REPUBLIC OF THE PHILIPPINES /:” RECEIVED 2
HOUSE OF REPRESENTATIVES. re JUL 7 yO
Quezon City 7

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Pangasinan Fifth District Representative
HON. RAMON V. GUICO IIT

EXPLANATORY NOTE

The country, being an archipelago composed of 7,641 islands, needs to have its rugged and distant
territories connected via land, air, and sea in order to effectively transport people, goods, and services.
This reality makes the transportation industry critical to the continued acceleration of our country’s
growth.

However, with the increased national importance of transportation, come the unfortunate mishaps
‘on its very conduct. Latest figures show that the rates for road crash deaths have been increasing since
2006, with 2018 numbers reaching 10,012—a 45.76% increase since 2006. MARINA, meanwhile
reported in 2018, that 64 maritime accidents occurred in the country compared to 32 during 2015 and
2016. For aviation watchdog Aviation Safety Network (ASN), there have been 15 fatal airliner accidents
in 2018, which led to 556 deaths, globally.

Following these tragic events, investigations are normally undertaken to ensure the swift and
effective deliverance of justice to the victims or, should such accidents prove fatal, their bereaved
families. Questionable, however, is the objectiveness and truthfulness of these investigations when it is
undertaken by the same government agencies who may have been at fault for their very own misgivings
in the execution of their duties. To address this, an independent and non-regulatory investigative agency
responsible for civil transportation accident investigation is required.

Thus, in furtherance of this representation’s commitment to advanced transportation safety
consciousness, this bill is proposed. It shall establish the Philippine Transportation Safety Board (PTSB),
attached to the Office of the President, and exercising powers and functions over matters pertaining to
civil transportation accident investigation.

In view of the foregoing, immediate approval of this measure is earnestly soughy

iS

Rep. Ranjon V. Guiko IIL


SecxwrxaaAueun

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._2273

Introduced by Pangasinan Fifth District Representative
HON. RAMON V. GUICO IIT

AN ACT
ESTABLISHING THE PHILIPPINE TRANSPORTATION SAFETY BOARD AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Philippine Transportation Safety
Board Act.”

SEC. 2. Declaration of Policy. —It is hereby declared the policy of the State to maintain a safe,
viable, efficient and dependable transportation system as it plays an important role in nation-building and
in promoting economic growth.

Consistent with this policy, the State recognizes the importance of preventing transportation
accidents, thereby saving lives and property, by promoting transportation safety. Towards this end, there
is a need to establish a government agency tasked with promoting safety and efficiency in the
transportation of people, property and goods and conducting investigations to determine the probable
cause of transportation accidents.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Accident reconstruction refers to a systematic process of evaluating the evidence associated
with a particular transportation accident sequence and applying accepted physical principles in order to

ascertain how the transportation accident occurred;


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(b) Carrier refers to a person or corporation who undertakes to transport or convey goods or
persons from one place to another, gratuitously or for hire;

(c) Hazardous materials refer to substances or objects which are toxic, poisonous, explosive,
corrosive, flammable, eco-toxic and infectious which are being disposed of, or are intended to be
disposed of or are required to be disposed of by law;

(d) Pipeline or pipeline system refers to all parts of a pipeline system connected together to
convey hazardous liquid or carbon dioxide between stations or plants that are not adjacent to each other,
including pipe, risers, pig taps, components, appurtenances, isolating valves, pipeline end manifolds
(PLEM) and sectionalising valves but excludes pipes and appurtenances that form part of a piping system
within the operation of a facility, particularly for product transfers;

() Proximate cause refers to that cause, from which an injury results as a natural, direct,
uninterrupted consequence and without which the injury would not have occurred, or the primary cause
of an injury, not necessarily the closest cause in time or space nor the first event that sets in motion a
sequence of events leading to an injury or any foreseeable consequences without the intervention of any
independent or unforeseeable cause, also known as legal cause, which results in injury due to negligence
or an intentional wrongful act;

(£) Transportation accident refers to the damage to or destruction of any means of transportation
in aerial, maritime, and surface transport device designed primarily for, or being used at the time
primarily for conveying persons or goods from one place to another regardless of whether the initiating

event is accidental or otherwise;

(g) Transportation accident investigation refers to a formal and official or systematic
examination, research, process, a searching inquiry or a detailed or careful examination of ascertaining
facts relating to transportation accident for the purpose of accident prevention which includes the
gathering and analysis of information, the drawing of conclusions, including the determination of causes
of transport accidents and, when appropriate, the making of safety recommendations;

(h) Transportation safety refers to protection of people and property through regulation,
management and technology development of all forms of transportation; and

(i) Transportation system refers to a system consisting of the means and the equipment necessary

for the movement of persons or goods.


