NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 1121
;l:,. 0ffur of Hit' i'f'.ii
•22 AUG 10 P5 35
Rl-CEil' } OV
Introduced by Senator Grace Poe
AN ACT
CREATING A PHILIPPINE TRANSPORTATION SAFETY BOARD, 
PRESCRIBING ITS POWERS AND FUNCTIONS, AND APPROPRIATING 
FUNDS THEREOF
EXPLANATORY NOTE1
Car chases are a staple of 80's >c7//7<9/action movies. One can recall scenes of 
action-star bidas being chased by goods through the streets of old Manila. Usually, 
the bida would escape by making a sharp turn. This would cause the goons to crash 
into a conveniently located stack of crates or into a proverbial fruit stand.
Road accidents in real life are neither as high-octane nor as glamorous. And 
the costs, in human and financial terms, are often worse. According to a 2005 study 
by the UP National Center for Transportation Studies, a single road accident costs up 
to 3.47 million pesos. In Metro Manila alone, road accidents claimed the lives of 317 
individuals, and injured 11,378 others in 2017. Maritime accidents claimed the lives of 
1,540 individuals in the same year.
In fact, accidents are the fifth leading cause of death, just behind pneumonia, 
malignant neoplasm, vascular diseases, and diseases of the heart. Yet road accidents 
are the most predictable and preventable of these causes of death. Better drivers, 
stronger enforcement of transport-related laws, and more responsive emergency care 
are a few simple steps which can—and should—be taken in this direction.
1 This measure is also inspired by the efforts of road safety advocate Ms. Elvira Medina of the National 
Commuter Safety and Protection. Portions of this explanatory note were previously published in 
Transport Asia magazine.


Institutional change is an important part of eliminating road accidents from the 
country. Currently, our transport sector is governed by scattered hodgepodge of 
regulators, bureaus, and agencies. Transport safety is part of their respective 
mandates, but it is neither their primary focus nor their core specialization. Thus, this 
representation submits that we need a single dedicated agency which will not only 
Investigate accidents but also look at predicting, reducing and preventing them.
The present measure proposes to establish an independent and non-regulatory 
Philippine Transportation Safety Board (PTSB) which shall be mandated to investigate 
transportation related accidents on land, sea and air including railway and pipeline 
systems. Among the functions of the proposed PTSB include conducting safety 
inspections on land, sea and air transportation and appraising or assessing existing 
practices and policies regarding the transportation sector.
However, the PTSB will not mere be a reactive government body, limited only 
to investigating accidents. It can also undertake and publish studies on making 
transportation as safe and free from risk of Injury as possible. In this sense, the Board 
performs a proactive function, looking into the causes and determinants of transport 
accidents and helping to prevent them. After all, prevention is always better than 
Investigation.
This measure is filed in hope that, one day, we may reach a point where the 
only transport accidents that occur are those onscreen—when the bida makes a sharp 
turn and the goons crash Into a nearby stack of crates, an outdated legacy of a 
bygone, more hazardous era.
As such, approval of this measure is earnestly sought.
* ^ GR.4CE P(^


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 1121
;3>fiw;c 
of ill-' S? 1
•22 WJG 10 P5 35
RKEIV: j H;
Introduced by Senator Grace Poe
AN ACT
CREATING A PHILIPPINE TRANSPORTATION SAFETY BOARD, 
PRESCRIBING ITS POWERS AND FUNCTIONS, AND APPROPRIATING 
FUNDS THEREOF
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Title. - This Act shall be known as the "Philippine Transportation
2 
Safety Board Act".
3 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
4 
promote safety in the transportation of people and goods through cost-effective
5 
measures that either prevent, remedy or mitigate crashes, accidents and serious
6 
incidents involving any mode of transport, including pipelines and conveyors. Towards
7 
this end, the Government shall:
8 
(a) Conduct Independent investigations on transportation accidents and incidents;
9 
(b) Support safety programs based on continuing and objective reviews of causes
10 
or reasons for unsafe acts and conditions; and
11 
(c) Appraise and assess operating practices and operational regulations of
12 
government agencies involved in the transportation sector, insofar as they
13 
relate to safety measures, and when appropriate, shall initiate, coordinate,
14 
formulate and adopt additional safety standards consistent with international
15 
best practices for the observance and implementation by the concerned
16 
government agencies and/or private entities.


