Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. ly

Introduced by Rep. ANGELO MARCOS BARBA.
24 District, [locos Norte

EXPLANATORY NOTE

This Bill seeks to create an independent and non-regulatory agency mandated
to effectively investigate transportation accidents, assembling the broad spectrum of
technical expertise that is needed to solve complex transportation safety problems on
land, sea and air including railway and pipeline systems.

One of the biggest challenges in our country is the occurrence of various
transportation accidents. This growing problem remains unresolved and oftentimes,
agencies tasked to investigate such accidents are faced with a lot of criticisms due to
their failure to resolve such incidents.

Thus, the creation of the Philippine Transport Safety Board (PTSB) is
necessary to take the lead in conducting an impartial investigation and provide
thorough accident and incident reports that will determine the probable cause or
causes thereof. This independent body shall also provide recommendations and
conclusions to prevent future accidents, save lives, reduce injuries and property
damages.

PTSB shall have extensive training and experience in the respective field of
marine, air, highway and rail transportation systems, and must have adequate
knowledge in investigation, analysis, and evaluation of transportation accidents,
particularly in the field of. accident reconstruction, safety engineering, or
transportation safety.

Safety in our transportation system is of primordial concern. We believe that
the PTSB will be an effective vehicle to ensure that all modes of transportation in the
country are conducted safely.

The same measure was filed in the Seventeenth Congress, which were
consolidated by the Committee on Government Reorganization but due to lack of
material time, the House was not able to take positive action on this Bill.

In view of the foregoing, the support of the Members of Congress is earnestly

sought for the prompt passage of this bill.
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. peat

Introduced by Rep. ANGELO MARCOS BARBA
2" District, Ilocos Norte

ESTABLISHING THE PHILICPINE TRANSPORTATION SAFETY
BOARD, DEFINING ITS POWERS AND FUNCTIONS, AND
APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:
ARTICLEI
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 cause of transportation accidents.

ARTICLE II
CREATION

SEC. 3. Philippine Transportation Safety Board. - There is
hereby created a Philippine Transportation Safety Board (PTSB), a
non-regulatory and independent agency to implement the foregoing policies
of the State. The PTSB shall be an independent agency under the Office of the


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President and shall develop appropriate safety standards to be followed and
implemented by concerned agencies.

It shall have the following objectives:

(a) Improve transportation safety measures in order to prevent
transportation accidents or mitigate dangers to human lives and property;
and

(b) Ensure the implementation of transportation safety standards.

The PTSB shall be the primary government body that shall investigate
and determine the facts, conditions, circumstances and the causes of any
major or fatal air, maritime and land transportation accident, or threat of a
major or fatal air, maritime or rail accident. Accidents involving aircrafts,
vessels and vehicles operated by the Armed Forces of the Philippines (AFP), or
occurring within military sites in the Philippines, or those involving solely
aircrafts, vessels and vehicles of the armed forces of any foreign country
occurring in the Philippines shall be the responsibility of the AFP.

SEC. 4, Jurisdiction. - The PTSB shall have jurisdiction over all major
or fatal transportation accidents or those of alarming nature resulting in
serious physical injury or loss of life or property or causing substantial
damage to or destruction of property or surroundings.

A major or fatal transportation accident shall include:

(a) Capsizing or grounding of a ship or marine vessel;

(b) Collision of ships or vessels;

(©) Air crash or collision of aircrafts;

(d) Overshooting or emergency landing of an aircraft;

(e) Vehicular crash or collision of motor vehicles; and

(®) Derailment of trains.

The jurisdiction of the PTSB shall extend to similar accident or incident
with alarming magnitude such as, but not limited to:

(a) Contamination of air or water due to pipe leakage; and

(b) Failure or defect of transportation infrastructure facilities.

