EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
::?^r lai;
cf (ijc
S E N A T E
s. No. 125
■19 
J U L -2  
A 8 5 9
Introduced by Senator Grace Poe
R lV.Li - L. IJI.
AN ACT
TO 
ESTABLISH THE 
NATIONAL TRANSPORTATION 
SAFETY BOARD, 
PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
Explanatory N ot^
Car chases are a staple of 80's pinoy action movies. One can recall scenes of 
action-star bidas being chased by goons 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 proverbiai 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.
Institutional change is an important part of eliminating road accidents from 
the country. Currently, our transport sector is governed by a 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.
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.


The present measure proposes to establish an independent and non- 
regulatory National Transportation Safety Board (IMTSB) 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 NTSB include conducting 
safety inspections on land, sea and air transportation and appraising or assessing 
existing practices and policies regarding the transportation sector.
However, the NTSB will not merely 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 the 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 out-dated legacy of 
a bygone, more hazardous era.
As such, approval of this measure is earnestly sought.
J^ACE POE


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
S E N A T E
s. No. _L25
U'll.
T ' -.-j O f f 'l ' of !iK
*19 JUL-2 A9:00
Introduced by Senator Grace Poe
RE’
AN ACT
TO 
ESTABLISH 
THE 
NATIONAL TRANSPORTATION 
SAFETY 
BOARD, 
PRESCRIBING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
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Section 1. Short Title. -  This Act shall be known as the 
"National
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Transportation Safety Board Act o f 2019."
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Sec. 2. Declaration o f Policy. -  It is hereby declared the policy of the State to
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promote safety in the transportation of people and goods through cost-effective
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measures that either prevent, remedy, or mitigate accidents involving any mode of
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transport, including pipelines and conveyors. Towards this end, the Government
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shall:
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a) Conduct independent accident investigations;
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b) Support safety programs based on continuing and objective reviews of
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causes or reasons for unsafety acts and conditions; and
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c) Appraise and assess operating practices and regulations of government
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agencies involved in the transportation sector, insofar as they affect
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safety, and where appropriate, shall initiate, coordinate, formulate or
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promulgate safety improvement standards for the observance and
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implementation by the concerned government agencies and/or private
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entities.


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Sec. 3. Creation o f the National Transportation Safety Board. -  There is
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hereby created a National Transportation Safety Board, hereinafter referred to as the
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"Board" which shall be attached to the Office of the President.
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Sec. 4. Composition and Organization. -
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a) The Board shall be composed of seven (7) full-time Members, headed by a
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Chairman, who shall be appointed by the President of the Philippines. A
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Member of the Board must be a naturai born citizen at the time of his/her
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appointment, and must have at least three (3) years of actual experience
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in the administration, operation and management of a transport utility firm
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or regulatory agency in either air, land, sea and rail transportation and
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knowledgeable 
in 
accident 
reconstruction, 
safety 
engineering 
or
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transportation and traffic safety: Provided, that three (3) of the full-time
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members 
must 
come 
from 
the 
commuting 
public 
including 
a
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representative from the organizations advocating for road safety.
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b) The Chairman shall have a term of five (5) years but may be renewed for
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a non- extendible period of one (1) year. Provided, that the term of the
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initial appointees shall be staggered such that the Chairman shali hoid
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office for a term of five (5) years; the next three (3) members for three
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(3) years and the other three (3) members for two (2) years.
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c) Upon the expiration of their respective terms, they shali continue to serve
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until their successor shall have been appointed and qualified. In case a
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member fails to complete his term, his successor shall only serve the
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unexpired portion of the term of his predecessor.
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d) A member may be removed from office by the President for cause in
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accordance with the Civil Service rules and regulations.
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e) The Chairman shall be the Chief Executive Officer of the Board. He shall
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exercise ali the powers and discharge all functions of the Board. He shall
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control over all personnel employed by the Board, including, the foilowing:
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1. The appointment and supervision of personnel employed by the Board;
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2. The distribution of business among such personnel and among any
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administrative units of the Board; and


