FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
S E N A T E  
Senate Bill No. 4 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Due to the country's archipelagic nature, marine transportation plays a 
pivotal role in the commercial life of the nation. Yet it is this very same nature of 
our marine system which play host to a number of marine tragedies which at 
times cannot be avoided. 
This bill therefore provides for the mechanism for the mandatory reporting 
of marine casualties so as to ensure the delivery of adequate remedy to poor 
victims of marine accidents. 
Immediate passage of this bill is thus earnestly recommended. 
EJERCITO ESTRADA 
Senator 


7 
,.jij; -2 li,, 
FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
- ,. 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
?
~
~
~
~
1'y ; 
S E N A T E  
Senate Bill No. 454 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
REQUIRING MANDATORY 
REPORTING OF MARINE 
CASUALTIES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title - This Act shall be known as "Marine Casualties 
Management and Reporting Act". 
SECTION 2. Declaration of Policy.- It is hereby declared to be the policy 
of the State to provide adequate remedy to the victims of marine accidents by 
requiring mandatory reporting of marine casualties. 
SECTION 3. Procedure. - 
a) Marine Casualfies and Reporting. - The Secretary of Transportation 
and Communications, hereinafter referred to as the Secretary, shall 
prescribe regulations on the marine casualties to be reported and the 
manner of reporting. The regulations shall require the following marine 
casualties: 
1) death of an individual; 
2) serious injury to an individual; 
3) material loss of property; 
4) material damage affecting the seaworthiness or efficiency of 
the vessel; and 
5) significant harm to the environment. 


(b) A marine casualty shall be reported within five (5) days from the 
occurrence of a marine accident. Each report shall include information 
as to the causes of the accident and whether the use of alcohol or 
liquor contributed to the casualty. 
(c) A marine casualty not resulting in the death of an individual shall be 
classified 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. 
(d) The Secretary shall collect, analyze and publish reports, information 
and statistics on marine casualties together with findings and 
recommendations the Secretary deems appropriate. 
SECTION 4. Investigation of Marine Casualties.- The Secretary 
shall prescribe regulations for the immediate investigation of marine 
casualties under this Act, as closely as possible- 
the cause of the casualty , including the cause of any death; 
whether an act or misconduct, incompetence, negligence, 
unskillfulness or willful violation 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, employee or member of the Philippine Coast 
Guard, contributed to 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 of the Philippines has been committed, 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 
Philippines has been committed, the matter may; be referred to the 
appropriate authorities for prosecution; and 


(6) 
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. 
SECTION 5. Public Investigations.- Each investigation prescribed and 
conducted under this Act shall be open to the public, except when affecting the 
national security is to be received. 
SECTION 6. Rights of Parties in Interest- In an investigation under this 
Act, the following shall be allowed to be represented by counsel, to cross- 
examine witness and to call witnesses: 
owner; 
any holder of license or certificate of registry; 
any holder of a merchant marine's document; 
any other person whose conduct is under investigation; and 
any other party of interest. 
SECTION 7. Separability Clause. If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision shall remain 
valid and subsisting. 
SECTION 8. Repealing Clause. Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation 
contrary to inconsistent with, the provision of this Act is hereby repealed, 
modified or amended accordingly. 
SECTION 9. Effectivity Clause. This Act shall take effect fifteen (15) 
days after its publication in at least two (2) newspapers of general circulation. 
Approved,