Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____________ 
Introduced by MARINO Party-list Representative 
SANDRO L. GONZALEZ 
AN ACT 
REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF 
HARBOR PILOTS IN ALL PORTS IN THE PHILIPPINES, AND FOR OTHER 
PURPOSES 
EXPLANATORY NOTE 
No ship may dock in a harbor without the guidance provided by a skilled harbor pilot. 
Thus, the service these harbor pilots perform is of critical importance in developing a modem 
maritime industry which facilitates the safe and efficient transfer of people and goods from one 
port to another. 
At present, this essential service is regulated on the basis of Presidential Decree 85, 
which has not stopped complaints from being raised on matters such as the quality of the 
pilotage service provided, the lack of proper equipment for pilotage, the overcharging of fees, 
and collection of unauthorized fees. To bring the regulation of harbor pilotage to world 
standards, a new law is necessary which will modernize pilotage as it is performed in the 
country. 
This proposed Act will strengthen the role of the Philippine Ports Authority in 
regulating pilotage, define the requirements for appointment as a harbor pilot, and specify when 
a ship must procure pilotage services to comply with safety requirements of a modem maritime 
industry. 
In view of the foregoing, the early passage of this proposed measure is highly 
recommended. 
SANDRO L. GONZALEZ 
Representative 
MARINO Party-list 
July 1, 2022
8:12 am
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Constitution Hills, Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____________ 
Introduced by MARINO Party-list Representative 
SANDRO L. GONZALEZ 
AN ACT 
REGULATING HARBOR PILOTAGE SERVICES AND THE CONDUCT OF 
HARBOR PILOTS IN ALL PORTS IN THE PHILIPPINES, 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 shall be known as the “Pilotage Act of 2022” 
Sec. 2. Scope. - This Act shall apply to all harbor pilots and pilotage organizations providing 
pilotage services in all ports in the country, whether owned by the government or by private 
persons. 
Sec. 3. Policy and Objectives. - It is hereby recognized by the State that pilotage service plays 
a vital and complementary role in the efficient operation of ports and the protection of marine 
environment. It is therefore the policy of the State to regulate, and supervise pilotage services 
and the conduct of pilots in all ports in the country to attain the following objectives: 
(a) To ensure safety at all times of properties, port facilities, vessels, cargoes and other
port users:
(b) To ensure effective and efficient delivery of pilotage services through rationalization
of pilotage fees and charges;
(c) To encourage healthy and friendly environment among active harbor Pilots;
(d) To ensure the safety of life and property at sea, and the protection of marine
environment;
(e) To upgrade the skills and qualifications of harbor pilots to promote and develop
professionalism among their ranks;
Sec. 4. Definition of Terms. - For the purpose of this Act, the words and phrases used herein 
shall be defined as follows: 
(a) Appointment refers to a designation by the Port Authority granted to a harbor pilot to
exercise his profession and render pilotage service in a particular harbor pilotage
district;
(b) Administration refers to the Maritime Industry Authority (MARINA) which issues the
Pilotage License after examination for a particular Pilotage district.
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(c) Port Authority refers to the Philippine Ports Authority (PPA) and other port authorities 
created under a special charter, including the ports within the economic zones and 
autonomous regions, having exclusive jurisdiction, supervision and control over port 
operation and management in a specific port in the Philippines; 
(d) Harbor Pilot refers to a duly licensed Master Mariner, who is not part of the regular 
complement of the vessel, taken on board at a particular place, and tasked to efficiently 
and effectively perform pilotage service within a specific pilotage district; 
(e) Harbor Pilotage District refers to the territorial area including all inland waters, 
channels, waterways, anchorages, navigable tributaries as well as port, wharves, pier, 
jetties delineated by latitude and longitude. 
(f) Pilotage License refers to the license granted by the Administration to a Master 
Mariner to exercise his profession and to render pilotage services in that particular 
pilotage district; 
(g) Pilotage Organization refers to an association of Harbor Pilots duly established for a 
particular Harbor Pilotage District as defined in this act; 
(h) Pilotage Service refers to the act of conducting, navigating or maneuvering a vessel 
to/from berth or anchorage, along rivers, channels and estuaries, including all related 
activities thereof; 
(i) Recognized Umbrella Organization of Harbor Pilots refers to a national federation 
or association of harbor pilots, the membership of which comprises the majority of the 
duly licensed harbor pilots in the Philippines duly registered with the Securities and 
Exchange Commission, Cooperative Development Authority or the concerned 
regulatory body. 
(j) Recognized Umbrella Organization of Ship Agents refers to a national federation or 
association of ship agents the membership of which comprises the majority of the ship 
agents in the Philippines duly registered with the Securities and Exchange Commission, 
Cooperative Development Authority or the concerned regulatory body.  
Sec. 5. Powers and Functions of the Port Authority. – The Port Authority shall have the 
following powers and functions:  
(a) Exercise administrative control, regulation and supervision on pilotage and conduct of 
pilots in port districts under its jurisdiction; 
(b) Establish, determine and adjust rates and fees for harbor pilotage services by taking into 
account the current rate structure, tonnage of vessels, peculiarity and intrinsic 
characteristic of each port and harbor and such other important factors: Provided, That 
no imposition or adjustment shall be made without prior consultation with the Harbor 
Pilots and concerned Shipowners in a public hearing called for the purpose. 
(c) Conduct regular consultative meetings with duly established pilotage organizations and 
duly appointed harbor pilots in relation to improvement of services, upgrading of pilot 
facilities, rate restructuring and such other related concerns; 
(d) Determine and appoint the number of harbor pilots needed in a particular pilotage 
district in the case of PPA and in a particular port in the case of independent port 
authorities upon due consultation with the concerned pilotage district; 
(e) Ensure the efficient and fair handling of appointment of harbor pilots; suspend or cancel 
the appointment of harbor pilots for just cause, giving due notice to affected parties and 
after proper hearing; 
(f) Grant and issue pilotage appointment to harbor pilots; 
(g) Cancel or suspend the license of harbor pilots for any act in violation of the provisions 
of this Act; 


