SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 1233 
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Introduced by SENATOR JOSEPH VICTOR G. E.JERCITO 
EXPLANATORY NOTE 
Pilotage service is one of the most important complementary services to 
vessels in port. 
This proposed measure provides for the regulation and supervIsIOn of 
harbor pilotage services and the conduct of harbor pilots in the country. 
Correspondingly, it seeks to repeal Executive Order 1088 of 1986 otherwise 
known as "An Act Providing for Uniform and Modified Rates for Pilotage 
Services Rendered to Foreign and Coastwise Vessels in all Private or Public 
Philippine Ports." 
Regulating harbor pilotage services and the conduct of harbor pilots will 
ensure not only the proper landing and setting of vessels but also the safe 
embarkation and disembarkation of both passengers and cargoes. It is about 
time that our antiquated laws in marine transportation be updated so as to fit 
the present conditions of the industry. Harbor pilots have long been fixtures in 
our ports. Without them, the safety of our ports, vessels, cargoes and the lives 
of millions of commuters depending on marine transportation may be placed in 
peril. 
Under the proposed measure, all harbor pilots must get an accreditation 
from the Pilotage Committee before they can practice the profession. The 
pilotage committee shall accredit only a limited number of harbor pilots per 
district or port for efficiency purposes. 
Once approved, this bill would certainly provide effective and efficient 
delivery of pilotage services to all ports in the country. Hence, passage of this 
measure is urgently requested. 
, 
JOSEPH VICTOR G. EJERCITO 


SENATE OF THE PHILIPPINES 
SIXTEENTH CONGRESS 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill No. 1233 
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Introduced by SENATOR JOSEPH VICTOR G. EJERCITO 
AN ACT REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT 
OF HARBOR PILOTS IN ALL PORTS IN THE PHILIPPINES, REORGANIZING 
PORT AUTHORITIES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Pilotage 
Services Act of 2013". 
SECTION 2. Scope. - This Act shall apply to all harbor pilots and pilotage 
organizations providing pilotage services in all ports in the country, whether 
owned by the government or by private persons. 
SECTION 3. Policy and Objectives. - It is hereby recognized by the State 
that pilotage service plays a vital and complementary role in the efficient 
operation of ports and the protection of marine environment. It is therefore the 
policy of the State to regulate, and supervise pilotage services and the conduct 
of pilots in all ports in the country to attain the following objectives: 
(al To ensure safety at all times of port facilities, vessels, passengers, 
cargoes and other port users; 
(bl To ensure effective and efficient delivery of pilotage services through 
rationalization of pilotage fees and charges; 
(c) To encourage a healthy and friendly competitive environment among 
entities engaged in pilotage services; 
(d) To ensure the safety of life and property at sea, and protection of 
marine environment; 
(e) To upgrade the skills and qualifications of harbor pilots and to 
promote and develop professionalism among their ranks; and 
(D To improve the traffic management system in ports. 
SECTION 4. Definition of Terms. - For the purpose of this Act, the words 
and phrases used herein shall be defined as follows: 


(a) Accreditation refers to an official recognition, approval or permission 
granted by the Authority to a harbor pilot or pilot organization to practice or 
provide harbor pilotage services in a particular area for a prescribed period. 
(b) Appointment refers to a designation by the Pilotage Committee granted 
to a harbor pilot to exercise his profession and render pilotage service in a 
particular pilotage district. 
(c) Authority refers to the Philippine Ports Authority (PPA) and other port 
authorities created under a special charter, including the ports within the 
economic zones and autonomous regions, having exclusive jurisdiction, 
supervision and control over port operation and management in a specific port 
in the Philippines. 
(d) Gross income refers to the total gross billing assessed against the ship 
owner/agents for pilotage and related services rendered, whether collected or 
not. 
(e) Harbor pilot refers to a duly licensed Master Mariner, who is not part 
of the regular complement of the vessel, taken on board at a particular place, 
and tasked to efficiently and effectively perform pilotage service within a 
specific pilotage district. 
