbor

Pilots’ Acsociation of the Philippines and the ollot association concerned shall appaint the
harbor plint in each particular pilotage district.

cation of the Chief Pilot of 2 vacancy in nis Harbor Pilotage District,
the vacancy for the said Harbor

culation,

igor
tne Pilowage Commission shall cause the publication of

Piiotage Disvict at least once in 2 newspaper of ganaral ci

Master Mariners who are qualified for evalu and iicensing as Harbor Pllo7
shalt submit tneir applications at the Harbor Pitotage Diszict concerned. After pra;
evaluation and asseesmnent, the Chief Pilot and the Harbor Pitowa strict concemec:
shal! have the full discretion to choose whom to undergo os the joa taining from among
the most qualified candidates for Harbor Pilot

Every Hacbor pilot must undergo actual enc 97 the job ‘saining for et feast ninety
(90) days under the direct supervision of reguiar pilots 2° the Harbor Pilotage Disoict
and shal on'y be appointed by the Pilotage Commission pon certification of the chief

pilot of the district of his competency.

The Filotage Commission shall simultanzously issue the corresponsing clerbor
iot in @ particuiar Harbor Pilotage

icense upon his 2opointment as the Harbor



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yates not agreed by the saries 9° authorized or prescribed

ted activities through

wolvment or participation in smucait
is tarbor pilots, members or off.cers;

Failure to post the reauired performance boné or indemnity insurance;

ission without

rhay of che Pllowage Comr

{€) Refusal to submit to the auch:
adie cause.

me and during the

3) Inmxication and use of prohibited drugs at the
parformance of his duties as Harpo" Pilot.
forged documents for the purpose

2 and submission of any false o7
Appointment.

¢ obtaining the Harbor Pilot License anc/or
Code of Conduct for Harbor Pilots.

(6) Acts prejudicial to the professiona

(29) Physica! or mental impediment to rensar poxage services 28 may 2°
Seteeminee by 2 physician accraditad by “he Department of Health:

SECTION 15. Administrative Sanctions Upon oeliberate and unjustified refusal
I cy race pilot of the pilgrage organizabon to perform services, te Piletace
Commission upon recommendation of the Crist Pilot may order other duly appointed

‘ore of tha game pilotage organization to render such required servicas without
uspension oF removal of such pilot es proviciec In thls Sct, after observance

vik

Piior’s Ligbliny, A Hacbor allot licansed to act as

SECTION 16. - Limitation oF
such by the Pilotage Commission and autho:
differen: 4arpor Pilomage Districts shal! not be fa>:
of Five Hundred “Thousand Pesos (P500,000.00} for
plist!s errors, omissions, fault, or neglect in the 277%
2s may arise by reason of Sis willful misconduct or g°ess
5 Bond from the Government Service
surance Company acceptable to the
icy or for such amount as may be
she Linited Harbor Pilot Association

zed 2p provide pilotage services in
damages in excess of the amo.
amazes or loss occasioned by &
of pilotage setvices,
nagligence.

x

Each Hardo: Silats shall post an Indemini
Insurance System {GSES} or from such repusabie I
Pilotage Commission, to cover the fmit of hi
required by the Commission after consulzatio:
of the Phifippinas.

The Harbor Plist shall be free from responsisit
from the negligence of the Master and
unseaworty ness of the vessel, breakdown
majeure or Zortuitous event.

namnage, injury or death arising
of the vessel under pliowage,
vas and equipment, fo



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

First Regular Session
HOUSE BEL NO. . 4204

EEE
INTRODUCED BY CONGRESSMAN PEDRO P. ROMUALDO

EXPLANATORY NOTE

e Philippines, being an archipsiago, is home to a good number of ports, The
guesey of inter-island travel necessitates the presence of ports and adequate ‘iarbor
services, Due to the different lecrain of aur islands, our ports have diverse needs and
ire skills in the maneuver of vessels into and out of its area.

Considering the significance of the service being rendered by harbor pilots and &
Jotage organizations, there is a nced for legislation that would mandate the reg

srvision of batbar piiotage services and the conduct of harbor pilots in the
hilippimes. This measure propeses the accreditation of harbor pilots and Or
otage organizations, as well as identifies the institutions that would exere'se the
pervision and regulation over the sector.

Farthermore, this measure seeks to repeal Executive Order No. 108%
‘Seve thal it is about time that our antiquated laws in marine transportation be
éated su as to fil the present conditions of the industry.

1" pilots have long been fixtures in our ports, Withoul them, the safety
we vessels, cargoes and the lives of millions of commuters depending 92 7

nsportation may be placed in peri.

« foregoing, tive immediate passage of this measure is carnestly pe



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session.

nous prayno. 1204

INTRODUCED BY CONGRESSMAN PEDRO P. ROMUALDO

AN ACT
REGULATING BARBOR PILOTAGE SERVICES AND THE CONDUCT OF
HARBOR PILOTS EN PHILIPPINE PORTS AND FOR OTHER PURPOSES
so ir enacted by the House of Representatives and the Senate of the Philippives in
Congress assembled.

SECTION 3. Title. This Act shall be known as the “Pilotage Services Act”.

SEC. 2, Scope. This Act shall ap>ly to all harbor pilots and pilotage organizztions

providing services in all ports in the country, whether government-owned or privately

Swned. Other ports which are under the contral and supervision of other agencies or
lized government entities shail also be covered by this Act.