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CHAPTER IL
CREATION AND ORGANIZATION
SEC. 4. Philippine Transportation Safety Board. — There is hereby created the Philippine
Transportation Safety Board (PTSB).
The PTSB shall have the following objectives:
(a) To prevent future transportation accidents, save lives and reduce injuries and damage to
property;

(b) To ensure implementation of safety procedures that have been identified by the government
agencies responsible for transportation safety;

(©) To conduct objective, precise accident investigations and safety studies;

(d) To advocate and promote safety recommendations and related information to the public,
safety managers, and to the transportation sector.

SEC. 5. Composition and Qualifications. — The PTSB is composed of five (5) full-time
members, including a chairperson and a vice-chairperson. All the members of the PTSB shall have
extensive training and experience in the respective fields of maritime, air, surface and rail transportation
systems, and each must have adequate knowledge in investigation, analysis, and evaluation of
transportation accidents, particularly in the field of accident reconstruction, safety engineering, or
transportation safety.

Members must be Filipino citizens and residents of the Philippines, at least thirty-five (35) years
of age, and persons of good moral character, unquestionable integrity, recognized probity and
competence.

SEC. 6. Chairperson, — The chairperson of the PTSB is the chief executive officer. The
chairperson shall exercise the executive and administrative functions with respect to the appointment and
supervision of personnel, distribution of functions among any administrative units and the use and
expenditure of funds.

The members shall choose from among themselves an acting chairperson in the absence or
incapacity of the chairperson.

SEC. 7. Appointment of Members. — Within sixty (60) days from the effectivity of this Act, the
President of the Philippines shall appoint the first members of the PTSB. Any vacancy shall also be
filled within sixty (60) days from the date the vacancy first arises.


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SEC. 8. Term of Office. — All members shall have a fixed term of six (6) years without
reappointment. Of those first appointed, the chairperson shall hold office for six (6) years, two (2)
members shall hold office for four (4) years and the remaining two (2) members shall hold office for two
(2) years, without reappointment. Upon the resignation or expiration of the term of a member, the said
member shall continue to serve until a successor is appointed and qualified. Appointment to any vacancy
is only for the unexpired term of the predecessor.

No member shall concurrently hold any other government office or position or be employed in
any government-owned or -controlled corporation or entity.

Members may be removed by the President for cause as provided for by law.

SEC. 9. Quorum. —The presence of at least three (3) members shall constitute a quorum and the
majority vote of two (2) members in a meeting where a quorum is present shall be necessary for the
adoption of any rule, ruling, order, resolution, decision or other act of the PTSB in the exercise of its
functions.

SEC. 10. Compensation. — The salary of the chairperson and the members of the PTSB is the
same as those of the chairperson and members of the different Constitutional Commissions. They are
entitled to representation and transportation allowances under existing laws.

SEC. 11. Offices of the PTSB; Functions. — For the proper management and effective
implementation of the objectives of the PTSB, the following offices are established and are mandated to
perform the following functions:

(a) Office of the Executive Director. — The PTSB shall have an executive director who
is appointed by the President of the Philippines upon recommendation of the PTSB. The
executive director must be at least thirty-five (35) years of age at the time of appointment, a
member of the Philippine bar, and engaged in the practice of law for at least ten (10) years
prior to the date of appointment. The appointee must not have been a candidate for any
elective position in the elections immediately preceding the appointment.

