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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 1101

Introduced by Representative Ron P. Salo

EXPLANATORY NOTE

Transportation plays an essential role in the economic development of a
country. An efficient, safe, and reliable transport system is generally acknowledged

as a necessary precondition for the full participation of remote communities in
national development.

However, according to the World Health Organization (WHO), about 1.25
million people die annually because of transport accidents. Around 10,000 deaths
occur in the Philippines annually, with road accidents comprising the highest
number. There is a need to improve the safety standards in all forms of
transportation in order for these accidents to be minimized, if not outright prevented.

Developed countries like the USA, Canada, Japan, United Kingdom, and
Australia have created independent and separate bodies that handle civil
transportation investigations in their respective countries. The most important output

of these transportation bodies are the safety recommendations that help prevent
these accidents in the future

This bill seeks to create the Philippine Transportation Safety Board (PTSB)
which shall conduct a thorough and impartial investigation of accidents relating to
transportation for purposes of creating improved safety standards that may minimize
if not prevent, occurrences of such accidents in the future. It is necessary to have an
independent body that will provide safety measures and recommendations to ensure
the safety of the public

In view of the foregoing, the approval of this bill is urgently sought

Wy

RON P. SALO
KABAYAN Partylist

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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._ 1403

Introduced by Representative Ron P. Salo

AN ACT
ESTABLISHING THE PHILIPPINE TRANSPORTATION SAFETY BOARD,
DEFINING ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS
THEREFOR

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

ARTICLE|
GENERAL PROVISIONS

SECTION 1. Short Tit
Transportation Safety Board Act.”

This Act shall be known as the “Philippine

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

Consistent with this policy, the State recognizes the importance of preventing
transportation accidents thereby saving lives and property. Towards this end, there
shall be established a government agency tasked with promoting safety and
efficiency in the transportation of people, property and goods, and conducting
investigations to determine the cause of transportation accidents

ARTICLE I
CREATION

SEC. 3.Philippine Transportation Safety Board. — There is hereby created
a Philippine Transportation Safety Board (PTSB), an independent and a non-
regulatory agency under the Office of the President The PTSB shall develop
appropriate safety standards to be followed and implemented by concerned
agencies,

It shall have the following objectives:

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a) Improve transportation safety measures in order to prevent
transportation accidents and mitigate dangers to human lives and property
and

b) _ Ensure the implementation of transportation safety standards.

The PTSB shall be the primary government body that shall investigate and
determine the facts, conditions, circumstances and the causes of any major or fatal
air, maritime, and land transportation accident, or threat of a major or fatal air,
maritime, or rail accident.

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

‘A major or fatal transportation accident shall include:

a) _ Capsizing or grounding of a ship or marine vessel;
b) Collision of ships or vessels;

©) _ Air crash or collision of aircrafts;

4) — Overshooting or emergency landing of an aircraft:

) Vehicular crash or collision of motor vehicles; and

f) Derailment of trains

The jurisdiction of the PTSB shall extend to any similar accident or incident
with alarming magnitude such as

a) Contamination of air or water due to pipe leakage; and
b) Failure or defect of transportation infrastructure facilities

Accidents involving aircrafts, vessels, and vehicles operated by the Armed
Forces of the Philippines (AFP), or occurring within military sites in the Philippines, or
those involving solely aircrafts, vessels and vehicles of the armed forces of any
foreign country occurring in the Philippines shall be the responsibility of the AFP

SEC. 5. Powers and functions of the PTSB. —The PTSB shall have the
following powers and functions:

a) Evaluate and harmonize transportation safety standards with
international safety standards of applicable conventions, treaties, and best
practices in transportation safety including those developed by
transportation agencies, and recommend its implementation to all sectors
of Philippine transportation;

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b) Conduct hearings and investigations concerning any major or fatal
transportation accident, and conduct special studies on matters pertaining
to safety in transportation: Provided, That the Board shall not be
prevented from making further inquiries on accidents subject of past
investigations and shall require the investigating bodies to submit the
pertinent records, reports, findings and recommendations: Provided
further, That other agencies mandated to investigate concurrently such
accidents shall coordinate with, cooperate with and extend its full support
to the Board during the conduct of investigation;

©) Require the involvement or collaboration of the members of the
academe and the non-government organizations in investigations
requiring their expertise and knowledge;

d) Recommend to the concerned government agencies and private
organizations the adoption of transportation safety standards and
measures that will improve transportation safety;

) Prepare written reports regarding its investigations and special
studies, including the findings and safety recommendations thereon and
make such reports available to the public; and :
f) Assess and evaluate the techniques and methods of accident
investigation and prepare and publish from time to time the recommended
procedures for accident investigations.