SEC

3. Policy und Objectives. It is hereby declared the policy af the

ssure and hasten the continuing growth and development of our ports whetaer di
nislered and maintained by the government or other private entities to enarle

‘ect the increasing demand of watar-borne commerce and to effectively serve as ¢

‘tk in the transport system of the county. Thus, one of the inherent finctions of the

pine Ports Authority (PPA) is to supervise, monitor and regulate harbor pilots and

=r pilulage services in all ports in order to achieve the following objectives:

5) To ensure safety at ull times of port facilities, vessels, passengers, cargoes and

other port users;
To ensure effective and efficient delivery of pilotage services through
qalionalization of pilotage fees and charges, and upgrading Lhe skis and
qualifications of harbor pilots: and

©) To encourage a healthy and friendiy competitive environment among er:Hies

engaged in pilotage services.

SEC. 4. Definition of Terms. For purposes of this Act, Une following terms are
ned as follows:

a) “Authority” — refers to the Philippine Ports Authority (PEA)

ers to the Maritime Industry Authority, which is the govern-aen:
s

by “MARINA™ — re
agency authorized by law to administer general and technica! exacn:natio:

jnterested persons and issue licenses to harbor pilnts



© ting. guiding or maneuvering 3 ves
of a por, or Rarbor. or Liroegh tight channels and other relatac
are necessary to the rendition and completion to such service:

aybor Pilot” — is a daly licensed master mariner tasked to efficient
“ectively perform pliolag: service within a specific area defined by MARINA
and duly aceredited by the PPA;

e) “Pliotage Organization” — is an enticy duly registered with cither Ure Securities
g2 Comnuission ar Couyerative Development Authority, the mes

i ure authorized to engage in providing or rendering pilolage services:

gnition, approval ar permission granted Ey PPA
olage

2 ~Accredilation” ~ aw: official re.
to 2 harbor pilot or pilot organization to practice or provide harbor

sorvices in a particular area for a prescribed period.

SEC. 5. Provision of Pilotage Services. Pilotage service shall be provided sither
sctly by the Aulbority or on a nonexclusive basis through accredited piloiage
snizations in government maintained or privateh-managed parts in the country.

de shall he under compulsory pilotage. «
Authority to be under optional pilotag:
pilotage-

Provided, That, the Authority shall conduct appropriate consultation with

pilctage organizations or harhor pilots, ship owners or its agents and other conesrned
government agencies in the subject area prior to declaring said port tc be under -ither

Sptional or compalsory pilotage.

ec

very vessel engaged in foreign
ied ports or areas declared Be
omestie vessels shall be under compuisoz

Provided, Further, that, the Authority shall consider the following ia
Jetermining the type af appropriate coverage for each port:
a) size and cype of vessels:
5) physical and technica! configuration of ports ineluding mooring and =~ hing
capabilities;
2) hydrographic situation af dhe harbor including ils chanmels and passageways;
navigational capabilities of each port, safety and traffic devices and other

related navigational aids;
volume of vessel traffir or average frequency of vessel arrivals and depar: t+

and
5) such other factors whici may affee: the risk of vessel movements

shail

SEC. 6. Role ond Powers of the Philippine Ports Authority. The Authozi
jprisdiction to define the nature and extent of harbor pilotage services in
tof the country. As such, the Aathozity shall exercise the following powers:

a) establish, determine and adjust rates and fees for harbor pilulage servi 1

g into account the curren? rate struciure, tonnage of vessels, peculiarity aud
tharacteristic of each port and harbor suid such other important factors:

“b) souduet regular constltstive meetings with duly, accredited

i nd duly ficensed harbor piloss ‘7. relation to improvement cf-ser ices,

ing Of pilot facilities, rate restructuring and such other related concerns;

‘:) establish pilotaye districts depending on the harbor size and range;

2) determine the number of harbor piiols needed throughout the counzry

-ensurethe efficient and fair nandiing-of aeereditation of barbor pilots;

4) cancel or suspend uzcreditation of harbur pilots for just cause, giving due
sec parties and afier proper hi

ing:
dit hazbor pilot organizations; and



suspend acetediratio: 2% harbor pilot organizations for :auses
2 Section 10 at tais 4:

(: be subject to the approval of whe Bazrd of
ays after publication in two (2) new

‘hat, rare adiusuments
iy and shail take effeer

all convened parties and invite

msulrations und hearings on rate adjusim

The Authority shall aise
cipate in the regiana! and dis

ccredited Harbor Pilots shal; have

1s. Duly

Qualification of Harbor Pi
tins:

SEC
Tolowing basic quali!

a) 2 Filipino citizen;

b) of sound physical and mental condition:

©} of good moral chazacter;

@) duly licensed by the MARENA to practice his/her profession wi
specified port or discrict; and

©) must not be mare than 55 years old at the time of taking the MARINA
examination for Harhor Pilotege for 2 particular district or port; and

1) must be duly accredited by PPA

a

SEC. 8. Accreditation of Harbor Pilots. Al harbor pilots must
itation from the Authority before it can practice its profession. The /
edit only a limited number of hacbor pilots per district or port for efficien:
spases. The accreditation will not result fo an employer-employee relationsaip
(ween Lhe Authority and the harbor pilot-applicant,

ori

Provided, That, the accreditation shall be valid for a period of not less than: one
‘sar but not more than five (5) years swbjec: to the terms and conditions that mzv >
sed Oy the Authority. The renewal of the accreditation must be based on merit and.
ss and such other conditions that may de imposed by the Authority. However. it
ve longer accept ur renew accreditation uf those already beyond the civil so=ice

calsozy retirement age.
As provided in Section 6 (Q) of this Act, the Authority shall
ion to cancel or suspend the accredization Gf any barbor pilol for just canse z
ailer proper hearing

Provided, Further, That, the Authority may appoint a duly aceredit
ewer port or distrie< on a temporary basis in the absence of a quali
The appointee must be i the ist of duly licensed harbor pil
LARINA and is familiar with the area concemed. The teuiporary appointment sk:
aiid only far a year and shalt be limited only to two (2) renewals.

