Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGTHEENTH CONGRESS

First Regular Session

HOUSE BILL NO. _

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

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

1 Be it enacted by the Senate and House of Representatives in Congress of the Philippines
2 Assembled:

3 CHAPTER I
4 GENERAL PROVISIONS
5 SECTION I. Short Title. - This Act shall be known as the “National Transportation

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

10 — Consistent with this policy, the State recognizes the importance of

11 _ preventing transportation accidents, thereby saving lives and property, by


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promoting transportation safety. Towards this end, there is a need to
establish a government agency tasked with promoting transportation safety
and efficiency in the transportation of people, property and goods and
conducting investigations to determine the probable causes of transportation
accidents.

CHAPTER IL
CREATION AND ORGANIZATION

SI

3. National Transportation Safety Board. - There is hereby
created the National Transportation Safety Board (NTSB) which shall be
attached to the Office of the President.
The NTSB 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;
c) To conduct objective, precise accident investigations, and safety studies;
d) To assist the victims of transportation accidents and their
families and ensure that they receive timely and commensurate assistance
from the transport operators, other government agencies, and
community service organizations; and

e) Advocate and promote safety recommendations and related information to


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the public, safety managers, and to the transportation sector.

SEC. 4. Board Members; Qualifications. - (a) The NTSB shall be composed

of a Chairperson and four (4) full time members.

(b) A member of the NTSB must be:

(1) Annatural-born citizen and resident of the Philippines;

(2) Atleast thirty-five (35) years of age;

(3) A person of good moral character, unquestionable integrity,
recognized probity, and competence.

(c) The NTSB must be composed of experts in the following fields:

(1) One (1) member must have extensive training and experience of at
least ten (10) years in air transportation;

(2) Two (2) members must have extensive training and experience of at
least ten (10) years in maritime transportation;

(3) Two (2) members must have extensive training and experience of at
least ten (10) years in land transportation; and

(4) One (1) member must have extensive training and experience in rail
transportation.

(d) The members of the NTSB must also have adequate knowledge in
investigation, analysis and evaluation of transportation accidents, particularly

in the field of accident reconstruction, evaluation of evidence and


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transportation safety.

SEC. 5. Chairperson. - The Chairperson of the NTSB shall be the chief
executive officer and shall exercise the executive and administrative functions
thereof with respect to the appointment and supervision of personnel employed
by the NTSB, distribution of functions among any administrative units of the
NTSB and the use and expenditure of funds.

The members of the NTSB will choose from among themselves an acting

Chairperson in the event of absence or incapacity of the Chairperson.

SEC. 6. Appointment of NISB Members. - The President of the Philippines
shall appoint the first members of the NTSB within sixty (60) days from the
effectivity of this Act. Any vacancy in the NTSB shall also be filled within

sixty (60) days from the date the vacancy first arises.

SEC. 7. Term of Office. - All members of the NTSB 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 expiration of the term of a

member of the NTSB, the said member shall continue to serve until a


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successor is appointed and shall have qualified. Appointment to any vacancy
shall only be for the unexpired term of the predecessor.

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

Members of the NTSB may be removed by the President for cause as provided

for by law.

SEC. 8. Prohibited Interests. - The Chairperson and members of the NTSB or
any of their relatives within the fourth civil degree of consanguinity or affinity,
legitimate or common law, shall be 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, maintenance, and must
divest, through sale or legal disposition, of any and all interests in such undertakings
upon assumption of office. Any violation of this section shall subject the member
concerned to removal from the NTSB for cause as well as administrative, civil or

criminal prosecution under applicable laws.


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SEC. 9. Quorum. - The presence of at least three (3) members of the NTSB
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 NTSB in the

exercise of its functions.

SEC. 10. Compensation. - The salary of the Chairperson and the members
of the NTSB shall be the same as those of the Chairperson and Members of the
different Constitutional Commissions. They shall also be entitled to
computable representation and transportation allowances in the amount of not
less than Five thousand pesos (P5,000.00) each per month. The salary of the
Chairperson and Members of the NTSB shall not be decreased during their

tenure.

SEC. 11. Offices of the NTSB. - The NTSB shall establish and maintain
distinct and appropriately staffed bureaus, divisions or offices to investigate
and report on accidents in any of the following modes of transportation: a) air,
b) maritime; c) land; and d) railroad or tracked vehicles.

The NTSB shall also establish and maintain any other office as is
needed, 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 NTSB is
authorized to determine its own staffing pattern and the number of personnel of
the organization. The NTSB is also authorized, in accordance with existing
laws and policies, to select, appoint, employ, and fix the compensation of such
officers and employees, including investigators, and attorneys, as shall be
necessary to carry out its powers and duties.

SEC. 13. Seal. - The NTSB shall have a seal which shall be officially

recognized.

CHAPTER IIL
POWERS AND FUNCTIONS.