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3. The use and expenditure of its funds.
f) The Board shall establish and maintain distinct appropriately staffed 
bureaus, division, or offices, to investigate and report on accidents 
involving each of the following modes of transportation:
1. Aviation;
2. Highway and motor vehicle;
3. Pipeline, railroad, and tracked vehicle; and
4. Marine transport carriers
g) The Board shall, in addition, establish and maintain such capabilities as 
may be needed to investigate and report on the safe transportation of 
hazardous and toxic materials.
Sec. 5. The Executive Director. -
a) The Board shall have an Executive Director who shall be appointed by the 
Chairman.
b) No person shall be appointed Executive Director unless he is at least thirty 
five (35) years of age at the time of his appointment, a Member of the 
Philippine bar, and who has practiced his profession for at least ten (10) 
years prior to the date of his appointment. He must not have been a 
candidate for any elective position in the elections immediately preceding 
his appointment.
c) The Executive Director shall;
1. Record and officially report on the proceedings of the Board and shall 
have authority to administer oaths in all maters falling within the 
jurisdiction of the Board.
2. Be responsible for running the day to day operation of the Board;
3. Act as the custodian of the records, maps, profiles, reports, and other 
documents and papers filed in connection with any case or proceedings 
before the Board;
4. Be responsible for the effective implementation of the policies, rules, 
and directives promulgated by the Board; and


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5. Coordinate and supervise the activities of the different operating units 
of the Board and shall perform such other functions as may be 
assigned to him by the Chairman and/or the Board.
Sec. 6. Compensation. -
a) The Chairman and the Members of the Board shall have the rank of a 
Department Secretary and Undersecretary, respectively. They shall receive 
the compensation and other emoiuments corresponding to those of a 
Department Secretary and Undersecretary, respectively.
b) The Executive Director shall have the rank of Assistant Secretary and shall 
be entitled to compensation and other emoluments corresponding to those 
of an Assistant Secretary.
c) The Chairman. The Members of the Board, and the Executive Director 
shall 
be entitled to commutable representation and transportation 
allowances per month in the amount not exceeding the monthly salary of 
the lowest-paid regular employee of the Board.
d) The Board shall determine the schedule of salaries of the employees 
subject to the compliance with the existing compensation law; Provided, 
that the Board shall determine and fix the compensation and fringe 
benefits of employees holding technical positions that are not common to 
the agencies of the government which shall be specified in the 
implementing Rules and Regulations.
Sec. 7. Duties and Functions o f the Board. -  The Board shall:
a) Investigate or cause to be investigated ad determine the facts, conditions, 
and circumstances and the cause of any of the following:
1. Aircraft accidents, in accordance with ANNEX 13 of the ICAO 
regulations. The result of the investigation shall be made available to 
the public by the Board within sixty (60) days from its completion.
2. Highway accidents, including raiiroad grade crossing accidents in 
coordination with the Local Government Unit (LGU) where the accident 
occurred.


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3. Railroad accidents in which there is fatality, substantial property 
damage, or which involved a passenger train.
4. Pipelines accidents, in which there is fatality or substantial property 
damage;
5. Major marine accident, except those involving 
military vessels, 
occurring on the navigable waters or territorial seas of the Philippines. 
The result of the investigation shall be made available to the public by 
the Board within sixty (60) days from its completion.
6. Other accidents involving transportation of people and property, which, 
in the judgement of the Board, are catastrophic and of a recurring 
character.
b) Report in writing to Congress and the President on the facts, conditions, 
and circumstances of each accident investigated pursuant to Section 7 (a) 
of this Act, and cause such report to be made available to the public by 
the Board within sixty (60) days from the completion of its investigation.
c) Issue periodic reports to Congress, the President, and to make it available 
to government agencies and instrumentalities, and non-government 
organizations concerned with transportation safety upon request, including 
owners of public transportation carriers who may be concerned with the 
findings of the Board and to interested persons. Such reports shall contain 
proposals for corrective measures to make the transportation of persons 
as safe and free from the risk of injury as possible, including steps to 
minimize human injuries from transportation accident: Provided, the said 
reports shall be made public within sixty (60) days from its submission to 
the Congress or to the president, as the case may be;
d) Initiate and conduct special studies and 
investigation on matters 
pertaining to safety in transportation and avoiding injury to persons and 
damage to property;
e) Gather, analyse, maintain, and publish from time to time data and 
statistics on transportation accidents;


