'SENA I E 
OFFICE T)F 71% SECRETARY 
THIRTEENTH CONGRESS OF THE 
) 
First Regulw Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
5 MAR -1 
#o:ds 
SENATE 
RECEIVED 5Y: 
, 
2840 
S. B. No. 
_ _  
Introduced by SENATOR JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Due to the country's archipelagic nature, marine transportation plays a 
pivotal role in the coiimiercial life of the nation. Yet it this very same nature also 
plays host to a iiumber of marine tragedies which at times caiiiiot be avoided. 
This bill therefore provides for the mechanism for the maiidatory 
reporting of marine casualties so as to ensure the delivery of adequate remedy to 
marine victims of marine accidents. 
Inmediate passage of this bill is thus earnestly recommended. 
I 
Senator 


THIRTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
Fi& Regular Session 
1 
S E N A T E  
1940 
s, B. Ma. __ 
5 
MAR -1 
AIO:&j 
Introduced by SENATOR m G G O Y  EJERCITO ESTRADA 
Be it enacted by the Senafe and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Tffle. - Tfiis Act shall be known as "Marine Casualties 
Management and Reporting Act". 
S,EC 2. Dec!mdon ofPo!fc&- It is, haelmy declared to be the policy of the State 
to provide adequate remedy to the victims of marine accidents by requiring mandatory 
reporring o'fmarine casualties. 
SEC. 3. Procedure. '- 
(a): 
Marine Casualties and Reporting.- The Secretiuy of Transportation and 
Communications, hereinafier referred to as the Secretary, shall prescribe 
regulations on the marine casualties to be reported and the manner of 
reporting. 
The regulations shall require reporting the following 
marine c d t i e s :  


(1) 
death of an individual, 
(2) 
(3) 
material loss of property; 
(4) 
serious injury to an individual; 
material damage fiecting the seaworthiness or efficimcy of the 
vessel; and 
significant harm to the environment. 
(5) 
A 
marine casualty shall be reported within five (5) days fiom the 
occmence of a marine accident. Each reporf skl1 indude information as 
to the causes of the accident and whether the use o f  alcohol or liquor 
contributed to the casuaIty. 
A marine casualty not resulting in the death o f  an individual shall be 
dassified according to the gravity of the casualty, as prescribed by 
regulation, giving consideration to the extent of injuries to individuals, the 
extent of property damage, the dangers that the casualties create, the size, 
occupation and means of propulsion of each vessel involved. 
The Secrefary shall collect, analyze and publish reports, information and 
statistics on marine casualties together with findings and recommendations 
the Secretary deems appropriate. 
SEC. 4. Znvesiigafion of Marine Casualties.- The Secretary shall prescribe 
regdations for the immediate investigation ofmasine casualties under this Act, as closely 
as possible - 
(1) 
(2) 
the cause ofthe casualty, including the cause of any death; 
whether an act of misconduct, incompetence, negligence, unskillfulness or 
willfur vioIation of law committed by any individual licensed, certified, or 


documented under this Act, has contributed to the cause of the casualty, or 
to a death involved in the casualty, so that appropriate remedial action 
may be taken; 
whether an act of misconduct, incompetence, negligence, unskillfihess or 
willful violation of law committed by any person, including an officer, 
emptoyee or member of the Phflippine Coast Guard, contributed eo the 
cause of the casualty, or to a death involved in the casualty. 
whether there is evidence that an act subjecting the offender to a fine 
under the laws o f  the Philippines has been commified, so that appropriate 
action may be undertaken to collect the appropriate fine. 
whether there is evidence that a criminal act under the laws of the 
Fhifippmes has been committed, the matter may; be referred to the 
appropriate authorities for prosecution; and 
whether there is a need for new taws or regulations, or amendment or 
repeal of existing laws or regulations, to prevent the recurrence of the 
casualty. 
SEC. 5. Public Znvestigations.- Each investigation prescribed and conducted 
under this Act shall be open to the public, except when evidence affecting the national 
security is to be received. 
SEC. 6. E&&& of Parfies irr Interest- In an investigation under &is Act, the 
following shall be allowed to be represented by counsel, to cross-examine witnesses and 
to call witnesses: 
(1) 
owner; 
(2) 
any holder of a License or CertZcaFe ofregistry; 


(3) 
(4) 
(5) 
any holder of a merchant mariner’s document; 
any other person whose condbct is under investigation; and 
any other party in interest. 
,%E., 
7. SepaaaMIEEy €&use. -, If my provision or part hereod; is held iuvakid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. 
SEC. 8. Repealing Clausc- Any law, presidential decree or issuance, executive 
order, letter of instruction, adminktrative arda, de. 
or regulation contrary to or 
inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SEC. 9. Effectivify Clause.- This Act shall take effect fifteen (15) days aRer its 
publication in at least two (2) newspapers of general circdation. 
Approved