The executive director shall have the following functions:
(1) Record and report on the proceedings of the PTSB and administer oaths in all matters
falling within the jurisdiction of the PTSB;

(2) Manage the daily operations of the PTSB;

(3) Act as the custodian of the records, maps, profiles, reports, and other documents and
papers filed in connection with any case or proceedings before the PTSB;


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(4) Exercise supervision over the PTSB laboratory created under this Act;
(5) Implement policies, rules, and directives promulgated by the PTSB; and.

(6) Coordinate and supervise the activities of the different operating units of the PTSB
and perform such other functions as may be assigned by the Chairman or the PTSB.

(b) Office of Public Affairs. - The Office of the Public Affairs provides the general
public, including Congress and the national agencies, the transportation industry, and the
news media, with current and accurate information concerning the work, programs and
objectives of the PTSB.

(c) Office of the General Counsel. ~ The Office of the General Counsel shall have the
following functions:

(1) Provide legal advice and assistance to the PTSB and its staff components;

(2) Prepare rules, opinions and orders, and provide advice to all offices and bureaus on

matters of legal significance; and
(3) Represent the PTSB in court actions to which it is a party or to which it is interested.

(d) Office of Aviation Safety. ~ The Office of Aviation Safety shall have the following

functions:
(1) Conduct investigations of all aviation accidents within the PTSB’s jurisdiction;

(2) Prepare reports for submission to the PTSB and release to the public stating the facts
and circumstances of such accidents, including a recommendation as to the proximate cause or

causes;

(3) Determine the proximate cause or causes of accidents when delegated to do so by the
PTSB;

(4) Initiate safety recommendations to prevent future aviation accidents; and

(5) Conduct special investigations into selected aviation accidents involving safety issues
of concern to the PTSB.

(e) Office of Maritime Safety. — The Office of Maritime Safety shall have the following
functions:


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(1) Conduct investigations of all maritime accidents within the PTSB’s jurisdiction;

(2) Prepare reports, for submission to the PTSB, stating the facts and circumstances of
such accidents, including a recommendation as to the proximate cause or causes, and release the

same to the public;

(3) Determine the proximate cause or causes of accidents when delegated to do so by the
PTSB;

(4) Initiate safety recommendations to prevent future maritime accidents; and

(5) Conduct special investigations into selected maritime accidents involving safety
issues of concern to the PTSB.

(0 Office of Surface Transportation Safety. - The Office of Surface Transportation
Safety shall have the following functions:
(1) Conduct investigations of surface transportation, railroad, pipeline and hazardous
materials accidents within the PTSB’s jurisdiction;

(2) Prepare reports, for submission to the PTSB, stating the facts and circumstances of
such accidents, including a recommendation as to the proximate cause or causes and release the

same to the public;

(3) Determine the proximate cause or causes of accidents when delegated to do so by the
PTSB;

(4) Initiate safety recommendations to prevent future surface transportation accidents; and
(5) Conduct special investigations into selected surface transportation accidents.

(g) Office of Transportation Safety Standards. ~ The Office of Transportation Safety
Standards shall have the following functions:
(1) Prescribe safety standards in all transportation systems in accordance with existing

laws, rules, regulations and international treaties and conventions;

(2) Establish and update the transportation safety standards through continuing research
and in-depth studies; and

(3) Oversee the implementation of the safety recommendations program of the PTSB.


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(h) Office of Research and Engineering. — The Office of Research and Engineering shall
have the following functions:

(1) Provide technical advice and services;

(2) Conduct research and carry out analytical studies and tests on all aspects of the PTSB’s
transportation accident investigation, accident prevention and safety promotion activities;

(3) Conduct safety studies on specific safety issues;
(4) Perform statistical analyses of transportation accidents and incident data;

(5) Maintain archival records of the PTSB’s accident investigation and safety promotion
activities and support public access to these records; and

(6) Support the PTSB’s data processing, computing and information management
requirements.

(i) Administration Office. — The Administration Office is responsible for the custody
and control of all PTSB records required to be preserved and kept. It provides administrative
support to the PTSB in the following areas:

(1) Budget;

(2) Accounting and audit;

(3) Human resource management;

(4) Information management and automatic data processing;

(5) Property, space, communications, facilities and transportation management; and

(6) Printing, publications, mail, procurement, contracting, and accident inquiry services.

