Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HousE*BiLt No. 4259

Introduced by Honorable ARNULFO F, GO

EXPLANATORY NOTE

Transportation has and always will be the life blood of any nation, and
the Philippines is no exception. Transportation's role in the country is made
more important considering our nation's archipelagic nature. One has to
consider inter and intra movement of goods, services and people between
and among islands. And also to be considered are movements from our
country to another country and vice versa. Transportation is so vital in our
country’s growth that it needs to be safeguarded against internal or external
threats

This security concern for our transportation sector is even made more
prominent in the light of various acts of lawlessness or terroristic activities in
Mindanao. The unabated movement of unlawful elements and activities make
it appear that our security is almost non-existent. If a stronger and more
comprehensive security structure is in place, these movements can be
minimized if not eliminated.

Our country is signatory to various international conventions with
regards to transportation security which is why our security structure needs to
be upgraded and improved to international standards

!tis in this light that this bill is earnestly sought to be passed as this will
address the need to integrate various security plans from different agencies,
make more accountable the office that handles security concems and ensure
the safety of our people

Thus, the creation of the Philippine Transportation Security Authority
(PTSA) is urgently prayed.

Rep. FOF. GO
2™ District, SWtar\Kudarat



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4259

Introduced by Honorable ARNULFO F. GO

AN ACT
PROVIDING FOR A COMPREHENSIVE TRANSPORTATION
SECURITYPROGRAM, CRIMINALIZING ACTS OF UNLAWFUL
INTERFERENCES IN THE TRANSPORTATION SYSTEM, CREATING
FOR THE PURPOSE THE PHILIPPINE TRANSPORTATION
SECURITY AUTHORITY (PTSA), DEFINING ITS POWERS AND
FUNCTIONS AND APPROPRIATING FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives in Congress of the
Philippines assembled:
Title |
General Provision
SEC. 1, Short Title. - This Act shall be known as the ‘Philippine
Transportation Security Act of 2013"
SEC. 2. Declaration of Policy. ~ It is hereby declared to be the policy

of the State to recognize the vital role of public transportation and commerce
in nation building and in the promotion of international and domestic trade
relations for economic growth and comity among nations. For this purpose.
the State, in preserving and protecting the rights of its people to a secured
public transport system. hereby supports and promotes the instaliation and
implementation of a consolidated transportation security management to
improve and maintain an effective mode of air, land and water transportation

systems in full compliance with the international standards and practices


likewise fostering state of the art security measures in the country’s
transportation systems.

SEC. 3,Compliance with International Conventions, - As member
of the community of nations and signatory state to international conventions,
the Philippines shall dutifully comply with the provisions of the transportation
security administration in Maritime travel under International Maritime
Organization (MO) as stated in Chapter XI-2-Regulation 1, Definitions No. 1
and 4 of the International Ship and Port Facility Security Code (ISPS CODE)
and in Civil Aviation under Chapter 3 (3.1.2) of Annex 17 of the International
Civil Aviation Organization (ICAO)

Title Il
Unlawful Interference, Others

SEC. 4.Prohibited Acts, - The following acts and omissions shall be
considered prohibited acts

a) Unlawful interference which refers to acts or omissions that
breach the security or interfere with the efficient, smooth and regular
operation of transportation systems, ports, airports. terminals, services or
facilities, thereby causing death, physical injury. damage to, or loss of
property,

b) Providing material, financial or moral support in aid of unlawful
interference in a public transport service, facility or system except in the
furtherance of legitimate protest, grievance or advocacy

c) Malicious reporting of incident or releasing. without authority,
any classified transport security information, which may jeopardize the

security of public transportation systems in the Philippines


d) Failure or refusal to implement transportation security
regulations in a public transport system as required by this Act

e) Abuse the use of public transport franchise. permit and other
certificates of public convenience; and

f) Failure or refusal to disclose, or report information concerning
breach in transportation security.

SEC. 5, Penal Provisions. - a) The penalty of imprisonment of six
(6) years and one (1) day to twelve (12) years and one (1) day and a fine
ranging from Fifty thousand pesos (P50,000.00) to Five hundred thousand
pesos (P500,000,00) shall be imposed upon any person or group of persons
who shall violate Section 4(a) of this Act.