(f) Nongovernmental organization {NGO} refers to a non-stock, nonprofit 
private organizations with proven track record or experience in the 
conservation, management and protection of marine environment. 
(g) Permit-to-operate refers to the authority granted by the Port Authority 
to any accredited pilot organizations to render pilotage service in a particular 
pilotage district. 
(h) Pilotage license refers to the permit or license granted by the Pilotage 
Committee to a Master Mariner to exercise his profession and to render pilotage 
services in a particular pilotage district. 
(i) Pilotage organization refers to an association of harbor pilots duly 
licensed and appointed by the Pilotage Committee for a particular harbor 
pilotage district as defined in this Act. 
m Pilotage service refers to the act of conducting, navigating or 
maneuvering a vessel to/from berth or anchorage, along rivers, channels and 
estuaries, including all related activities thereof. 
(k) Reorganized Umbrella Organization of Harbor Pilots refers to a national 
federation or association of harbor pilots, the membership of which comprises 
the majority of the duly licensed harbor pilots in the Philippines as certified by 
the Securities and Exchange Commission (SEC), the Cooperative Development 
Authority (CDA) or the concerned regulatory body. 
(1) Recognized Umbrella Organization of Ship agents refers to a national 
federation or association of ship agents, the membership of which comprises 
the majority of the ship agents in the Philippines as certified by the SEC, the 
CDA or the concerned regulatory body. 
SECTION 5. The Pilotage Committee. -
Each Authority, under the 
supervision of the Secretary of the Department of Transportation and 
Communications (DOTC), is mandated to create a Pilotage Committee. Subject 


to the approval of the Secretary of the DOTC, the Pilotage Committee shall 
define the nature and extent of harbor pilotage services, including the 
establishment of rates in ports under its jurisdiction. 
SECTION 6. Composition of the Pilotage Committee. -
The Pilotage 
Committee, which shall exercise jurisdiction over the regulation of pilotage 
profession and conduct of pilotage services outside the jurisdiction of chartered 
ports, autonomous regions and economic zones, shall be composed of six (6) 
members namely: 
(a) The General Manager of the PPA; 
(b) The Commandant of the Philippine Coast Guard (PCG); 
(c) The incumbent President of the recognized umbrella organization of 
harbor pilots; 
(d) The incumbent President of the recognized umbrella organization of 
ship agents; 
(e) A representative from the recognized national association of Philippine 
ship-owners; and 
(f) A representative of a recognized NGO herein defined: Provided, That 
the last two (2) members shall be appointed by the President of the Philippines 
for a term of two (2) years from among the list of 
recommendees submitted by the sector concerned. 
The PPA General Manager shall act as Chairperson of the Pilotage 
Committee. In the case of Authority in chartered ports, the Pilotage Committee 
shall be composed of: 
(1) General Manager of the Authority having jurisdiction over the 
chartered port concerned who shall also act as Committee Chairperson; 
(2) Commander of the Coast Guard District where the Authority is 
located; 
(3) A representative from the recognized umbrella organization of harbor 
pilots; 
(4) A representative from the recognized umbrella organization of ship 
agents; 
(5) A representative from the recognized national association of Philippine 
ship owners; and 
(6) A representative of a recognized local NGO. 
In the case of Authority of ports within the exclusive jurisdiction of the 
autonomous regions, the Pilotage Committee shall be composed of: 
(1) General Manager of the Authority having exclusive jurisdiction over 
the ports of the autonomous region concerned who shall also act as Committee 
Chairperson; 


(2) Commander of the Coast Guard District where the Authority IS 
located; 
(3) A representative from the recognized umbrella organization of harbor-
pilots; 
(4) A representative from the recognized umbrella organization of ship 
agents; 
(5) A representative from the recognized national association of Philippine 
ship owners; and 
(6) A representative of a recognized local NGO. 
The Pilotage Committee herein created shall be under the control and 
supervision of the Secretary of the DOTC. The presence of four (4) members of 
the Committee shall constitute a quorum for the exercise of its functions and 
the affirmative vote of the majority of the members present shall be a valid and 
binding act of the Committee. 
