FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 970 
) 
) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
S: he ",BY 
J 0 
,JUL -8 All :20 
The world was shocked with the spate of terrorist attacks upon 
transportation systems and facilities which all resulted to lost of lives and 
enormous damage to properties. Worth mentioning is the train bombing in 
Madrid, Spain and, of course, the 9/11 bombings in the United States of 
America wherein terrorists used various airplanes to succeed in instilling 
fears not only in the hearts and minds of Americans but in the hearts and 
minds of the people of the world. 
Here in the Philippines, we are not spared of these terrorist attacks: 
the sinking of the Super ferry off the coast of Quezon Province, the RizaJ 
Day bombing of the Light Rail Transit (LRT) and the bombing of the Davao 
International Airport. 
These local and international terrorist attacks necessitate the 
formulation of a comprehensive security program to protect the air, water 
and land transport system, under a Singular administrative authority armed 
with law enforcement powers to prevent, if not eradicate, security threats 
and incidents to precious human lives. 
This bill seeks to create the Philippine Transport Security Authority, 
under the Department of Transportation and Communications (DOTC), to 
consolidate the civil aviation, maritime, land and rail national security 
programs throughout the country to prevent lawless violence and terrorist 
attacks. 
In view of the foregoing, early passage of this bill is earnestly 
requested. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.'No. 970 
) 
) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
! 0 ,Jl1 -8 III J :20 
CREATING 
THE 
PHILIPPINE 
TRANSPORTATION 
SECURITY 
AUTHORITY, APPROPRIATING FUNDS THEREFOR AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. 
Short Title. - This Act shalf be known as the "Philippine 
Transportation Security Authority Act of 2010". 
SEC. 2. 
Declaration of Policy. - The State recognizes the vital role of 
public transportation and commerce in nation building and in the promotion of 
international and domestic trade relations for economic growth and comity among 
nations. 
The State, in preserving and protecting the rights of its people to a secured public 
transport system, supports and promotes the installation and implementation of a 
consolidated transportation security management to improve and maintain an effective 
inter-modal (aid, land and water) transportation system by fostering state of the art 
security measures in full compliance with the international standards I practices. 
The State supports the implementation and enforcement of the strictest 
measures to stamp out terrorism, economic sabotage and all forms of criminal 
interference that tend to breach the integrity, safety and security of international and 
domestic transportation systems. 
The State adopts generally accepted principles of international law and universal 
recommendations on the standards and practices on transportation security measures 
as part of the laws of the land and adheres to the policy of comity and cooperation with 
other nations. 
SEC. ,3. 
Creation and Mandate of the Philippine Transportation 
Security Authority. - There is hereby created an Authority to be known as the 
"Philippine Transportation Security Authority", hereinafter referred to as "Authority", 
which shall be the central security agency for all transport systems in the Philippines. 
The Authority shall be attached to the Department of Transportation and 
Communications (DOTC) for general direction and administration. 
The Authority shall be organized, trained and equipped to perform law 
enforcement functions in pursuit of its mandate and in coordination with other law 
1 


enforcement agencies. The Authority shall render reciprocal support, assistance and 
coordination with the following agencies: 
1. 
Civil Aeronautics Board (CAB); 
2. 
Air Transportation Office (ATO); 
3. 
Philippine Ports Authority (PPA); 
4. 
Land Transportation Office (L TO); 
5. 
Maritime industry Authority (MARINA); 
6. 
Subic Bay Metropolitan Authority (SBMA); 
7. 
Cebu Ports Authority (CPA); 
8. 
Bases Conversion Development Authority (BCDA); 
9. 
Land Transportation Franchising Regulatory Board (L TFRB); 
10. 
Philippine National Police -Aviation Security Group (PNP-ASG); 
11. 
Philippine National Police - Maritime Group (PNP-MARIG); 
12. 
Philippine National Police - Traffic Management Group (PNP-TMG); 
13. 
Armed Forces of the Philippines (AFP); 
14. 
Philippine Coast Guard (PCG); 
15. 
Airport Police (AP); 
16. 
Customs Police (CP); 
17. 
Metropolitan Manila Development Authority (MMDA); 
18. 
Light Rail Transit Authority (LRTA); 
19. 
