16th CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S.B. No. 2624 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
fCB -) f\ 9 :24 
The transportation industry, be it land, sea, or air, has been beleaguered by tragic mishaps 
that have resulted in the loss of lives and damage to properties. What makes these unfortunate 
occurrences in the transportation industry more excruciating to our countrymen is that the 
government agencies concerned do not seem to learn from these. The bill seeks to provide a 
coordinated and streamlined response to the numerous accidents hounding the transportation 
industry. 
The National Transportation Safety Board is to conduct independent accident 
investigation; support safety programs based on continuing and objective reviews of causes or 
reasons for unsafely; appraise and assess operating practices and regulations of government 
agencies involved in the transportation sector, insofar as they affect safety, and if appropriate, 
shall initiate, coordinate, formulate, or promulgate safety improvement standards for the 
observance and implementation by the concerned government agencies andlor private entities. 
In view of the foregoing, to provide a coordinated and streamlined response to transport 
accidents and disasters and to ensure the improvement in the safety of the transportation sector in 
the Philippines, consequently, the passage of this bill is strongly recommended. 
G REVILLA, JR. 


,\ 
f':j,' t,' 
, IPlllil r (1' iii" ~~~(irl!lr~ 
16th CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
. i'j 
FEB -3 
1\ 9 :24 
Second Regular Session 
) 
SENATE 
S.B. No. 2624 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
CREATING A NATIONAL TRANSPORTATION SAFETY BOARD, 
PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING 
FUNDS THEREFOR, AND FOR OTHERS PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
I 
SECTION 1. Short Title - This Act shall be known and cited as the 
2 
"Transportation Safety Act of 20 15". It shall hereinafter be referred to as the "Act". 
3 
4 
SECTION 2. Declaration of Policy - It is hereby declared the policy of the State 
5 
to promote safety in the transportation of people and goods through cost-effective 
6 
measures that either prevent, remedy, or mitigate accidents involving any mode of 
7 
transportation, including pipelines and conveyors. Towards this end, the Government 
8 
shall: 
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10 
II 
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19 
20 
21 
(a) 
Conduct independent accident investigation; 
(b) 
Support safety programs based on continuing and objective reviews of 
causes or reasons for unsafely; and 
( c) 
Appraise and assess operating practices and regulations of government 
agencies involved in the transportation sector, insofar as they affect safety, 
and if appropriate, shall initiate, coordinate, formulate, or promulgate 
safety improvement standards for the observance and implementation by 
the concerned government agencies andlor private entities. 
SECTION 3. Creation of the National Transportation Safety Board 


1 
(a) 
It is hereby created a National Transportation Safety Board, hereinafter 
2 
referred to as the "Board", which shall be attached solely for budgetary purposes and 
3 
administrative support to the Office of the President hereinafter referred to as the "OP". 
4 
5 
(b) 
For this purpose, the President can motu propio initiate and call the 
6 
attention of concerned transportation Agencies to promulgate necessary safety procedures 
7 
or otherwise take affirmative action on the basis of the findings and recommendations of 
8 
the Board: Provided, that the President finds the same procedures to be followed are 
9 
acceptable. 
10 
11 
SECTION 4. Composition and Organization. 
12 
13 
(a) 
The Board shall consist of three (3) full-time Members, including a 
14 
Chairman, who shall be appointed by the President of the Philippines. A Member of the 
15 
Board must be a natural born citizen at the time of their appointment, holders of a college 
16 
degree, and must have at least five (5) years of actual experience as an employee or 
17 
officer of a transport utility firm or regulatory agency in either air, land or sea mode 
18 
transportation and preferably, with knowledge of accident reconstruction, safety 
19 
engineering on transportation and traffic safety. The Board shall be composed of five (5) 
20 
full-time members, including a Chairman and a Vice-chairman. 
21 
22 
(b) 
The term of office of each Member shall be for five (5) years without 
23 
prejudice to one (l) non-extendible reappointment: Provided, That the terms of the initial 
24 
appointees shall be on staggered basis; the Chairman shall hold office for a term of five 
25 
(5) years; the next Member shall be for three (3) years; and the last member, for two (2) 
26 
years. 
27 
28 
(c) 
A Member shall continue to serve until his successor is appointed and 
29 
shall be qualified. Should a Member of the Board fail to complete his term, his successor 
30 
shall be appointed by the President, but only for the unexpired portion of the term of his 
31 
predecessor. 
32 
33 
34 
35 
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37 
(d) 
Any Member of the Board may be removed by the President for cause, 
including but not limited to inefficiency, incompetence, neglect of duty, or malfeasance, 
and/or misfeasance of office. 
(e) 
The Chairman shall be the Chief Executive Officer of the Board and shall 
38 
exercise its executive and administrative functions with respect to: 
2 


