EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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S E N A T E  
s. No. 6 51
V =;>i  <©((icr o( Ihf wccittarp
•19 JUL 22
In tro d u ce d  by SENATOR RAMON BONG REVILLA, 3R.
PI 58
RECEIVlD
AN ACT
CREATING A NATIONAL TRANSPORTATION SAFETY BOARD, APPROPRIATING 
FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
It is a disturbing fact that disasters have remained a constant problem in the 
transportation industry, be it air, land, or sea. Needless to say, these tragedies cause so 
much unnecessary loss lives and damage to properties.1
When transportation accidents happen, investigations are normally undertaken by 
the very same government agencies that may have been remiss in their duties in the first 
place. To address this problem and advance transportation safety consciousness, there 
is an urgent need to create the National Transportation and Safety Board (NSTB) which 
shall be an independent and non-regulatory agency to ensure and prevent loss of life and 
property. Briefly, the mission of this Board is to engage in the investigation and determine 
probable cause(s) of transportation accidents, the issuance of safety recommendations 
and special studies directed at preventing recurrence of such accidents and evaluating 
the effectiveness of concerned government agencies in preventing transportation 
accidents.
The creation of an independent government agency to promote transportation 
safety by conducting independent accident investigations and by formulating safety 
improvement recommendations has come of age in the Philippine transport system. As 
envisioned, the investigation of major responsibilities assigned to this independent Board 
requires vigorous investigation of major accidents involving all types of public utility 
vehicles or vessels regulated by other agencies of government. It demands continuous 
review, appraisal, and assessment of the operating practices and regulations of all such
1 This bill was originally filed by Hon. Rufino B. Blazon during the Thirteenth Congress, First Regular Session, and 
subsequently refiled jointly by the Committees on Public Services; Civil Service, Government Reorganization and 
Professional Regulation; Education, Arts, and Culture; and Finance w ith Senators Poe, Ejercito, Pimentel, De Lima, 
Sotto, Escudero and Legarda as authors thereof during the Seventeenth Congress, Second Regular Session.


agencies. It also envisions calling for the making of conclusions and recommendations 
that may be critical of or adverse to any such agency and its officials.
No government agency can properly perform such function unless it is totally 
separate and independent from any other department, bureau, commission, or agency. 
The current regulatory agencies involved in the transport industry cannot be expected to 
conduct a thorough and impartial investigation on any major accident for the simple 
reason that such agencies may be themselves liable due to the improper or lack of 
implementation of pertinent laws, rules and regulations regarding safety.
The importance and necessity of a safe transportation system in our country 
cannot be overemphasized. The enactment of this measure is expected to ensure all the 
modes of transportation in the Philippines are conducted safely. We believe that the NSTB 
will be an effective vehicle for the realization for of such need.
In view of the foregoing, passage of this bill is earnestly sought.
R A M O r^O N G  REVILLA, JR.