In the absence of the Chairperson during any meeting, the members 
present shall elect a temporary presiding officer from among themselves. The 
Chairperson and members of the Committee shall receive per diem for every 
meeting actually attended at rates approved by the Department of Budget and 
Management (DBM) pursuant to existing laws and regulations. 
The Committee shall hold regular meetings once a month and in no case 
shall it hold more than one (1) special meeting in any month. The per diem of 
the Chairperson and members of the Board shall be chargeable against the 
Pilotage Safety Development Trust Fund provided under this Act. 
SECTION 7. Powers and Functions of the Pilotage Committee. - The 
Pilotage Committee shall have the following powers and functions: 
(a) Establish, determine and adjust rates and fees for harbor pilotage 
services by taking into account the current rate structure, tonnage of vessels, 
peCUliarity and intrinsic characteristic of each port and harbor and such other 
important factors: Provided, That no imposition or adjustment shall be made 
without prior consultation with the stakeholders in a public hearing called for 
the purpose: Provided, further, That the rates and adjustments thereof shall be 
subject to the approval of the Secretary of the DOTC and shall take effect only 
fifteen (15) days after its -publication in two (2) newspapers of general 
circulation; 
(b) Conduct regular consultative meetings with duly accredited pilotage 
organizations and duly licensed harbor pilots in relation to improvement of 
services, upgrading of pilot facilities, rate restructuring and such other related 
concerns; 
(c) Determine and appoint the number of harbor pilots needed in a 
particular pilotage district in the case of PPA and in a particular port in the 
case of independent port authorities; 
(d) Ensure the efficient and fair handling of accreditation of harbor pilots, 
cancel or suspend accreditation of harbor pilots for just cause, giving due 
notice to affected parties and after proper hearing; 


(e) Grant and issue pilotage license to harbor pilots; 
(f) Cancel or suspend the license of harbor pilots for any act in violation 
of the provisions of this Act; 
(g) Accredit harbor pilot organizations; 
(h) Cancel or suspend the accreditation of harbor pilot organizations for 
causes mentioned in Section 18 of this Act; 
(i) Prescribe fines for other acts which penalties are not otherwise 
provided in this Act; and 
m Determine and appoint such number of support personnel as may be 
necessary to carry out its administrative functions subject to the provisions of 
the civil service rules and regulations. 
SECTION 8. Establishment of Harbor Pilotage District. - The Authority 
concerned, subject to the approval of the Secretary of the DOTC, may opt to 
adopt the existing port districts within its jurisdiction. However, it shall have 
the authority to establish additional pilotage districts or reorganize the existing 
ones under its jurisdiction as the need arises for purposes of public interest. 
SECTION 9. Provision of Pilotage Services. - Pilotage service shall be 
provided either directly by the Authority or, on a non-exclusive basis, through 
accredited pilotage organizations in government-maintained or privately-
managed ports in the country. Every vessel while navigating in any pilotage 
district or any part thereof shall be under pilotage and the owner, agent or 
master of the vessel shall comply with that requirement. A vessel while being 
moved within any area of the port that is or forms part of a pilotage district 
shall be deemed a vessel navigating in a pilotage district. 
Pilotage services shall be compulsory in government and private wharves, 
berths, piers or anchorage except as otherwise provided in this paragraph. 
Every vessel engaged in foreign trade shall always be under compulsory 
pilotage. 
Pilotage for vessels engaged in domestic trade shall be optional unless a 
port is declared under compUlsory pilotage by the appropriate port authority. 
However, the Authority may, if it appears to be necessary, exempt any vessel or 
class of vessels engaged in domestic trade while navigating in any pilotage 
district, from being under pilotage service subject to such conditions as it may 
deem appropriate. 
The Authority shall consider the following factors in determining the type 
of appropriate coverage for each port: 
(a) Size and type of vessels; 
(b) Physical and technical configuration of ports including mooring and 
berthing capabilities; 
(c) Hydrographic situation of the harbor including its channels and 
passageways; 


(d) Navigational capabilities of each port, safety and traffic devices and 
other related navigational aids; 
(e) Volume of vessel traffic or average frequency of vessel arrivals and 
departures; and 
(f) Such other factors which may affect the risk of vessel movements. 
