Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO.  ________ 
Introduced by MARINO Party-list Representative 
SANDRO L. GONZALEZ 
AN ACT  
PROVIDING FOR THE FULL AND EFFECTIVE IMPLEMENTATION AND 
ENFORCEMENT OF INTERNATIONAL MARITIME INSTRUMENTS OF 
WHICH THE PHILIPPINES IS A STATE PARTY 
EXPLANATORY NOTE 
Since 1974, the government identified the need for an integrated and national development 
plan for the country’s maritime industry. Simultaneous with the creation of the Maritime 
Industry Authority, Section 5 of Presidential Decree No. 474 introduced the Maritime Industry 
Development Program (now Plan) (MIDP) which shall be followed and implemented by all 
government departments, bureaus, agencies and instrumentalities within their respective 
jurisdiction. Enclosed in MIDP’s Programs is the need to strengthen the Philippine Ship 
Registry. 
The country's overseas shipping fleet registry tails almost all of those of our South East Asian 
counterparts' registry. In a short span of three decades, the number of the country's overseas 
shipping fleet declined by 76% from 467 ships in 1988 to 111 vessels at present. 
Contributing to this steady decline is the risk faced by the country's overseas shipping fleet of 
being detained by other Port States brought about by the Philippine Government's inability to 
fully and effectively implement international maritime instruments which the Philippines have 
ratified or acceded to. Among these instruments are the mandatory conventions involving 
safety of life at sea (SOLAS 1974 and its 1988 Protocol); prevention of pollution from ships 
(MARPOL); load lines (LL 66 and its 1988 Protocol); tonnage measurement of ships (Tonnage 
1969); and regulations for preventing collisions at sea (COLREG 1972). 
As a Member State of the International Maritime Organization (IMO) which is the specialized 
agency of the United Nations that promotes safety, security and environmental performance in 
international shipping, it is the Philippines' obligation under the principle of pacta sunt 
servanda to enact and enforce in good faith national legislations that will give effect to these 
Conventions and Instruments. 
July 1, 2022
8:12 am
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Furthermore, the Philippines will undergo the IMO Member State Audit Scheme (IMSAS) in 
October 2022 to determine its compliance and effectivity in implementing and enforcing its 
functions as a Flag, Port and Coastal State under various maritime instruments. 
In view of the foregoing, the early passage of this proposed measure is highly recommended. 
 
 
 
 
 
SANDRO L. GONZALEZ 
 
Representative 
 
MARINO Party-list 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
 
NINETEENTH CONGRESS 
First Regular Session 
 
 
HOUSE BILL NO.  ________ 
 
 
Introduced by MARINO Party-list Representative 
SANDRO L. GONZALEZ 
 
AN ACT  
PROVIDING FOR THE FULL AND EFFECTIVE IMPLEMENTATION AND 
ENFORCEMENT OF INTERNATIONAL MARITIME INSTRUMENTS OF 
WHICH THE PHILIPPINES IS A STATE PARTY 
 
 
 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
 
Section 1. Short Title. – This Act shall be known as the "Maritime Safety, Security and 
Prevention of Ship-Sourced Pollution Act of the Philippines". 
 
Section 2. Declaration of Policies. – The following are hereby declared to be the policies 
of the State: 
(a) The State shall provide for the full and effective implementation and enforcement of 
international maritime instruments that cover safety of life at sea, prevention of 
pollution from ships, load lines, tonnage measurements of ships, and regulations for 
preventing collisions at sea, of which the Philippines is a State Party; 
 
(b) The State shall provide for a platform for the adoption of regulations  implementing 
the technical annexes, provisions and requirements of these international maritime 
instruments as well as future amendments to such technical provisions  and 
requirements as the State Parties to these Conventions may adopt from time to time; 
 
(c) The State shall comply with its duties and obligations to the international community 
as State Party to these international maritime instruments by ensuring the effective 
exercise of its jurisdiction and control over ships flying its flag, and that those who 
are responsible for the management and operation of a ship registered in the 
Philippines including their duly-registered owners, operate their ships responsibly; 
and 
 
(d) The  State  shall  provide  a  mechanism  for  the  full  and  effective  implementation 
of Port State Control (PSC) guidelines as provided by regional agreements or 


Memoranda of Understanding by which it may consistently carry out its obligation 
to conduct inspections on ships of other States, whether parties to international 
maritime instruments or not, when these are within the waters, ports, harbors and 
offshore terminals of the Philippines. 
 