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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S E N A T E
S. No. 651
of tlu- &i crftarp
In tro d u ce d  by SENATOR RAMON BONG REVIrlW 2
PI 58
RECEi»L 
fc- ■
AN ACT
CREATING A NATIONAL TRANSPORTATION SAFETY BOARD, APPROPRIATING 
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in Congress 
assembled:
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Section 1. Short Tide. - This Act shall be known as the "National Transportation
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Safety Board Act."
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Sec. 2. Declaration o f Policy. - It is hereby declared the policy of the State to
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promote safety in the transportation of people and goods through cost-effective measures
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that either prevent, remedy or mitigate crashes, accidents and serious incidents involving
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any mode of transport, including pipelines and conveyors. Towards this end, the
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Government shall;
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(a) Conduct independent investigations on transportation accidents and incidents;
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(b) Support safety programs based on continuing and objective reviews of causes
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or reasons for unsafe acts and conditions; and
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(c) Appraise and assess operating practices and regulations of government
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agencies involved in the transportation sector, insofar as they affect safety, and
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where appropriate, shall initiate, coordinate, formulate or promulgate safety
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improvement standards for the observance and implementation by the concerned
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government agencies and/or private entities.
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Sec. 3. Creation o f the National Transportation Safety Board. - There is hereby 
created a National Transportation Safety Board, hereinafter referred to as the "Board" 
which shall be attached to the Office of the President.
Sec. 4. Composition and Organization. -
(a) The Board shall be composed of seven (7) full-time Members, headed by a 
Chairman. The Chairman and all six (6) Members of the Board, shall be appointed 
by the Presidents and must:
a. Be a Filipino citizen at the time of his/her appointment;
b. Have at least three (3) years of actual experience in the administration, 
operation and management of a transport utility firm or regulatory agency 
in transportation; and
c. Be knowledgeable in crash and incident reconstruction, safety agency and 
transportation and traffic safety.
Provided, that each transportation sector—land, rail, air, and sea—shall be 
represented by one Board Member each; Provided, further, that two (2) of the 
full-time Members must come from the commuting 
public, 
including 
organizations advocating for road safety.
(b) The Chairman shall have a term of five (5) years but may be renewed for a 
non-extendible period of one (1) year. Provided, that the term of the initial 
appointees shall be staggered, such that three (3) Members shall hold office for 
three (3) years and the other three (3) Members for two (2) years.
(c) Upon the expiration of their respective terms, the Members shall continue to 
serve until their successor is appointed and qualified. In case a Member fails to 
complete his term, his successor shall only serve the unexpired portion of the term 
of his predecessor.
(d) A Member may be removed from office by the President for cause in 
accordance with the Civil Service rules and regulations.


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(e) The Chairman shall be the Chie Executive Officer of the Board. He shall exercise 
all the powers and discharge all functions of the Board. He shall exercise control 
over all personnel employed by the Board, including the following:
1. The appointment and supervision of personnel employed by the Board
2. The distribution of business among such personnel and among any 
administrative units of the Board, and
3. The use and expenditure of the funds of the Board.
(f) The Board shall establish and maintain appropriately staffed bureaus, division, 
or offices, to investigate and report on crashed, accidents, and serious incidents 
involving each of the following modes of transportation.
1. Aviation;
2. Motor vehicles;
3. Railroads and tracked vehicles;
4. Pipelines, and
5. Marine transport carriers.
(g) The Board shall, in addition, establish and maintain such capabilities as may 
be needed to investigate and report on the safe transportation of hazardous and 
toxic materials.
Sec. 5. The Executive Director. -
(a) The Board shall have an Executive Director, who shall be appointed by the 
Chairman.
(b) No person shall be appointed Executive Director unless he is at least thirty-five 
(35) years of age at the time of his appointment, and a member of the 
Philippine bar, who has practiced his profession for at least ten (10) years prior 
to the date of his appointment. He also must not have been a candidate for 
any elective position in the elections immediately preceding his appointment.
(c) The Executive Director shall:
1. Record and officially report on the proceedings of the Board;
2. Having authority to administer oaths in all matters falling within the 
jurisdiction of the Board;


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3. Be responsible for running the day-to-day operation of the Board;
4. Act as the custodian of the records, maps, profiles, reports, and other 
documents and pers filed in connection with any case or proceeding before 
the Board;
5. Be responsible for the effective implementation of the policies, rules, and 
directives promulgated by the Board.
Sec. 6. Compensation. -
(a) The Chairman and the Members of the Board shall have the rank of Department 
Secretary and Undersecretary, respectively. The shall receive the compensation 
and other emoluments corresponding to those of a Department Secretary and 
Undersecretary, respectively.
(b) The Executive Director shall have the rank of the Assistant Secretary and shall 
be entitled to compensation and other emoluments corresponding to those of 
an Assistant Secretary.
(c) The Chairman, the Members of the Board, and the Executive Director shall be 
entitled to commutable representation and transportation allowances per 
month in the amount not exceedingly the monthly salary of the lowest-paid 
regular employee of the Board.
(d ) The Board shall determine the schedule of salaries of the lowest employees 
subject to the compliance with the existing compensation law. Provided, that 
the Board shall determine and fix the compensation and fringe benefits of 
employed holding technical positions that are not common to the agencies of 
the government which shall be specified in the implementing Rules and 
Regulations.
Sec. 7. Duties and Functions o f the Board. -  The Board shall:
(a) Investigate or cause to be investigated and determine the facts, conditions, 
circumstances, and cause of any of the following:
1. Aircraft accidents and serious incidents, except those involving State 
aircrafts, in accordance with ANNEX 13 of the International Civil 
Aviation Organization regulations;