Philippine National Railways (PNR); 
20. 
Metro Rail Transit - 3 Office; 
21. 
Autonomous Region for Muslim Mindanao, and 
22. 
such other agencies related to and/or undertaking, promoting and 
pursuing transportation security. 
The .Authority shall encourage, promote, formulate, implement and ensure the 
installation of standard security and safety measures and policies that are internationally 
acceptable for the prevention of transportation disasters and for the protection, security, 
and safety of passengers, transportation facilities and properties. 
SEC. 4. 
Powers and Functions. - The Authority shall have the following 
powers and functions: 
a. 
Exercise control and supervision over all police and security agencies 
performing, pursuing or rendering transportation security services; 
b. 
Responsible for the security of all modes and means of public 
transportation system in the Philippines including, but not limited to, screening of 
passengers, baggage or cargoes; hiring and retention of security screening personnel; 
training and testing of personnel in security screening, inspection, verification and audit; 
c. 
Advise the President, through the Secretary of the Department of 
Transportation and Communications (DOTC), on all matters involving security concerns 
in the transportation sector. In cases of urgency or necessity where time is of the 
essence, the Authority, through the Administrator, may report directly to the President 
on matters pertaining to national or international transportation security concern; 
d. 
Formulate, promulgate and develop, in coordination with appropriate 
government agencies, comprehensive and flexible security plans, policies, measures 
and programs to ensure the safety and security of all means of transportation in the 
Philippines. 
The Authority shall implement, review and continue to upgrade such plans, 
policies, measures and programs periodically to improve transportation security and 
safety on sound professional concepts and principles; 
2 


e. 
Examine, verify and audit the transport security performance, activities 
and facilities of all modes of transportation system; 
f. 
'Prepare a comprehensive and separate National Transport Security 
Program, prescribing rules and regulations for the efficient operation of land/rail, air/civil 
aviation and water/maritime transportation security, including procedures and screening 
for the issuance of security access pass and the determination of levels of security 
clearance on transportation facilities and infrastructures; 
g. 
Prescribe transport security standards in all modes of transportation 
systems in the Philippines in accordance with existing laws, rules, regulations and 
international conventions; 
h. 
Exercise law enforcement power over all matters involving transportation 
security incident and/or unlawful interference upon all modes of transportation system. 
The Authority may enlist the assistance of other law enforcement agencies or appoint 
and/or deputize their personnel and/or the agency itself to carry out its mandate; 
i. 
Actively pursue the investigation and prosecution of any act of unlawful 
interference against public transportation system, facilities and infrastructure, effect the 
arrest of offenders in accordance with law, and file appropriate charges related thereto 
through the appropriate government agencies; 
j. 
Acquire, purchase, own, administer, lease, mortgage, sell or otherwise 
dispose of or encumber any real or personal property, equipment, assets and rights in 
furtherance of its mandate. The Authority shall be exempt from payment of any or a/l 
direct and indirect taxes, import fees and charges, capital gains taxes, local and national 
taxes, interests, import duties, fees, taxes and charges of any kind or nature, on all of its 
real and personal properties, assets, income and revenues, importations, transactions, 
loans and obligations (principal or interests) as required and incurred in the exercise of 
its mandate under the provisions of this Act; 
k. 
Sue and be sued with its consent; 
I. 
Procure, own and carry firearm, and have the authority to issue mission 
orders thereon, subject to existing laws, rules and regulations, and 
m. 
Perform such other Functions necessary to effectively carry out the 
provisions of this Act and as the President of the Philippines or the Secretary of the 
Department of Transportation and Communications (DOTC), may direct. 
SEC. 5. 
Administrator and Deputy Administrator: Their Qualifications, 
Appointments and Terms of Office. - The Authority shall be headed by an 
Administrator with the rank of an Undersecretary, and is responsible for the general 
administration and management of the Authority. He/she must be a natural-born citizen 
of the Philippines; at least forty-five (45) years of age; have an extensive experience in 
a field directly related to transportation and/or security; with at least five (5) years 
experience in the management of a field directly related to security or allied services. 