1 
Sec. 3. Creation of the Philippine Transportation Safety Board, - There is hereby
2 
created a Philippine Transportation Safety Board, hereinafter referred to as the
3 
"Board" which shall be attached to the Office of the President.
4 
Sec. 4. Composition and Organization. -
5 
(a) The Board shall be composed of seven (7) full time Members, headed by a
6 
Chairman. The Chairman and all six (6) Members of the Board, shall be
7 
appointed by the President and must:
8 
1) Be a Filipino citizen at the time of his/her appointment;
9 
2) Have at least three (3) years of actual experience in the administration,
10 
operation and management of a transport utility firm or regulatory
11 
agency in transportation and traffic safety; and
12 
3) Be knowledgeable in crash and incident reconstruction, safety
13 
engineering or transportation and traffic safety.
14 
Provided, That each transportation sector—land, rail, air, and sea—shall
15 
be represented by one Board Member each: Provided, further, That two (2) of
16 
the full-time Members must come from the commuting public, including
17 
organizations advocating for road safety.
18 
(b)The Chairman shall have a term of five (5) years but may be renewed for a
19 
non-extendible period of one (1) year: Provided, That the term of the initial
20 
appointees shall be staggered, such that three (3) Members shall hold office
21 
for three (3) years and the other three (3) Members for two (2) years.
22 
(c) Upon the expiration of their respective terms, the Members shall continue to
23 
serve until their successor Is appointed and qualified. In case a Member fails to
24 
complete his term, his successor shall only serve the unexpired portion of the
25 
term of his predecessor.
26 
(d) A Member may be removed from office by the President for cause in accordance
27 
with the Civil Service rules and regulations.
28 
(e)The Chairman shall be the Chief Executive Officer of the Board. He shall
29 
exercise ail the powers and discharge all functions of the Board. He shall
30 
exercise control over all personnel employed by the Board, including the
31 
following:
32 
1) The appointment and supervision of personnel employed by the Board;


1 
2) The distribution of business among such personnel and among any
2 
administrative units of the Board; and
3 
3) The use and expenditure of the funds of the Board.
4 
(f) The Board shall establish and maintain distinct appropriately staffed bureaus,
5 
division, or offices, to conduct research, investigate and report on crashes,
6 
accidents, and serious incidents involving each of the following modes of
7 
transportation:
8 
1) Aviation;
9 
2) Motor vehicles;
10 
3) Railroads and tracked vehicles;
11 
4) Pipelines, and
12 
5) Marine transport carriers.
13 
(g)The Board shall, in addition, establish and maintain such capabilities as may be
14 
needed to investigate and report on the safe transportation of hazardous and
15 
toxic materials.
16 
Sec. 5. The Executive Director. -
17 
(a) The Board shall have an Executive Director, who shall be appointed by the
18 
Chairman.
19 
(b) No person shall be appointed Executive Director unless he is at least thirty five
20 
(35) years of age at the time of his appointment, a member of the Philippine
21 
bar, and who has practiced his profession for at least ten (10) years prior to
22 
the date of his appointment. He also must not have been a candidate for any
23 
elective position in the elections immediately preceding his appointment.
24 
(c) The Executive Director shall:
25 
1) Record and officially report on the proceedings of the Board;
26 
2) Have authority to administer oaths in ail matters falling within the
27 
jurisdiction of the Board;
28 
3) Be responsible for running the day to day operation of the Board;
29 
4) Act as the custodian of the records, maps, profiles, reports, and other
30 
documents and papers filed in connection with any case or proceeding
31 
before the Board;