ARTICLE Ill
ORGANIZATION

SEC. 6.Composition, Qualifications, and Appointment of the Members of
the Governing Board. —The governing Board, hereinafter referred to as the Board
shall be composed of five (5) full-time members, including a Chairperson. All the
members of the Board shall have extensive training and experience in their
respective transportation fields and each must have adequate knowledge in
investigation, analysis, and evaluation of transportation accidents, particularly in the
field of accident reconstruction, safety engineering, or transportation safety.

The members shall be Filipino citizens and residents of the Philippines, at
least thirty-five (35) years of age, and persons of good moral character.
unquestionable integrity, and recognized probity and competence.

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

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

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SEC. 7.Term of Office. All members shall have a fixed term of six (6) years
Of those first appointed, the Chairperson shall hold office for six (6) years, two (2)
members shall hold office for four (4) years and the remaining two (2) members shall
hold office for two (2) years. Upon the expiration of one’s term of office, the member
‘shall continue to serve until a successor is appointed and qualified. Appointment to
any vacancy shall be only for the unexpired term of the predecessor. Such vacancy
shall be filled within sixty (60) days from the date of its occurrence.

SEC. 8. Powers and Functions of the Governing Board. — The powers and
functions of the PTSB shall be vested in and exercised by the Board

The Board shall have the following powers and functions:

a) Cite for contempt any person for refusing to obey a subpoena, an order,
or an inspection notice of the Board;

b) Authorize any of its officers or officials to enter any property where a
transportation accident has occurred, or where wreckage is found, or where
any such accident is located, and conduct a proper investigation thereon. The
authorized officer or official may inspect, at a reasonable time, records, files,
processes, controls and facilities relevant to the investigation of such
accident. Each inspection shall be commenced and completed with
reasonable promptness and the results thereof shall be made available to the
concerned parties;

©) Enter into contracts or agreements with any person or entity as may be
necessary in the conduct of its powers and functions, including the
‘employment of experts on accidents under investigation;

d) Use, when appropriate, available services, equipment, personnel and
facilities of the other agencies and instrumentalities of the government in the
conduct of its investigation;

) Establish and maintain an adequately staffed laboratory and ancillary
facilities for the purpose of examining evidence obtained during the course of
its investigation;

f) Create advisory committees composed of qualified private citizens and
government officials as may be necessary or appropriate;

9) Authorize an autopsy to be performed and the conduct of other tests
when necessary to investigate an accident: Provided, That local or national
laws protecting religious beliefs related to autopsies shall be observed to the
extent that will meet the requirements of a proper investigation: Provided,
further, That the Board shall be provided with a copy, free of charge, of any
autopsy report performed by a national or local authority;

h) Require government agencies and persons engaged in transportation
services to submit a written report with respect to any matter pertinent to

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transportation safety, such report to be submitted within a reasonable period
of time as may be determined by the PTSB;

i) Promulgate, in coordination with the relevant law enforcement and
investigating agencies, the necessary protocols in the conduct of its
investigations;

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

k) Accept voluntary and uncompensated services, gifts or donations
notwithstanding any other provision of law to the contrary

SEC. 9. Chairperson; Duties and Powers. — The Chairperson shall be the
chief executive and administrative officer of the PTSB. The Chairperson shall

a) Administer oaths, sign and issue subpoena duces tecum or subpoena ad
testificandum which may be served by any officer, personnel or employee of
the PTSB as designated by the Chairperson;

b) Execute the policies, decisions, orders, and resolutions approved by the
Board;

©) _ Direct and supervise the operations and internal administration of the
PTSB, including enforcement of disciplinary actions;

d) Sign appointments, make temporary assignments, rotate and transfer of
personnel in accordance with law;

) Prepare the annual budget of the PTSB for approval by the Board;
f) Supervise the expenditures of the PTSB;

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

h) Perform such other functions as may be authorized by the Board

SEC. 10. Quorum. — The presence of at least three (3) members shall
constitute a quorum and the majority vote of members present shall be necessary for
the adoption of any rule, ruling, order, resolution, decision or other acts of the Board

SEC. 11. Compensation. - The salary of the Chairperson and the members
of the Board shall be the same as those of the Chairperson and members of the
different Constitutional Commissions. They shall be entitled to representation and
transportation allowances under existing laws.