The penalty of imprisonment of six (6) months and one (1) day to six
(6) years and one (1) day and a fine ranging from Twenty thousand pesos
(P20,000.00) to Three hundred thousand pesos (P300,000.00) shall be
imposed upon any person who shall violate Section 4(b). (c), (d), (e) and (f) of
this Act

Title Ill- Creation of the
Philippine Transportation Security Authority (PTSA)

SEC 6.The Philippine Transportation Security Administration
(PTSA) and mandate. - There is hereby created an administrative body to be
known as the Philippine Transportation Security Administration (PTSA),
hereinafter referred as the singular supreme authority to implement the
national transportation security program under this act. It is an agency
attached to the Department of Transportation and Communications (DOTC).

exercising the following mandate:


a) It shall secure, safeguard and protect all modes of air, land and
water transportation in the country as a law enforcement agency’

b) Render reciprocal support, assistance and coordination with the
Civil Aeronautics Board (CAB), the Air Transportation Office (ATO). Philippine
Ports Authority (PPA), Maritime Industry Authority (MARINA), Subic Bay
Metropolitan Authority (SBMA), Cebu Ports Authority (CPA), Bases
Conversion Development Authority (BCDA), Philippine Veterans Investment
and Development Corporation (PHIVIDEC), Land Transportation Office (LTO),
Land Transportation Franchising Regulatory Board (LTFRB), Philippine
National Police-Aviation Security Group (PNP-ASG), Maritime Group (PNP-
MARIG), Traffic Management Group (PNP-TMG), Armed Forces of the
Philippines (AFP), Philippine Coast Guard (PCG), Airport Police (AP)
Customs Police (CP), Metro Manila Development Authority (MMDA), Light
Rail Transit Authority (LRTA), Philippine National Railways (PNR), Metro Rail
Transit (MRT 3 Office), Autonomous Region for Muslim Mindanao (ARMM)
and such other agencies related to transportation security

c) Formulate, develop, issue and implement security standards,
security regulations and measures, international protocol, procedures
practices and policies including universally accepted standards for the
prevention of security risks and incidents; and

d) Collect fees and impose fines for the prevention of
transportation security risk/incident and for the protection and security of
passengers, crews, cargoes, baggage, personnel. transportation facilities.
infrastructures and such other incidents of transportation security.

SEC. 7. Powers and Functions. — The PTSA shall have the following

powers and functions.


a) As a law enforcement agency, it shall likewise exercise
supervision, control and regulations over all law enforcement and security
agencies engaged in providing transportation security service and over all
matters involving transportation security risks and for this purpose, coordinate
with the Philippine National Police and other law enforcement agencies.

b) Ensure safe and efficient security measures exercised by the
different government agencies involved in transportation services, including
but not limited to, the inspection of passengers, baggage and cargoes as well
as the hiring and training of personnel in security screening, inspection,
verification and audit;

c) Determine tariffs, fares, rates, charges, and fees as it may deem
necessary for air, land and water transport security services and prescribe the
manner by which fees shall be paid and collected, subject to the provisions of
this Act, notwithstanding any laws to the contrary

d) Formulate a comprehensive and consolidated transportation
security management program and renew and update the same annually in
coordination with other government agencies concerned

e) Promulgate and issue rules and regulations governing the
technical, economic, and security aspects of the transport system for the
security, safety, benefit and interest of the public,

f) Prepare and adopt a comprehensive and separate (air, land and
water) National Transport Security Program, likewise prescribing rules and
regulations for the issuance of security access pass and the determination of
levels of security clearance for all air, land and water transportation facilities

and infrastructures

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g) Conduct the investigation ofany unlawful act of interference
against public transportation system, facilities and infrastructures, and file &
litigate appropriate charges related thereto and effect the arrest of offenders in
accordance with law.

h) Acquire, purchase, own, administer, lease, mortgage, sell
encumber or otherwise dispose of personal and real properties. equipment,
property rights and interest therein:

i) Sue and be sued in its corporate name

j) Procure, own and carry firearms and issue mission orders
thereon, subject to existing laws rules and regulations,

k) Determine the organizational structure of the Authority, establish
a human resources management system based on merit and fitness, and
adopt a rational compensation and benefit scheme

1) Receive and assess intelligence information related to transport
security threats;

m) Develop policies, plans and strategies against transportation
security threats and ensure the enforcement of national transportation security
programs for all air, land and maritime transportation systems in the
Philippines; and

n) Perform such other functions necessary to effectively carry out
the provisions of this Act.