1 
5) Be responsible for the effective implementation of the policies, rules, and
2 
directives promulgated by the Board;
3 
6) Coordinate and supervise the activities of the different operating units
4 
of the Board; and
5 
7) Perform such other functions as may be assigned to him by the Chairman
6 
and/or the Board.
7 
Sec. 6. Compensation. -
8 
(a) The Chairman and the Members of the Board shall have the rank of a
9 
Department Secretary and Undersecretary, respectively. They shall receive the
10 
compensation and other emoluments corresponding to those of a Department
11 
Secretary and Undersecretary, respectively.
12 
(b)The Executive Director shall have the rank of Assistant Secretary and shall be
13 
entitled to compensation and other emoluments corresponding to those of an
14 
Assistant Secretary.
15 
(c) The Chairman, the Members of the Board, and the Executive Director shall be
16 
entitled to commutable representation and transportation allowances per
17 
month in the amount not exceeding the monthly salary of the lowest-paid
18 
regular employee of the Board.
19 
(d)The Board shall determine the schedule of salaries of the employees subject to
20 
the compliance with the existing compensation law: Provided, That the Board
21 
shall determine and fix the compensation and fringe benefits of employees
22 
holding technical positions that are not common to the agencies of the
23 
government which shall be specified in the implementing Rules and
24 
Regulations.
25 
Sec. 7. Duties and Functions of the Board. - The Board shall:
26 
(a) Investigate or cause to be investigated and determine the facts, conditions,
27 
circumstances, and cause of any of the 
following:
28 
1) Aircraft accidents and serious incidents, except those involving State
29 
aircrafts, in accordance with ANNEX 13 of the International Civil Aviation
30 
Organization regulations;
31 
2) Motor vehicle crashes, including railroad grade crossing incidents;


1 
3) Railroad incidents and accidents, including those involving passenger
2 
trains, which resulted to death, injury, or substantial damage to
3 
property;
4 
4) Pipeline incident, in which there is fatality or substantial property
5 
damage;
6 
5) Major maritime transportation and aerial accidents or incidents occurring
7 
within Philippine maritime jurisdiction, except those involving domestic
8 
and foreign military vessels and ships, occurring within the national
9 
territory of the Philippines: Provided, That the Board may aid in any
10 
investigation concerning such exempted vehicles if it has secured prior
11 
consent from the proper government agency; 
and
12 
6) Other serious incidents involving the transportation of people and
13 
property, which, in the judgement of the Board, are catastrophic and of
14 
a recurring character.
15 
(b) Report in writing to Congress and the President on the facts, conditions, and
16 
circumstances of each incident investigated pursuant to Section 7 (a) of this
17 
Act, and make such report available to the public within sixty (60) days from
18 
the completion of the Board's investigation, except in certain cases enumerated
19 
in Section 12 of this Act;
20 
(c) Initiate and conduct special studies and investigation on matters pertaining to
21 
safety in transportation and avoiding injury to persons and damage to property;
22 
(d) Gather, analyze, maintain, and publish from time to time data and statistics on
23 
transportation crashes, accidents and incidents;
24 
(e) Prescribe requirements for persons or agencies reporting transportation
25 
incidents, in accordance with their own mandates, except those which involve
26 
military vessels or aircrafts; and
27 
(f) Perform such other functions as may be necessary to effectively implement the
28 
objectives and provisions of this Act.
29 
Sec. 8. Powers of the Board. -
30 
(a) The Board or any Member so designated may conduct hearings, administer
31 
oaths, and require the attendance and testimony of witnesses and the