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(f) 
(I) 
(2) 
(3) 
The appointment and supervision of personnel employed by the 
Board; 
The distribution of business among such personnel and among 
any administrative units of the Board; and 
The use and expenditure of its fund. 
The Board shall establish and maintain a distinct and appropriately staffed 
11 
bureaus, divisions, or offices, to investigate and report on accidents involving each of the 
12 
following modes of transportation. 
13 
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(1) 
Aviation; 
(2) 
Highway and motor vehicle; 
(3) 
Pipeline, railroad, and tracked vehicle; and 
(4) 
Maritime transport carriers. 
(g) 
The Board shall, in addition, in coordination with concerned transportation 
Agencies, establish and maintain such capabilities as may be needed to investigate and 
report on the safe transportation of hazardous and toxic materials. 
26 
SECTION 5. The Executive Director. 
27 
28 
(a) The Board shall have an executive Director who shall be appointed by the 
29 
President. 
30 
31 
(b) 
No person shall be appointed Executive Director unless he is at least thirty 
32 
five (35) years of age at the time of his appointment, a Member of the Philippine Bar, 
33 
and who has practiced his position for at least ten (10) years prior to the date of his 
34 
appointment. He must not have been a candidate for any elective position in the elections 
35 
immediately preceding his appointment. 
36 
37 
38 
(c) 
The Executive Director shall; 
3 


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3 
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a. Record and officially report on the proceedings of the Board and shall 
have authority to administer oaths in all matters falling within the 
jurisdiction of the Board; 
b. Be responsible for running the day to day operations of the Board; 
c. Act as the custodian of the records, maps, profiles, reports, and others 
documents and papers filed in connection with any case or proceedings 
before the Board; 
d. Be responsible for the effective implementation of the policies, rules 
and directives promulgated by the Board; and 
e. Coordinate and supervise the activities of the different operating units 
of the Board and shall perfonn such other functions as may be 
assigned to him by the Chainnan and lor the Board. 
18 
SECTION 6. Principal Office. 
19 
20 
The NTSB shall have its principal office in Metro Manila and may hold hearings 
21 
on any proceedings at such time and places within the Philippines, as it may provide by 
22 
order and writing. 
23 
24 
SECTION 7. Prohibited Interests. 
25 
26 
All members of the Board or any of their relatives within the fourth (4th) civil 
27 
degree of consanguinity or affinity, legitimate or common law, shall be prohibited from 
28 
holding any interest whatsoever, either as investor, stockholder, officer or director, in any 
29 
company or entity engaged in transportation of persons or goods, or in any business 
30 
providing transportation of goods or persons (i.e. general sales agencies, travel agencies, 
3 I 
cargo forwarders, ground handling, catering, fuel servicing, maintenance of transport 
32 
equipments/accessories, etc., by air, maritime or land transport) and must therefore 
33 
divest, through sale or legal disposition, of any and all interests in such undertaking upon 
34 
the member's assumption of office. Any violation of this section shall subject the 
35 
member concerned to removal from the Board for cause, as well as administrative, civil 
36 
or criminal prosecution under applicable law. 
37 
38 
SECTION 8. Organizational Structure a/the NTSB. 
4 


1 
2 
Within fifteen (15) days from the appointment and acceptance by all members of 
3 
the Board, the Board, in consultation with concerned Agencies and non-government 
4 
entities shall meet to draw up the NTSB final organizational structure not later than six 
5 
(6) months from the date of the effectivity of this Act. 
6 
7 
Provided, that the Board may agree for the viability of for the creation of 
8 
additional offices and the finalization of the organizational structure not later than six (6) 
9 
months from the effectivity of this Act. 
10 
11 
12 
13 
SECTION 9. Compensation. 
14 
15 
16 
17 
18 
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20 
(a) 
The Chairman and the Members of the Board shall have the rank of a 
Department Secretary and Undersecretary, respectively. They shall receive the 
compensation and other emoluments corresponding to those of a Department Secretary 
and Undersecretary, respectively. 
(b) 
The Executive Director shall the have rank of Assistant Secretary and 
21 
shall be entitled to compensation and other emoluments corresponding to those of an 
22 
Assistant Secretary. 
23 
24 
(c) 
The Chairman, the Members of the Board, and the Executive Director 
25 
shall be entitled to commutable representation and transportation allowances per month 
26 
in the amount not exceeding the monthly salary of the lowest-paid regular employee of 
27 
the Board. 
28 
29 
30 
31 
SECTION 10. Duties and Functions of the Board. 
The Board shall; 
(a) 
Investigate or cause to be investigated and determine the facts, conditions, 
32 
and circumstances and the cause or probable cause or causes of any: 
33 
34 
35 
36 
37 
(1) Aircraft incidents/accidents, in accordance with the regulations to be 
prescribed jointly by the Board and the Director General of Civil 
Aviation Authority of the Philippines (CAAP): Provided, that the 
facts, conditions, and circumstances, and the cause or probable cause 
5 