The Administrator shall be appointed by the President of the Philippines upon 
recommendation of the Secretary of the Department of Transportation and 
Communications (DOTC). The Administrator shall serve a fixed term of seven (7) years 
which shall commence from the time he/she takes his/her oath of office. 
3 


The Administrator shall be assisted by a Deputy Administrator with the rank of 
Assistant Secretary and shall have the same qualifications and term of office as the 
Administrator. 
For purposes of this Act, the Administrator and the Deputy Administrator shall be 
deemed as persons in authority. All subordinate officials and personnel are deemed 
agents of persons in authority. 
SEC. 6. 
Functions, Powers and Duties of the Administrator. • The 
administrator shall have the following functions, powers and duties: 
a. 
Exclusive power to interpret the provisions of this Act subject to review on 
certiorari by the Court of Appeals on the ground of grave abuse of discretion amounting 
to excess or lack of jurisdiction; 
b. 
Promulgate rules, regulations and impose sanctions to effectively 
implement the provisions of this Act; 
c. 
The sole and unilateral responsibility to determine sensitive security 
information (SSI). The Administrator shall prohibit the disclosure of information, files or 
records or d?te of any sort, if in his/her opinion, the disclosure of such information: 
1. 
is detrimental to the security of persons and things in the 
transportation sector; 
2. 
will reveal trade secrets or privileged or confidential information 
obtained from any person, natural or juridical; 
3. 
will constitute unwarranted invasion of privacy of persons, including 
but not limited to information contained in any personnel, medical or similar file; 
4. 
will undermine public trust and confidence in duly constituted 
authorities in the exercise of judgment calls and discretions in any or all risk 
managements and preventive/preemptive actions undertaken. 
d. 
To administer and implement, subject to existing laws, rules and 
regulations, the mandate, powers and functions of the Authority. Provided, That, the 
Administrator solely designates an officer employee of the Authority to serve as a law 
enforcement officer of the Authority; 
e. 
To direct and supervise the management, operation, and administration of 
the Authority in complying with international standards of transportation security 
measures and to ensure transportation security in 
Accordance with the approved 
security program, plan, policy, procedure and guideline; 
f. 
To administer, implement and enforce deciSions, orders and transportation 
security rules and regulations prescribed by law and/or issued by the Authority; 
g. 
To exercise visitorial and inspection powers over all transportation 
facilities, complexes, buildings, offices, seaports and airports, tarmacs, wharfs, 
terminals, infrastructures and the likes; issue travel and mission orders for the purpose; 
and coordinate with the corresponding transportation entities for the implementation of 
the same. All transportation systems must provide, within its premises, adequate 
operational office space and quarters for the localized security functions of the 
Authority; 
h. 
To undertake researches, studies, investigations and other activities 
related to contemporary transportation system security and future innovative 
requirements thereof, on his own initiative or upon instructions of the higher authorities, 
and to submit comprehensive reports and appropriate recommendations to the 
4 


Secretary of the Department of Transportation and Communications (DOTC) for his/her 
information and action; 
i. 
To formulate, develop, implement, revise and update inter-modal (air, land 
and water) national transportation security programs and operational plans/manuals; 
j. 
To appoint, transfer, suspend, remove or otherwise discipline any 
subordinate officer or employee of the Authority, subject to Civil Service laws, rules and 
regulations; 
k. 
To provide for employees benefit program and policies on promotions and 
Salary Standardization Program at par with the international transportation security 
service but subject to approval of the Department of Budget and Management (DBM) 
and the Civil Service Commission (CSC); 
I. 
To organize or re-organize the structure of the Authority respecting the 
major services to meet the changing conditions, subject to existing laws and rules on 
the matter: 
m. 
To aSSess threats to transportation security and to receive, assess and 
distribute on a timely basis, all intelligence related to transport security; 
n. 
To develop policies, strategies, and plans in dealing with prevention and 
management crises and threat to transportation security; and ensure the formulation, 
installation, and enforcement of the respective national security program in all modes of 
transportation systems in the Philippines; 
o. 
To perform such other functions necessary to carry out the provisions of 
this Act; and as the President of the Philippines or the Secretary of the Department of 
Transportation and Communications (DOTC), may direct. 
SEC. 7. 