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2. Motor vehicle crashes, including railroad grade crossing incidents;
3. Railroad incidents and accidents in which there is fatality, substantial 
property damage, or which involve a passenger train;
4. Pipeline incident, in which there is fatality or substantial property 
damage;
5. Major maritime transportation accidents or incidents occurring within 
Philippine maritime jurisdiction, except those involving naval vessels 
or foreign-owned warships: Provided, that the Board may aid in any 
investigation concerning such exempted vehicles if it has secured 
prior consent from the proper government agency; and
6. Other serious incidents involving the transportation of people and 
property, which, in the judgement of the Board, are catastrophic and 
of a recurring character.
(b) Report in writing to Congress and the President of the facts, conditions, and 
circumstances of each incident investigated pursuant to Section? (a) of this 
Act, and make such report available to the public within sixty (60) days from 
the completion of the Board's investigation, except in certain cases enumerated 
in Section 12 of this Act;
(c) Initiate and conduct special studies and investigation on matters pertaining to 
safety in transportation and avoiding injury to persons and damage to property;
(d) Gather, analyze, maintain, and publish from time to time data and statistics on 
transportation crashes, accidents, and incidents;
(e) Prescribe requirements for persons or agencies reporting transportation 
incidents, in accordance with their own mandates, except those which involve 
military vessels or aircrafts;
(f) Persons such other functions as may be necessary to effectively implement the 
objectives and provisions of this Act.
Sec. 8. Powers o f the Board. -
(a) The Board or any Member so designated may conduct hearings, administer 
oaths, and require the attendance and testimony of witnesses and the


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production of papers, contracts, agreements and all other relevant documents 
deemed necessary in any inquiry or investigation pending before the Board.
(b ) Any representative authorized by the Board, upon presenting appropriate 
credentials, may enter any property wherein a transportation incident has 
occurred or wreckage from such incident is located in order to investigate such 
incident. The representative may inspect at reasonable times, records, files, 
processes, controls, and facilities relevant to the investigation of such incidents. 
Each inspection shall be commended and completed with reasonable 
promptness.
(c) In investigating aircraft accidents or serious incidents, the Board may inspect 
and test, to the extent necessary, any civil aircraft engine, equipment, 
propeller, appliance, or property on an aircraft involved in an accident or 
serious incident in air commerce; Provided, however, that any civil aircraft 
engine, equipment, propeller, appliance, or property on an aircraft involved in 
air commerce shall be preserved, and may be moved, only as prescribed by 
regulations promulgated by the Board;
(d ) An officer or employee of the Board may examine or test any motor vehicle, 
vessel, rolling stock, track, or pipeline component involved in an accident or 
incident. Such examination or test shall be conducted in a manner that;
1. Does not unnecessarily, interfere with the transportation services 
provided by the owner or operator of the motor vehicle, vessel, 
rolling stock, or pipeline component; and
2. To the maximum extent feasible, preserves evidence related to the 
accident, consistent with the needs of the investigation.
(e ) The Board shall have the sole discretion to:
1. Decide the manner of inspection and examination of evidence 
pursuant to this Act;
2. Identify the person or persons who or entity that will conduct the 
inspection, examination or test; and
3. Identify the type of examination or test to be conducted;