C. y. Establishment and Accreditation of a Pilotaye Organization. ‘T=2
NA and Authority shall eacourege harbor pilots to organize themselves in
Son, partuership or cooperative. Said organizations must be duly register:
the Securilies and Exchange Commission or Cooperative Develapme:

a

¢ harbor pilot organizations. The cestideates shall be valid for 2 period of
char. two (2) years but not exceeding Eve (5] years. ‘The accreditation of pilot:
2s may be subject to-renewal, suspension-and cancellation by uae “a

asis of merit, Stness and compliance of mandatory safely, te

The authori!



ity a Permit
“iy shall preseril
Ne, which wnay include the

2) rool of financia? capacity;
i) proof of technical capability: and
prvot of administrative and i

PTO shail be valid up to 2 period of not less than two (2) years but not exceeding
615) Fears subject to te discret

fa parlicular, accredited ha

Provided, Furthermare, That, f

ge organization to perform its
-c9, the Authority inay hire o:her duly accredited harbor pilotage organiz:ions

ararily lake-over lhe services of tue suspended pilotage organization.

SRC. 10. Grounds for suspension or cancellation of Accreditation.
Avthorty may cancel or suspend the accreditation of harbor pilots and pi
nizations on the folowing grounds:

sa) or failure lo render eifzetive and efficient pilotage service;
) failure or refusal to observe and eomply with safety standards and
policies;
¢} gross incompetence which resulted to loss of cargoes, loss of Eves and
Gestruction of vessel and harhor properties;
2) impiementation of rates and sees without the approval of the Authority;
@) involvement or participation in legal activities such as smuggling and
trafficking passengers;
©} refusal 10 cooperale and submit to an audit called for by the Author
other government agency;
failure or refusal to post the required performance bond and other related
fees;
4h) tadlure or refusal te rem coment share of the Avthozity;
) failure to maintain the required capitalization reguirement, equipmen: 2nd
facilities that may be required in cannevtion with its avereditatian;
j) taikure to comply wilh tite substantive requirements of the Authoritys
K lure or refusal to post the required indemnity insurance; and
}) failure to comply with any of the provisions of this Act and its imptems
cules and regulations.

port

or

SHC. 11. Extent of Liability. Officezs and employees of harbor pilot org:

: responsible for the damage sustained on vessels and port facilities. Soss
36

ints
und for death or injurv to persons as a resull of its negligence and

ence. ‘The case shall be tried admixistratively by a hearing committee o
widiout prejudice to Bling ¢ agurieved parties of a case in the
‘The Hearing Committee of the Authorily shall be composed of the

a} PPA General Managet ~ Chairman;
5} Mead, Legal Division ~ Viee-Chairrnan;
Head, Port Operations ~ Member;
Por Munager- Member; ane =
ion of Eurbor Pilot Organizations of the

Member



SEC. 22. Penal arson win. willfully viotates any provisions o:
<o Us implementing roles anc regulations, shal! be penalized by imprisunmen:
“ess fan one (2) year ad not more than six (G} years, and a fine of not les :
thousand pesos (P 0,000.00) but not mare than five hundred thousand pesos (P

500.000.00) subject to the following qualifications:

a} if the offender is a juridicai enti ¢ penalty of imprisonment and fine shal!
Su: imposed upon its officers and emlovees responsible for the violations;
) it the offender is nut a Filipino national, the penalty shall be deportatio:. to his
¥ of origin afler serving his sentence and payment of appropriate fine.

pilotage services prior to the effectivity and implementation of this
1 @ period af two (2) years to comply with Scctiun # of this Act. They shat
rence aver new applicants as long as they have the substantially comple

quirements stated in this Act,

SEC. 14. Lmplementing Rules und Reguiations. The Depar
Transportation aud Communications (DOTC) as lead agency, with the coordination of
‘he Marilime Industry Authority and Philippine Ports Authority, shall promulg:te the
plementing rules and regulations o! this Act within a period of three (3) montks trom
che date of publication of this Act.

The concerned agencies shall conduct at least three (3) consultation meztings
‘ith existing harbor pilot organizations to hear their comments and concerns ca this
within a period of three (3) months from the date of publication of this Act.

SEC. 15. Repealing Clause. Executive Order No. 1088 is hereby expressly
led, Other existing laws, decrees and regulations, which are incunsist
ry to the provisious of this Act, are hereby repealed and modified according!

SEC. 16. Separability Clause. Ii any part or provision of this Act is declared as
or invalid by a court of competent Authority, the remaining provisions
‘hich are not affected shal! continve to be in full force and effect.

nape:

SEC. 17. Effecrivity Clause. This Act shall take effect fifteen (15) days af:
publication in two (2) newspapers of general circufation

Approved,



Rake Sol

Invedvere by Kanore:

EXPLANATORY NC’

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tions exceed the sompuise ratiremen: 298 1° Sarbor piists 25 provided F

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Approved.