SEC. 8. National Transportation Security Committee (NTSC). ~
There is hereby created a National Transportation Security Committee
composed of the following: The Secretary of The Department of
Transportation & Communication as Chairman: The Secretary of the

Department of Interior & Local government as Co-Chairman: The Secretary of


ea)

the Department of Public Works and Highways: The undersecretary &
Administrator of PTSA as Vice-Chairman and the following as members; Asst.
Secretary, Air Transport Office; Assistant Secretary, Land Transportation
Office: General Manager, Manila International Airport Authority) General
Manager, Cebu International Airport Authority: General Manager, Subic Bay
International Airport Authority; General Manager, Clark International Airport
Authority; Chairman, Metro Manila Development Authority (MMDA);
Chairman, LTFRB; Director, PNP-TMG; General Manager, Philippine National
Railways (PNR); Administrator, Light Rail Train Authority (LRTA); GM, Metro-
Rail Train Authority (MRTA); GM, PPA, Executive Director, Toll Regulatory
Board; Commandant, Phil Coast Guard; GM, MARINA: GM, Phil. Ports
Authority; GM, Cebu Port Authority, Flag Officer In Command, Philippine
Navy; Commissioner Bureau of Immigration; Commissioner, Bureau of
Customs; Director General, National Intelligence Coordinating Agency, Group
Commander, Presidential Security Group

SEC. 9.Duties of the NTSC. - The NTSC shall have the following
specific duties

a) Define and allocate tasks and coordinate activities among the
agencies of the government, airport authorities, aircraft operators and other
entities concerned with or responsible for the implementation of the various
aspect of transportation security administration

b) Coordinate security activities among the agencies of the
government, airport and seaport authorities, aircraft and sea-craft operators
terminals and bus & train operators or entities concerned with or responsible

for the implementation of the National Transportation Security program.


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c) Provide comprehensive policy guidance for the promotion and
development of the transportation security as provided in this Act

d) Define and allocate tasks for the implementation of the security
program

) Ensure through the PTSA that each airport, seaport or terminals
shall establish and implement a written security programme appropriate to
meet the requirements of the national transportation security program; and

f) Submit an annual report to the President of the Philippines.

SEC, 10, Meetings. - The NTSC shall meet regularly at least once a
year and may hold special meetings to consider urgent matters upon call of
the Chairman or any (3) members of its entire membership. The PTSA is the
secretariat of the NTSC.

SEC, 11, Administrator and Deputy Administrator.— The head of
the authority shall be known as the Administrator assisted by a Deputy
Administrator, who shall be responsible for the general administration and
management of the agency. The Administrator must be a natural born citizen
of the Philippines, at least forty-five (45) years of age, with at least tem (10)
years experience in the field of transportation of security, five (5) years of
which shall be in the field directly related to security or allied services. The
deputy administrator shall have the same qualifications as the Administrator.

The Administrator and Deputy Administrator shall be appointed by the
President of the Philippines for a term of seven (7) years from the date they
assume office. They are eligible for re-appointment.

For purposes of law enforcement functions, the Administrator and the
Deputy Administrator are deemed persons in authority, All subordinate

officials and personnel are deemed agents of persons in authority.


Sec. 12 Powers and Functions of the Administrator. -The

‘Administrator shall have the following powers and functions
a) Execute, administer and implement the objectives, policies, and
programs of the Authority and enforce decision. orders. rules and regulations
approved or prescribed by the Board of Directors
b) Determine sensitive security information and prohibit the

disclosure of information, files of records or date of any sort, if in his opinion
the disclosure of such information shall, (I) be detrimental to the security of
persons and things in the transportation sector; (II) reveal trade secrets,
privileged or confidential information obtained from any person. natural or
judicial; (Ill) constitute unwarranted invasion of privacy of persons, including
but not limited to, information contained in any personnel, medical or similar
file; (IV) undermine public trusts and confidence in duly constituted authorities
in the exercise of judgment calls and discretions in any or all risk
managements or preventive or preemptive actions undertaken.

In view hereof, the officials and employees of the Authority shall not
be compelled to be a witness, report, inform, or testify in any inquiry or forum
of whatever nature called for the purpose unless authorized in writing and
within the scope of authorized inquiry by the President of the Republic of the
Philippines

©) Direct and supervise the management, operations, and
administration of the Authority in accordance with international standards of
transportation security, and impose fines, penalties and similar sanctions for
any violation thereof

d) Exercise visitorial/ inspection powers in all areas within the

jurisdiction of the Authority including but not limited to transportation terminals,

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stations and buildings, offices, seaports and airports, tarmacs, wharfs and
similar infrastructures and issue travel and mission orders for the purpose:

e) Undertake research studies, investigations and other activities
related to contemporary transportation system security and future innovative
requirements thereof, on his own initiative or upon instruction of higher
authorities, and to submit comprehensive reports and appropriate
recommendations to the Board for proper action.