SEC. 5. Powers and functions of the PTSB. -The PTSB shall
have the following powers and functions:

(a) Evaluate and harmonize transportation safety standards with
international safety standards of applicable conventions, treaties and best


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practices in transportation safety including those developed by transportation
agencies, and recommend its implementation to all sectors of Philippine
transportation;

(b) Conduct hearings and investigations concerning any major or fatal
transportation accident, and conduct special studies on matters pertaining to
safety in transportation: Provided, That the Board shall not be prevented from
making further inquiries on accidents subject of past investigations and shall
require the investigating bodies to submit the pertinent records, reports,
findings and recommendations: Provided further, That other agencies
mandated to investigate concurrently such accidents shall coordinate with,
cooperate with and extend its full support to the Board during the conduct of
investigation;

(c) Require the involvement or collaboration of the members of the
academe and the non-government organizations in investigations requiring
their expertise and knowledge;

(d) Recommend to the concerned government agencies and private
organizations the adoption of transportation safety standards and measures
that will improve transportation safety;

(e) Prepare a written reports regarding its investigations and special
studies, including the findings and safety recommendations thereon and make
such reports available to the public;

(f) Assess and evaluate the techniques and methods of accident
investigation and prepare and publish from time to time the recommended
procedures for accident investigations;

ARTICLE II
ORGANIZATION

SEC. 6. Composition, Qualifications, and Appointment of
the Members of the Governing Board. - The governing Board,
hereinafter referred to as the Board, shall be composed of five (5) full-time
members, including a Chairperson. All the members of the Board shall have
extensive training and experience in their respective transportation fields 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.


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

Within sixty (60) days from the effectivity of this Act, the President of
the Philippines shall appoint the first members of the Board. Any member
may be removed by the President for cause as provided for by law.

In case of incapacity or absence of the Chairperson, the members shall
choose from among themselves an acting Chairperson.

SEC. 7. Term of Office. - All members shall have a fixed term of
six (6) years. 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. Upon the
expiration of the term of office 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. Such vacancy
shall be filled within sixty (60) days from the date of its occurence.

SEC. 8. Powers and Functions of the Governing Board. -
The powers and functions of the PTSB shall be vested in and exercised by the
Board.

The Board shall have the following powers and functions:

(a) Cite for contempt any person in case of contumacy or refusal to
obey subpoena, an order, or an inspection notice of the Board;

(b) Authorize any of its employees to enter any property where a
transportation accident has occurred, or where wreckage is found, or where
any such accident is located, and do all things necessary for the proper
conduct of investigation. The authorized employee may inspect, at a
reasonable time, records, files, processes, controls and facilities relevant to the
investigation of such accident. Each inspection shall be commenced and
completed with reasonable promptness and the results thereof shall be made
available to the concerned parties;

(©) Enter into contracts or agreements with any person or entity as
may be necessary in the conduct of its powers and functions, including the
employment of experts on accidents under investigation;


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(qd) Use, when appropriate, available services, equipment, personnel
and facilities of the other agencies and instrumentalities of the government in
the conduct of its investigation;

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

(f) Create advisory committees composed of qualified private citizens
and government officials as may be necessary or appropriate;

(g) Authorize an autopsy to be performed and have other tests made
when necessary to investigate an accident: Provided, That local or national
laws protecting religious beliefs related to autopsies shall be observed to the
extent consistent with the needs of the accident investigation: Provided,
further, That the Board shall be provided with a copy, free of charge, of any
autopsy report performed by a national or local official;

(h) Coordinate 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;

(Require government agencies and persons engaged in
transportation to submit written report with respect to any matter pertinent to
transportation safety, such report to be submitted within a reasonable period
of time as determined by the PTSB;

G) Promulgate, in coordination with the relevant law enforcement
and investigating agencies, the necessary protocols in the conduct of its
investigations;

(k) Delegate any of its powers and functions to the heads of the
different bureaus, divisions or offices of the PTSB to further facilitate the
implementation of the provisions of this Act; and

@) Accept voluntary and uncompensated services, gifts or donations
notwithstanding any other provision of law to the contrary.