GRESS OF THE 3
TILE PHILLPPIS
AR SESSION

HOUSE OF REPRESENTATIVES

HOUSE BIL! No. 4743

oiavive Lorenzo R. Tafiada 17

introduced by Rey

EXPLANATORY NOTE

7 mariners who have a breadth of dmowledge and experience are those
casked to become harbor pilots. This profession has been recogrized as an
integra! part of efficiency and safety of the securing and wharfing of vessels in sur
arbors. Pilotage responds to the need ot rergb master Mariners in steering their sh ps
pine ports, which they are not familiar with. Undoubtedly, their role hes
the safe navigation of ships within our territorial waters, which, in tern,

to our economy.

we have no existing laws that cover pilotage services in congruence w
Tuacionel standards and principles of the seid occupation. Such is why Congrass

enact a ecmprehensive and integrated statute that aims to respond to the needs
sarbor pilots. Furthermore, the Phil ‘pine Ports Authority (PPA), mandated wit)
esi acery powers over pllotage, has become partially irrelevant with the current coutens
of Raving us port authorities with their respective charters. These port authoriti
ae PPA aiso exercise regviercry control over harbor pilots. This is so, eve-
ex That they do not have the expiicit lezislative mandate to do such based o>

ive chart

need:

‘spose of this propused measure is to set the parameters of regulator
= she supervision of the pilotege profession. Moreover, this socks te
the conduct of harbor pilots. al! -hese shall he governed by the proposed
Pilotage Commission which shel! rationalize policied and Programs in relation to
tees in order to not oaly streai regulations, but also to ensure that
i Se applied in accordance to the rights and welfere of hazbor pilots and

Security of our ports and tervitoria! waters.

rey

to fastitutionalize prevailing
ge foes and other ch;
me work during night-time

pase of this proyosed iegi

viage sevvices, to ration:
‘ces such as tug assistance 2:

fs-Hab‘litv in the event of damage to



death and injury to persons Dy 2 vessel under pilotage, and to
he legat relations and regulatory com:rol on Harbor Pilots and pilotage
acions in al! ports of the country unde the Pilatage Commission,

ssideree , the passage of this Bii! is earnestly requested.

R. Toes

e

LOREY4O R. TANADA II
Represiyttative
4

"" District, Quezon



CONGRESS OF THE i
OF THE PHILLYPINES .
GULAR SESSION

HOUSE OF REPR:

HOUSE BILL NO.

Introduced by Representavive Larenzo R. Tafiada [IL

AN ACT
CREATING 4 HARBOR PILOTAGE COMMISSION, REGULATING HARBOR
PILOTAGE SERVICES AND THE CONDUCT OF HARBOR PILOTS IN ALL
PORTS IN THE PHILIPPINES AND FOR RELATED PURPOSES

enacred by the Senate and the House of Representatives of the Philippines in
mbled:

SECTION 4, Tisie. - This Act shall be known as the Pllotuge Service Act of 2011.

Scope. - This Act shall apply to all barbor pilots and pilotage
aviding pilotege services in all sors in the country, whether owned br

the government or private persons.

in the efficient operation of ports and she
thereiore, the policy of the state through the
ices and the conduct of

tage Commission to regulate, and supervise pilotage ser
xs in 2?! porcs in the country to attain the following objectives:

¢ the sefety of life at sea, port facilities, vessels, end their passengers and

¢ safe and efficient pilota: ¢ all times, the protection of marine
nalize charges hasad on the provisions of Executive Order

op professionalism 9! Hacbor Pilots.



SECTION 4, Definition of Terms. - For purpose of this Act, the words and p
ali, unless the contexx indieates otherwise, mean or be understood as foliow

herein sh

is a designation by the Pilovage Commission granted -o a

“Appointment”
¢ render pilotage service in a particular

‘Dor pilot to exercise his profession a
ict,

in general and to such

ity” refers to the Philippine Ports Author
cher Port Authority, under a Special Charter, and granted with jurisdic-on,
tion and management at a specific port in

o
supervision and control over port ops

2 Philippines

\© “Harbor Pilot” is a Master Mariner, who is not part of the regular complement
2 the vessel, teken on board at a particular place, is in charge of its conduct 2nd
navigation, and is duly ticensed and appointed to act as such by the Pilotage
Commission to render pilotage service within 2 specific pilotage district.

‘Non-Governmental Organization” (NGO) includes non-stock, non-profit
private organizations with proven track record or experience in the conservation,
management and protection of marine environment.

to the Pilotage Commission created under this

(e} “Pilotage Commission” refer:
Act.

ense” js the permit or license granted by Pilotage Commission to

(2) “Pilotage Li
ion and to render pilotage services in a

er Mariner to exercise his profes
‘otage district.

ig} “Pilotage Organization” is an association of Harbor Pilots duly licensed and
appoiaced by the Pilotage Commission for a particular Harbor Pilotage District as
defined in this Act.

g, navigating or maneuvering a v
, channels and estuaries, including all

“Pilotage Service” is the act of condas
mm. berth or unchorage, along
related activiues thereof,

‘nited Harbor Pilots Association of the Philippines, Inc.” (CHPAP) is
42 umbrelia national organization of ell harbor pilots of the country, du
teens: sed end a>pointed to render pilotage services in their particular pilotag.:

SECTION 5, The Pilotage Commission. ~ A Pilotage Commission is hereby cr
8 of Five {5} members, namely: che Gezeral Manager of the Philippine Par:



of the Philippine Coast Guard. the incumbent President 0
tative of a National A

‘be appointed by the President

governmental organization (GO)

the Commandant
Bor Pilots Association, 'n
ered Shipowners who
a vepresemative of recognized no:
he appointed by the Pr

dees to be submitted by the e

aid last two Sectors

a] Manager shall act as Chairman of the Pilotage Commission. The
¢ Commissior. shall be appointed by the President of the Philippines. The
Department of Transpovtation and Communications shall fix the
the members of the Pilotage Commissioners upon the
the Pilotage Commission. The Pilotage Commission is herebs d
trative control and supervision of the Secretary of the Department of

Gen

F the

pla

ansportation and Communications.