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(b) 
determined therefrom shall be made available to the public by the 
Board within sixty (60) days from the completion of its investigation; 
(2) Highway accidents, including any railroad grade crossing accident, the 
Board selects, in cooperation with the Local Government Unit (LGU) 
where such accident or accidents occurred; 
(3) A railroad accident in which there is a fatality, substantial property 
damage, or which involved a passenger train; 
(4) Pipelines accidents, in which there is fatality or substantial property 
damage; 
(5) Major maritime casualties, except one involving only military vessels, 
occurring on the navigable waters or territorial seas of the Philippines, 
in accordance with the rules and regulations to be jointly promulgated 
by the Board and the Philippine Coast Guard (PCG); 
Provided, that the facts, conditions, and circumstances, and the cause 
or probable cause determined therefrom shall be made available to the 
public by the Board within sixty (60) days from the completion of its 
investigation; and 
(6) Other accidents, which occur concerning the transportation of people, 
and property, which, in the judgment of the Board, is catastrophic, 
involve problems of a recurring character, or would otherwise carry 
out the mandate of this Act. 
Report in writing to Congress and the President on the facts, conditions, 
30 
and circumstances of each incident/accident investigated pursuant to Section 7 (a) of this 
31 
Act, and cause such report to be made available to the public by the Board within sixty 
32 
(60) days from the completion of its investigation. 
33 
34 
(c) 
Issue periodic reports to Congress, the President, and to government 
35 
agencies and instrumentalities, and non-government organizations concerned with 
36 
transportation safety, including owners of public transportation carriers who may be 
37 
concerned with the findings of the Board and to interested persons. Such reports: 
38 
6 


I 
2 
3 
4 
5 
(I) Should make recommendations advocating meaningful responses to 
reduce 
the 
likelihood 
or 
recurrence 
of 
transportation 
incidents/accidents similar thereto; and 
(2) 
Shall contain proposals for corrective measures to make the 
6 
transportation of persons as safe and free from the risk of injury as 
7 
possible, including steps to minimize human i'1iuries from 
8 
transportation incidents/accidents: 
9 
10 
Provided, that said reports shall be made public within sixty (60) 
II 
days from its submission to the Congress or to the President, as the 
12 
case may be. 
I3 
14 
(d) 
Initiate and conduct specials studies and investigations on matters 
IS 
pertaining to safety in transportation and avoiding injury to persons and damage to 
16 
property; 
17 
18 
(e) 
Assess and re-assess techniques and methods of incident/accident 
19 
investigation and promulgate recommended procedures for accident investigation and 
20 
promulgate recommended procedures for incident/accident investigations for the 
21 
information and guidance of the concerned government agencies; 
22 
23 
(f) 
Evaluate and assess the effectiveness of the concerned government 
24 
agencies in promoting transportation safety consciousness and in preventing 
25 
incidents/accidents; 
26 
27 
(g) 
In coordination with other transportation Agencies and concerned 
28 
government entities, evaluate the adequacy of safeguards and procedures concerning the 
29 
transportation of hazardous and toxic materials and the performance of carriers and 
30 
government agencies charged with assuring the safe transportation of such materials; 
31 
32 
(h) 
Gather, analyze, maintain, and publish from time to time data and statistics 
33 
on transportation incidents/accidents; 
34 
35 
(i) 
Carry out special studies and investigations relative to transportation 
36 
safety, including personal injury; 
37 
7 