SECTION 10. Qualifications of Harbor Pilots. -
A person shall be 
accredited as a harbor pilot if one possesses the following: 
(a) Filipino citizenship; 
(b) Sound physical and mental condition; 
(c) Good moral character; 
(d) Duly licensed by the Pilotage Committee to practice one's profession 
within a specified port or district; 
(e) Not more than fifty-five (55) years old; and 
(f) Must have been a Master Mariner on board sea going vessels of not 
less than five thousand (5,000) gross tons for at least five (5) years. 
SECTION 11. Compulsory Retirement of Pilots. - Upon the effectivity of 
this Act, a harbor pilot shall be considered retired upon reaching the age of 
seventy (70): Provided, however, That all harbor pilots shall undergo annual 
medical and physical examinations as a requirement for the continued exercise 
of pilotage service profession. 
SECTION. 12. Accreditation of Harbor Pilots. - All harbor pilots, before 
practicing the profession, must get an accreditation from the Pilotage 
Committee. The Pilotage Committee shall accredit only a limited number of 
harbor pilots per district or port for efficiency purposes. The accreditation will 
not result to an employer-employee relationship between the Authority and the 
harbor pilot-applicant. The Pilotage Committee may.appoint a duly accredited 
harbor pilot for a particular port or district on a temporary basis in the absence 
of a qualified applicant for said area. The appointee must be in the list of duly 
licensed harbor pilots of the Pilotage Committee and familiar with the area 
concerned. The temporary appointments shall be valid while the exigency 
subsists and shall be automatically terminated upon the accreditation of a 
qualified harbor pilot. 
SECTION 13. Establishment and Accreditation of a Pilotage Organization. 
- The Pilotage Committee shall encourage harbor pilots to organize themselves 
into a corporation, partnership or cooperative. Said organizations must be duly 
registered with either the SEC or the CDA. The Pilotage Committee shall only 
issue accreditation certificates to qualified harbor pilot organizations. The 
permit to operate a particular pilotage district may only be granted upon proof 
of financial, technical and administrative capabilities of the applicant pilotage 
organization. 
The Authority may appoint other duly accredited harbor pilotage 
organizations to temporarily take-over the services of a suspended pilotage 
organization in the event of the latter's failure or refusal to perform its 


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functions and render pilotage service within its service area. Such temporary 
appointment shall continue until upon the resumption of the pilotage services 
following the lifting of the suspension of the pilotage organization concerned. 
SECTION 14. Record. - Harbor pilots or harbor pilot organizations shall 
keep a record of his or its operations and financial transactions and such other 
records or reports pertaining to pilotage service operations. Such records shall 
be made open to member-pilots and concerned government agencies for 
inspection and examination. 
SECTION 15. Operating Capital, Equipment and Facilities. - To effectively 
and efficiently render pilotage services, individual pilot and pilot organizations 
shall make available such operating capital equipment or facilities as may be 
required by the Pilotage Committee. 
SECTION 16. Pilotage Safety Development Trust Fund (PSDTF). - There is 
hereby established a Trust Fund to be known as the Pilotage Safety 
Development Trust Fund (PSDTF), to be administered by the Pilotage 
Committee concerned in accordance with existing government accounting and 
auditing rules and regulations. 
An amount equivalent to five percent (5%) of the gross amount of pilotage 
fees paid to the harbor pilots for rendering pilotage services shall be collected to 
establish the PSDTF. The Trust Fund shall be deposited as trust receipts in the 
National Treasury and shall be disbursed and utilized for the following 
purposes: 
(a) Installation and/ or upgrading of pilotage equipment and facilities to 
conform with international safety standards for navigation; 
(b) Developmental loans for the acquisition of capital equipment 
necessary to render pilotage services in the respective harbor pilotage districts; 
(c) Such other projects for the promotion and development of maritime 
safety involving pilotage services as well as for the protection of marine 
environment; and 
(d) Administrative expenses of the Pilotage Committee. 