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f) Carry out special studies and investigations relative to transportation 
safety;
g) Prescribe requirement for persons reporting accidents and aviation 
incidents that:
1. May be investigated by the Board pursuant to this Act; or
2. Involve public aircraft, except aircraft of the Armed Forces of the 
Philippines.
h) Perform such other functions as may be necessary to effectively 
implement the objectives and provisions of this Act.
Sec. 8. Powers o f the Board. -
a) The Board or any member so designated may conduct hearings, 
administer oaths, and require the attendance and testimony of witnesses 
as well as the production of papers, contracts, agreements and all other 
relevant documents deemed necessary in any inquiry or investigation 
pending before the Board.
b) Any representative authorized by the Board, upon presenting appropriate 
credentials, may enter any property wherein a transportation accident has 
occurred or wreckage from such accident is located in order to undertake 
the appropriate investigation thereof. The representative may inspect at 
reasonable times, records, files processes, controls, and facilities relevant 
to the 
investigation 
of such 
accidents. 
Each 
inspection 
shall 
be 
commenced and completed with reasonable promptness;
c) In investigating the aircraft accident pursuant to this Section, the Board 
may inspect and test, to the extent necessary, any civil aircraft engine, 
equipment, propeller, appliance, or property on an aircraft involved in an 
accident in air commerce; Provided, however. That any civil aircraft 
engine, equipment, propeller, appliance, or property on an aircraft 
involved in air commerce shall presen/ed, and may be moved, only as 
prescribed by regulations promulgated by the Board;


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d) And officer or employee of the Board may examine or test any motor 
vehicle, vessel, 
rolling 
stock, track, 
or pipeline component. 
Such 
examination or test shall be conducted in a manner that;
1. Does not unnecessarily, interfere with the transportation services 
provided by the owner or operator of the motor vehicle, vessel, rolling 
stock, or pipeline component; and
2. To the maximum extent feasible, preserves evidence related to the 
accident, consistent with the needs of the investigation and with the 
cooperation of that owner or operator.
e) The Board shall have the sole discretion to:
1. Decide the manner by which the testing will be undertaken pursuant to 
this Act;
2. The person who will conduct the test;
3. The type of test to be conducted; and
4. Any individual or individuals who will witness the test;
Provided, that an inspection, examination, or test conducted pursuant to this 
Act by an officer or employee of the Board shall be started and completed 
promptly: Provided, further, that the results and findings of such inspection, 
examination, or test shall made public within thirty (30) days upon completion 
thereof.
f) The Board may require and shall be furnished a copy of the autopsy 
reports by the official concerned on any person who dies as a result of 
having been involved in a transportation accident. The Board may order, if 
necessary, the autopsy, or require other tests of such persons as may be 
needed for the investigation of the accident;
g) The Board may enter into such contract, leases, agreements and other 
transactions as may be necessary in the conduct of its functions and 
duties;
h) The Board may call assistance of, and use any available services, 
equipment, facilities, of the DOJ, DOTC, PCG, Department of National 
Defense (DND), Department of Public Works and Highways (DPWH),