The PTSB shall also establish and maintain any other office as may be deemed necessary,
including an office to investigate and report on the safe transportation of hazardous, toxic or waste
materials,

SEC. 12. Personnel. — Subject to civil service laws, rules and regulations and the approval of
the Department of Budget and Management, the PTSB shall determine its own staffing pattern and the
number of personnel of the organization. The PTSB shall, in accordance with existing laws and policies,
select, appoint, employ, and fix the compensation of such officers and employees, including

investigators, and attorneys, as may be necessary to carry out its powers and duties


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SEC. 13. Prohibited Interests. — The chairperson, members, the executive director, and
employees of the PTSB or any of their relatives within the fourth civil degree of consanguinity or affinity,
legitimate or common law, are prohibited from holding any interest whatsoever, either as investor,
stockholder, officer or director, in any company or entity engaged in air, maritime, land and rail
transportation, whether scheduled or unscheduled, passenger or cargo, domestic or international, or in
any business providing support services to persons engaged in areas such as general sales agencies, travel
agencies, cargo forwarders, ground handling, catering, fuel servicing, and maintenance, and must divest,
through sale or legal disposition, of any and all interests in such undertakings upon assumption of office.

No spouse or relative by consanguinity or affinity within the fourth civil degree and no law,
business or professional partner or associate of the chairperson or members may appear as counsel or
agent, or appear for or on behalf of the chairperson or members for pecuniary interest, on any matter
pending before the PTSB or transact business directly or indirectly therewith. The disqualification applies
during the tenure of the official concerned and one (1) year thereafter.

Any violation of this section is subject to removal from the PTSB for cause as well as
administrative, civil or criminal prosecution under applicable laws.

SEC. 14. Seal, ~The PTSB shall have a seal which is officially recognized.

CHAPTER III
POWERS AND FUNCTIONS

SEC. 15. Powers of the PTSB. — The PTSB shall exercise the following powers:

(a) The PTSB, any member thereof, or any officer or qualified employee duly designated by the
chairperson, or upon authority of the PTSB, may conduct hearings, sit and act as such, administer oaths,
and require by subpoena ot subpoena duces tecum through a qualified process server, the attendance and
testimony of such witnesses and the production of such evidence as the PTSB or its employee may deem
necessary. Subpoenas shall be issued under the signature of the chairperson, and may be served by the
person designated by the chairperson.

(b) Any employce of the PTSB, upon presenting appropriate credentials and a written notice of
inspection authority, is authorized to enter any property wherein a transportation accident has occurred
or wreckage of any such accident is located and do all things therein necessary for the proper conduct of
investigation. The employees may inspect, at reasonable times, records, files, processes, controls and
facilities relevant to the investigation of such accident. Each inspection shall commence and be
completed with promptness and the results of such inspection made available to the public within a

reasonable time;


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(c) In case of contumacy or refusal to obey a subpoena, an order or an inspection notice of the
PTSB or any duly designated employee thereof, by any person who transacts business, resides or is found
within the jurisdiction of the Philippines, such person may be required to comply forthwith by a court of
competent jurisdiction, upon the petition of the PTSB. Failure to obey the order is punishable by such
court as contempt of court;

(d) The PTSB shall enter into contracts, leases, cooperative agreements, or other transactions as
may be necessary in the conduct of its functions and the duties under this section, with any government

entity or any person;
(e) The PTSB shall:

(1) Use or lease, when appropriate, available services, equipment, personnel and facilities
of the Department of Transportation (DOTr), the Department of National Defense (DND), the
Department of Public Works and Highways (DPWH), including their attached agencies, and other

agencies and instrumentalities of the government in the conduct of its investigation;

(2) Establish and maintain an adequately staffed laboratory and ancillary facilities for the
purpose of examining evidence obtained during the course of its investigation;

(3) Employ and compensate a recognized third party expert and consultant for its
transportation accident investigation: Provided, That not more than two (2) consultants are
appointed for each transportation accident being investigated: Provided, further, That no officer,
external auditor, or legal counsel of any entity under investigation shall serve as expert or
consultant: Provided, finally, That no officer, external auditor, or legal counsel of any private
company or enterprise primarily engaged in the transportation industry is eligible for appointment
as a consultant of the PTSB within three (3) years from retirement, resignation, or separation
therefrom;

(4) Create advisory committees composed of qualified private citizens and government

officials as may be necessary or appropriate;

(5) Accept voluntary and uncompensated services notwithstanding any other provision of

law; and


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(6) Accept gifts or donations of money or property, including real, personal, mixed,
tangible or intangible, and enter into contracts with public or private non-profit entities for the
conduct of studies related to any of its functions.

