NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S.B. No. 1142
ct tur gj'''
*22 AUG 15 A 9 33
RuCEIl/tDUV
Introduced by SEN. WIN GATCHALIAN
AN ACT
REQUIRING FOR THE EMPLOYMENT OF QUALIFIED LIFEGUARDS IN ALL 
PUBLIC SWIMMING POOLS AND BATHING FACILITIES, AND PROVIDING 
PENALTIES FOR VIOLATION THEREOF
EXPLANATORY NOTE
Aquatic activities, although certainly enjoyable, pose a serious threat to life and 
limb when the proper safety protocols are not established and observed. The safety 
risks of aquatic activities are even larger for children. The World Health Organization 
(WHO) considers drowning as a public health challenge. The drowning rate in a low- 
and-middle income country like the Philippines is six times higher than in high-income 
countries, with rates of 7.8% and 1.2%, respectively. Due to the nation's island-based 
geography, interaction with water is commonplace with significant water-based 
transportation between islands and water recreation-based tourism. Despite this fact, 
no research comprehensively documents prevention strategies implemented by 
government and non-government agencies at a national or local level in the 
Philippines.1
1 "I Want to See a Drowning-Free Philippines": A Qualitative Study of the Current Situation, Key 
Challenges and Future Recommendations for Drowning Prevention in the Philippines by Jonathan P. 
Guevara, et. al, National Library of Medicine (January 6, 2021)


One area in which public policy can address this issue is the regulation of public 
swimming pools and bathing areas. Currently, some regulations do exist, but they are 
often not followed. One essential requirement - the presence of a lifeguard at all times 
- is often forgotten or disregarded by the operators of these public water areas.
Accordingly, this measure establishes a formula, based on the World Health 
Organization's standards, for the number of lifeguards required to be on-duty at all 
times at public swimming pools. It also mandates the strict enforcement of the 
lifeguard requirement by the Department of Health. Lastly, this measure increases the 
criminal liabilities for pool operators who fail to comply with the requirement, and 
penalizes negligent lifeguards whose actions, or lack thereof, result in the death or 
serious injury of persons.
In view of the foregoing, the passage of this measure is'^earrijestly sought.
lATCHALIAN


NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE 
SiBa NOa «1-
1142
RECEIVED
TIME
BILLS & INDEX
Introduced by SENa WIN GATCHALIAN
AN ACT
REQUIRING THE EMPLOYMENT OF QUALIFIED LIFEGUARDS IN ALL 
PUBLIC SWIMMING POOLS AND BATHING FACILITIES, AND PROVIDING 
PENALTIES FOR VIOLATION THEREOF
1
2
3
4
5
6
7
8 
9
10
11
12
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
SECTION. 1. Short Title. - This Act shall be known as the "Lifeguard Act of
2022."
SEC. 2. Definition of Terms. - For the purposes of this Act, the following terms 
shall be defined as follows:
a) Swimming Pool refers to a tank or large structure that is filled with water 
intended for educational, training, recreational, or competitive swimming or 
diving and its adjunct bathing facilities, if any.
b) Public swimming pool refers to any swimming pool operated for public or 
collective use, either for commercial purposes or free-of-charge, including 
but not limited to pools operated in hotels, inns, motels, condominium


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
buildings and complexes, clubhouses, and any other public setting, or 
residential setting other than a single-family home.
c) Lifeguard refers to an expert swimmer trained in lifesaving techniques who 
is employed by the pool operator to protect bathers and swimmers, prevent 
drowning and related water injuries, and ensure orderly and safe use of the 
facilities.
d) Operator refers to the owner, manager, or administrator of the public 
swimming pool.
SEC. 3. Lifeguard Requirement ~ Each public swimming pool shall employ at 
least one (1) certified lifeguard during the entire duration of its operations. In excess 
of every two hundred fifty (250) square meters of swimming pool, an additional 
lifeguard shall be employed by the pool operator. Said lifeguard shall be duly certified 
as such by any nationally-recognized organization accredited by the Department of 
Health.
The pool operator shall provide the appropriate local government unit (LGU) 
with a certification and supporting documents proving that the employment or 
engagement of the required number of certified lifeguards at the pool based on the 
formula given in the preceding paragraph.
SEC. 4. Roie of the Locai Government Unit - The LGUs shall ensure the 
compliance of all public swimming pools with this Act through periodic local inspections 
coordinated by the Local Health Officers, or other personnel as It may see fit to assign. 
The respective LGUs shall not approve or renew the operating permit of the pool 
operator unless it has verified the certification and supporting docents mentioned in 
the preceding section of this Act.
SEC. 5. PenaiProvisions. - The following penalties shall be imposed:
a) A pool operator who fails to employ the required number of lifeguards as 
specified under Sec. 3 of this Act shall pay:


1 
i. First Offense: A fine of Twenty Thousand Pesos (P20/000.00) and the
2 
suspension of the facility's operating permit for a period not exceeding
3 
sixty (60) days.
4 
ii. Second Offense: A fine of Fifty Thousand Pesos (P50,000.00) and the
5 
suspension of the facility's operating permit for a period not exceeding
6 
one-hundred-and-twenty (120) days;
7 
iii. Third Offense: A fine of One Hundred Thousand Pesos (P100A000.00)
8 
and the revocation of the facility's permit to operate.
9 
b) In the event of serious injury or death in a public swimming pool, the pool
10 
operator who fails to employ the required number of lifeguards under Sec.
11 
3 of this Act shall be punished by imprisonment for not more than six (6)
12 
months and shall pay a fine of Two Hundred Thousand Pesos
13 
(P200,000.00), without prejudice to other criminal, civil or administrative
14 
liabilities.
15 
c) In the case mentioned in the preceding paragraph, the LGU official
16 
responsible for the inspection of the public swimming pool shall be held
17 
administratively liable if caused by his or her omission or neglect to fulfill
18 
his or her duty.
19 
d) In the event of serious injury or death of any person in a swimming pool,
20 
the on-duty lifeguard who, through gross negligence or imprudence, fails
21 
to protect said person from injury or death shall be punished by
22 
imprisonment for not more than one (1) year and shall pay a fine of Two
23 
Hundred Thousand Pesos (P200,000.00). The pool operator and the
24 
lifeguard shall be held jointly and solidarily liable for any damages and civil
25 
liabilities imposed as a result of the negligent or imprudent act.
26
27 
SEC. 6. Separability Clause. - If any provision of this Act is held invalid or
28 
unconstitutional, the other provisions not affected thereby shall remain in full force
29 
and effect.


SEC. 7. Repealing Clause. - All laws, decrees, executive orders, proclamations, 
rules and regulations, and issuances or parts thereof which are inconsistent with this 
Act, are hereby repealed, amended, or modified accordingly.
SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or In at least two (2) national newspapers in general 
circulation in the Philippines.
Approved,