1 
Examine techniques and methods of incident/accident investigation and 
2 
periodically publish recommended procedures for incidents/accidents investigations; 
3 
4 
(k) 
Prescribe requirements for persons reporting transportation safety 
5 
incidents/accidents that; 
6 
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(I) 
(I) 
(2) 
May be investigated by the Board pursuant to this Act; or 
Involve public aircraft, except aircraft of the Armed Forces of the 
Philippines. 
In coordination with concerned transportation Agencies under the DOTe, 
13 
through their regulatory arms, in order to ensure compliance on safety procedures for 
14 
their enforcement actions on those who might be found to be in violations of certain 
15 
regulatory and safety procedures, either to prosecute or file charges, or cause the filing 
16 
thereof, or move for the suspension, modification, or revocation of license, certificate of 
17 
public convenience and necessity or operating certificate, before the appropriate court 
18 
and/or administrative, or quasi-judicial body, against and person or persons who may be 
19 
guilty of or responsible for any safety procedures that lead to an incident/accident; 
20 
21 
Provided, That no part of any report or reports of the Board relating to any 
22 
incident or accident, or the investigation thereof, shall be accepted as evidence or used in 
23 
any suit or action for damages arising out of any matter mentioned in such reports except 
24 
when the criminal liabilities/aspects of the incident/accident is put into issue; and 
25 
26 
(m) 
Perform such other functions as may be necessary to effectively 
27 
implement the objectives and provisions of the Act. 
28 
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35 
SECTION 11. Powers of the Board. 
(a) 
The Board or any designated Member thereof may conduct such hearings, 
administer oaths, and require by subpoena duces tecum and subpoena ad testificandum 
the production of such evidence and testimony as the Board or such Member may deem 
necessary. 
36 
Any person, natural or judicial, who refuses to obey a subpoena, order, or an 
37 
inspection notice of the Board or any duly designated employee thereof in the exercise of 
38 
his duties and functions under the provisions of this Act, may be required to comply 
8 


I 
forthwith by the Regional Trial Court (RTC) where such person resides or conducts his 
2 
place of business, upon the request of the Board. Failure to obey such order shall be 
3 
punished by such court as contempt of court. 
4 
5 
(b) 
Any employee authorized by the Board, upon presenting appropriate 
6 
credentials, may enter any property wherein a transportation accident has occurred or 
7 
wreckage from such accident is located in order to undertake the appropriate 
8 
investigation thereof. The employee may inspect at reasonable times, records, files, 
9 
processes, controls, and facilities relevant to the investigation of such incidents/accidents. 
10 
Each inspection shall be commenced and completed with reasonable promptness; 
11 
12 
(c) 
In investigating and aircraft accident pursuant to his Section, the Board 
13 
may inspect and test, to the extent necessary, and civil aircraft engine, equipment, 
14 
propeller, appliance, or property on an aircraft involved in an accident in air commerce: 
15 
16 
Provided, however, that any civil aircraft, aircraft engine, equipment, 
17 
propeller, appliance, or property on an aircraft involved in air commerce shall be 
18 
preserved, and may be moved, only as prescribed by regulations promulgated by the 
19 
Board: 
20 
21 
(d) 
An officer or employee of the Board may examine or test any motor 
22 
vehicle, vessel, rolling stock, track, or pipeline component. Such examination or test shall 
23 
be conducted in a manner that: 
24 
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(e) 
(1) 
(2) 
Does not unnecessarily interfere with the transportation services 
provided by the owner or operator of the motor vehicle, vessel, 
rolling stock, track, or pipeline component: and 
To the maximum extent feasible, preserves evidence related to the 
accident, consistent with the needs of the investigation and with 
the cooperation of that owner or operator. 
The Board shall have the sole discretion to: 
(1) 
Decide on the manner by which the testing will be undertaken 
pursuant to this Act; 
(2) 
The person who will conduct the test: 
9 


1 
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5 
(3) 
The type of test to be conducted; and 
(4) 
Any individual or individuals who will witness the test; 
6 
Provided, That an inspection, examination, or test conducted pursuant to this Act 
7 
by an officer or employee of the Board shall be started and completed promptly: 
8 
9 
Provided, further, That the results and findings of such inspection, examination, 
10 
or test shall be made public within thirty (30) days upon completion thereof. 
11 
12 
(1) 
The Board may require and shall be furnished a copy of the autopsy 
13 
reports by the officials concerned on any person who dies as a result of having been 
14 
involved in a transportation incident/accident. The board may order, if necessary, the 
15 
autopsy, or require other tests of such persons as may be needed for the investigation of 
16 
the accident; 
17 
18 
(g) 
The Board may enter into such contract/s, lease/s, agreement/s, and other 
19 
transactionls as may be necessary in the conduct of its functions and duties; 
20 
21 
(h) 
The Board may call on the assistance of, and use any available services, 
22 
equipment, facilities, of the Department of Transportation and Communications (DOTC), 
23 
Civil Aviation Authority of the Philippines (CAAP), Land Transportation Office (LTO), 
24 
Philippine Coast Guard (PCG), Philippine National Railways Corporation (PNRC), Light 
25 
Rail Transport Authority (LRTA), Metro Rail Transport Authority (MRTA), Philippine 
26 
Nuclear Research Institute (PNRI), Department of National Defense (DND), Department 
27 
of Public Works and Highways (DPWH), Philippine National Police (PNP), Maritime 
28 
Industry Authority (MARINA), and other agencies and instrumentalities of the 
29 
government; 
30 
31 
(i) 
The Board may create advisory committees composed of qualified private 
32 
citizens and government officials within which the Board may consult in the 
33 
implementation of its functions and duties, and to pay honoraria to these personls for 
34 
meetings actually attended. Whenever necessary, the Board may likewise appoint or 
35 
retain the services of recognized experts as consultants on the incidents/accidents under 
36 
investigation. Such consultants shall be paid compensation as fixed by the Board: 
37 
10 