f) Formulate, develop, implement, revise and update the Air, Land
and Maritime National Transportation Security Programs and Operational
Plans or Manual

g) Prescribe collection procedures and schedules for security fees
rates and charges consistent with prevailing with international standards for
the use of airports, seaports, terminals and other transportation facilities or
infrastructures. The revenues collected thereon shall be reported to the
National Treasury and shall thereafter be disbursed by the Authority for the
continuing support and upgrade of the administration, operation and services
of the Authority to effectively carry out the objectives of this Act, subject to
existing auditing and accounting laws, rules, regulations and procedures,

h) Appoint, transfer suspend, remove or otherwise discipline any
subordinate officer or employee of the Authority. subject to Civil Service laws
rules and regulations; and

i) Perform such other functions necessary to effectively carry out the
provisions of this Act

SEC. 13. Removal for Cause. ~ The Administrator may be removed
from office for cause as provided by law. In case of death. resignation

removal or permanent disability of the Administrator, the Deputy Administrator

WW


shall act as Administrator in a concurrent capacity until the Administrator shall
have been appointed and qualified

SEC. 14, Prohibition. - The Administrator, the Deputy Administrator
the Directors and all other officials and employees of the Authority shall not
‘own any transportation or security enterprise, nor shall own any shares of
stock or bond in any transportation or security enterprise or in an enterprise
that manufactures equipment used for transport security purposes. They shall
strictly avoid conflict of interest in the conduct of their office, Any violation
hereof shall be dealt with in accordance with law.

SEC. 15, Membership in the National Security Council. ~ The
Administrator or his representative is hereby designated as member of the
National Security Council and shall report directly to the President of the
Philippines regarding sensitive transportation security information

SEC. 16, Organizational Structure of the PTSA. - The Authority shall
consist of the following Bureaus which shall be headed by a Director IV level
(Civil Service Commission)

a) Civil Aviation Security Bureau (CASB). - The Civil Aviation
Security Bureau shall conduct continuous inspection, monitoring and audit of
air transportation facilities and operations: formulate plans, policies, programs
and implement rules and regulations for the security of air transportation: and
conduct investigation on all matters involving illegal acts or unlawful
interference committed upon or directed to air transportation facility and
submit its recommendations to the Administrator,

b) Maritime Security Bureau (MARSB). ~ The Maritime Security
Bureau shall conduct continuous inspection, monitoring, and audit of maritime

transportation facilities and operations; formulate plans. policies, programs

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and implement rules and regulations for the security of maritime
transportation; and conduct investigation on all matters involving illegal acts or
unlawful interference committed upon or directed to maritime transportation
facility and submit its recommendations to the Administrator.

c) Read and Rail Security Bureau (RARSB). - The Road and

Rail

Security Bureau shall conduct continuous inspection, monitoring, and audit of
road and rail transportation facilities and operations; formulate plans, policies.
programs and implement rules and regulations for the security of road and rail
transport systems; and conduct investigation on all matters involving illegal
acts or unlawful interference committed upon or directed to road and rail
transportation systems and submit its recommendations to the Administrator

d) Intelligence and Communications Security Bureau (ICSB). -
The Intelligence and Communications Security Bureau shall provide the
Authority with intelligence reports and information on the extent of security
risks and threats affecting all modes of transportation, develop programs to
strengthen the intelligence capability of the Authority in securing the different
modes of transportation including transportation communication systems,
facilities, services and infrastructures in the country

e) Financial Management & Administrative Bureau (FMAB). ~
The Financial Management & Administrative Bureau shall advise and assist
the Administrator on budgetary, financial and management matters. It shall
likewise provide the Authority with efficient and effective services relating to
personnel, information, records, delivery and receipt of correspondence,
supplies, property. equipment, maintenance and utilization of facilities; and

provide services as may be provided by law


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f) Legal, Enforcement, Policy Research and Adjudication
Bureau

(LEPAB). - The Legal, Enforcement, Policy Research and Adjudication
Bureau shall provide the Authority with efficient and effective legal advice and
opinion concerning the operation of the Authority; prepare contracts and
instruments to which the Authority is a party: review reports relative to
investigation conducted by the Authority and submit recommendations
pertaining thereto; Enforce and litigate transportation security law, rules and
regulations; adjudicate matters affecting the implementation of the rules and
regulations on national policy for all aviation, maritime and land transportation
security,

h) Institute for Transportation Security Training and
Development (ITSTD). - The Institute for Transportation Security Training
and Development shall formulate, develop, provide and maintain an effective,
efficient and continuing training program for transportation security personnel
conduct tests and qualifying procedures for transportation security equipment
undertake the training development and upgrade all course materials on
security training programs and transportation security policies.