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SEC. 12. Offices of the PTSB. — For the proper management and effective

implementation of the objectives of the PTSB, the following offices are hereby
established:

a) Office of the Executive Director. - The PTSB shall have an Executive
Director who shall be appointed by the President of the Philippines upon
recommendation of the Board. The Executive Director must be at least thirty-
five (35) years of age at the time of appointment, a member of the Philippine
bar, and engaged in the practice of law for at least ten (10) years prior to the
date of appointment. The appointee must not have been a candidate for any
elective position in the elections immediately preceding the appointment.

The Executive Director shall assist the Chairperson in the discharge of the
latter's functions as executive and administrative head of the Board and be
responsible for the day-to-day management of the PTSB; record and report
the proceedings of the Board; act as custodian of records, maps, profiles,
reports, and other documents filed in connection with any case or
proceedings before the PTSB; supervise the PTSB laboratory; and, perform
such other functions as may be assigned by the Chairperson or the Board

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

©) Office of Maritime Safety. - The Office of Maritime Safety shall conduct
investigations of all maritime accidents and submit the corresponding reports
and necessary transportation safety recommendations to the Board

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

) _ Office of Transportation Safety Standards. — The Office of Transportation
Safety Standards shall prescribe safety standards in all transportation
systems; establish and update transportation safety standards through
continuing research and in-depth studies; and oversee the implementation of
the safety recommendations program of the PTSB.

f) Office of Research and Engineering. — The Office of Research and
Engineering shall provide technical advice and services to the PTSB; conduct
research and carry out analytical studies and tests on all aspects of the
PTSB's transportation accident investigation, accident prevention, and safety
promotion activities; conduct safety studies on specific safety issues; perform
statistical analyses of transportation accident and incident data; maintain
archival records of the PTSB's accident investigation and safety promotion
activities; and, support the PTSB's data processing, computing and
information management requirements.

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9) _ Office of the General Counsel. - The Office of the General Counsel shall
provide legal advice and assistance to the PTSB and its officers, personnel
and employees; prepare rules, opinions and orders; and represent the PTSB
in court actions and other proceedings.

h) Office of Public Affairs. - The Office of Public Affairs shall provide the
general public, including Congress and the national agencies, the
transportation industry, and the media with current and accurate information
concerning the activities, programs and objectives of the PTSB.

i) Administration Office. — The Administration Office shall provide
administrative support in the following aspects: budget; accounting and audit;
human resource management; information and automatic data processing
management; property, space, communications, facilities and transportation
management, and, printing, publications, correspondence, procurement,
contracting, and accident inquiry services.

SEC. 13. Personnel. — Subject to civil service laws, rules and regulations,
and the approval of the Department of Budget and Management, the Board shall
determine its own staffing pattern and the number of personnel of the organization.
The Board shall, in accordance with existing laws and policies, select, appoint
employ, and fix the compensation of such officers and employees, including
investigators, and attorneys, as may be necessary to carry out its powers and duties

SEC. 14. Prohibited Interests. — The Chairperson, members of the Board,
officers, and employees shall not, during their tenure, hold any other office or
employment. Neither shall they engage in the practice of any profession or in the
active management or control of any business which, in any way, may be affected
by the functions of their office, nor shall they be financially interested, directly or
indirectly, in any contract with, or in any franchise or privilege granted by the
government and its subdivisions, agencies or instrumentalities, including
government-owned or controlled corporations or their subsidiaries. They shall
directly avoid conflict of interest in the conduct of their office

No spouse or relative by consanguinity or affinity within the fourth civil degree
and no law, business, or professional partner, or associate of the Chairperson or
members may appear as counsel or agent on any matter pending before the Board
or transact business directly or indirectly therewith.

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

Any violation of this section shall be a ground for removal from the PTSB as
well as administrative, civil, or criminal prosecution under applicable laws.

SEC. 15. Recommendations of the Board. — The Board shall submit its

recommendation on transportation safety to appropriate government agencies which

shall respond formally and in writing not later than thirty (30) days after receipt

thereof. The failure on the part of the concerned agency to abide by the

recommendation of the Board without any justifiable reason shall be a ground for
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administrative liability of the head of the agency or concemed official including other
penalties as provided under existing laws.

The Board shall recommend to the appropriate government agencies the
recall of defective means of transportation and to cause the installation of the
required part or parts to make those safe and notify not only the distributor or
purchaser but also the public of such defect. It shall also recommend the grounding
of any defective means of transportation pending the investigation of the cause or
nature of its defect. Moreover, the Board may also recommend the denial,
amendment, modification, suspension, or revocation of a certificate of public
convenience, registration or franchise of the shipping, air transport, or land transport
company if found negligent, as well as the suspension or revocation of their license
to operate, as the case may be.