Services. - For purposes of carrying out its duties and powers as 
provided for in this Act, the Authority shall have the following transportation security 
services which shall be headed by Service Directors: 
a. 
Civil Aviation Security Service (CASS) -
shall conduct continuous 
inspection, monitoring, audit of facilities and operations at all levels of air transportation 
system and'shall monitor and/or directly implement the Authority's projects, programs 
and regulations relative to security of air transportation; to conduct investigation on all 
matters involving illegal acts or unlawful interference committed upon or directed to air 
transportation facility and submit recommendation relative thereto; 
b. 
Maritime Security Service (MARS) - shall conduct continuous inspection, 
monitoring, audit of facilities and operations at all levels of maritime transportation 
system; and shall monitor and/or directly implement the rules and regulations relative to 
security of maritime transportation; to conduct investigation on all matters involving 
illegal acts or unlawful interference committed upon or directed to maritime 
transportation facility and submit recommendation relative thereto in adherence to 
reciprocal support, assistance and coordination with the 
appropriate law enforcement agencies; 
c. 
Land and Rail Security Service (LARS) - shall conduct continuous 
inspection, monitoring and audit of facilities and operations at all levels of land and rail 
transportation systems and shall monitor and/or directly implement the Authority's 
projects, programs and regulations relative to security of land and rail transport 
systems; to conduct investigation on all matters involving illegal acts or unlawful 
5 


interference committed upon or directed to land and rail transportation systems and 
submit recommendations relative thereto; 
d. 
Intelligence and Communications Security Service (lCSS) - shall conduct 
continuous intelligence gathering and evaluation to direct and substantiate policy 
directions of the agency. It shall likewise promulgate programs to strengthen the 
intelligence capability of the Authority in securing the different modes of transportation 
including transportation communications systems, facilities, services and infrastructure 
in the country; 
e. 
Administrative and Finance Service (AFS) - shall provide necessary 
services relating to finance and administrative matters; keep records, correspondence, 
supplies, property, equipment and general services, and the maintenance and utilization 
of facilities; and provide services relating to manpower, career planning and 
development, personnel placements and employees welfare; 
, 
f. 
. Legal, Policy Research and Adjudication Service (LPRAS) - shall provide 
the efficient and effective service as in-house legal counsel; draft or study contracts 
affecting the Authority; review reports relative to investigations conducted by the 
Authority and submit recommendations pertaining thereto; render legal opinions arising 
from the administration and operation of the Authority and adjudicate matters affecting 
the regulatory issuances relative to matters of national policy on civil aviation, maritime 
and land and rail transportations security; 
g. 
Transportation Security Training and Development Institute (TSTDI) - shall 
formulate, develop, provide and maintain an effective, efficient and continuing training-
training program for transportation security personnel and all allied agencies and their 
personnel who will apply standards and recommended level of security for the secured 
operation of all modes of transportation covering but not limited to: screening, verifying, 
auditing and inspecting of personnel, equipment and facilities involved in providing 
transportation security; conduct tests and qualifying procedures for transportation 
security 
equipment 
and 
such 
other 
undertaking 
to 
maintain 
the 
quality 
partiCipation/contribution of man and machine in sanitizing the integrity of all modes of 
the transportation from criminal acts. The TSTDI undertakes the training development 
and the upgrading process of all course materials, monitoring and supervision of other 
security training entities, liaison and cooperation with other states training institutes, 
coordination and cooperation with industries and operations for the research and 
development of new technology and other endeavors which shall be essential to 
conform with national security training program, transportation security policy and 
oversight function. 
Incidental matters that may be uncovered and which may pertain to another 
office, agency, bureau or division, holding or operating within the transportation facilities 
and complexes must be reported to the appropriate enforcement agencies and the 
same may be subjected to direct control and police action by the operatives and 
elements of the Authority. 
Provided, That, the Authority may from time to time change its organizational 
structure and thus create, merge, consolidate or abolish functional offices or divisions, 
as it may deem proper and appropriate to achieve in maximum its transportation 
security mandate: Provided, further, That the Authority establish and maintain regional 
offices which shall be primarily responsible for the implementation of this Act and for the 
policies, programs and projects of the Authority in their respective regions. 