‘The presence of three members of the Commission shall constitute a quorum yor -he

s functions and the affirmative vote of at least three members shal. be a

nda binding act of the Commission. In case the chairman is absent in =ny
, the members present shall elect a temporary chairman to preside over =he

ision of aw to the contrary notwithstanding, the chairman and members of the

Aay orovision of 4
Comission shail zeceive a per diem for every meeting actually attended. The
¢ a! hold regular meetings once a rionth and in no ease shall it hold more

chan one special meeting in any month,

The per diem of the chaicman and members of the Board shall be chargeable te the
PE fery Development Trust Fund provided ip Section 18 of this Act.

sion. - The Pilotage

(a) To exercise administrative control, egulation, end supervision on pilotage end

the condact af pilots in any Port Distri

sary for the enforcement and administratior

Zopt cules and regulations ne
jorage end the conduet of pilots:

issue Herbor Pilot licenses to ptiot applicants meeting the qualifications
ou

rein set forth and such additio:

tme to dime hy the Pilotage Comm:ssio:

To uppoim duly Heensed Harho Pilots +o conduct pilotage service;

i Drogram to assist in the trai

a comprehensive trai:



sation of pilot applicants before
‘onal training requirements far
rai of continiing education on pil

imain a register of pilots. records of pilot accidents, and other history

nent to pilotage;
mine from time to time the number of pilots necessary to be licen:

iarboz Pilatage District in order ensure the operation of a sate, efficient,
tent pilotage service in eack district;

fees for pilotage services, and review the

To deermine and Aix uniform pilox
ry five (5) years thereafter; and

me ev

conduct investigations and render a report involving any marie casuatty of
vessels under pilotage, and to submit recommendations to the Secreta. of

a2 or any member of the Pijotage Commission in his absence, shal! hove
power 19 adaiinister oaths in any matter before the Commission for consideration or
inquiry aad to issue subpoenas requiring wirnesses to appear before the Commission
‘Spoenas shall be signed by a member of the Commission. A witness will ly
such subpoena served upon the witsess shall be liable for contempt to be Tied

he eppropriate court of law.

The

Power to Define Pilotage Services and Prescribe Rates. - The Pilocaze

n saali have the power to define pilotage services, necessary tug assistunze

er related requirements subject to appropriate consultations with whe

‘tives of the United Harbor Pilots’ Association of the Philippines and the sh‘
ip owners of vessels calling at ports. It shall also have the power

ish and adjust the prevailing rates upward for said services based ¢2
dua] fees and charges provided under Executive Order No. 1088 2s

tae generally accepted international rates on piJotage services. The factors to

i adjustment of rates shall include, among others tonnage, draft

's, peculiarity and characteristies of the harbor, port and distance

@ service as well as pilotage services at nighttime, and daring Sundays an=

The rates thus determined shal] zeke etiect fifteen (15) days after publicani
nera! circulation.

ge Fees shall be considered e macicime lier on the vessel in which pilotage

services as dedined under this Act are rendered
sory Pilotage. - Pilotage services shall be compulsory ir
wharves, berths, piers or anchorage. Every vessel engaged iz

SECTION 8. Comps
er: and priv



ment af Harbor Piiotage District. - There shal! be Twenty -S#:
 Coantsy, namely-

SECTION 9. Estaalis
isrbor Piiotage Districts for the ent!

(a. For Luzon: Manila, Aparri, Batangas, San Fernando, Masinloc-Sta.Cru:
iguran, Subic, Bicol Region, Puerto Princesa;
Joilo, Narth Panay, Pulupandan, Tacloban, Catbal

: Cebu, L
iiaran, Dumaguete, Maasin-Surigao;

Mindanao: Davao, Zamboanga, Jolo, Masao, Iligan, Cagayan De Oro, Geavral

stos (Dadiangas), Polloc.

The Piloaye Commission may from to time inerease or decrease the number Pilotege
as well as the number of Harbor Pilots thereof upon prior consultation and
wih che conformity of the United Harbor Pilot Association and the concerned Harhor

‘The number of pilots for each pilotage district shall depend on

Disk

ity and the need of the service.

ecmanzic

Tae prevailing territorial jurisdiction of each Harbor Pilotage District and the number of
g Harbor Pilots pez District shall remain unless otherwise changed by the Pilotage

ei
Commission pursuant to this Act,

SECTION 10. Qualification of a Harbor Pilot. - No person shall be appointed as
Harbor Pilot urless be is a Filipino citizen, of sound physical and mental conditioa,
youd moral character and has been a Master Mariner on board sea-going vessels of nat

less than 3,000 gross toms for at least 5 years.