SEC. 14. Powers of the NTSB. - The NTSB shall exercise the following
powers:

a) The NTSB, or upon authority of the NTSB, any member thereof,
or any officer or employee duly designated by the chairperson, may conduct
such hearings, sit and act as such times and places, administer such oaths and
require by subpoena or subpoena duces tecum the attendance and testimony of
such witnesses and the production of such evidence as the NTSB or such

officer may deem necessary. Subpoenas shall be issued under the signature of


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the chairperson, and may be served by the person designated by the
chairperson.

b) Any employee of the NTSB, 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
reasonable promptness and the results of such inspection made available to the
public within a reasonable time;

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

d) The NTSB is authorized to enter into such contracts, leases,
cooperative agreements, or other transactions as may be necessary in the
conduct of the functions and the duties of the NTSB under this Section, with

any government entity or any person;


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e) The NTSB is authorized to:

1) Use, on a reimbursable basis or otherwise, when appropriate,
available services, equipment, personnel and facilities of the Department
of Transportation, the Department of National Defense, the Department
of Public Works and Highways, including their attached agencies, and
other agencies and instrumentalities of the government in the conduct of
its investigations;

2) Employ recognized experts and consultants on the accidents
under investigation who shall be paid by compensation fixed by the
NTSB: Provided, That not more than two consultants shall be
appointed for each incident being investigated;

3) Create advisory committees composed of qualified private
citizens and government officials as it deems necessary or appropriate;

4) Accept voluntary and uncompensated services notwithstanding
any other provision of law; and

5) 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 NTSB may order any autopsy to be performed and have

other tests made when necessary’ to investigate an accident. However, local or


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national laws protecting religious beliefs related to autopsies shall be observed
to the extent consistent with the needs of the accident investigation. With or
without reimbursement, the NTSB may obtain a copy of an autopsy report
performed by a State or local official on an individual who died because of a
transportation accident investigated by the NTSB;

2) ‘As soon as practicable after being notified of a transportation
accident within the Philippines involving a domestic or foreign air carrier,
domestic or foreign passenger or cargo ship, land based mass transit system
which results in the loss of lives or significant damage to property or to the
environment, the NTSB shall:

1) Designate and publicize the name and phone number of the

Director of the Office for Public Affairs or Support Services, which shall

be created pursuant to this Act, who shall be an employee of the NTSB

and shall be responsible for acting as a point of contact within the

Government for the families of passengers involved in the accident and a

liaison between the carrier and the families;

2) Designate the Department of Social Welfare and Development

(DSWD) or an independent non-governmental organization (NGO), with

experience in disasters and post-trauma communication with families,

which shall have primary responsibility for coordinating the emotional

care and support of the families of passengers involved in the accident,


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3) Meet with the families who have traveled to the location of the
accident, to contact the families unable to travel to such location, and to
contact all affected families periodically thereafter until such time as the
NTSB, in consultation with the DSWD, determines that further assistance
is no longer needed;

4) Communicate with the families as to the roles of the NTSB,
government agencies, and the carrier involved with respect to the accident
and the post-accident activities; and

5) Request, as soon as practicable, from the carrier involved in the
accident a list, which is based on the best available information at the time
of the request, of the names of the passengers that were aboard the
transport involved in the accident
h) ‘To the extent practicable, the NTSB shall coordinate its activities

with the carrier involved in the accident so that the resources of the carrier can
be used to the greatest extent possible to carry out the Board's responsibilities;
i) Whenever the NTSB submits or transmits any budget estimates,
budget request, supplemental budget estimate, or other budget information,
legislative recommendation, prepared testimony for Congressional hearings, or
comment on legislation to the President or the Department of Budget and
Management, it shall concurrently transmit a copy thereof to the Congress. No

officer or agency of the government shall have any authority to require the


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NTSB to submit its budget requests or estimates, legislative recommendations,
prepared testimony for congressional hearings, or comments on legislation to
any officer or agency of the National Government for approval, comments, or
review, prior to the submission of such recommendations, testimony, or
comments to the Congress;

i The NTSB is empowered to designate representatives to serve or
assist on such committees as the Chairperson determines to be necessary or
appropriate to maintain effective liaison with executive departments, other
government agencies, and with independent standard setting bodies carrying
out programs and activities related to transportation safety;

k) The NTSB or any employee of the NTSB 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 in
the Official Gazette or newspaper of general circulation; and may require, by
special or general orders, government agencies and persons engaged in the
transportation of people or property in commerce to submit written report and
answers to such requests or questions as are propounded with respect to any
matter pertinent to any function of the NTSB. Such reports and answers shall
be submitted to the NTSB or to such employee within a reasonable period of
time as the NTSB may determine. Copies thereof shall be made available for

inspection by the public;


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

m) _ Establish such rules and regulations as may be necessary to the

exercise of its powers and functions under this Act.

SEC. 15. Functions of the NTSB. - The NTSB shall be the primary
government body to conduct accident investigations in accordance with the
provisions of this Act.