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Provided, that a representative from concerned government 
agencies shall be present during the inspection, examination, or test 
conducted 
pursuant to this Act; 
Provided, 
further, that all 
examinations 
and 
tests 
shall 
be 
properly 
documented 
by 
photographs and videos.
(f) The Board may use a laboratory record made available to it under this Act to 
develop an evidentiary record in its investigation of an accident or incident if:
a. The fitness of the tested officer or employee is at issue in the 
investigation; and
b. The use of that record is necessary to develop the evidentiary record.
(g ) The Board may require and shall be furnished a copy of the autopsy reports by 
the official concerned on any person who died as a result of having been 
involved in a transportation accident. The Board may order, if necessary, the 
autopsy of such other deceased, or require tests on such other person or 
persons as may be needed for the investigation of the accident;
(h ) The board may enter into such contracts, leases, agreements and other 
transactions as may be necessary in the conduct of its functions and duties;
(i) The Board may call the assistance, and use any available services, equipment, 
and facilities of the Department of Justice (DOJ), Department of Transportation 
(DOTr), Philippine Coast Guard (PCG), Department of National Defense (DND), 
Department of Health (DOH), Metropolitan Manila Development Authority 
(MMDA), Department of Public Works and Highways (DPWH), Philippine 
National 
Police (PNP), 
National 
Bureau 
of Investigation (NBI), 
Local 
Government Units (LGUs), and other agencies and instrumentalities of the 
government;
0) The Board may create advisory committees composed of qualified private 
citizens and government officials with whom the Board may consult in the 
implementation of its functions and duties and to pay honoraria of these


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persons for meetings actually attended. Whenever necessary, the Board may 
likewise appoint or retain the services of recognized experts as consultants on 
the incidents under investigation. Such consultants shall be paid compensation 
as fixed by the Board; provided, that no more than three (3) consultants shall 
be appointed for each incident being investigated; Provided, further, that no 
officer, external auditor, or legal counsel of any private company or enterprise 
primarily engaged in the transportation industry shall be eligible for 
appointment as a consultant of the Board;
(k) Any law to the contrary notwithstanding, the Board may accept voluntary and 
uncompensated services;
(l) The Chairman of the Board may determine the number of committees that are 
appropriate to maintain effective liaison with other departments, agencies and 
instrumentalities of the national government and LCDs, non-government 
organizations, and independent standard-setting authorities that carry out 
programs and activities related to transportation safety. The Board shall 
designate representatives to serve in the committees;
(m) 
The Board or any officer or employee designated by the Chairman, may 
conduct an inquiry to obtain information related to transportation safety;
(n ) The Board may require the submission of records, findings, and/or 
recommendations of previous incidents and/or investigations of such incidents, 
from any government agency. For this purpose, the agency concerned shall 
transmit to the Board, within fifteen (15) days from receipt thereof, said 
records, findings, and/or recommendations; and
(o ) The Board, or its designated officer or employee, may issue Orders requiring a 
department; agency or instrumentality of the national government; LGU; or a 
person, natural or juridical, which transports persons or goods; submit to the 
Board written answers or reports pertaining to questions the Board may 
propound in line with its current investigations. The Board shall prescribe a 
reasonable time within which the reports and the answers thereto must be 
submitted to its designated officer or employee.
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Sec. 9. Consideration o f International Law. -  In the exercise of its powers, the 
Board shall take into consideration and abide by 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 Board assumes jurisdiction.
Sec. 10. Use o f Reports as Evidence. -  No part of any report or reports of the 
Board relating to any accident or incident, or investigation thereof, shall be admitted as 
evidence or used in any suit or action for damages arising out of any matter mentioned 
in such reports, except when the criminal aspect of the accident or incident is put into 
issue.
Sec. 11. Relationship with Other Government Agencies. -
(a) The Board shall have original jurisdiction over incidents enumerated in Section 
7 (a) of this Act; however, nothing in this Act shall deprive other government 
agencies from performing their intrinsic and mandated functions, including the 
investigation of accidents or making inquiries thereon, when those functions 
exist prior to the effectivity of this Act; Provided, however, that the Board, at 
its discretion, may require the submission of the records, findings, and 
recommendations of the investigation or inquiry, pursuant to its power under 
Section 8 of this Act;
(b ) The PNP and other law enforcement agencies shall continue to investigate and 
record incidents involving motor vehicles and/or pedestrians in accordance to 
their operational procedures or protocols; and
(c) Any law to the contrary notwithstanding, the head of the concerned agency 
shall, upon order or written request by the Board, provide the following 
information to the Board;
1. Any report or a confirmed positive toxicological test, verified as positive by 
the medico-legal officer of the PNP or the NBI, conducted on an officer or 
employee of the concerned agency under post-accident, unsafe practice, or 
reasonable 
toxicological 
requirements 
of the 
concerned 
with 
the 
circumstances of an accident or incident under investigative jurisdiction of 
the Board; and