(f) The PTSB may order an autopsy to be performed and have other tests made when necessary
to investigate an accident. However, local or national laws protecting religious beliefs related to
autopsies shall be observed to the extent consistent with the needs of the accident investigation. The
PTSB shall be provided with a copy, free of charge, of any autopsy report performed by a national or
local official on an individual who died because of a transportation accident investigated by the PTSB;

(g) After receipt of a notification and confirmation of a transportation accident within the
Philippines involving a domestic or foreign air carrier, domestic or foreign passenger or cargo ship, or
land-based mass transit system, which results in the loss of lives or significant damage to property or to.
the environment, the PTSB shall:

(1) Designate and publicize the name and contact information of the Director of the Office
for Public Affairs or Support Services, which shall be created pursuant to this Act, who is an
employee of the PTSB and is responsible for acting as a contact person within the government
for the families of passengers involved in the accident and a liaison between the carrier involved

in the accident and the families;

(2) Communicate with the families as to the roles of the PTSB, government agencies, and

the carrier involved with respect to the accident and the post-accident activities; and

(3) Request, as soon as practicable, from the carrier involved in the accident and based on
the best available information at the time of the request, a list of the names of all passengers that
were aboard.

‘The foregoing process also applies in accidents involving pipelines which result in loss of lives
or significant damage to property or to the environment.

(h) The PTSB shall coordinate its activities with the carrier involved in the accident so that
resources of the carrier may be used to the greatest extent possible to carry out the responsibilities of the
PTSB;

(i) Whenever the PTSB submits or transmits any budget estimate, budget request, supplemental
budget estimate or other budget information, legislative recommendation, prepared testimony for
congressional hearing, or comment on legislation to the President or the Department of Budget and

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Management, it shall concurrently transmit a copy thereof to Congress. No officer or agency of the
government may require the PTSB to submit its budget request or estimate, legislative recommendation,
prepared testimony for congressional hearing, or comments on legislation, to any officer or agency of
the National Government for approval, comment, or review, prior to the submission of such

recommendation, testimony, or comment to Congress;

(j) The PTSB shall designate qualified employees to serve or assist on such committees as the
chairperson determines to be necessary or appropriate to maintain effective liaison with the Executive
Department, other government agencies, and with independent standard setting bodies carrying out
programs and activities related to transportation safety;

(k) The PTSB, or any qualified employee of the PTSB duly designated by the chairperson, may
conduct an inquiry to secure data with respect to any matter pertinent to transportation safety, upon
publication of notice of such inquiry electronically in the Official Gazette or newspaper of general
circulation; or require, by special or general order, government agencies and persons engaged in the
transportation of people or property to submit written report and answer to such requests or questions as
are propounded with respect to any matter pertinent to any function of the PTSB. Such report and answer
shall be submitted to the PTSB or to such employce within a reasonable period of time as the PTSB may
determine. Copies thereof shall be made available for inspection by the public;

(1) The PTSB shall, in coordination with the relevant law enforcement agencies, promulgate the
necessary protocols in the conduct of its investigations;

(m) The PTSB may delegate any of its power and function to the heads of the different bureaus,
divisions or offices of PTSB to further facilitate the implementation of the provisions of this Act; and

(n) The PTSB shall establish such rules and regulations as may be necessary to the exercise of

its powers and functions under this Act.