The Administration is hereby authorized to establish, operate and
maintain a Regional Office in each of the administrative regions of the
country, Each Regional Office shall be headed by a Regional Director who
shall be responsible for the implementation of this Act within his administrative
region

SEC. 17. Law Enforcement. - The Administration shall have the
power to exercise law enforcement function, as it may deem necessary. to

carry out its functions and attain its purposes and objectives: Provided, that

“W


the Administration may request the assistance of any law enforcement
agency, including request for deputation as may be required. Such function
shall be exercised in relation to the following: providing public safety,
maintaining peace and order, ensuring the security of passengers, crew.
cargo and buildings, installations equipment and machinery; regulating and
controlling entry into, and exit from, and movement within controlled areas:
supervising private security guards, and enforcing rules and regulations of the
Administration

SEC. 18, Personnel Complement. - For purposes of implementing
the provisions of this Act, personnel of units or offices of the Philippine Coast
Guard (PCG); Philippine Ports Authority Police (PPAP); Airport Police
Customs Police; PNP-Maritime Group (PNP-MARIG): PNP-Aviation Security
Group (PNP-ASG); PNP-Traffic Management Group (PNP-TMG); Philippine
National Railways Police (PNR Police); Civil Security Unit-Air Transportation
Office (CSU-ATO) and all other government agencies with the primary duty
and functions of providing transportation security shall be under the
operational direction and supervision of the Administration.

SEC. 19. Promotion and Selection Board. ~ There shall be
established a Promotion and Selection Board within the Administration which
shall screen and evaluate its personnel for promotion. The appointment and
promotion process shall be in accordance with the Civil Service laws. rules
and regulations

All positions in the Administration hereinafter created shall be filled up
in accordance with the Administration's organizational structure, which shall
define the qualification standards consistent with the minimum requirements

under the Civil Service Rules and Regulations,


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The Chairman of the NTSC, in the interim and in the exigency of the
service, appoints the initial batch of Bureau Directors upon the
recommendations of the PTSA Administrator

Likewise, there shall be a Selection and Qualification Committee, which
shall recommend to the Administrator the appointment of all other personnel
not herein provided

SEC. 20. Headquarters, Offices and Location.— The principal office
of the PTSA shall be in Metro Manila, but it may establish regional or field
offices as may become necessary for the proper conduct of its business

SEC. 21. Appropriations. - For purposes of organizing and
constituting the PTSA, and for carrying out the provisions of this Act. the
amount of Five Hundred Million Pesos (P500,000,000.00) is hereby
appropriated out of any funds available and not otherwise appropriated in the
National Treasury, In addition, the appropriations of the absorbed agency for
the current fiscal year shall be transferred to the Administration, Thereafter.
such amount as may be necessary to carry out the provisions of this Act shall
be included in the annual General Appropriations Act

SEC, 22, Transitory Provisions. - The Office for Transportation
Security (OTS) under the Department of Transportation and Communications
is hereby abolished. The officials and employees of the OTS shall be
absorbed into the PTSA on the basis of merit and fitness and shall serve as
the initial personne! complement of the Authority: Provided. That the
Administrator, the Deputy Administrator and the Directors that may be
absorbed under this Act, shall be exempt from eligibility requirements of the
Civil Service Commission upon entry into the Authority; Provided, however.

That the said personnel shall have at least one hundred (100) hours of basic

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security training and at least two (2) years of extensive experience in actual
investigation, intelligence and security functions or assignments.

Officials and employees of the absorbed agencies may continue to
serve in their official capacity with the Authority without service record
interruption: Provided that they are qualified and eligible for appointment in
accordance with Civil Service laws, rules and regulations

All existing facilities, equipment and all other assets, properties, rights,
interests and privileges which, upon the effectivity of this Act, are vested in,
and owned by, the OTS and such other agencies performing transportation
security functions that may be absorbed by the PTSA, are hereby transferred
to the PTSA

All financial and logistical resources, facilities and equipment shall be
released and put under the control of the PTSA. All organizations and
agencies whose functions are transferred to PTSA shall disburse their funds
and resources through the Authority

SEC, 23, Implementing Rules and Regulations (IRR). ~ Within
ninety (90) days from his appointment, the Administrator shall promulgate
rules and regulations necessary to ensure the effective implementation of this
Act.

SEC. 24. Repealing Clause. - All laws, executive orders, letters of
instructions, rules and regulations and other issuances. or provisions thereof
inconsistent with any provisions of this Act are hereby repealed or amended
accordingly

SEC. 25. Separability Clause. ~ If for any reason any provision of
this Act is declares unconstitutional or invalid, parts or provisions of this Act

which are not affected shall continue to be in full force and effect.


i SEC. 26. Effectivity — This Act shall take effect fifteen (15) days after

its publication in at least two (2) national newspapers of general circulation

3 Approved,