In its report, the Board shall include the accountabilities of officials and
employees of regulatory transport agencies who fail to properly implement the
transportation safety standards provided under pertinent or applicable conventions,
treaties, laws, rules and regulations.

SEC. 16. Disclosure, Availability, and Use of Information. —

a) Except as provided in this section, any copy of record, information or report
of investigation submitted to the PTSB shall be made available to the public upon
request and payment of reasonable cost;

b) The Board shall not make the records available for purposes other than
accident or incident investigation, unless the appropriate authority for the
administration of justice determines that their disclosure outweighs the adverse
domestic and international impact;

c) The Board shall not disclose any information related to a trade secret
except
1) To another department, agency, or instrumentality of the national
government, when requested for official use;

2) To a committee of Congress having jurisdiction over the subject
matter to which the investigation is related, when requested by that
committee;

3) _ In a judicial proceeding under a court order that preserves the
confidentiality of the information without impairing the proceeding; and

4) To the public: Provided, That such disclosure shall be for the
protection of public health and safety: Provided, further, That the
disclosure shall be made in a manner designed to protect and preserve its
confidentiality

d) The Board shall not publicly disclose any part of a cockpit voice recording

or transcript of oral communications by and between flight crew members and

ground station related to an accident or incident investigated by the PTSB: Provided,
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That the PTSB shall make public any part of the transcript that it deems relevant to
the said accident or incident:

1) When the PTSB holds a public hearing on the accident or incident; or
2) When the PTSB makes public its findings relative to the said
accident or incident.

e) Except as provided in Section 16 (b) of this Act, the Board shall maintain
the confidentiality of, and exempt from disclosure:

1) Laboratory records provided to the Board; and

2) Medical information related to the test or a review of the test
voluntarily provided to the Board by the tested officer or employee.

f) The Board may use a laboratory record of a person made available to it
under this Act to develop an evidentiary record in its investigation of an accident or
incident where the fitness of such person is at issue.

SEC. 17. Non-admissibility as Evidence. — No part of a report of the PTSB
related to a transportation accident investigation may be admitted into evidence or
used in a civil action for damages resulting from a matter mentioned in the report.
Furthermore, the PTSB shall have immunity from suits arising from its investigation
pronouncements, and findings.

ARTICLE IV
MISCELLANEOUS PROVISIONS

‘SEC. 18.Relationship with Other Government Agencies.—

a) Nothing in this Act shall deprive other government agencies from performing
their intrinsic functions, including the investigation of accidents or making inquiries
thereon: Provided, That the PTSB, at its discretion, may require the submission of
the records, findings, and recommendations of the investigation or inquiry. For this
purpose, the agency concerned shall transmit to the PTSB, within fifteen (15) days
from receipt thereof, said records, findings, and/or recommendations;

b) In the exercise of its powers, the PTSB shall take into consideration the
provisions of any treaty entered into by the Republic of the Philippines with other

countries relative to the investigation of accidents over which the PTSB assumed
jurisdiction

SEC. 19.Annual Report. - The PTSB shall submit to both Houses of
Congress an annual report at the end of each year.

SEC. 20. Privacy Protection. — Nothing in this Act shall be construed as

weakening the protections mandated under Republic Act No. 10173, otherwise
known as the “Data Privacy Act of 2012.”

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SEC. 21. Seal. - The PTSB shall have a seal which shall be officially
recognized.

ARTICLE V
FINAL PROVISIONS

SEC. 22. Transportation Safety Fund. —

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

1) Savings from the annual operating expenses of the PTSB; and

2)Monetary donations and gifts received by the PTSB under Section 8of
this Act.

b) Subject to the usual accounting and auditing rules and regulations, the
Fund shall be used exclusively for the following purposes:

1) Operational expenses in investigating transportation accidents;
2) Studies and research on transportation safety;

3)Reimbursement of extraordinary expenditures and expenses of
government and private agencies and persons mobilized by the Board in
investigating transportation accidents; and

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

SEC. 23. Appropriations. The amount of Thirty million pesos
(P30,000,000.00) is appropriated to finance the operation of the PTSB for the first
year out of the funds of the National Treasury not otherwise appropriated
Thereafter, such amounts as may be necessary and sufficient to finance its
operations and activities shall be included in the annual General Appropriations Act.

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

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

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

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.

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