Except for the payment of per diems, the Trust Fund shall not be used to 
fund other personal services expenditures and acquisition of motor vehicles. 
The pilotage committees shall render a quarterly report to the Secretary 
of the DOTC of the status of the PSDTF, including the detailed disbursements 
therefrom. 
No disbursements from the PSDTF shall be made unless in accordance 
with the program of work and expenditures duly approved by the Pilotage 
Committee concerned. 
Except as provided in the immediately succeeding section, no other 
charges or imposition by way of government share shall be levied on the gross 
income of harbor pilots derived from. rendering pil9tage services .and in the 
exercise of their profession as harbor pilots. 


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SECTION 17. Government Share in Pilotage Service. - The Secretary of 
the DOTC, in consultation with the pilotage committees established under this 
Act, shall fix the rate of government share on the gross income of harbor pilots 
derived from rendering pilotage services. Such amount shall be levied by the 
Authority concerned on such terms and conditions as the Secretary may 
impose. The rate herein stated shall be reviewed once every five (5) years or 
earlier when economic circumstances require. 
SECTION 18. Grounds for Suspension or Cancellation of Accreditation. -
The Pilotage Committee may cancel or suspend the accreditation of harbor 
pilots and pilot organizations on the following grounds: 
(a) Refusal or failure to render effective and efficient pilotage service; 
(b) Failure or refusal to observe and comply with safety standards and 
port policies; 
(c) Gross incompetence, which resulted to loss of cargoes, loss of lives 
and destruction of vessel and harbor properties; 
(d) Implementation of rates and fees without the approval of the 
Committee; 
(e) Involvement or participation in illegal activities such as smuggling and 
trafficking passengers; 
(f) Refusal to cooperate and submit to an audit called for by the Authority 
or other government agency in relation to his or its pilotage operations, as the 
case may be; 
(g) Failure or refusal to post the required performance bond and other 
related fees; 
(h) Failure or refusal to remit the government share in the pilotage fees; 
(i) Failure to maintain the required capitalization requirement, equipment 
and facilities that may require in connection with its accreditation; 
(j) Failure to comply with the substantive requirements of the Pilotage 
Committee; 
(k) Failure or refusal to post the required indemnity insurance; 
(1) Intoxication and use of prohibited drugs during the performance of 
one's duties as a harbor pilot; 
(m) Use and submission of any false or forged documents for the purpose 
of obtaining the Harbor Pilot License or appointment; 
(n) Acts prejudicial to the Professional Code of Conduct for harbor pilots. 
(0) Physical or mental impediment to render pilotage services as may be 
determined by a physician accredited by the Department of Health; or 
(p) Failure to comply with any of the provisions of this Act and its 
implementing rules and regulations (IRR). 


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SECTION 19. Responsibility of the Owner, Agent or Master of a Vessel. -
The owner, agent or master of a vessel shall only employ duly licensed and 
accredited harbor pilots to render pilotage services in a particular district or 
port. A person acting in violation of this section shall be fined in such amount 
as may be prescribed by the Pilotage Committee. For this purpose, the Pilotage 
Committee shall publish the list of accredited harbor pilots and their respective 
jurisdictions in such manner as to ensure that every owner, agent or master of 
a vessel is properly informed. 
SECTION 20. Limitation of Pilot's Liability. - A harbor pilot licensed to act 
as such by the Pilotage Committee and authorized to provide pilotage services 
in the different harbor pilotage districts shall not be liable for damages in 
excess of the amount of Five hundred thousand pesos (P500,OOO.OO) for 
damages or loss occasioned by a pilot's errors, omissions, fault or neglect in 
the performance of pilotage services, except as may arise by reason of one's 
willful misconduct or gross negligence. 
Each harbor pilot shall post an indemnity insurance bond from the 
Government Service Insurance System (GSIS) or from such reputable 
insurance company acceptable to the Pilotage Committee, to cover the limit of 
the liability or for such amount as may be required by the Pilotage Committee. 