The following are the primary functions of the NTSB:

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:

1) Aircraft accident, except those involving aircraft operated by the

‘Armed Forces of the Philippines 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 responsibility of the military. For the
purpose of this Act, the term “military sites” means those areas within the

Philippines which are under the control of the military of the Philippines


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or the military of another country.;”

2) Land transportation accident;

3) Railway accident;

4) Maritime accident, except those involving only vessels used by
the Armed Forces of the Philippines, 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 NTSB
and the Secretary of Transportation in which the Coast Guard is
operating. Any maritime accident involving a public vessel and any other
vessel shall be investigated and the facts, conditions, and circumstances,
and the cause or probable cause determined and made
available to the public by either the NTSB or the Secretary of
‘Transportation; 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 NTSB, is catastrophic, involve problems of a recurring
character, or would otherwise carry out the above-stated policy of the
State. Nothing therein shall prevent the NTSB from making further
inquiries on accidents already investigated by existing accident-
investigating bodies. Furthermore, the NTSB may require the submission

of their records, reports, findings and recommendations of past


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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 notice of the issuance
and availability of such reports when already published in the Official Gazette
‘or 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
NTSB and proposing corrective steps to make the transportation of persons and
goods as safe and free from risk of injury or loss as possible;

d) Make transportation safety recommendations to national agencies
and private organizations to reduce the likelihood of recurrences of
transportation accidents,

e) Initiate and conduct special studies and special investigations on
matters pertaining to safety in transportation,

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

2) Evaluate, assess the effectiveness, and publish the findings of the


NTSB with respect to the transportation safety consciousness and efficacy in
preventing accidents of other government agencies, 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 carriers 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

i) Prepare and submit annual reports which shall include specific
proposals for corrective legislation to the Department of Transportation, with
copies simultaneously furnished to the appropriate committees of the Senate
and the House of Representatives

Other government agencies mandated to investigate concurrently the
accidents mentioned in this section shall coordinate with the NTSB in the
performance of its functions. In addition, it shall give full support to the

actions and policies dictated by the NTSB during the conduct of investigations.


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CHAPTER IV
SPECIAL BOARD OF INQUIRY
AND SAFETY RECOMMENDATIONS

SEC. 16. Special Board of Inquiry. - (a) If an accident involves a
substantial question about public safety, the NTSB may establish a special
board of inquiry composed of the following:

i) One (1) member of the NTSB acting as chairperson;

ii) Two (2) members representing the public, appointed by the

President of the Philippines on notification of the creation of the
special board of inquiry.
(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 mode of
transportation involved in the accident to be investigated
(c) A special board of inquiry has the same authority that the NTSB has

under this Act.

SEC. 17. Recommendations of the NTSB. - The NTSB shall recommend to

the Secretary of Transportation the recall of any defective conveyance 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 conveyance pending the
investigation of the cause or nature of its defect. Moreover, the NTSB may also
recommend the denial, amendment, modification, suspension, or revocation of
a certificate of public convenience, registration or franchise if the modes of
conveyance, including the transportation activities of a commercial carrier,
have been found negligent in ensuring transportation safety.

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

any intention to:


i) Initiate and conduct procedures for adopting
such
recommendation in full, pursuant to a proposed timetable, a
copy of which shall be included;
ii) Initiate and conduct procedures for adopting
such
recommendation in part, pursuant to a proposed timetable, a
copy of which shall be included. Such response shall set forth
in detail the reasons for the refusal to proceed as to the
remainder of such recommendation; and
iii) Refuse to initiate or conduct procedures for adopting such
recommendation. Such response shall set forth in detail the

reasons for such refusal

SEC. 18. Use of Reports in Actions for Damages. - No part of any
report of the NTSB relating to any accident or the investigation thereof,
shall be admitted as evidence or used in any suit or action for damages
arising out of any matter mentioned in such report or reports.
Furthermore, the NTSB shall have immunity from suits arising from its

investigation, pronouncements and findings.

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CHAPTER V
MISCELLANEOUS PROVISIONS

SEC. 19. Relationship with Other Government Agencies. - Nothing in
this Act shall deprive other government agencies from performing their
function of investigating transportation accidents as required by existing
laws or making inquiries thereon: Provided, That the NTSB shall be the
primary investigator of any transportation accident enumerated under
Section 15 of this Act and the NTSB may request assistance from other
government agencies in conducting its investigation

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

In the exercise of its powers, the NTSB 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 NTSB assumed jurisdiction.

SEC. 20. Annual Report. - The NTSB shall submit to both Houses
of Congress an annual report at the end of each year. Such report shall

include the following:


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

b) A survey and summary, in such detail as the NTSB deems
advisable, of the recommendations made by the NTSB 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) Recommendations for legislative and administrative actions

or changes with respect to transportation safety.

SEC. 21. Fiscal Autonomy. - The NTSB shall enjoy fiscal
autonomy. Their approved annual appropriations shall be automatically

and regularly released.

SEC. 22. Appropriations. - The NTSB shall receive an
appropriation in the amount of Thirty Million Pesos (P30,000,000.00) to
finance its operation for the first year to be appropriated 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.

CHAPTER VI
FINAL PROVISIONS

SEC. 23. 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. Adopted.

SEC. 24. 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

SEC. 25. 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,

2B