(h) Establish a comprehensive training program for pilot applicants before their final 
appointment as Harbor Pilots in their respective Pilotage District, and such additional 
and continuing pilotage education developed in cooperation with the national and local 
pilotage associations. 
(i) Adopt rules and regulations necessary for the enforcement and administration of 
pilotage operations and conduct of pilots; 
Sec. 6. Establishment of Harbor Pilotage District. – Pilotage Districts shall be established 
throughout the Philippines to be known by the name of the principal port embraced within its 
limits. The Port Authority shall determine the number of pilots in a given pilotage district, and 
may increase or decrease the same when necessary or expedient for the purpose of providing 
an adequate and efficient pilotage service, economic viability and upon prior consultation with 
the Harbor Pilots of the concerned Pilotage District. The Philippine Ports Authority shall 
exercise general jurisdiction over all Pilotage Districts, except when a specific port or 
anchorage is under the jurisdiction of another Port Authority by Special Charter or is otherwise, 
located in a declared autonomous region. 
Sec. 7. Provision of Pilotage Services. - Pilotage service shall be provided either directly by 
the Port Authority or through an established pilotage organization in a government­ maintained 
or privately-managed ports in the country. Every vessel while navigating in any pilotage district 
or any part thereof shall be under pilotage and the owner, agent or master of the vessel shall 
comply with that requirement. A vessel while being moved within any area of the port that is, 
or forms part of a pilotage district shall be deemed a vessel navigating a pilotage district. 
Sec. 8. Compulsory Pilotage. - Pilotage services shall be compulsory in all government and 
private wharves, berths, piers, jetties, or anchorage except as otherwise provided in this 
paragraph. Every vessel engaged in foreign trade shall always be under compulsory pilotage. 
Pilotage for vessels engaged in domestic trade shall likewise be compulsory unless exemption 
is secured by the domestic vessel as provided in this act. Chemical/Gas/Oil Tanker vessels or 
any other vessels carrying hazardous cargoes shall always be under compulsory pilotage. The 
Port Authority may, if it appears to be necessary, exempt any vessel other than tanker vessels 
engaged in domestic trade while navigating in any pilotage district, from being under pilotage 
service subject to such conditions as it may deem appropriate. 
The Port Authority shall consider the following factors in determining the type of 
appropriate coverage for each port: 
(a) Size and type of vessels; 
(b) Physical and technical configuration of ports including mooring and berthing 
capabilities; 
(c) Hydrographic situation of the harbor including its channels and passageways; 
(d) Navigational capabilities of each port, safety and traffic devices and other related 
navigational aids; 
(e) Volume of vessel traffic or average frequency of vessel arrivals and departures; and 
(f) Such other factors which may affect the risk of vessel movements. The Port Authority 
may issue a Pilotage Exemption Certificate to the Master of the vessel granted 
exemption under this Act, provided that the Master has completed 60 inbound and 
outbound trips to and from the port where the vessel makes its regular port calls. 