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Philippine National Police (PNP), and other agencies and instrumentalities 
of the government;
i) The Board may create advisory committees composed of qualified private 
citizens and government officials with whom the Board may consult in the 
implementation of its functions and duties. And to pay honoraria of these 
persons for meetings actually attended. Whenever necessary, the Board 
may likewise appoint or retain the services of recognized experts as 
consultants on the accidents under investigation. Such consultants shall be 
paid compensation as fixed by the Board: Provided, That not more than 
three (3) 
consultants shall be appointed for each accident being 
investigated: Provided, further. That no officer, external auditor, or legal 
counsel of any investigated: Provided, further, That no officer. External 
auditor, or legal counsel of any private company or enterprise primarily 
engaged in the transportation industry shall be eligible for appointment as 
a consultant of the Board within three (3) years from his retirement, 
resignation, or separation therefrom;
j) Appoint advisory committees composed of qualified private citizens and 
officials of the national government and LCDs as appropriate;
k) Any 
law 
to 
the 
contrary 
notwithstanding, 
accept 
voluntary 
and 
uncompensated services;
l) Accept donations and gifts of money and other property;
m) Enter into contacts with non-profit entities to carry out studies related to 
the duties and powers of the Board for its operating expenses;
n) Require that departments, 
agencies, 
and 
instrumentalities 
of the 
government, including LGUs and government of foreign countries, provide 
appropriate consideration for the reasonable costs of goods and services 
supplied by the Board; Provided. That such amounts shall accrue 
exclusively to the Board for its operating expenses;
o) The Chairman of the Board may determine the number of committees that 
are appropriate to maintain effective liaison with other departments, 
agencies and instrumentalities of the national government and LGUs, non-
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government organizations, and independent standard-setting authorities 
that carry out program and activities related to transportation safety. The 
Board shall designate representative to serve in the committees;
p) The Board or any officer, or employee designated by the Chairman, may 
conduct an inquiry to obtain information related to transportation 
safety; and
q) The Board, or its designated officer or employee, may require by order, a 
department, agency, or instrumentality of the national government, LGU, 
or a person, natural or juridical, which transports persons or goods, to 
submit to the Board a written report and answers to request and 
questions pursuant to the powers of the Board under this Act. The Board 
shall prescribe the time within which the reports and the answers thereto 
must be submitted to its designated officer or employee. Copies of the 
report and the answers thereto shall be made public within sixty (60) days 
from submission to the Board.
Sec. 9. Relationship with Other Government Agencies. -
a) Nothing in this Act shall deprive other government agencies from 
performing their intrinsic functions, including the investigation of accidents 
or making inquiries thereon, when those functions exist prior to the 
effectivity of this Act: Provided, however. That the Board, at its discretion, 
may 
require 
the 
submission 
of 
the 
records, 
findings, 
and 
recommendations of the investigation or inquiry;
b) The PNP or any other law enforcement agency shall continue to 
investigate 
and 
record 
accidents 
involving 
motor vehicles 
and/or 
pedestrians. For this purpose, the Board shall prescribe a uniform and 
standard operating system for investigation of such accidents, which shall 
be mandatory on the part of the investigating body or person;
c) The Board power shall take precedence over those of other government 
agencies tasked with investigating air and marine accidents which, in the 
Board's judgement, requires its inquiry or attention;