SEC. 8. Chairperson; Duties and Powers. — The Chairperson
shall be the chief exectitive and administrative officer of the PTSB. The
Chairperson shall:

(a) Administer oaths and issue subpoena duces tecum or subpoena
ad testificandum: Provided, That subpoenas shall be issued under the


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signature of the Chairperson and may be served by any officer, personnel or
employee of the PTSB as designated by the Chairperson;

(b) Execute and carry out the policies, decisions, orders, and
resolutions approved by the Board;

(c) Direct and supervise the operations and internal administration of
the PTSB, including enforcement of disciplinary actions;

(d@) Sign appointments, make temporary assignments, rotate and
transfer of personnel in accordance with law;

(©) Prepare the annual budget of the PTSB for approval by the Board;

(f) Supervise the expenditures of the PTSB;

(g) Delegate his/her authority, in whole or in part, to other officials of
the PTSB in accordance with Executive Order No. 292, otherwise known as
the Administrative Code of 1987, as amended, and the rules and regulations of
the Board; and

(h) Perform such other functions as may be authorized by the Board.

SEC. 10. Quorum. - The presence of at least three (3) members
shall constitute a quorum and the majority vote of members present shall be
necessary for the adoption of any rule, ruling, order, resolution, decision or
other acts of the Board.

SEC. 11. Compensation. - The salary of the Chairperson and the
members of the Board shall be the same as those of the Chairperson and
members of the different Constitutional Commissions. They shall be entitled
to representation and transportation allowances under existing laws.

SEC. 12. Offices of the PTSB. - For the proper management and
effective implementation of the objectives of the PTSB, the following offices
are hereby established:

(a) Office of the Executive Director. - The PTSB shall have an
Executive Director who shall be appointed by the President of the Philippines
upon recommendation of the Board. 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.


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‘The Executive Director shall assist the Chairperson in the discharge of
his functions as executive and administrative head of the Board and be
responsible for the day-to-day management of the PTSB; record and report
the proceedings of the Board; have custody of records, maps, profiles, reports,
and other documents filed in connection with any case or proceedings before
the PTSB; supervise the PTSB laboratory; and, perform such other functions
as may be assigned by the Chairperson or the Board.

(b) Office of Aviation Safety. - The Office of Aviation Safety shall
conduct investigations of all aviation accidents and submit the corresponding
reports and necessary transportation safety recommendations to the Board.

(©) Office of Maritime Safety. - The Office of Maritime Safety shall
conduct investigations of all maritime accidents and submit the corresponding
reports and necessary transportation safety recommendations to the Board

(d) Office of Surface Transportation Safety. - The Office of Surface
Transportation Safety shall conduct investigations of road transportation,
railroad, and pipeline accidents and submit the corresponding reports and
necessary transportation safety recommendations to the Board.

(e) Office of Transportation Safety Standards. - The Office of
Transportation Safety Standards shall prescribe safety standards in all
transportation systems; establish and update transportation safety standards
through continuing research and in-depth studies; and oversee the
implementation of the safety recommendations program of the PTSB.

(f) Office of Research and Engineering. — The Office of Research and
Engineering shall provide technical advice and services to the PTSB; 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; conduct safety studies on specific safety issues; perform
statistical analyses of transportation accidents and incident data; maintain
archival records of the PTSB’s accident investigation and safety promotion
activities; and, support the PTSB’s data processing, computing and
information management requirements.

(g) Office of the General Counsel. - The Office of the General Counsel
shall provide legal advice and assistance to the PTSB and its officers,


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personnel and employees; prepare rules, opinions and orders; and represent
the PTSB in court actions and other proceedings.

(h) Office of Public Affairs. - The Office of Public Affairs shall provide
the general public, including Congress and the national agencies, the
transportation industry, and the media with current and accurate information
concerning the activities, programs and objectives of the PTSB.

(i) Administration Office. - The Administration Office shall provide
administrative support in the following aspects: budget; accounting and audit;
human resource management; information and automatic data processing
management; property, space, communications, facilities and transportation
management; and, printing, publications, correspondence, procurement,
contracting, and accident inquiry services.

SEC. 13. Personnel. - Subject to civil service laws, rules and
regulations, and the approval of the Department of Budget and Management,
the Board shall determine its own staffing pattern and the number of
personnel of the — organization. The Board 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.

