FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
SENATE 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Pilotage service is one of the important complementary services to vessels in port. 
The Charter of the Philippine Ports Authority (PPA), Presidential Decree No. 85, specifically 
Section 6 (a) (viii), vests PPA with the power to control, regulate and supervise pilotage and 
the conduct of pilots in any port district. PPA has promulgated several regulations on pilotage 
in order to implement its mandate and/or to respond to the complaints of both foreign and 
coastwise shipping lines/operators. 
The complaints include unsatisfactory or delayed services rendered by some pilots, lack of 
proper equipment and gear overcharging of pilotage fees and the collection of unauthorized 
fees. 
At present, pilotage services are solely provided by the members of the Harbor Pilots' 
Association in a pilotage district which is under the United Harbor Pilots' Association of the 
Philippines (UHPAP). 
On 3 February 1986, President Marcos signed Executive Order No. 1088 without prior 
consultation with the maritime sector and the PPA. The EO made pilotage services in all 
ports in the country compulsory, and increased pilotage fees by as much as four thousand 
percent (4,000%) for the benefit of UHPAP members, the umbrella organization. 
Presently, there is a need to define clearly pilotage services, and to establish in an 
unequivocal manner the basis for the imposition of not less than 10% of government share in 
the gross receipts from harbor pilotage operations. 
This bill seeks to provide a mechanism for determining pilotage rates and the extent of 
maritime liability of harbor pilots. 
Passage of this bill is earnestly requested. 
A I ~ T O ~ I O  
"SONNY" 6. TRILLANES IV 
Senator 


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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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SENATE 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF 
HARBOR PILOTS IN ALL PORTS IN THE PE[ILIPPINES AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Title.- This Act shall be known as the "Pilofage Service Act of 2008. " 
SEC. 2. 
Policy iznd Objectives. - It is hereby declared the policy of the State to 
regulate, control, and supervise pilotage services and the conduct of pilots in all ports of the 
country to attain the following objectives: 
a) 
Ensure 
the 
safe 
conduct 
in 
ports 
of 
vessels 
and 
seaborne 
commerce/passengers; 
b) 
c) 
d) 
services; 
e) 
f, 
Professionalize harbor pilotage services. 
Protect port structure and facilities; 
Establish reasonable charges for pilotage services; 
Foster fair competition among harbor pilots in the delivery of pilotage 
Ensure efficient pilotage services at all times; and 
SEC. 3. Definition of Terms. - For purposes of fhis Act, the tenns used herein, 
unless the context indicates otherwise, shall mean as follows: 
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a) 
Pilotage service is the act of conductingimaneuvering a vessel to/from berth to 
anchorage. 
b) 
Harbor pilot is a licensed master mariner duly accredited by the Philippine 
Ports Authority to conduct pilotage in a pilotage district. 
c) 
d) 
Authority refers to the Philippine Ports Authority. 
Accreditation is the authority granted by PPA to any harbor pilot to render 
pilotage services in a particular pilotage district. 
e) 
Permit to operate is the authority granted by the PPA to any pilots 
organization to render pilotage service in a particular pilotage district. 
f) 
Gross income from pilotage services is the total gross billing whether 
collected or not, assessed against the shipownedagents for pilotage and related services. 
SEC. 4. 
Establishment of Pilotage District. - The Philippine Ports Authority is 
hereby authorized to establish, through longitude and latitude, the pilotage districts 
throughout the country including the number of pilots for each pilotage district. 
SEC. 5. 
Provlslon of Pilotage Services.- Pilotage services in all pilotage 
districts shall be provided directly by the Authority either by contract or through accredited 
pilots organizations. 
SEC. 6. 
Compulsory or Optional Pilotage. - For entering a harbor and 
anchoring thereat, or passing through rivers or straits within a pilotage district, as well as 
docking and undocking at any piedwharf, or shifting from one berth to another, every vessel 
engaged in foreign trade shall be under compulsory pilotage, except in specific 
ports/areas/cases declared as optional per the regulations promulgated by the Authority. 
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Pilotage for vessels engaged in domestic trade shall be optional, except in specific 
portslareasicases declared as compulsory per regulations promulgated by the Authority. 
SEC. 7. 
Accreditation of Harbor Pilots. - Harbor pilots shall be accredited by 
the Authority, on the basis of merit and fitness, for a term of not less than one (1) year but not 
exceeding five (5) years. 
Accreditation may be renewed under such terms and conditions as the Authority may 
adopt, but in no case shall the renewal exceed the compulsory retirement age as provided for 
in Section 9 hereof 
The accreditation, transfer, suspension and cancellation of a harbor pilot's 
accreditation shall be governed by the rules and regulations promulgated by the Authority. 