SEC. 16. Functions of the PTSB, ~The PTSB shall be the primary government body to conduct
transportation accident investigation in accordance with the provisions of this Act. The PTSB shall have
the following primary functions:

(a) Investigate or cause to be investigated, in such details as it shall prescribe, and determine the
facts, conditions and circumstances, and the cause or probable cause or causes of the following accidents

resulting to a fatality or substantial property damage:


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(1) Aviation accident, except those involving an aircraft operated by the Armed Forces
of the Philippines (AFP) and law enforcement agencies, or occurring within military sites in the

Philippines, or an accident involving solely an aircraft of the armed forces of any foreign country

occurring in the Philippines, which shall be the responsi

lity of the AFP. For the purpose of this
section, “military sites” refer to those areas within the Philippines which are under the control of
the AFP or the military of another country;

(2) Surface transportation accident;
(3) Pipeline, rail, and track accidents;

(4) Maritime accidents, except those involving vessels used by the AFP, occurring on the
navigable waters or territorial seas of the Philippines, or involving a vessel of the Philippines, in
accordance with the regulations to be prescribed jointly by the PTSB and the Secretary of the
DOTr in which the Philippine Coast Guard (PCG) is operating, including any maritime accident

involving a government vessel and any other vessel; and

(5) Other accidents which occur in connection with the transportation of people or
property, equipment or hazardous materials which, in the judgment of the PTSB, are catastrophic,
or involve problems of a recurring character, or would otherwise carry out the above-stated policy
of the State. Nothing herein shall prevent the PTSB from making further inquiries on accidents
already being investigated by existing bodies. The PTSB may require the submission of their

records, reports, findings and recommendations of previous investigations.

(b) Report in writing on the facts, conditions, and circumstances of each accident investigated
pursuant to paragraph (a) of this section and cause such reports to be made available to the public, and
cause the notice of the issuance and availability of such reports electronically when already published in

the Official Gazette or in a newspaper of general circulation;

(©) Issue periodic reports to Congress and government agencies concerned with transportation
safety, and other interested persons recommending and advocating meaningful responses to reduce the
likelihood of recurrence of transportation accidents similar to those investigated by the PTSB, and
proposing corrective steps to make the transportation of persons and goods safe and free from risk of

injury or loss as possible;


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(d) Recommend transportation safety measures to national agencies and private organizations to
reduce the likelihood of recurrences of transportation accidents;

(e) Initiate and conduct special studies and special investigation on matters pertaining to
transportation safety;

(f) Assess and reassess techniques and methods of accident investigation, prepare and publish
from time to time recommended procedures for accident investigation;

(g) Evaluate, assess the effectiveness, and publish the findings of the PTSB with respect to the
transportation safety consciousness and efficacy in preventing transportation accidents, as well as
promote transportation safety consciousness in both the national and local governments;

(h) Evaluate the adequacy of safeguards and procedures concerning the transportation of
hazardous materials and the performance of the transportation system and other government agencies

charged with assuring the safe transportation of such materials;

(i) Gather, analyze and survey, and keep data and statistics related to transportation accidents;

and

(j) Prepare and submit annual reports which include specific proposals for remedial legislation to
the DOTr or the Department of Energy, in the case of pipelines, with copies simultaneously furnished to
the appropriate committees of the Congress.

Other government agencies mandated to investigate concurrently the accidents mentioned in this
section shall coordinate with the PTSB in the performance of their functions. In addition, they shall
support the actions and policies adopted by the PTSB during the conduct of investigation.
CHAPTER IV
SPECIAL BOARD OF INQUIRY AND SAFETY RECOMMENDATION

SEC. 17. Special Board of Inquiry. — (a) If an accident involves a substantial question about

public safety, the PTSB may establish a special board of inquiry composed of the following:
(1) One (1) member of the PTSB acting as chairperson;

(2) Two (2) members representing the public, appointed by the PTSB on notification of the
creation of the special board of inquiry.


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(b) The public members of a special board of inquiry must be qualified by training and experience
to participate in the inquiry and may not have a pecuniary interest in an enterprise related to the means
of transportation involved in the accident to be investigated.

(c) A special board of inquiry has the same authority as the PTSB, with respect to the conduct of
a transportation accident investigation, under this Act.