No person whe is above fifty-five (55) years of age shali be apnointed as Harbor Pilot.

Pilots. - The Pilotage Commission in
ine Ports Authority, the United Harbcr
jo: association concerned shall uppoint

SECTION 11. Appointment of Harbor
ination with the Phi

5° Assuciation of the Philippines and the :

ar pilot in each partis i

of the Chief Pilot of a vacancy in his Harbor Pilotage District, tb:

jon shall cause the pudlicacion of the vacancy for the said Harbor
! circulation,

0

atleast once in a newspaper of gen:

4 who are qualified for evaluation and licensing as Hatbor Pilot sk:
mit their applications at the Harbor Pilotage Disirict concerned. After prope:
netion and assessment, the Chief Pilot and the Harbor Pilotage District cone
*:1| discretion to chuase whor: to undergo on the job training from a



ualified candidates for Harbor Miaz,

wr plot must nndergo actual and on. the job training for at least ninety (go)
direct supervision of reguiar pots of the Havbor Pilotage Discric: and
nted by the Mlotage Commission upon certification of the chief vilot

ue the corresponding Harbor Pilezage
License his appointment as the Harbor Pilot in a particular Harbor Pilc:age
District

inted pilot shall serve unti] he reaches the age of seventy (70) years unless he
incapacitated to perform his duties and responsibilities by reason of illne:

Pilot shall undergo an anaual physical and medical examination
accredited by the Deparrment of Health to determine his fit

1¢ dischevging his duties as Harbor Pilot.

aay

t of karbor pilots shall not create an employer-employce relationship

Dar pilot and the Pilotage Commission or the Authority, Any Har>or

2 particular pilotage district shall be subject to cancellation or suspension 1

dy tbe Pilotage Commission, as provided im Section 14 hereof, upon

‘endacion of the Chief Pilot of the said Pilotage District and the United Harbor
jon of the Philippines, and after due process.

Ie

ssion shall automatically issue a Pilot License and Appointment <0
ent and active Harbor Pilots to perform pilotage services at their
rcividual Harbor Pilotage District wherein he belongs at the time of the
tais

Retirement of Pilozs. - Harbor pilots appointed under th's
‘onsidered retired at the age of seventy (70) years.

lishment of a Pilotage Organization. - Appointed harbor pilots ina
all vegister and organize theaseh es into a Pilotage Organization, and
© members in good standing of the said Pilotage Organization for the pilot

Wi as with the United Harbor Pilo: ‘tion of the Philippines, Inc.

SECTION 14. Hurbor Pilorage District Organization. - There shall only be one Harbor
anization for every Harbor Pilotage District. Hach Harbor Pilotage

zation shall submit to the Piotage Commission its Articles 0°
ration and By Laws as well as the list of its officers end members, all of who:

Pile

r the specific pil
Act. It is the oblige!



jotage Commission <be name
jiotage district.

eS oF act as the Chie? Piio: for cht

lotage District Organization and their active and practicing Licensed
must be a member of the Umbrella Organization for Harsor
jor purposes af this Act shal) be the United Harbor Pilots’ Association of
nes, 70.

1 arbor

SECTION 15. Suspension or Cancellation of Appointment. - The appointment ¢!_a
barhar pil ter due process and investigation. may be suspended or cancelled by the

Pilotage Commission for the following causes:

‘usa! or failure to render pilotage se-vice without just or reasonable cause;

ssiigence, incompetence or inedficiency which compromises the safety of
Taciliies, vessels and their passengers and cargoes;

(e) Charging rates not agreed by the parties or authorized or preserihed by the
Piiorage Commission;

volvement or participation in smuggling or related activities through its harbor

embers or officers;

{2} Fatlure to post the required performance bond or indemnity insurance:

Fy Resusa! :0 submit to the authority of the Pilotage Commission without justifab!

nication and use of prohibited drugs at the time and during the performance

duties as Harbor Pilot;

(3 Use and submission of any false or forged documents for the purpose of
ing the Harbor Pilot License and/or Appointment;

adicia! to the professional Cod2 of Conduct for Harbor Pilots; and

Cj Physical or mental impediment to render pilotage services as may be determined
by 2 physician accredited by the Department of Health.

SECTION 16. Administrative Sanctions. - Upon deliberate and unjustified refusal o>
“bor pilot of the pilotage organization to perform services, the Pilotage
commendation of the Chis? Pilot may order other duly appointeé
“the same pilotage organization to render such required services withoxr.
jon or removal of such pilot as provided in this Act, after observance



A Harbor pilor licensed to act as such >y
wide pilotage services in the differeat
jotase Discriets shall not de liable for damages in excess of the amount of Five

tindreé Thousand Pesos (P500,000.00) for damages or loss occasioned by @ pil
Srrocs, omissions, fault, or neglect in the performance of pilotage services. except as

may aise dy reason of his willful misconduct or gross negligence.

HCIION 17. Lim!
che ?