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d) For the preservation, proper handling, conservation, and protection of 
evidence, records, files, and/or specimens related to any accident over 
which it assumes or has jurisdiction, the Board may assume control or 
possession of the evidence, records, files, and/or specimens;
e) The Board may require the submission of the records, findings, and/or 
recommendations of previous accidents and/or investigations of such 
accidents, from any government agency. For this purpose, the agency 
concerned shall transmit to the Board, within fifteen (15) days from 
receipt thereof, said records, findings, and/or recommendations;
f) In the exercise of its powers, the Board shall take into consideration the 
provisions of any treaty entered into by the Republic of the Philippines 
with other countries relative to the investigation of accidents over which 
the Board assumed jurisdiction.
Sec. 10. Disclosure, Availability, and Use o f Information. -
a) Except as provided in this section, any copy of record, information or 
report of investigation submitted to the Board shall be made available to 
the public upon request and at reasonable cost;
b) The Board shall not make the records available for purpose other than 
accident or incident investigation, unless the appropriate authority for the 
administration of justice determines that their disclosure outweighs the 
adverse domestic and international impact;
c) The Board shall not disclose any information related to a trade secret 
except:
1. To another department, agency, or instrumentality of the national 
government, when requested for official use;
2. To a committee of Congress having jurisdiction over the subject matter 
to which the investigation is related, when requested by that 
committee;
3. In a judicial proceeding under a court order that preserves the 
confidentially of the information without impairing the proceeding; and
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4. To the public: Provided, that such disclosure shall be for the protection 
of public health and safety. Provided, further, that the information so 
disclosed will not be detrimental to public health and safety: Provided 
finally, that the disclosure shall be made in a manner designed to 
protect and preserve its confidentiality:
d) The Board shall not publicly disclose any part of a cockpit voice recording 
or transcript of oral communications by and between flight crew Members 
and ground station related to an accident or incident investigated by the 
Board: Provided, however. That the Board shall make public any part of 
transcript the Board decides is relevant to the said accident or incident:
1. When the Board holds a public hearing on the accident or incident; or
2. When the Board makes public its findings relative to the said accident 
or incident
e) Any law to the contrary notwithstanding, the head of the concerned 
agency shall, upon order or written request by the Board, provide the 
following information to the board:
1. Any report or a confirmed positive toxicological test, verified as positive 
by the medico-legal officer of the National Bureau of Investigation 
(NBI), conducted on an officer or employee of the concerned agency 
under post-accident, unsafe practice, or reasonable toxicological 
requirements of the concerned with the circumstances of an accident 
or incident under the investigative jurisdiction of the Board; and
2. Any laboratory record documenting that the test is confirmed as 
positive.
f) Expert as provided in Section 10 (b) of this Act, the Board shall maintain 
the confidentiality of, and exempt from disclosure:
1. Laboratory 
records 
provided 
to 
the 
board 
shall 
maintain 
the 
confidentiality of, and exempt from disclosure; and
2. Medical information related to the test or a review of the test 
voluntarily provided to the Board by the tested officer or employee.
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g) The Board may use a laboratory record made available to it under this Act 
to develop an evidentiary record in its investigation of an accident or 
incident if:
1. The fitness of the tested officer or employee is at issue in the 
investigation; and
2. The use of that record is necessary to develop the evidentiary record. 
Sec. 11. Testimony. -
a) Any party to an administrative proceeding may, at any time, make an offer 
to the Board, conditionally or otherwise for a consented decree, voluntary 
compliance or desistance and other settlement of the case.
b) Testimony, of the offer thereof, and any or ail of the ultimate facts upon 
which the offer is based, shall be considered for settlement purpose only 
and cannot be used as evidence against any party for any other purposes 
and shall not constitute an admission by the party making the offer of any 
violation of this Act, and the rules, regulations, orders, and resolutions 
promulgated by the Board.
Sec. 12. Transportation Safety Fund. -
a) There is hereby created a Transportation Safety Fund, hereinafter known 
as the "Fund"' to be deposited in a special trust fund to be administered 
by the Board. The Fund shall be funded from:
1. Savings from the Board's annual operating expenses; and
2. Monetary donations and gifts received by the Board under Section 8 
(1) of this act
b) Subject to the usual accounting and auditing rules and regulations, the 
Fund shall be used exclusively for the following purposes:
1. Operational expenses in investigating major accidents;
2. Initiate studies and research in the causes and possible prevention of 
accidents and other disasters, as provided in this act;
3. Reimbursement of extraordinary expenditures 
and 
expenses of 
government and private agencies and/or persons mobilized by the 
Board in investigating major accidents; and
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4. Training and related conferences to further and enhance the expertise
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of the officers and employees of the Board under the provisions of this
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Act.
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Sec. 13. Appropriations. -T h e  sum of Fifty Million Pesos (P 50,000,000.00) is
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hereby appropriated out of any funds in the National Treasury not otherwise
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appropriated, for the initial organization and operations of the Board. Thereafter,
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such sums, as may be necessary for the operations of the Board, shall be included in
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the annual General Appropriations Act.
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Sec. 14. Annuai Report. -  The Board shall submit to the President and
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Congress an annual report at the end of every calendar year containing, among
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others:
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a) Statistical and analytical information of accident or incident investigations
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conducted and reviewed by the Board during the preceding year;
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b) 
survey and summary of the recommendations made by the Board to
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reduce the likelihood of the recurrence of those accidents, together with
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the observed response to each recommendation;
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c) A detailed appraisal of each accident investigation and accident prevention
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activity of other departments, agencies, other instrumentalities of the
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national government and the LGUs; and
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d) The uses of, disbursement from, and receipt to the Fund created in
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accordance with this Act.
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Sec. 15. Impiementing Ruies and Regulations. -  The Board, in consultation
23 
with the DOJ, DOTC, PCG, DND, DPWH, PNP, and NBI, shall within sixty (60) days
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from the effectivity of this Act, promulgate the implementing Rules and Regulations
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(IRR) for the effective implementation of this Act. 
The IRR shall provide procedures
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geared towards streamlined processes and swift justice by observing timeline or
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deadline in rendering decisions and issuances, plain writing or easy-to-understand
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instructions, and over-all improvement of the industry.
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Sec. 16. Separability Clause. -  If, for any reason, any provision of this Act is
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declared invalid or unconstitutional, the other part or parts thereof which are not
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affected thereby shall continue to be in full force and effect.
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Sec. 17. Repealing Clause. -  All laws, decrees, executive orders, issuances, or
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rules and regulations, or portions thereof, that are inconsistent with this Act or any
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provision or provisions, thereof, are repealed or modified accordingly.
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Sec. 18. Effectivity. -  This Act shall take effect fifteen (15) days after its
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publication in two (2) newspapers of general circulation.
Approved,
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