The harbor pilot shall be free from responsibility for damage, injury or death 
arising from the negligence of the master and crew of the vessel under pilotage, 
unseaworthiness of the vessel, breakdown of its machineries and equipment, 
force majeure or fortuitous event. 
Upon actual boarding a vessel to provide pilotage services, that pilot 
becomes a servant of the vessel and its owner and operator. Nothing in this 
section exempts the vessel, its owner or its operator from liability for damage or 
loss occasioned by that ship to a person or property on the ground that: 
(a) the ship was piloted by a duly licensed pilot; or 
(b) the damage or loss was occasioned by the error, omission, fault or 
neglect of a pilot duly licensed by the Pilotage Committee. The harbor pilot on 
board a vessel under pilotage service shall serve as adviser of the master 
during and at the time of his engagement in the conduct and maneuver of the 
vessel. The master of the vessel, its owner and agents are not relieved of 
responsibility for any loss or damage caused by or to the vessel even while the 
vessel is under compulsory pilotage. 
SECTION 21. Penal Provision. - A fine of not less than Twenty thousand 
pesos (P20,OOO.OO) nor more than Two hundred thousand pesos (P200,OOO.OO) 
. or imprisonment for a period of not less than one (1) year nor more than six (6) 
years or both such fine and imprisonment, at the discretion of the court, shall 
be imposed upon: 
(a) Any person who shall render pilotage services without license and 
appointment by the Pilotage Committee; 
(b) Any person who represents one's self as a harbor pilot for a particular 
pilotage district without being a member of the pilotage organization for the 
said particular harbor pilotage district; 


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(c) Any person who shall give any false or forged documents for the 
purpose of obtaining the harbor pilot license or appointment; 
(d) Any person who shall use an expired, revoked or suspended harbor 
pilot license or appointment to perform pilotage services; and 
(e) Any person who shall assume, use or advertise the title of a harbor 
pilot under one's name, or any description to convey the impression that he is 
an active and duly licensed harbor pilot without holding a valid harbor pilot 
license and appointment issued by the Pilotage Committee. 
SECTION 22. Issuance of New Accreditation to Incumbent Harbor Pilots. -
Incumbent pilots in all pilotage districts shall be issued new accreditations in 
accordance with the provisions of this Act. In no case shall said new 
accreditations exceed the compulsory retirement age for harbor pilots as 
provided for in this Act. 
SECTION 23. Transitory Provisions. - Harbor pilots duly authorized by 
the Authority to render pilotage services prior to the effectivity and 
implementation of this Act shall continue to exercise their profession and be 
given a period of two (2) years to comply with the qualification requirements 
under this Act. They shall be given preference over new applicants as long as 
they have substantially complied with the requirements stated in this Act. 
The prevailing rates upon the approval of this Act shall be charged for pilotage 
services until a new set of rates are imposed by the pilotage committees 
following the effectivity of this Act. 
SECTION 24. Implementing Rules and Regulations (IRR). - The DOTC as 
lead agency, in coordination with the Maritime Industry Authority, the PPA, the 
port authorities of economic zones, the port authorities of autonomous regions 
and other chartered port authorities, shall promulgate the IRR of this Act 
within a period of three (3) months from the date of effectivity of this Act. 
SECTION 25. Separability Clause. - If any part or provision of this Act is 
declared as unconstitutional or invalid by a court of competent authority, the 
remaining provisions which are not affected thereby shall continue to be in full 
force and effect. 
SECTION 26. Repealing Clause. -
Executive Order No. 1088 dated 
February 3, 1986 is hereby repealed. Other laws, decrees, issuances, rules and 
regulations or any part thereof which are inconsistent with or contrary to the 
provisions of this Act are hereby repealed or modified accordingly. 
SECTION 27. Effectivity Clause. - This Act shall take effect fifteen (15) 
days after its complete publication in the Official Gazette or in two (2) 
newspapers of general circulation. 
Approved,