Harbo:

jon and authorized <

- Pilow shali post an Indemnity Insurance Bond from the Governmest
surance System (GSIS) or from such reputable Insurance Company acceptabie
» Commission, to caver the limit of his liabificy or for such amount es m

je reauired by the Commission after consulation with the United Harbor Pilot

Association of the Philippines

ot shal! be free from responsibility for damage, injury or death arising
ance of the Master anc crew of dhe vessel under pilotage,
che vessel, breakdown of its machineries and equipment, force

pworchiness OF
ielite or Torcuitous event,

! boarding 2 vessel to provide pilotage services, that pilot becomes a servaxt
@] and its owner and operator. Nothing in this section exempts the vessel, is
owner, ot its operator trom liability for damage or loss occasioned by that ship to a
verson of property on the ground that (a) the ship was piloted by a duly licensed Pilot,
or (2) the damage o> ioss was occasioned by the error, omission, fault, or neglect of a
‘pilot diy licensed by the Commission.
tection of human life and property in maritime commerce und:
Jotage is declared to be in the public interest, and the limitation an?
‘on of the ability of Harbor pilots msed and authorized under this Act >
avbo> pilotage services, is necessary to such safety and protection and

Upon ect:
of the ves:

The safey and pro

deemed to be in the public interest.

Pijot on board a vessel under pilotage service shall serve as adviser of the
and at the time of his engagement in the conduct and maneuver of the
ii the vessel, its owners and agents are not relieved of -esponsibili
age caused by or to the vessel even while the vessel is unde-

‘n the event of a marine accident anc
 waich a vessel under pilotage is involved, the Pilotage Commission shal
nduct its own enquiry and investigation of the incident, and shall secure
. information and documents, needed in the further proceedings 0”
‘eluding depositions of witnesses, before a vessel involved in the
ure from port or place of inciden.

SECTION 18. Marine Accident and Casualty.



pment Trust Fund. - There shall be e:
is Act, to be administered by

An ammount ecuivaiens to Five (5% ) of the gross amount of Pilotuge Fees paid to tar:
juor Ptiors for rendering pilotage services shall be collected to establish the Pilotage
Saferr Development Trust Fund , which shal! be exclusively and solely be disbursed ai
\2 following purposes:

t
for

alletion and/or upgrading of Pilotage equipment and iacilities to conform
{ional safety standards for navigation;

wha inte:

Yevelopmenxai J.cans by way of Financial Assistance io the needs of the different

Harbor Pilotage Organizations in the several Harbor Pilotage Districts for the
on of capital equipment necessary to render pilotage services in their
ve Harbor Pilotage Districts;

for the promotion and development of maritime safety
vices 4s well as for the protection of marine environment;

(é) Pay Diems and administrative expenses of the Pilotage Commission.

nd shell be deposited at all times in only one authorized government
I: as determined by the Pilotage Commission. Any and all interests that
om shail form part of the same fund.

The Pilotege Commission shall render a quarterly report to the Secretary
d Communications of the status of the Trust Fund, including -detaii:

n be no cisbursement from the Trust Fund unless they are made pursuant to
st of expenditures duly approved by the Pilotage Commission.

‘erament share shall be levied on the gros:
e services and in the exercise 0

impositior. by way of g
derived from rendering pilotag

SECTION 20. Onerations and Funding. - To carzy out the provisions of this Act, the
United Harbor Pilots Association of the Philippines, Tac. shall initally shoulder the
amourt lion pesos. Thereafter, the Pilotage Safety Development Trust Fand
stall fra st of the administrative opevations of the Pilotage Commissior as
projects that che Pilotage Coramission shall undertake pursuany

su!

5



ion. +

SECTION 21. Fenai
965.90) nor more than Two

‘t for a periad of not tess th
¢ and imprisonment, at the di
forage services without license and appointment

jor of the court, shall be imposed spe!

erson who shall render
ne Pilotage Commission:
person who represents Bimsel! as a Harbor Pilot for a particular Pijotage
ct without being a member of the Pilotage Organization for the sei
cular Harbor Pilotage Distri

son who shall give any false or forged documents for the purpose of
3 ing the Harbor Pilot License anc ‘or Appointment;

ey person who shall use an expired, revoked and/or suspended Harbor Pilot
License or Appointment to perform piloiage services;

rv person wha shall assume, use or advertise the title of a Harbor Pilot uncer
name, or any description to convey the impression that he is an active and
‘y Licensed Harbor Pilot without holding a valid Harbor Pilot License and
Appointment issued by the Pilotage Commission.

SECTION 22. Implementing Rules and Regulations. - The Pilotage Commission is
hereby authorized to promulgate the appropriate rules and regulation based on
admizaty laws and practices for the proper implementation of this Act, in consultation
with tse United Harbor Pilots’ Association of the Philippines, and with she
lippine Registered shipping companics.

SECTION 23. Repeating Clause. - All other iaws, decrees, orders, rules and regulations
ereo! inconsistent with or contrary to the provisions of this Act are hereby

repealed or modified accordingly.
24. Transitory Provision. — The existing Port Authority granted by law to

sion and regulation of Pilotage and the conduct of Harbor Pitots shall
cil such ime that the Pilotage Commission shall be

per
ietion ia the interim =
ig Act.

SECTION 25. Separability Clause. - If any part o- provision of this Act is declared es
~rioral or invalid by a court of competent jurisdiction, the other parts c>
ich ave not a4fected thereby. shall concinue to be in full force and effect.

festivity Clause. - This Act shali cake effect fifteen (25) days after

eotivi
ieast two (2) nationa! new er of general circulation.