The Service Directors shall be appointed by the Secretary of the Department of 
Transportation 
and 
Communications 
(DOTC) 
upon 
recommendation 
of 
the 
Administrator of the Authority. 
6 


SEC. 8. 
Removal and Filling of Vacancy. - The Administrator may only be 
removed from office by the President of the Philippines for cause after due process and 
in accordance with the Civil Service laws, rules and regulations. 
In case of vacancy in the Authority due to death, resignation, removal or 
permanent disability of the incumbent Administrator, the Deputy Administrator shall 
serve as Acting Administrator in a concurrent capacity until a new Administrator is 
appointed, has qualified and assumed office for the full term. 
SEC. 9. 
Prohibition. - The Administrator, Deputy Administrator, Service 
Directors and all offiCials, officers, staff and personnel of the Authority shall not own 
stock in or bonds of a transportation or security enterprise or in an enterprise that 
manufactures equipment that could be used for transport security purposes. 
SEC. 10. 
Membership 
in 
the 
National Security 
Council. 
-
The 
Administrator or his/her duly qualified representative is hereby designated as member of 
the National Security Council and shall report directly to the President of the Philippines 
regarding sensitive transportation security information. 
SEC. 11. 
Control, Supervision and Delegation of Powers. - The Authority 
shall have sole jurisdiction and precedence in control, over the movement of persons, 
cargoes, or both, within the operational area of any mode of transportation system and 
shall, therefore, possess authority to prescribe and issue security access passes within 
the transport operational area. The designated law enforcement officer and personnel of 
the Authority or those that maybe deputized to carry law enforcement power, shall have 
the power to effect arrest or take law enforcement action on any criminal act committed 
within its jurisdictional area or in their presence or endorse the records of arrest and 
apprehension to the local police officer with jurisdiction over the area where the 
transportation security incident happened. The Authority exercises primary jurisdiction 
over acts of unlawful interference against any transport system but may delegate or 
endorse the, same to any government agency for effective enforcement, who is likewise 
obliged to accept the same and see its prompt conclusion. The Authority reserves its 
right to supervise, monitor and coordinate the stages of such investigation. 
SEC. 12. 
Personnel Complement. - For purposes of implementing the 
provisions of this Act, personnel of units/offices of the Philippine Coast Guard (PC C); 
Philippine Ports Authority (PPA) police; Airport Police; Customs Police; Philippine 
National Police - Maritime Group (PNP-MARIG); Philippine National Police - Aviation 
Security Group (PNP-ASG); Philippine National Police - Traffic Management Group 
(PNP-TMG); Philippine National Railways (PNR) police; Civil Security Unit - Air 
Transportation Office (CSU-ATO) and all other government agencies having the primary 
duty and function of providing transportation security shall be under the operational 
direction and supervision of the Authority. Provided, That, subject to the limitations in 
this Act, the Office for Transportation Security (OTS) under the Department of 
Transportation and Communications (DOTC), created under Executive Order No. 277 
and Executive Order No. 31 1, is hereby abolished and the present officers and staff of 
said office are hereby absorbed to the Authority and shall serve as the initial personnel 
complement of the Authority. 
SEC. 13. 
Entry Level info the Authority. - The entry eligibility of the 
absorbed personnel of the Office for Transportation Security (OTS) under the 
Department of Transportation and Communications (DOTC), shall be waived by the 
Civil Service Commission (CSC): Provided, That the absorbed personnel possesses 
equivalent qualifications in terms of training in basic security of not less than one 
hundred (100) hours and extensive experience for at least two (2) years in actual 
investigation, intelligence and security functions or assignments. 
7 


SEC. 14. 
Promotion and Selection Board. - There shall be a Promotion 
and Selection Board within the Authority which shall screen and evaluate organic 
personnel for promotion. Appointment and promotion process shall follow the 
procedures prescribed in this Act. All positions in the Authority hereinafter created shall 
be filled up in accordance with the Authority's organizational and operational manual 
which shall define the qualification standards consistent with the minimum requirements 
of the Civil Service Commission (CSC). There shall be a Selection and Qualification 
Committee which shall recommend to the Administrator the appointment of all other 
personnel not herein provided. 
SEC: 15. 