1 
Provided, That not more than three (3) consultants shall be appointed for 
2 
each accident being investigated: 
3 
4 
Provided, further, That no officer, external auditor, or legal counsel of any 
5 
private company or enterprise primarily engaged in the transportation industry shall be 
6 
eligible for appointment as a consultant of the Board within three (3) years from his 
7 
retirement, resignation, or separation therefrom; 
8 
9 
Appoint advisory committee/s of qualified private citizens and officials of 
10 
the national government and LGUs as appropriate; 
11 
12 
(k) 
Notwithstanding to the foregoing, any law to the contrary, accept 
13 
voluntary and uncompensated services, accept donations and monetary gifts and other 
14 
property for and in behalf of the NTSB; 
15 
16 
(1) 
Enter into contractls with nonprofit entities to carry out studies related to 
17 
the duties and powers of the Board for its operating expenses; 
18 
19 
(m) 
Require that the departments, agencies, and instrumentalities of the 
20 
government, including LGUs and governments of foreign countries, provide appropriate 
21 
consideration for the reasonable costs of goods and services supplied by the Board: 
22 
23 
Provided, That such amounts shall accrue exclusively to the Board for its 
24 
operating expenses; 
25 
26 
(n) 
The Chairman of the Board may determine the number of committees that 
27 
are appropriate to maintain effective liaison with other departments, agencies and 
28 
instrumentalities of the national government and LGUs, non-government organizations 
29 
and independent standard-setting authorities that carry out programs and activities related 
30 
to transportation safety. The board shall designate representatives to serve on the 
31 
committees. 
32 
33 
(0) 
The Board, or any officer or employee designated by the Chairman, may, 
34 
after due notice published in two (2) newspaper of general circulation, conduct an inquiry 
35 
to obtain information related to transportation safety; 
36 
37 
(p) 
The Board, or its designated officer or employee, may require, by order, a 
38 
department agency, or instrumentality of the national government, LGU, or a person, 
11 


1 
natural or juridical, who transports persons or goods, to submit to the Board a written 
2 
report and answers to requests and questions pursuant to the powers of the Board under 
3 
this Act. The Board shall prescribe the time within which the reports and the answers 
4 
thereto must be submitted to its designated officer or employee. Copies of the report and 
5 
the answers thereto shall be made public within sixty (60) days from submission to the 
6 
Board; and 
7 
8 
(q) 
The Board shall, within sixty (60) days from the effectivity of this Act, 
9 
promulgate the rules of procedure to implement the provisions of this Section. 
10 
11 
SECTION 12. Relationship with other Government Agencies. 
12 
13 
(a) Nothing in this Act shall deprive other government agencies from performing 
14 
their instrinsic functions, including the investigation of incidents/accidents or making 
15 
inquiries thereon, when those functions existed prior to the effectivity of this Act: 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
Provided, however, That the Board, at its discretion, may: 
(I) 
(3) 
Direct the marmer in which such investigations shall be conducted; 
and 
Assume direct responsibility for the investigation or inquiry; or 
accidents as prescribed in Section 7 (a) of this Act. 
(b) 
The PNP or any other law enforcement agencies shall continue to 
investigate and record accidents involving motor vehicles and/or pedestrians. 
28 
Provided, PNP and such other law enforcement agencies shall furnish the 
29 
Board copies of the records, findings and recommendations on the investigations or 
30 
inquiry for the continuous evaluation on safety aspects and as the need arises, formulate 
31 
safety procedures to minimize if not totally avoid recurrent of the same incident/accident. 
32 
33 
34 
35 
36 
37 
38 
For this purpose, the Board shall prescribe a uniform and standard operating system for 
the investigation of such accidents, which shall be mandatory on the part of the 
investigating body or person; 
(c) 
The Board's power shall take precedence over those of other government 
agencies tasked with investigating land, air and maritime incidents/accidents which, in 
12 