16



Republic ofthe Philippines

House of Representatines

Curso City, Aten Mnsibe

HON. JOCELYN S. LIMKAICHONG
Reprasantative, 1st District, Negros Onenta!
Chairperson, Committee on Appropriations

January 22, 2013

HON. ROGER G. MERCADO:

Chairperson

Committee on Transportation

Dear Chairperson Mercado:

Please be informed that the Committee oa Appropriations in its meeting held today at
Conference Rooms 14 & 15, Ramon V. Mitra Building, approved to report out the
Substitute Bill to House Bill Nos. 296, 1204, 4652 and 4743, titled “AN ACT
REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF
HARBOR PILOTS IN ALL PORTS IN THE PHILIPPINES, REORGANIZING
PORT AUTHORITIES AND FOR OTHER PURPOSES” with the following

amendments:

a.

On Section 5, page 3, lines 13 to 16, delete the entire provision
and in lieu thereof, substitute the following:

SEC. 5. THE PILOTAGE COMMITTEE. EACH

AUTHORITY, UNDER THE SUPERVISION OF THE SECRETARY
OF THE DEPARTMERT OF TRANSPORTATION AND

COMMUNICATIONS (DOTC), IS MANDATED TO CREATE A
PILOTAGE COMMITTEE. SUBJECT TO THE APPROVAL OF

PILOTAGE SERVICES, INCLUDING THE ESTABLISHMENT OF
RATES IN PORTS UNDER ITS JURISDICTION,

On Section 6, page 4, lines 25 to 26, delete the entire sentence
starting with article “The” and ending with the word “Committee”.

On the same Section and page, line 33, delete the phrase “Any
provision of law to the contrary notwithstanding” and capitalize
the first letter of the word “the”.



d. On the same Section and page, line 34, between the word
“attended” and the punctuation mark period (.), insert the phrase
AT RATES APPROVED BY THE DEPARTMENT OF BUDGET
AND MANAGEMENT PURSUANT TO EXISTING LAWS AND

REGULATIONS.

On the same Section, page 5, line 3, between the article “The” and
the phrase “per diem*, delete the phrase “compensation,
allowances and”.

On Section 16, page 8, lines 9 to 34 and page 9, lines 1 to 4,
delete the entire Section and in lieu thereof substitute the

following:

SEC. 16. PILOTAGE SAFETY DEVELOPMENT TRUST
FUND. THERE IS HEREBY ESTABLISHED A TRUST FUND TO
BE KNOWN AS THE PILOTAGE SAFETY DEVELOPMENT
TRUST FUND (PSDTF), TO BE ADMINISTERED BY THE
PILOTAGE COMMITTEE CONCERNED IN ACCORDANCE WITH
EXISTING GOVERNMERT ACCOUNTING AND AUDITING RULES

AND REGULATIONS.

AN AMOUNT EQUIVALENT TO FIVE (5%) OF THE GROSS
AMOUNT OF PILOTAGE FEES PAID TO THE HARBOR PILOTS
FOR RENDERING PILOTAGE SERVICES SHALL BE
COLLECTED TO ESTABLISH THE PSDTF. THE FUND SHALL
BE DEPOSITED AS TRUST RECEIPTS IN THE NATIONAL
‘TREASURY AND SHALL BE DISBURSED AND UTILIZED FOR
‘THE FOLLOWING PURPOSES:

A) INSTALLATION AND/OR UPGRADING OF PILOTAGE
EQUIPMENT AND FACILITIES TO CONFORM WITH
INTERNATIONAL SAFETY STANDARDS FOR
NAVIGATION;

B) DEVELOPMERTAL LOANS FOR THE ACQUISITION
OF CAPITAL EQUIPMENT NECESSARY TO RENDER
PILOTAGE SERVICES IN THE RESPECTIVE HARBOR
PILOTAGE DISTRICTS;

C) SUCH OTHER PROJECTS FOR THE PROMOTION
AND DEVELOPMENT OF MARITIME SAFETY
INVOLVING PILOTAGE SERVICES AS WELL AS FOR
THE PROTECTION OF MARINE ENVIRONMENT; AND

D) ADMINISTRATIVE EXPENSES OF THE PILOTAGE
COMMITTEE.


EXCEPT FOR THE PAYMENT OF PER DIEMS, THE
TRUST FUND SHALL NOT BE USED TO FUND OTHER
PERSONAL SERVICES EXPENDITURES AND ACQUISITION OF
MOTOR VEHICLES.

THE PILOTAGE COMMITTEES SHALL RENDER A
QUARTERLY REPORT TO THE SECRETARY OF
TRANSPORTATION AND COMMUNICATIONS OF THE STATUS
OF THE PSDTF, INCLUDING THE DETAILED DISBURSEMENTS
THEREFROM.

NO DISBURSEMENTS FROM THE PSDTF SHALL BE
MADE UNLESS IN ACCORDANCE WITH THE PROGRAM OF
WORK AND EXPENDITURES DULY APPROVED BY THE
PILOTAGE COMMITTEE CONCERNED.

EXCEPT AS PROVIDED IN THE IMMEDIATELY
SUCCEEDING SECTION, NO OTHER CHARGES OR
IMPOSITION BY WAY OF GOVERNMENT SHARE SHALL BE
LEVIED ON THE GROSS INCOME OF HARBOR PILOTS
DERIVED FROM RENDERING PILOTAGE SERVICES AND IN
THE EXERCISE OF THEIR PROFESSION AS HARBOR PILOTS.

‘ted that the year “2012” in the short title of

It is likewise sug
1, line 2) be changed to 2013,

the bill (Section 1

JOCELYN 8. LIMKAICHONG
ce: Rep. Roilo S. Golez
Rep. Pedro P. Romualdo

Rep. Lorenzo R. Tafiada IT
Rep. Philip A. Pichay