Sec. 9. Qualifications of Harbor Pilots. - A person shall be appointed as a harbor pilot if one 
possesses the following: 
 
(a) Filipino citizenship; 
(b) Sound physical and mental condition; 
(c) Good moral character; 
(d) Duly licensed by the Administration to practice one's profession within a specified port 
or district; and 
(e) Must have been a Master Mariner on board sea going vessels of not less than five 
hundred (500) gross tons for at least five (5) years 
 
Sec. 10. Compulsory Retirement of Pilots. - Upon the effectivity of this Act, a harbour pilot 
shall be considered retired upon reaching the age of seventy (70): Provided, However, that all 
harbor pilots shall undergo annual medical and physical examinations as a requirement for the 
continued exercise of pilotage service profession. 
 
Sec. 11. Appointment of Harbor Pilots. - All harbor pilots, before practicing the profession, 
must get an appointment from the Port Authority. The Port Authority shall appoint only a 
limited number of harbor pilots per district or port for efficiency purposes. The appointment 
will not result to an employer-employee relationship between the Port Authority and the harbor 
pilot-applicant. 
 
Sec. 12. Establishment of a Pilotage Organization. - The appointed harbor pilots in each 
Harbor Pilotage District shall organize themselves into a corporation, partnership or 
cooperative. Said organizations must be duly registered with either the Securities and Exchange 
Commission or Cooperative Development Authority. The Port Authority shall allow only one 
pilotage organization in every Harbor Pilotage District, and to which all the Harbor Pilots for 
the said District shall all belong and be members thereof. 
 
Sec. 13. Record. - Harbor pilot organizations shall keep a _record of his or its operations and 
financial transactions and such other records or reports pertaining to pilotage services 
operations. Such records shall be made open to member-pilots and concerned government 
agencies for inspection and examination. The inspection and examination of records under this 
Act shall be limited purely to pilotage matters and operations. 
 
Sec. 14. Operating Capital, Equipment and Facilities. - To effectively and efficiently render 
pilotage services, individual pilots and pilot organizations shall make available such operating 
capital equipment or facilities may be required by the Port Authority. 
 
Sec. 15. Pilotage Fees as Maritime Lien. - Pilotage Fees for pilotage services actually 
rendered on a vessel shall constitute a maritime lien on the vessel concerned as in unpaid crew 
wages of the vessel, which may be enforced by a suit in rem in the Philippines or otherwise in 
any foreign country in which the vessel may be found. No vessel shall be granted departure 
clearance unless the Pilotage Fees are paid in full or a satisfactory arrangements are agreed 
upon for the payment of Pilotage Fees. 
 


Sec. 16. Grounds for Suspension or Cancellation of Appointment. - The Port Authority may 
cancel or suspend the appointment of harbor pilots on the following grounds: 
 
(a) Refusal or failure to render effective and efficient pilotage service without justifiable 
cause; 
(b) Failure or refusal to observe and comply with safety standards and port policies; 
(c) Gross incompetence or negligence which resulted in the loss of cargoes, loss of lives 
and destruction of vessel and harbor properties; 
(d) Implementation of rates and fees not agreed by the parties or duly authorized by the 
Port Authority; 
(e) Involvement or participation in illegal activities such as smuggling and trafficking 
passengers; 
(f) Failure or refusal to post the required performance bond and other related fees; 
(g) Failure to comply with the substantive requirements of the Port Authority; 
(h) Failure or refusal to post the required indemnity insurance; 
(i) Intoxication and use of prohibited drugs during the performance of duties as a 
harbor pilot; 
(j) Fraudulent misrepresentation, including the use and submission of any false or 
forged documents, in obtaining the Harbor Pilot License or appointment; 
(k) Acts prejudicial to the Professional Code of Conduct for harbor pilots; 
(l) Physical or mental impediment to render pilotage services as may be determined 
by a physician accredited by the Department of Health; or 
(m) Failure to comply with any of the provisions of this Act and its implementing rules 
and regulations. 
 