1 
the Board's judgment, requires its inquiry or attention and the latter shall tum over to the 
2 
Board any and/or all evidentiary matters they have in their custody; 
3 
4 
(d) 
For the preservation, proper handling, conservation, and protection of 
5 
evidence, records, files, and/or specimens related to any incident/accident or possession 
6 
of the evidence, records, files, and/or specimens; 
7 
8 
(e) 
The Board may require the submission of the records, findings, and/or 
9 
recommendations of previous incidents/accidents and/or investigations of such 
10 
incidents/accidents, from any government agency. For this purpose, the agency 
11 
concerned shall transmit to the Board, within fifteen (15) days from receipt thereof, said 
12 
records, findings, and/or recommendations; 
13 
14 
(t) 
Upon the coordination of the Board, the concerned enforcement and 
15 
compliance bodies of other transportation shall institute enforcement and compliance 
16 
actions, proceedings, suits, or court action against any person, natural or juridical, who 
17 
may be guilty of negligence, or is instrumental in the occurrence of the 
18 
incidents/accidents, and when, in the their judgment, the report or findings of the Board 
19 
warrant such action; and 
20 
21 
(g) 
In the exercise of its powers, the Board shall take into consideration the 
22 
provisions of any treaty entered into by the Republic of the Philippines with other 
23 
countries relative to the investigation of incidents/accidents over which the Board 
24 
assumed jurisdiction. 
25 
26 
27 
28 
SECTION 13. Recall, Replacement, and Nullification of Defoctive conveyances. 
(a) 
The Board may recommend that the DOTe order the recall by the 
29 
manufacturer or its Philippines agent or representatives, of all locally sold units of a 
30 
particular type, make, or model of a motor vehicle or transport vessel, if a defect 
31 
attributable to the design or manufacture of any part or instrumentation of the vehicle, 
32 
had been reported within five (5) years starting from the date of introductio)1 of the model 
33 
in to the local market and it is subsequently proven or substantiated to affect many units 
34 
of that model. 
35 
36 
(b) 
The purpose of such recall shall be for the correction of said defect in all 
37 
affected units, either by replacement, or the redesign of the defective device in order to 
13 


1 
render the particular model of the motor vehicle or vessel safe for public and commercial 
2 
use: 
3 
4 
Provided, That the DOTC shall instead order a full refund for all 
5 
surrendered vehicles in the event such defect cannot be technically corrected: 
6 
7 
Provided further, That in the event that the manufacturer or its Philippine 
8 
agent or representatives, of all locally sold units of a particular type, make, or model of a 
9 
motor vehicle or transport vessel refuses to recall, replace, replace or correct the object of 
10 
the recall, the Board in coordination with other transportation Agencies enforcement and 
11 
compliance bodies and the DOTC, the latter shall motu propio initiate the prosecution of 
12 
such manufacturer, its Philippine agent, or representatives. 
13 
14 
(c) 
Upon the report of such defect, the Board shall immediately notify the 
IS 
public of the same. 
16 
17 
(d) 
The cost for such remedial measures shall be for the account of the 
18 
manufacturer or its agents or representatives, and shall be without prejudice to any claims 
19 
for damages that the victims of incidents/accidents or their heirs that they ma be filed 
20 
with the proper courts. 
21 
22 
SECTION 14. Aircraft Accident Investigation and Inquiry Board (AAIIB) on Air 
23 
Transportation Sqfety. 
24 
25 
(a) 
If an accident involves a substantial question about public safety in air 
26 
transportation, the Board may establish a Special Board that shall be composed of: 
27 
28 
29 
30 
31 
32 
33 
34 
35 
(1) 
One (1) Member of the AAIIB, who shall be the Chainnan; and 
(2) 
Two (2) Members of the public and/or the private sector, who shall 
be appointed by the President upon notification of the 
establishment of the Special Board: 
Provided, That they shall be persons of known probity and integrity: 
36 
Provided further, That they shall not have any pecuniary interest in any 
37 
aviation enterprise involved in the accident to be investigated. 
38 
14 