Section 3. Scope of the Act. – Unless otherwise indicated, this Act shall apply to: 
(a) All merchant marine ships, whether seagoing or coastwise, which are registered 
under the Philippine flag; 
 
(b) All persons, partnerships,  corporations,  firms or other entities duly-registered or 
licensed in the Philippines to engage in the business of shipping as shipowners, ship 
operators, charterers, or ship managers, or those acting on their behalf; and 
 
(c) All foreign ships that are within the waters, ports, harbors and offshore terminals of 
the Philippines regardless of whether or not they are registered in or belong to State 
Parties to the international maritime instruments sought to be implemented by this Act. 
 
Section 4. Definition of Terms. – As used in this Act: 
(a) International Maritime Instruments refer  to  all  conventions,  codes, 
recommendations, procedures, guidelines, or other similar instruments pertaining to 
safety of life at sea, prevention of pollution from ships, load lines, tonnage 
measurements of ships, and regulations for preventing collisions at sea, of which the 
Philippines is a State Party, including: 
 
(1) The International Convention for the Safety of Life at Sea, 1974 and its Protocols 
of 1978 and 1988 and Agreement of 1996; 
 
(2) The International Convention for the Prevention of Pollution from Ships, 1973, 
its Protocol of 1978 and its Protocol of 1997; 
 
(3) The Convention on the International Regulations for Preventing Collisions at Sea, 
1972; 
 
(4) The International Convention on Load Lines, 1966 and its Protocol of 1988, as 
amended in 2003; 
 
(5) The International Convention on the Tonnage Measurement of Ships, 1969; and 
 
(6) All   other   international   instruments,   codes, recommendations, procedures,   
and  guidelines   implementing  or  applying  these Conventions. 
 
(b) Recognized Organizations refers to an organization that has been assessed as such by 
the Department of Transportation (DOTr), in accordance with the relevant guidelines 
of the International Maritime Organization (IMO) on recognized organizations. 
 
 


Section 5. Powers and Functions. –  
(a) DOTr. — For purposes of this Act, the DOTr shall have the following powers and 
functions:  
 
(1) Act as the single and central maritime administration, and exercise all powers and 
functions relative to the compliance with, and effective implementation and 
enforcement of international maritime instruments to which the Philippines is a 
State Party; 
 
(2) Prescribe,  fix, issue, revise, amend, update or repeal rules and regulations from 
time to time to ensure the full and effective implementation   and   enforcement   
of   international   maritime instruments; 
 
(3) Determine the minimum standards and requirements, and issue rules and 
regulations applicable to particular types of ships, considering their size, type, 
motive capacity, trading limits and other physical and technical attributes without 
diluting the minimum requirements of the international maritime instruments; 
 
(4) Determine which ships shall be excluded or exempted from the coverage of 
relevant regulations, and establish equivalent technical standards where it is 
determined that by virtue of the ship's size, type, motive capacity, or trading 
limits, it would be more workable to require the   implementation   of   such   
equivalent   standards,   without compromising the safety of the ship, its crew, 
passengers and cargo, and without exposing the marine environment to the risk 
of damage from ship-sourced pollution; 
 
(5) Assess and determine the qualification of any recognized organization, execute 
the corollary written agreement to evidence the terms and conditions by which 
such recognized organization shall act on its behalf, and the extent of the powers 
delegated to such recognized organization in carrying out initial and periodic 
inspections and surveys, including the capacity to issue ship certificates on its 
behalf; 
 
(6) Require the master or, in his absence, the owner, charterer, manager or operator 
to submit, without delay, a full written report of any incident involving the ship 
that may endanger the safety of the ship, its crew, passengers, or cargo, or pose a 
threat to the marine environment; 
 
(7) Following any marine casualty, accident or incident involving a ship in the 
Philippine registry, undertake, on its own or through a duly-constituted 
independent group of suitably qualified safety inspectors, a marine casualty safety 
investigation which is independent from any other form of investigation and is 
not intended to apportion or blame or determine liability, but is conducted to 
determine the cause of the accident and the identification of measures to prevent 
the occurrence of similar marine casualties, accidents or incidents in the future; 
 
(8) Institute amendments to existing regulations to enhance the safety and security of 
ships, persons and property and the protection of the marine environment 


following receipt of any recommendation arising from the marine safety 
inspection report; 
 
(9) Receive the report of any violation from another State and conduct any other 
investigation on a ship in the Philippine registry to protect public interest and 
impose such penalties, sanctions, and levy such fines commensurate to the gravity 
of the offense to ensure effective implementation,   compliance   and   
enforcement   of   Maritime Conventions and upon completion of the 
investigation, inform the State submitting the report of the action taken to address 
the violation; 
 
(10) Act as the designated point of contact for all matters related to the IMO with 
respect to safety of life at sea, prevention of pollution from ships, load  lines,  
tonnage  measurement  of ships,  and regulations  for preventing collisions at sea; 
and 
 
(11) Exercise such other powers and functions necessary to fully implement 
international maritime instruments. 
 