SEC. 14. Prohibited Interests. - The Chairperson, members of the
Board, officers, and employees shall not, during their tenure, hold any other
office or employment. Neither shall they engage in the practice of any
profession or in the active management or control of any business which, in
any way, may be affected by the functions of their office, nor shall they be
financially interested, directly or indirectly, in any contract with, or in any
franchise or privilege, granted by the government and its subdivisions,
agencies or instrumentalities, including government-owned or controlled
corporations or their subsidiaries. They shall directly avoid conflict of interest
in the conduct of their 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 on any matter
pending before the Board or transact business directly or indirectly therewith.


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The disqualification shall apply during the tenure of the official
concerned and one (1) year thereafter.

Any violation of this section shall be a ground for removal from the
PTSB as well as administrative, civil or criminal prosecution under applicable
laws,

SEC. 15. Recommendations of the Board. — The Board shall
submit a recommendation regarding transportation safety to the appropriate
government agencies of which they shall respond to each recommendation
formally and in writing not later than thirty (30) days after receipt thereof.
The failure on the part of the concerned agency to abide by the
recommendation of the Board without any justifiable reason shall be a ground
for administrative liability of the head of the agency or concerned official as
well as other sanctions as provided under existing laws.

The Board shall recommend to the appropriate government agencies
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 purchaser 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 Board
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, as well as suspension or revocation of license, as the
case may be.

In its report, the Board shall include the accountabilities of officials and
employees of regulatory transport agencies who fail to properly implement the
transportation safety standards provided under pertinent or applicable
conventions, treaties, laws, rules and regulations.

SEC, 16. Disclosure, Availability, and Use of Information.
— (a) Except as provided in this section, any copy of record, information or
report of investigation submitted to the PTSB shall be made available to the
public upon request and payment of reasonable cost;

(b) The Board shall not make the records available for purposes other
than accident or incident investigation, unless the appropriate authority for


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the administration of justice determines that their disclosure outweighs the
adverse domestic and international impact;

(c) The Board 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. Ina judicial proceeding under a court order that preserves the
confidentiality 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 disclosure
shall be made in a manner designed to protect and preserve its confidentiality.

(@) The Board shall 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 accident or incident investigated by
the PTSB: Provided, That the PTSB shall make public any part of the
transcript that it deems relevant to the said accident or incident:

1.When the PTSB holds a public hearing on the accident or incident;
or

2. When the PTSB makes public its findings relative to the said
accident or incident.

(f) Except as provided in Section 15 (b) of this Act, the Board shall
maintain the confidentiality of, and exempt from disclosure:

1.Laboratory records provided to the Board; and

2. Medical information related to the test or a review of the test
voluntarily provided to the Board by the tested officer or employee:

(g) The Board may use a laboratory record of a person made available
to it under this Act to develop an evidentiary record in its investigation of an
accident or incident where the fitness of such person is at issue. -

SEC. 17, Non-admissibility as Evidence. - No part of a report
of the PTSB related to a transportation accident investigation may be admitted
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1, Operational expenses in investigating transportation accidents;

2. Studies and research on transportation safety;

3. Reimbursement of extraordinary expenditures and expenses of
government and private agencies and persons mobilized by the Board in
investigating transportation accidents; and

4. Training and related conferences to enhance the expertise of the
officers, personnel and employees of the PTSB.

SEC. 23. 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.

SEC. 24. 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, Department of Public
Works and Highways, Department of Energy, Department of Trade and
Industry and the Philippine National Police, shall promulgate the
implementing rules and regulations for the effective implementation of this
Act.

SEC. 25. Separability Clause. - If any provision or part of this
Act is declared invalid or unconstitutional, the remaining parts or provisions
not affected thereby shall remain in full force and effect.

SEC. 26. Repeating Clause. — All laws, decrees, orders, proclamation, rules and
regulations, or parts thereof, which are inconsistent with any provision of this Act are hereby
repealed, amended, or modified accordingly.

SEC. 27. Hffectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved,