EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S.B. No.
]
SENATE
748
Senate
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rrftar?
*19 JUL 24 All 57
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Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
PROVIDING FOR THE EMPLOYMENT OF QUALIFIED LIFEGUARDS AT ALL 
PUBLIC SWIMMING POOLS AND BATHING FACILITIES, AND PROVIDING 
PENALTIES FOR VIOLATION THEREOF
EXPLANATORY NOTE
Aquatic activities, although certainly enjoyable, pose a serious threat to life 
and limb when the proper safety protocols are not established and observed. The 
safety risks of aquatic activities are even larger for children. In fact, a 2009 report 
identified drowning as the second- leading cause of death among Filipino children1. 
According to the same article, drowning rates among children have remained at the 
same level for decades, indicating that it is an issue that has been inadequately 
addressed by public policy.
One area in which public policy can address this issue is the regulation of 
public swimming pools and bathing areas. Currently, some regulations do exist, but 
they are often not followed. One essential requirement - the presence of a lifeguard 
at ail times - is often forgotten or disregarded by the operators of these public water
1 Pazzibugan, D. {2009, December 15). Drowning 2nd top cause of kids deaths. Philpine Daily Inquirer. Retrieved 
January 20, 2015, from http:/ /newsinfo.inquirer.net/topstories/topstories/view/20091215-242104/Drowning-2nd- 
top-cause-of-kid-deaths


areas.
This legislation seeks to address these concerns by accomplishing the following:
1. Establishing a formula, based on World Health Organization standards, for the 
number of lifeguards required to be on-duty at all times at public swimming 
pools;
2. Mandating strict enforcement of the lifeguard requirement by the Department 
of Health; and,
3. Increasing the criminal liabilities for pool operators who fail to comply with 
the requirement, and penalizing negligent lifeguards whose actions, or lack 
thereof, result in the death or serious injury of persons.
Support for the passage and approval of this legislation is earnestly sought.


-> • 
.....
EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. B. No.
SENATE
748
of il).- »>l* frftar?
',9 
JUL 24 A* 1 1i1 57
P.CV
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT PROVIDING FOR THE EMPLOYMENT OF QUALIFIED 
LIFEGUARDS AT ALL PUBLIC SWIMMING POOLS AND BATHING 
FACILITIES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF
Be it enacted by the Senate and the House o f Representatives o f the 
Phiiippines in Congress assembied:
1 
SEC. 1. Short Title. - This Act shall be known as the "Lifeguard
2 
Act o f 2019".
3 
SEC. 2. Definition o f Terms. - The following terms, for the purposes
4 
of this Act, shall be defined as follows:
5 
a)Pubiic swimming pooi refers to any swimming pool or bathing facility
6 
operated for public or collective use, either for commercial purposes
7 
or free-of-charge, including but not limited to pools operated in hotels,
8 
inns, 
motels, 
condominium 
buildings 
and 
complexes, 
village
9 
clubhouses, and any other public setting, or residential setting other
10 
than a single-family home.
11 
h)Lifeguard refers to an expert swimmer trained in lifesaving techniques
12 
who 
is 
employed 
by 
the 
pool 
operator 
to 
protect 
bathers 
and
13 
swimmers, prevent drowning and related water injuries, and ensure


1 
orderly and safe use of the facilities.
2 
c) Operator refers to the owner, manager, administrator, or actual holder
3 
of sanitary permit of the facility.
4 
SEC. 3. Lifeguard Requirement. - Each public swimming pool shall
5 
employ at least one (1) certified lifeguard for every two-hundred-and-fifty
6 
(250) square meters of pool during all hours of operation. Said lifeguard shall
7 
be duly certified as such by any nationally-recognized organization accredited
8 
by the Department of Health.
9 
The pool operator shall provide the appropriate local government unit
10 
with a certification and supporting documents proving that he or she has
11 
hired and is currently employing the required amount of certified lifeguards at
12 
the pool based on the formula given in the preceding paragraph.
13 
SEC. 4. Role o f the Local Government Unit. - Pursuant to the
14 
provision of the Local Government Code, LCDs shall ensure the compliance of
15 
all public swimming pools with this Act through periodic local inspections
16 
coordinated by the Local Health Officers, or other personnel as It may see fit
17 
to assign. The respective LGUs shall not approve or renew the operating
18 
permit of the pool unless it has verified the certification and supporting
19 
docents mentioned in the preceding section of this Act.
20 
SEC. 5. Pena! Provisions. - The following penalties shall be
21 
imposed:
22 
a) A pool operator who fails to employ the required number of lifeguards
23 
as specified under Sec. 3 of this Act shall pay a fine of Twenty
24 
Thousand Pesos (P20,000.00) and the operating permit of the facility
25 
suspended for a period not exceeding sixty (60) days. Upon the second
26 
violation of this Act, the operator shall pay a fine of Fifty Thousand
27 
Pesos (P50,000.00) and the operating permit of the facility shall be
28 
suspended for a period not exceeding one-hundred-and-twenty (120)
29 
days. Upon the third violation of this Act, the operator shall pay a fine
30 
of One Hundred Thousand Pesos (P100,000.00) and the operating


1 
permit of the facility shall be revoked.
2 
b) In the event of serious injury or death of any person as a result of the
3 
use of the pool facilities, a pool operator who fails to employ the
4 
required number of lifeguards under Sec. 3 of this Act shall pay a fine
5 
of Two Hundred Thousand Pesos (P200,000.00) 
and 
shall 
be
6 
sentenced to not more than six (6) months of imprisonment.
7 
c) In the case mentioned in the preceding paragraph of this. Section, the
8 
LGU official responsible for the inspection of the shall be held
9 
administratively liable if the pool facility was able to continue its
10 
operations due to refusal, omission, or neglect to fulfil his or her duty.
11 
d) In the event of serious injury or death of any person as a result of the
12 
use of the pool facilities, any on-duty lifeguard who through gross
13 
negligence or imprudence fails to protect said person from injury or
14 
death shall pay a fine of Two Hundred Thousand Pesos (P200,000.00)
15 
and shall be sentenced to 
not more than one C I) year 
of
16 
imprisonment. The pool operator and the lifeguard shall be held jointly
17 
and solidarily liable for any civil liabilities imposed as a result of the
18 
negligent or imprudent act.
19 
SEC. 6. Separability Clause. - Should any part of this Act be
20 
declared unconstitutional, the rest of the provisions of this Act shall continue
21 
to be in effect and subsisting.
22 
SEC. 7. Repealing Clause. - The provisions of other laws, decrees,
23 
executive orders, rules and regulations inconsistent with this Act are hereby
24 
repealed, amended, or modified accordingly.
25 
SEC. 8. Effectivity. - This Act shall take effect fifteen (15) days after
26 
its publication in the Official Gazette and/or in at least two (2) national
27 
newspapers in general circulation.
Approved,