Transfer of Existing Facilities. - All existing facilities, equipment 
and all other assets and properties, rights, interests and privileges belonging to Office 
for Transportation Security (OTS) that may be absorbed by the Authority, are hereby 
transferred to the Authority. Immediately upon appointment and assumption of powers 
and authority by the Administrator, all financial and logistical resources, facilities and 
equipment shall be released and put under the control of the Authority. All organizations 
and agencies that may be absorbed by the Authority in the future shall use funds and 
resources of the Authority upon enactment of this Act. 
SEC. 16. 
Implementing Rules and Regulations (IRR). - Within ninety (90) 
days from appointment, the Deputy Administrator and Service Directors of the Authority 
shall be the deSignated members of the Ad-Hoc Committee directed to formulate the 
Implementing Rules and Regulations (IRR) of the Authority. The Implementing Rules 
and Regulations shall cover all aspects of the administration, management, operations, 
logistics and finance, law enforcements, standard measures and practices of safety and 
security and all other matters affecting or related to the full operation of the Authority. 
The Implementing Rules and Regulations (lRR) shall be accomplished and 
recommended by the Administrator of the Authority, for approval by the President of the 
Philippines within one hundred and eighty (180) days from constitution of the Ad Hoc 
Committee. 
SEC. 17. 
Transfer and Integration of Personnel, Facilities, Equipment, 
Property and other Assets and Liabilities. - The absorption and integration process 
shall commence on the first day of the quarter of the year following completion of the 
Implementing Rules and Regulations. Initially appointed members of the Ad-Hoc 
Committee may continue to serve in their official capacities with the Authority if duly 
qualified and appointed in accordance with civil service laws, rules and regulations on 
eligibility. Employees and personnel of the absorbed or integrated offices and agencies 
may opt to remain with their original government affiliation or be transferred and 
absorbed with the Authority which must be exercised within ninety (90) days from notice 
of the absorption and integration. 
SEC. 18. 
Headquarters, Offices and Location. - The Authority shall have 
its central office and headquarters at the office of the Office for Transportation Security 
(OTS) at Andrews Avenue corner Aurora Boulevard (formerly Tramo Street) in Pasay 
City, or to any place in Metro Manila as the Authority may deem proper and appropriate. 
The Authority may also establish field offices as may be determined by the 
Implementing Rules and Regulations (lRR). The amount of Fifty Million Pesos 
(Php50,000;000.00) or at least Ten Percent (10%) of the initial funding of the Authority 
shall be. appropriated to refurbish and renovate the building of the Office for 
Transportation Security (OTS) into a security center. 
SEC. 19. 
Appropriation. - For purposes of reorganizing and constituting the 
Authority, and for carrying out the provisions of this Act, the Authority shall have an 
initial funding of Five Hundred Million Pesos (Php500,000,OOO.00). In addition, the 
appropriation, funding andfor budget of the absorbed agency under Section 15 of this 
8 


Act, shall be transferred to the Authority. Appropriation for the succeeding years shall be 
included in the General Appropriations Act. 
SEC. 20. 
Penalties for Violations of the Provisions of this Act. - The 
penalty of not less than six (6) months but not more than one (1) year and a fine of not 
less than Twenty Thousand Pesos (Php20,OOO.OO) but not more than one (1) year and 
a fine of not less than Twenty Thousand Pesos (Php20,OOO.OO) but not more than Fifty 
Thousand Pesos (PSO,OOO.OO) shall be imposed upon any person convicted of any 
offense involving violation of any other provisions of this Act. 
SEC. 21. 
Repealing Clause. -
All laws, executive orders, letters of 
instructions, rules and regulations and other issuances, or provisions thereof, which are 
inconsistent with the provisions of this Act are hereby repealed, amended or modified 
accordingly. 
SEC. 22. 
Separability Clause. - The provisions of this Act are hereby 
declared separable. If any provision or portion thereof shall be held invalid or 
unconstitutional, the other provisions will remain in full force and effect. 
SEC. 23. 
Effectivity Clause. - This Act shall take effect after fifteen (1S) 
days following its publication in two (2) national newspapers of general circulation or in 
the Official Gazette. 
Approved, 
9