1 
production of papers, contracts, agreements and all other relevant documents
2 
deemed necessary in any inquiry or investigation pending before the Board.
3 
(b)Any representative authorized by the Board, upon presenting appropriate
4 
credentials, may enter any property wherein a transportation incident has
5 
occurred or wreckage from such Incident is located in order to Investigate such
6 
incident. The representative may Inspect at reasonable times, records, files
7 
processes, controls, and facilities relevant to the investigation of such incidents.
8 
Each inspection shall be commenced and completed with reasonable
9 
promptness.
10 
(c) In investigating aircraft accidents or serious incidents, the Board may inspect
11 
and test, to the extent necessary, any civil aircraft engine, equipment,
12 
propeller, appliance, or property on an aircraft involved in an accident or serious
13 
incident in air commerce: Provided, however. That any civil aircraft engine,
14 
equipment, propeller, appliance, or property on an aircraft involved in air
15 
commerce shall be preserved, and may be moved, only as prescribed by
16 
regulations promulgated by the Board.
17 
(d)An officer or employee of the Board may examine or test any motor vehicle,
18 
vessel, rolling stock, track, or pipeline component involved in an accident or
19 
incident. Such examination or test shall be conducted in a manner that:
20 
1) Does not unnecessarily, interfere with the transportation services
21 
provided by the owner or operator of the motor vehicle, vessel, rolling
22 
stock, or pipeline component; and
23 
2) To the maximum extent feasible, preserves evidence related to the
24 
accident, consistent with the needs of the investigation.
25 
(e)The Board shall have the sole discretion to:
26 
1) Decide the manner of inspection and examination of evidence pursuant
27 
to this Act;
28 
2) Identify the person or persons who or entity that will conduct the
29 
inspection, examination or test; and
30 
3) Identity the type of examination or test to be conducted.
31 
Provided, That a representative from concerned government agencies shall
32 
be present during the inspection, examination, or test conducted pursuant to


1 
this Act: Provided, further, That all examinations and tests shall be properly
2 
documented by photographs and videos.
3 
(0 The Board may use a laboratory record made available to it under this Act to
4 
develop an evidentiary record in its investigation of an accident or incident if:
5 
1) The fitness of the tested officer or employee is at issue in the
6 
investigation; and
7 
2) The use of that record is necessary to develop the evidentiary record.
8 
(g)The Board may require and shall be furnished a copy of the autopsy reports by
9 
the official concerned on any person who died as a result of having been
10 
involved in a transportation accident. The Board may order, if necessary, the
11 
autopsy of such other deceased, or require tests on such other person or
12 
persons as may be needed for the investigation of the accident.
13 
(h)The Board may enter into such contracts, leases, agreements and other
14 
transactions as may be necessary in the conduct of its functions and duties.
15 
(i) The Board may call the assistance, and use any available services, equipment,
16 
and facilities of the Department of Justice (DOJ), Department of Transportation
17 
(DOTr), Philippine Coast Guard (PCG), Department of National Defense (DND),
18 
Department of Health (DOH), Metropolitan Manila Development Authority
19 
(MMDA), Department of Public Works and Highways (DPWH), Philippine
20 
National Police (PNP), National Bureau of Investigation (NBI), Local
21 
Government Units (LGUs), and other agencies and instrumentalities of the
22 
government.
23 
(j) The Board may create advisory committees composed of qualified private
24 
citizens and government officials with whom the Board may consult in the
25 
implementation of its functions and duties and to pay honoraria of these
26 
persons for meetings actually attended. Whenever necessary, the Board may
27 
likewise appoint or retain the services of recognized experts as consultants on
28 
the incidents under investigation. Such consultants shall be paid compensation
29 
as fixed by the Board: Provided, That not more than three (3) consultants shall
30 
be appointed for each incident being investigated: Provided, further. That no
31 
officer, external auditor, or legal counsel of any private company or enterprise


1 
primarily engaged in the transportation industry shall be eligible for
2 
appointment as a consultant of the Board;
3 
(k) Any law to the contrary notwithstanding, the Board may accept voiuntary and
4 
uncompensated services;
5 
(I) The Chairman of the Board may determine the number of committees that are
6 
appropriate to maintain effective iiaison with other departments, agencies and
7 
instrumentalities of the national government and LGUs, non-government
8 
organizations, and independent standard-setting authorities that carry out
9 
programs and activities related to transportation safety. The Board shall
10 
designate representatives to serve in the committees.
11 
(m) The Board or any officer or empioyee designated by the Chairman, may conduct
12 
an inquiry to obtain information related to transportation safety;
13 
(n) The Board may require the submission of records, findings, and/or
14 
recommendations of previous incidents and/or investigations of such incidents,
15 
from any government agency. For this purpose, the agency concerned shall
16 
transmit to the Board, within fifteen (15) days from receipt thereof, said
17 
records, findings, and/or recommendations.
18 
(o) The Board, or its designated officer or empioyee, may issue Orders requiring a
19 
department; agency or instrumentality of the national government; LGU; or a
20 
person, natural or juridical, which transports persons or goods; to submit to
21 
the Board written answers or reports pertaining to questions the Board may
22 
propound in line with its current investigations. The Board shall prescribe a
23 
reasonable time within which the reports and the answers thereto must be
24 
submitted to its designated officer or employee.
25 
Sec. 9. Consideration of Internationai Law, - In the exercise of its powers, the
26 
Board shall take into consideration and abide by the provisions of any treaty entered
27 
into by the Republic of the Philippines with other countries relative to the investigation
28 
of accidents over which the Board assumes jurisdiction.
29 
Sec. 10. Use of Reports as Evidence. - No part of any report or reports of the
30 
Board relating to any accident or incident, or investigation thereof, shall be admitted
31 
as evidence or used in any suit or action for damages arising out of any matter


1 
mentioned in such report or reports, except when the criminal aspect of the accident
2 
or incident is put into issue.
3 
Sec. 11. Relationship with Other Government Agencies. -
4 
(a) The Board shall have original jurisdiction over incidents enumerated in Section
5 
7(a) of this Act; however, nothing in this Act shall deprive other government
6 
agencies from performing their intrinsic and mandated functions, including the
7 
investigation of accidents or making Inquiries thereon, when those functions
8 
exist prior to the effectivity of this Act: Provided, however, That the Board, at
9 
its discretion, may require the submission of the records, findings, and
10 
recommendations of the investigation or inquiry, pursuant to its power under
11 
Section 8 of this Act;
12 
(b)The PNP and other law enforcement agencies shall continue to investigate and
13 
record incidents involving motor vehicles and/or pedestrians in accordance to
14 
their operational procedures or protocols; and
15 
(c) Any law to the contrary notwithstanding, the head of the concerned agency
16 
shall, upon order or written request by the Board, provide the following
17 
information to the Board:
18 
1) Any report or a confirmed positive toxicological test, verified as positive
19 
by the medico-legal officer of the PNP or the NBI, conducted on an
20 
officer or employee of the concerned agency under post-accident,
21 
unsafe practice, or reasonable toxicological requirements of the
22 
concerned with the circumstances of an accident or incident under the
23 
investigative jurisdiction of the Board; and
24 
2) Any laboratory record documenting that the test is confirmed positive.
25 
Sec. 12. Disclosure, Availability, and Use of Information. -
26 
(a) Except as provided in this Section, any record, information or investigative
27 
report submitted to the Board shall be made available to the public upon
28 
request and at reasonable cost, unless the Board or the Department of Justice
29 
prohibits such disclosure due its possible adverse domestic or international
30 
impact;
31 
(b)The Board shall not disclose any information related to a trade secret except:


1 
1) To another department, agency, or instrumentality of the national
2 
government, when requested for official use;
3 
2) To a committee of Congress having jurisdiction over the subject matter
4 
to which the investigation is related, when requested by that committee;
5 
and
6 
3) To the public: Provided, That such disclosure shall be for the protection
7 
of public health and safety: Provided, further, That the information
8 
disclosed will not be detrimental to public health and safety: Provided
9 
fmaiiy. That the disclosure shall be made In a manner designed to protect
10 
and preserve its confidentiality.
11 
(c)The Board shall not publicly disclose any part of a CCTV footage or voice
12 
recording or transcript of oral communications relating to an incident being
13 
investigated by the Board: Provided, however. That this provision shall not
14 
apply:
15 
1) When the Board holds a public hearing on the accident or incident; or
16 
2) When the Board makes public its findings relative to the said accident or
17 
incident.
18 
(d) Except as provided in Section 12 (b) of this Act, the Board shall maintain the
19 
confidentiality of, and exempt from disclosure:
20 
1) Military secrets and findings used in the report, unless authorized by the
21 
DND to do so;
22 
2) Laboratory records provided to the Board;
23 
3) Medical information related to the test or a review of the test voluntarily
24 
provided to the Board by the tested officer or employee.
25 
Sec. 13. Immunity from Suits. - The member of the board and its employees
26 
shall have immunity from suit arising from the performance of its functions conducted
27 
in good faith, without fault and negligence, and without violation of any existing laws,
28 
rules and regulations during the pendency of its investigation of a transportation-
29 
related accident under its jurisdiction as provided under this Act.
10


1 
Sec. 14. Transportation Safety Fund. -
2 
(a) There is hereby created a Transportation Safety Fund ("Fund") from the Board's
3 
savings from its annual operating expense, which shall be deposited in a special
4 
trust fund administered by the Board.
5 
(b) Subject to the usual accounting and auditing rules and regulations, the Fund
6 
shall be used exclusively for the following purposes:
7 
1) Operational expenses in investigating major accidents;
8 
2) Studies and research in the causes and possible prevention of accidents
9 
and other disasters, as provided In this act;
10 
3) Reimbursement of extraordinary expenditures and expenses of
11 
government and private agencies and/or persons mobilized by the Board
12 
in investigating major accidents; and
13 
4) Training and related conferences to further and enhance the expertise
14 
of the officers and employees of the Board under the provisions of this
15 
Act.
16 
Sec. 15. Annual Report. - The Board shall submit to the President and Congress
17 
an annual report at the end of every calendar year containing, among others:
18 
(a) Statistical and analytical information of accident or incident investigations
19 
conducted and reviewed by the Board during the preceding year;
20 
(b) A survey and summary of the recommendations made by the Board to reduce
21 
the likelihood of the recurrence of those accidents, together with the observed
22 
response to each recommendation; and
23 
(c) A detailed appraisal of each accident Investigation and accident prevention
24 
activity of other departments, agencies, other instrumentalities of the national
25 
government and the LCDs.
26 
Sec. 16. Appropriations. - The sum of Fifty million pesos (P50,000,000.00) is
27 
hereby appropriated out of any funds in the National Treasury not otherwise
28 
appropriated, for the initial organization and operations of the Board. Thereafter, such
29 
sums, as may be necessary for the operations of the Board, shall be included in the
30 
annual General Appropriations Act.
31 
Sec. 17. Implementing Rules and Regulations. - Within sixty (60) days from
32 
the effectivity of this Act, the Board, in consultation with the DOJ, DOTr, Philippine
11


1 
Coast Guard, DND, DOH, MMDA, Civil Aviation Authority of the Philippines, Maritime
2 
Industry Authority, DPWH, PNP, and NBI, shall promulgate the implementing rules
3 
and regulations (IRR) for the effective implementation of this Act. The IRR shall
4 
provide procedures geared towards streamlined processes and swift justice by
5 
observing timelines or deadlines in rendering decisions and issuances, plain writing or
6 
easy-to-understand instructions, and over-all improvement of the industry.
7 
Sec. 18. Separability Clause. - If any part or provision of this Act is declared
8 
invalid or unconstitutional, the other parts not affected thereby shall remain valid.
9 
Sec. 19. Repealing Clause. - All laws, decrees, executive orders, issuances, or
10 
rules and regulations, or portions thereof, that are Inconsistent with this Act or any
11 
provision or provisions, thereof are repealed or modified accordingly.
12 
Sec. 20. Effectivity. - This Act shall take effect fifteen (15) days after its
13 
publication in two (2) newspapers of general circulation.
Approved,
12