Nothing contained herein shall be construed to mean an employer-employee 
relationship between the Harbor Pilot and the Authority. 
SEC. 8. 
Qualification of a Harbor Pilot. - No person shall be accredited as 
harbor pilot unless he is a Filipino citizen and, on the day of accreditation, is not more than 
fifty-five (55) years old, of sound physical and mental condition, of good moral character, 
and a holder of a license as harbor pilot for the pilotage district applied for. 
SEC. 9. 
Compulsoy Retirement of Pilots. - Upon the effectivity of this Act, 
harbor pilots shall be considered retired at the age of sixty (60) years. 
SEC. 10. 
Establishment of n Pilots Organization. - Pilots in a pilotage district 
may form themselves into a pilots' organization which shall be registered with the Securities 
and Exchange Commission and accredited with the Authority. The organization shall be 
headed by a Chief Pilot to be elected from the member-pilots. 
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SEC. 11. 
Permit to Operate. - Every pilots organization shall secure from the 
Authority a permit to operate (PTO) for such services under terms/conditions the Authority 
may prescribe. 
SEC. 12. 
Cancellation of PTO. - The PTO may be canceled by the Authority 
only for cause and after due process. 
SEC. 13. 
Record - Harbor pilotdpilots organizations shall keep a record of their 
operations and financial transactions and such other records or reports as may be required by 
this Act. All records shall be made open to member-pilots and concerned government 
agencies for inspection and examination. 
SEC. 14. 
IndemniQ Insurance. - Every pilots organization shall collectively 
insure its membership with the Government Service Insurance System (GSIS) at an amount 
to be determined by the Authority to cover in whole or in part any liability arising from any 
accident resulting in damage to vessel(s), port facilities and other properties, and/or death or 
injury to persons caused by its members in the performance of pilotage service. 
SEC. 15. 
Operating Capital, Equipment and Facilities. - To effectively and 
efficiently render pilotage services, individual pilots and/or pilots organizations shall make 
available operating capital, equipment or facilities as may be required by the Authority. 
SEC. 16. 
Pilotage Services and Rates. - The Authority shall define pilotage 
services, including tug assistance and other related services, and shall determine, establish 
and adjust the rates therefore in coordination with relevant government agencies and 
concerned private sectors, taking into consideration factors such as, but not limited to, 
tonnage of vessels and distance covered by the service. 
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The rates thus determined shall take effect fifteen (15) days after publication in any 
newspaper of general circulation. 
SEC. 17. 
Government Share for Pilotage Seiv&es.- For the privilege granted to 
pilots/pilots organizations to undertake pilotage services and for the use of port facilities, 
there shall be collected a government share of not less than ten (10%) percent in the pilots' 
gross income from pilotage and related services. 
SEC. 18. 
Extent of LiabiliQ. - A harbor pilot/pilotage organization providing 
pilotage service to a vessel shall be responsible for the damage sustained by the vessel and 
other facilities, and for the death or injury to persons resulting from hidits failure or 
negligence. Heht may only be absolved from liability if the accident is caused by force 
majeure or natural calamities, or when hidits order is countermanded by the master of the 
vessel: Provided, however, That he/it exercises extraordinary diligence in the performance of 
hisiits duties to prevent or minimize damage. 
SEC. 19. 
Penalties. - Any person who violates the provisions of this Act and the 
implementing rules and regulations shall be punished by imprisonment of not less than ten 
(IO) days but not more than six (6) months, as may be determined by the court. 
If the offender is a duly-accredited harbor pilot, his accreditation shall, in addition to 
his imprisonment, be suspendedcanceled or revoked. 
The Authority shall have the power to suspend, cancel or revoke the accreditation of a 
harbor pilot and to impose administrative fines in an amount not less than Twenty Thousand 
Pesos (P/ZO,OOO.OO) but not more than Two Hundred Thousand Pesos (P/200,000.00) for 
such specific violation as shall be determined by the Authority. 
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SEC.20. 
Issuance of New Accreditation to Incumbent Harbor pzlots. - 
Incumbent pilots in all pilotage districts shall be issued new accreditations in accordance with 
the provisions of this Act. In no case shall said new accreditations exceed the compulsory 
retirement age for harbor pilots as provided for in Section 9 hereof. 
SEC. 21. 
Repealing Clause. - Executive Order No. 1088 and all other laws, 
decrees, orders, rules and regulations or parts thereof inconsistent with or contraw to the 
provisions of this Act are hereby repealed or modified accordingly. 
SEC. 22. 
Separability Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions which are not affected thereby shall 
continue to be in full force and effect. 
SEC. 23. 
Eflectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) national newspapers of general circulation. 
Approved, 
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