1 
2 
3 
4 
(b) 
The AAIIB shall exercise the powers, duties, and functions of the Board. 
SECTION 15. Disclosure, Availability, and Use of Information. 
5 
(a) 
Except as provided in this Section, any copy of a record, information, 
6 
and/or investigation submitted or received by the Board or a Member or employee 
7 
thereof, shall be made available to the public on identifiable request and at reasonable 
8 
cost. 
9 
10 
(b) 
The AAIIB shall not disclose any information related to a trade secret 
11 
except: 
12 
13 
1) To another department, agency, or instrumentality of the national government, 
14 
when requested for official use; 
15 
16 
2) To a committee of Congress having jurisdiction over the subject matter to 
17 
which the investigation is related, when requested by that committee; 
18 
19 
3) In a judicial proceeding under a court order that preserves the confidentially of 
20 
the information without impairing the proceeding; and 
21 
22 
4) To the public: 
23 
24 
Provided, That such disclosure shall be for the protection of public health and 
25 
safety: 
26 
27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
38 
Provided, further, That such disclosure shall be to whom the information is 
related: 
Provided, furthermore, That the interested party is given the opportunity to 
comment on the requested disclosure: 
Provided, moreover, That the information so disclosed will not be detrimental 
to public health and safety: 
Provided, finally, That the disclosure shall be made in a manner designed to 
protect and preserve its confidentiality. 
15 


1 
(c) 
The Board shall not publicly disclose any part of a cockpit voice recording 
2 
or transcript on oral communications by and between flight crew Members and ground 
3 
stations related to an accident or incident investigated by the Board: 
4 
5 
Provided, however, That the Board shall make public any part of the 
6 
transcript when the Board see to it that its use is relevant to the said accident or incident: 
7 
8 
9 
10 
11 
12 
13 
(d) 
(I) 
(2) 
When the Board holds a public hearing on the incident/accident; or 
When the Board makes public its findings relative to the said 
incident/accident. 
Notwithstanding to the foregoing, any law to the contrary, the head of the 
14 
concerned agency shall, upon order or written request by the Board, provide the 
15 
following information to the Board: 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(e) 
(1) 
(2) 
Any report or a confirmed positive toxicological test, verified as 
positive by a medico-legal officer of the National Bureau of 
investigation (NBI) or the Philippine National Police Crime 
Laboratory (PNP Crime Lab), conducted on an officer or employee 
of the concerned agency, when the officer or employee is 
reasonably 
associated 
with 
the 
circumstances 
of 
an 
incident/accident under the investigative jurisdiction of the Board; 
and 
Any laboratory record documenting that test is confirmed as 
positive. 
Except as provided in Section 12 (b) of this Act, the Board shall maintain 
30 
the confidentially and exempt from disclosure: 
31 
32 
33 
34 
35 
36 
37 
38 
(I) 
(2) 
Laboratory records provided to the Board under the provisions of 
this Act that reveal medical use of a drug allowed under applicable 
laws, and regulations; and 
Medical information related to the test or a review of the test 
voluntary provided to the Board by the tested officer or employee. 
16 


1 
(I) 
The board may use a laboratory record made available to it under this Act 
2 
to develop an evidentiary record in its investigation of an incident/accident if: 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
(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. 
SECTION 16. Testimony. 
(a.) 
Any party to an administrative proceeding may, make an offer to the 
14 
Board, conditionally or otherwise, for a consented decree, voluntary compliance or 
15 
desistance and other settlement of the case. 
16 
17 
(b.) 
Testimony, or the offer thereof, and any or all of the ultimate facts 
18 
upon which the offer is based, shall be considered for settlement purposes only, cannot be 
19 
used as evidence against any party for any other purpose and shall not constitute an 
20 
admission by the party making the offer of any violation of this Act, and the rules, 
21 
regulations, orders and resolution, orders and resolutions promulgated by the Board. 
22 
23 
SECTION 17. Transportation Safety Fund. 
24 
25 
(a) 
There is hereby created a Transportation Safety Fund, hereinafter known 
26 
as the "Fund", to be deposited in a special trust fund to be administered by the Board. 
27 
The Fund shall be funded from: 
28 
29 
30 
31 
32 
33 
34 
35 
36 
37 
(1) 
(2) 
(3) 
Savings from the Board's annual operating expense; 
Monetary donations and gifts received by the Board under Section 
8 (1) of this Act; and 
Revenue generation project that the Board may formulate and 
imposed in the future, to include but not limited to certification fee, 
etc. 
17 