SEC. 18. Recommendations of the PTSB. — The PTSB shall recommend to the Secretary of the
Department of Trade and Industry (DTI) the recall of any defective means of transportation and to cause
the installation of the required part or parts to make it safe and notify not only the distributor or purchasers
but also the public of such defect. It shall also recommend the grounding of any defective means of
transportation pending the investigation of the cause or nature of its defect. Moreover, the PTSB may
also recommend the denial, amendment, modification, suspension, or revocation of a certificate of public
convenience, registration or franchise if the means of transportation, including the activities of a
commercial carrier, have been found negligent in ensuring transportation safety.

In its report, the PTSB shall include the accountabilities of officials and employees from
regulatory transport agencies if these officials and employees are found to be liable due to their improper
implementation or failure to implement pertinent laws, rules and regulations regarding transportation
safety.

Wherever the PTSB submits a recommendation regarding transportation safety to the DOTr, the
Secretary of Transportation shall respond to each recommendation formally and in writing not later than
thirty (30) days after receipt thereof. The response to the PTSB by the Secretary shall indicate any
intention to:

(a) Initiate and conduct procedures for adopting such recommendation in full, pursuant to a
proposed timetable, a copy of which is included;

(b) Initiate and conduct procedures for adopting such recommendation in part, pursuant to a
proposed timetable, a copy of which is included. Such response shall set forth in detail the reasons for
the refusal to proceed as to the remainder of such recommendation; and

(©) Refuse to initiate or conduct procedures for adopting such recommendation. Such response
shall set forth in detail the reasons for such refusal.

SEC. 19. Disclosure, Availability, and Use of Information. —


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(a) Except as provided in this section, any copy of record, information or report of transportation
accident investigation submitted to the PTSB shall be made available electronically and to the public,
and upon request at reasonable cost;

(b) The PTSB shall not make the records available for purposes other than accident transportation
investigation, unless the appropriate authority for the administration of justice determines that their

disclosure outweighs the adverse domestic and international impact;
(c) The PTSB 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 the subject matter to which the
investigation is related, when requested by that committee;

(3) In a judicial proceeding under a court order that preserves the confidentially of the
information without impairing the proceeding; and

(4) To the public: Provided, That such disclosure shall be for the protection of public

health and safety: Provided, further, That the information so disclosed is not detrimental to pul

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health and safety: Provided, finally, That the disclosure shall be made in a manner designed to
protect and preserve its confidentiality.

(d) The PTSB may not publicly disclose any part of a cockpit voice recording or transcript of oral
communications by and between flight crew members and ground station related to an aviation accident
investigated by the PTSB: Provided, however, That the PTSB shall make public any part of the transcript,
which the PTSB determines to be relevant to the transportation accident when the PSTB:

(1) Holds a public hearing on the accident; or
(2) Release its findings to the public relative to the said accident.

(e) Any law to the contrary notwithstanding, the head of the concerned agency shall, upon order
or written request by the PTSB, provide the following information to the PTSB:

(1) Any report or a confirmed positive toxicological test, verified by the medico-legal
officer of the National Bureau of Investigation (NBI), conducted on an officer or employee of the


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agency concerned with the circumstances of an accident under the investigative jurisdiction of

the PTSB, as a toxicological, post-accident and unsafe practice requirement; and
(2) Any laboratory record documenting that the test is confirmed as positive.

() Except as provided in this section, the PTSB shall maintain the confidentiality of, and exempt
from disclosure:

(1) Laboratory records provided to the PTSB; or

(2) Medical information related to the test or a review of the test voluntarily provided to
the PTSB by the tested officer or employee.

(g) The PTSB may use a laboratory record made available to it under this Act to develop an
evidentiary record in its transportation accident investigation if:

(1) The fitness of the tested officer or employee is at issue in the investigation; and
(2) The use of that record is necessary to develop the evidentiary record.

SEC. 20. Non-admissibility as Evidence. —No part of a report of the PTSB related to a
transportation accident investigation, may be admitted into evidence or used in a civil action for damages
resulting from a matter mentioned in the report. Furthermore, the PTSB shall have immunity from suits
arising from its investigation, pronouncements and findings.

SEC. 21. Assistance to Victims and Families of Victims Involved in Accidents, — The
Department of Social Welfare and Development (DSWD) or a duly-accredited and independent non-
governmental organization (NGO), with experience in disasters and post-trauma communication with
families, shall have primary responsibility for coordinating the emotional care and support of the families
of passengers involved in the accident. The DSWD or the NGO shall be duly designated by the PSTB
for the purpose.