Sec. 17. Responsibility of Owner, Agent or Master of a Vessel. - The owner, agent or 
master of a vessel shall only employ duly licensed and appointed harbor pilots to render 
pilotage services in a particular district or port. A person acting in violation of this Section 
shall be fined in such amount as may be prescribed by the Port Authority. For this purpose, 
the Port Authority shall publish the list of appointed harbor pilots and their respective 
jurisdictions in such manner as to ensure that every owner, agent or master of a vessel is 
properly informed. 
Sec. 18. Limitation of Pilot's Liability. - A harbor pilot licensed to act as such by the 
Port Authority and authorized to provide pilotage services in the different harbor pilotage 
districts shall serve as adviser of the master during and at the time of his engagement in 
the conduct and maneuver of the vessel. The master of the vessel, its owners and agents 
are not relieved of their responsibility for any loss or damage caused by or to the vessel 
even while the vessel is under compulsory pilotage. Under this act, the master retains his 
overriding authority and the responsibility to make decisions with respect to the safety of 
his crew, passengers and/or cargoes, and the environment. 
A harbor pilot licensed to act as such by the Port Authority and authorized to 
provide pilotage services in the different harbor pilotage districts shall not be liable for 
damages in excess of the amount of Five Hundred Thousand Pesos (P500,000.00) for 
damages or loss occasioned by a pilot's errors, omissions, fault, or neglect in the 
performance of pilotage services, except as may arise by reason of one's willful misconduct 
or gross negligence. 


Each harbor pilot shall post an indemnity insurance bond from the Government 
Service Insurance System (GSIS) or from such reputable insurance company acceptable 
to the Port Authority, to cover the limit of the liability. The harbor pilot shall be free from 
responsibility for damage, injury or death arising from the negligence of the master and 
crew of the vessel under pilotage, unseaworthiness of the vessel, breakdown of its 
machineries and equipment, force majeure or fortuitous event. 
Upon actual boarding of a vessel to provide pilotage services, that pilot becomes a 
servant of the vessel and its owner and operator. Nothing in this Section exempts the 
vessel, its owner, or its operator from liability from damage or loss occasioned by that ship 
to a person or property on the ground that (a) the ship was piloted by a duly licensed pilot, 
or (b) the damage or loss was occasioned by the error, omission, fault or neglect of a pilot 
duly appointed by the Port Authority. 
Section 19. Penal Provision. - A fine of not less than Twenty Thousand Pesos 
(P20,000.00) nor more than Two Hundred Thousand Pesos (P200,000.00) or 
imprisonment for a period of not less than one (1) year nor more than ten (10) years or 
both such fine and imprisonment, at the discretion of the court, shall be imposed upon: 
(a) Any person who shall render pilotage services without a valid license for that 
particular district issued by the Administration and without a valid appointment by 
Port Authority; 
(b) Any person who represents one's self as a harbor pilot for a particular pilotage 
district without being a member of the duly recognized pilotage organization for 
the said particular harbor pilotage district; 
(c) Any person who shall give any false or forged documents for the purpose of 
obtaining the harbor pilot license or appointment; and 
(d) Any person who shall use an expired, revoked or suspended harbor pilot license or 
appointment to perform pilotage services; 
Sec. 17. Transitory Provisions. – Harbor pilots duly authorized to render pilotage services 
prior to the effectivity and implementation of this Act shall continue to exercise their 
profession until they reach the mandatory retirement age. They shall be given preference 
over new applicants as long as they have substantially complied with the requirements 
promulgated pursuant to this Act. 
All rules, regulations, administrative orders, circulars and related issuances on 
pilotage services promulgated by the different port authorities shall continue to apply until 
otherwise updated, repealed or modified. 
Sec. 18. Implementing Rules and Regulations. Following the effectivity or this Act, the 
Administration shall immediately convene and promulgate the necessary implementing 
rules and regulations of chis Act within a period of ninety (90) days from its effectivity. 
Sec. 19. Separability Clause. – If any part or provision of this Act is declared as 
unconstitutional or invalid by a court of competent authority, the remaining provisions 
which are not affected thereby shall continue to be in full force and effect. 
Sec. 20. Repealing Clause. – Executive Order No. 1088 dated February 3, 1986 is hereby 
repealed. Other laws, decrees, issuances, rules and regulations, or any part thereof, which 


are inconsistent with or contrary to the provisions or this Act, are hereby repealed or 
modified accordingly. 
Sec. 21. Effectivity. – This Act shall take effect fifteen (15) days after its publication m 
the Official Gazette or in a newspaper of general circulation. 
 
Approved,