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2. Any laboratory record documenting that the test is confirmed positive.
Sec. 12. Disclosure, Availability, and Use o f Information. -
(a) Except as provided in this Section, any record, information, or investigative 
report submitted to the Board shall be made available to the public upon 
request and at reasonable cost, unless the Board or the Department of Justice 
prohibits such disclosure due it possible adverse domestic or international 
impact;
(b ) 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 that subject matter to 
which the investigation is related, when requested by that committee; and
3. To the public; Provided, that such disclosure shall be for the protection of 
public health and safety; Provided, further, that the information disclosed 
will not be detrimental to public health and safety; Provided, finally, that 
the disclosure shall be made in a manner designed to protect and preserve 
its confidentiality:
(c) The Board shall not publicly disclose any part of a CCTV footage or voice 
recording or transcript of oral communications relating to an incident being 
investigated by the Board: Provided, however, that this provision shall not 
apply:
(d) Except as provided in Section 12 (b) of this Act, the Board shall maintain the 
confidentiality of, and exempt from disclosure:
1. Military secrets and findings used in the report, unless authorized by 
the DND to do so;
2. Laboratory records provided to the Board;
3. Medical information related to the test or a review of the test 
voluntarily provided to the Board by the tested officer or employee.
Sec. 13. Transportation Safety Fund.-
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(a) There is hereby created a Transportation Safety Fund fF und") from the 
Board's savings from its annual operating expense, which shall be deposited in 
a special trust fund administered by the Board.
(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 major accidents;
2. Studies and research in the causes and possible prevention of 
accidents and other disasters, as provided in this act;
3. Reimbursement of extraordinary expenditures and expenses of 
government and private agencies and/or persons mobilized by the 
Board in investigating major accidents; and
4. Training and related conferences to further enhance the expertise of 
the officers and employees of the Board under the provisions of this 
Act.
Sec. 14. Annual Report. -  The Board shall submit to the President and Congress 
an annual report at the end of every calendar year containing, among others:
(a) Statistical and analytical information of accident or incident investigations 
conducted and reviewed by the Board during the preceding year;
(b) A survey and summary of the recommendations made by the Board to reduce 
the likelihood of the recurrence of those accidents, together with the observed 
response to each recommendation;
(c) A detailed appraisal of each accident investigation and accident prevention 
activity of other departments, agencies, other instrumentalities of the national 
government and the LGUs.
Sec. 15. Appropriations. -  The sum of Fifty Million Pesos (Php50,000,000.00) is 
hereby appropriated out of any funds in the National Treasury not otherwise 
appropriated, for the initial organization and operations of the Board. Thereafter, such 
sums, as may be necessary for the operations of the Board, shall be included in the 
annual General Appropriations Act.
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Sec. 16. Implementing Rules and Regulations. -  Within sixty (60) days from the 
effectivity of this Act, the Board, in consultation with the DOJ, DOTr, Philippine Coast 
Guard, DND, DOH, MM DA, Civil Aviation Authority of the Philippines, Maritime Industry 
Authority, DPWH, PNP, and NBI, shall promulgate the implementing Rules and 
Regulations (IRR) for the effective implementation of this Act. The IRR shall provide 
procedures geared towards streamlined processes and swift justice by observing timelines 
or deadlines in rendering decisions and issuances, plain writing or easy-to-understand 
instructions, and over-all improvement of the industry.
Sec. 17. Separability Clause. -  If any part or provisions of this Act is declared 
invalid or unconstitutional, the other parts not affected thereby shall remain valid.
Sec. 18. Repealing Clause. -  All laws, decrees, executive orders, issuances, or rules 
and regulations, or portions thereof, that are inconsistent with this Act or any provision 
or provisions, thereof, are repealed or modified accordingly.
Sec. 19. Effectivity. -  This Act shall take effect fifteen (15) days after publication 
in two (2) newspapers of general circulation.
Approved,
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