1 
(b) 
Subject to the usual accounting and auditing rules and regulations, the 
2 
Fund shall be used exclusively for the following purposes: 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
(1) 
(2) 
(3) 
(4) 
Operating expenses in investigating incidents/accidents; 
Initiate studies and research in the causes and possible prevention 
of incidents/accidents and other disasters, as provided in this Act; 
Reimbursement of extraordinary expenditures and expenses of 
government and private agencies and/or persons mobilized by the 
Board in investigating incidents/accidents; and 
Training and related conferences to further and el)hance the 
expertise of the officers and employees of the Board to effectively 
implement the mandate of the Board under the provisions of this 
Act. 
19 
SECTION 18 Appropriations. 
20 
21 
The sum of Five Billion Pesos (P 5,000,000,000.00) is hereby appropriated out of 
22 
any funds in the national treasury not otherwise appropriated, for the initial organization 
23 
and operations of the Board shall be included in the annual General Appropriations Act. 
24 
25 
26 
SECTION 19. Exemption/rom Taxes, Customs and Tariff Duties. 
27 
28 
(a) 
The importation of equipments, machineries, spare parts, accessories and 
29 
other materials including supplies and services used solely and exclusively in the 
30 
operations and conduct of its functions not obtainable locally shall be exempt from all 
31 
direct and indirect taxes, wharfage fees and other charges and restrictions, the existence 
32 
of pertinent laws to the contrary notwithstanding. 
33 
34 
(b) 
All obligations entered into by the Board and any income derived 
35 
therefrom, including those contracted with other entities shall be exempt from all taxes, 
36 
both principal and interest. The Board is also exempt from the payment of capital gains 
37 
tax, documentary stamp tax, real property estate tax and all other local government-
38 
imposed taxes and ees. 
18 


1 
2 
SECTION 20. Annual Reports. 
3 
4 
At the end of every fiscal year, the Board shall submit to the Office of the 
5 
President, President of the Senate and the Speaker of the House of Representative an 
6 
armual report containing, but not limited to: 
7 
8 
(a) 
Statistical and analytical summary of incident/accident investigations 
9 
conducted and reviewed by the Board during the preceding year; 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
(b) 
A survey and summary of the recommendations made by the Board to 
reduce the likelihood of the recurrence of those incidents/accidents, together with the 
observed response to each recommendation; 
(c) 
A detailed appraisal of each incident/accident investigation and 
incident/accident 
prevention 
activity 
of other 
departments, 
agencies, 
other 
instrumentalities of the national government and the LGUs; and 
(d) 
The use, disbursements and receipts to the Fund .created in accordance 
with this Act. 
22 
SECTION 21. Compensation and Other Emoluments of the NTSB. 
23 
24 
Within six (6) months from the effectivity of this Act, the Board shall determine 
25 
the schedule of salaries of the employees of the NTSB and shall determine and fix the 
26 
compensation and fringe benefits of the employees holding technical positions that are 
27 
not common to the other agencies of the government which shall be specified in the 
28 
Implementing Rules and Regulations, exempted from the salary standardization law. 
29 
30 
31 
SECTION 22. Implementing Rules and regulations. 
32 
Within sixty (60) days from the effectivity of this Act, the Board, in consultation 
33 
with the OP, DOTC, PCG, CAAP, PNP, MARINA, LRTA, MRTA, LTO, DND, DPWH 
34 
and other concerned agencies on transportation, shall promulgate the Implementing Rules 
35 
and Regulations (IRR) for the effective implementation of this Act. 
36 
37 
SECTION 23. Transfer of Personnel of Aircraft Accident Investigation and 
38 
Inquiry Board. 
19 


I 
2 
To ensure smooth transition, the incumbent Officer-In-Charge of the AAIIB of 
3 
CAAP shall continue to hold office and assume the powers of the Chairman of the Board 
4 
until his successor has been appointed by the President, inducted and assumed office in 
5 
accordance with this Act. However, affected officials and perso1111el, with appointments 
6 
attested by the Civil Service Commission, whether hired on permanent or temporary 
7 
basis, who will opt to join the NTSB shall be automatically absorbed, pending approval 
8 
of new organizational structure/staffing pattern and qualifications standards by the 
9 
Department of Budget and Management and Civil Service Commission, respectively. 
10 
11 
12 
SECTION 24. Separability Clause. 
13 
14 
If, for any reason, any provision or provisions of this Act is declared invalid or 
IS 
unconstitutional, the other part or parts thereof which are not affected thereby shall 
16 
continue to be in full force and effect. 
17 
18 
SECTION 25. Repealing Clause. 
19 
20 
All laws, decrees, executive orders, issuances, or rules and regulations, or portions 
21 
thereof, that are inconsistent with this Act or any provision or provisions thereof, are 
22 
hereby repealed or modified accordingly. 
23 
24 
SECTION 26. Effectivity. 
25 
26 
This Act shall take effect fifteen (15) days after its complete publication in two 
27 
(2) newspapers of general circulation. 
28 
29 
30 
Approved, 
31 
20