The DSWD or accredited NGO shall meet with the families who have traveled to the location of
the accident, contact the families unable to travel to such location, and contact all affected families
periodically thereafter until such time as the PTSB, in consultation with the DSWD or the NGO so
designated, determines that further assistance is no longer needed.

CHAPTER V
MISCELLANEOUS PROVISIONS,

SEC. 22. Relationship with Other Government Agencies. — Nothing in this Act shall deprive

other government agencies from performing their function of investigating transportation accidents as

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required by existing laws or making inquiries thereon: Provided, That the PTSB is the primary
investigator of any transportation accident enumerated under Section 16 of this Act and the PTSB may
request assistance from other government agencies in conducting its investigation.

The PTSB, at its discretion, may require the submission of the records, findings and
recommendations of the appropriate agency with regard to the investigation or inquiry conducted. For
this purpose, the concerned agency shall submit to the PTSB, within fifteen (15) days from receipt of the
order, said records, findings and recommendations.

In the exercise of its powers, the PTSB shall take into consideration 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 PTSB has assumed jurisdiction.

SEC. 23. Annual Report, ~The PTSB shall submit to both Houses of Congress an annual report
at the end of each year. Such report includes the following:

(a) A statistical and analytical summary of transportation accident investigations conducted and
reviewed by the PTSB during the preceding calendar year,

(b) A survey and summary, in such detail as the PTSB deems advisable, of the recommendations
made by the PTSB to reduce the likelihood of recurrence of such accidents together with the observed

response to each recommendation;

(c) An appraisal in detail of the accident investigation and accident prevention activities of other

government agencies charged by law with responsibility in this field; and

(d) Recommendation for legislative and administrative actions or changes with respect to
transportation safety.

SEC. 24. Privacy Protection. — Nothing in this Act shall be construed as weakening the
protections mandated under Republic Act No. 10173, otherwise known as the “Data Privacy Act of
2012.”

SEC. 25, Fiscal Autonomy. — The PTSB enjoys fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.

SEC. 26. Appropriations. — The amount of Thirty million pesos (P30,000,000.00) is
appropriated to finance the operation of the PTSB for the first year out of the funds of the National
Treasury not otherwise appropriated. Thereafter, such amounts as may be necessary and sufficient to

finance its operations and activities shall be included in the annual General Appropriations Act.


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SEC. 27. Transportation Safety Fund. —(a) There is hereby created a Transportation Safety
Fund, hereinafter known as the Fund, to be deposited in a special trust fund to be administered by the
PTSB. The Fund shall be funded from:
(1) Savings from the annual operating expenses of the PTSB; and

(2) Monetary donations and gifts received by the PTSB under Section 15 of this Act.

(b) Subject to the usual accounting and auditing rules and regulations, the Fund shall be used

exclusively for the following purposes:
(1) Operation expenses in investigating major accidents;

(2) Initiate 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 persons mobilized by the PTSB in investigating major accidents; and

(4) Training and related conferences to further and enhance the expertise of the officers
and employees of the PTSB under the provisions of this Act.

CHAPTER VI
FINAL PROVISIONS

SEC. 28. Implementing Rules and Regulations. — Within sixty (60) days from the effectivity of
this Act, the PTSB, in coordination with the Department of Justice, Department of Transportation and
Communications, Philippine Coast Guard, Department of National Defense, Department of Public
Works and Highways, Philippine National Police, Department of Energy, and Department of Trade and
Industry, shall promulgate the implementing rules and regulations for the effective implementation of
this Act. The IRR shall provide procedures geared towards streamlined processes and swift justice by
observing timeline or deadline in rendering decisions and issuances, plain writing or easy-to-understand
instructions, and over-all safety and improvement of the transportation industry.

SEC. 29. Separability Clause. — If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and effect.

SEC. 30. Repealing Clause. — All laws, decrees, orders, proclamation, rules and regulations, or
parts thereof, which are inconsistent with any of this Act are hereby repealed, amended, or modified
accordingly.


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SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) national newspapers of general circulation.

Approved,