When creating procedures, rules and regulations, the DOTr shall always be 
guided by the relevant conventions, instruments, codes, recommendations, and 
guidelines of the IMO. 
 
(b) Philippine Coast Guard (PCG). — For purposes of this Act, the PCG shall exercise 
PSC, consistent with its powers and functions under Republic Act No. 9993, 
otherwise known as the "Philippine Coast Guard Law of 2009", and its implementing 
rules and regulations; and 
 
(c) Maritime Industry Authority (MARINA). — For purposes of this Act, the MARINA 
shall exercise Flag State Control, consistent with its powers and functions under 
Presidential Decree No. 474, otherwise known as the Maritime Industry Decree of 
1974 and Executive Order Nos. 125 and 125-A, series of 1987, as amended, 
otherwise known as the Reorganization Act of the Ministry of Transportation and 
Communications. 
 
Section 6. Power to Adopt Regulations to Conform to Amendments to International 
Maritime Conventions. – The MARINA, with the concurrence of the DOTr, through the 
Secretary, shall recommend to the Department of Foreign Affairs (DFA) the adoption of 
international maritime instruments which the Philippines is not yet a party to, so that the 
appropriate recommendation can be made, the relevant instrument of ratification or accession 
may be issued by the President, and the concurrence of the Senate of the Philippines may be 
obtained; Provided, That in the case of any subsequent amendment to any technical annex of 
any existing international convention or treaty to which the Philippines is already a party and 
which is deemed accepted by the by the State Parties to the convention after the lapse of the 
specified time, the MARINA is hereby empowered and authorized to amend and revise its rules 


and regulations to conform with the amendments to the relevant convention or treaty without 
need of further legislative or executive authorization. 
Section 7. Coordination Among Regulatory Agencies. – The Secretary of 
Transportation shall direct, oversee and document the creation, maintenance and management 
of the appropriate coordinative framework and structure among all government agencies 
mandated by law to supervise and regulate all parties referred to in Section 2 of this Act in 
order to ensure the harmonized implementation and enforcement of the conventions covered 
by this Act. For this purpose, the Secretary of Transportation shall issue relevant regulations, 
orders, processes and procedures within sixty (60) days from the effectivity of this Act, which 
regulations may be amended from time to time as needed. The issuance of the Secretary of 
Transportation shall give special attention to clearly identify the processes and procedures to 
be followed by the different regulatory agencies, considering  each  agency's  mandate,  
technical competence and expertise, organizational structure and capabilities for carrying out 
the Philippines' obligations under the conventions. The Secretary of Transportation shall 
further clarify functions and tasks which require: 
(a) Execution directly by the agency; 
 
(b) Execution indirectly by an agency acting on behalf of another; 
 
(c) Coordination of several agencies by a lead agency; 
 
(d) Cooperation by agencies acting independently of each other; or 
 
(e) Monitoring and reporting to another agency. 
The Secretary of Transportation, as needed, shall coordinate with other executive 
departments whose line or attached agencies likewise exercise relevant functions or provide 
technical services that ensure the safety of the ship, its crew, passengers and cargo and the 
protection  of the  marine  environment,  such  as the Philippine Atmospheric, Geophysical and 
Astronomical Services Administration (PAGASA) under the Department of Science and 
Technology (DOST), and the National Mapping and Resource Information Authority 
(NAMRIA) under the Department of Environment and Natural Resources (DENR), among 
others. 
 Section 8. Implementing Rules and Regulations. – The DOTr shall issue the 
implementing rules and regulations for each of the Maritime Instruments within six (6) months 
from the effectivity of this Act. 
Section 9. Separability Clause. – If, for any reason, any section, subsection, clause or 
term of this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such 
declaration shall remain in full force and effect. 


Section 10. Repealing Clause. – All existing laws, orders, decrees, rules and regulations 
or parts thereof inconsistent with the provisions of this Act are hereby amended, modified or 
repealed accordingly. 
Section 11. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,