Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

2947
HOUSE BILL NO. __

Introduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias

EXPLANATORY NOTE
This bill seeks to establish a National Transportation Safety Board.

The Philippines relies heavily on the transportation industry to provide business
opportunities and to increase the mobility of people and goods. The transportation
industry plays a vital role in the development and in promoting economic growth in the
country. The maintenance of a safe, viable, efficient, fast and dependable
transportation system is therefore imperative. However, through time, the country
witnessed transportation accidents of different magnitudes. These unfortunate
accidents, which have caused much damage to persons, property and the
environment, reveal the immediate need for the State to find concrete and permanent
solutions to minimize if not totally prevent these accidents.

Public clamor for government action arises whenever transportation accidents
occur, particularly those causing the loss of lives and damage to property. The public
expects the government to conduct immediate investigation and demands full
disclosure and the coresponding safety recommendations. However, transportation
accidents still occur from time to time, even those which could have been prevented by
proactive measures from different sectors. Thus, there is a need to effectively promote a
higher degree of safety in the transportation sector of the country.

Currently, there ore various government agencies tasked with the regulation of
the transportation system which are attached fo the Department of Transportation,
namely: the Land Transportation Office, Land Transportation Franchising and Regulatory
Board, Civil Aviation Authority of the Philippines, Maritime Industry Authority, and the
Philippine Coast Guard. As regulatory agencies, they are mandated to promulgate
transportation safety rules, regulations and policies. in order to have proper oversight over
the safety, adequacy and efficiency of our transport system, an. independent and non-
regulatory agency is essential.


This measure proposes the establishment of the National Transportation Safety
Board (NTSB) as the primary investigative agency of transportation accidents which
seoited in a fatality or significant damage to property or the environment. The main
Objective of NTSB is to determine the cause or causes of accidents involving the varus
modes of transportation -- land, air, maritime and rail -, promote transportation safety,
tnd to initiate or recommend measures cimed at preventing future accidents. In
Gddition, NTSB carries out special studies concerning transportation safety and has the
Guided responsiblity of coordinating government assistance to victims and their families
fr cases of catastrophic transportation accidents which may cause the loss of lives or
damage to property or the environment.

The NTSB is composed of a Chairperson and four full-time members who each
have extensive training and experience in a specific mode of transportation and also
have adequate knowledge in investigation, analysis and evaluation of transportation
accidents, particularly in the field of accident reconstruction, evaluation of evidence
and transportation safety.

The NTSB shall be charged with the conduct of independent accident
investigations; continual and objective review, appraisal and assessment of operating
practices and regulations of government agencies which implement transportation laws
Gnd policies. itis also tasked to formulate and promulgate safety improvement standards
for observance and implementation by said agencies and the public.

Establishing a National Transportation Safety Board will ensure that an impartial
and thorough investigation of transportation accidents is conducted by an independent
and non-regulatory agency.

This measure is a refiled bill from House Bill No. 6978, authored by former
Representative Rodolfo C. Farifias in the 17" Congress.

In view of the foregoing, approval of this bill is earnestly sought.

RU! G. FARINAS | RIA CHRISTINA G/ FARINAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2947

Inlroduced by Representatives Ria Christina G. Farifias
and Rudys Caesar G. Farifias

AN ACT ESTABLISHING THE NATIONAL TRANSPORTATION SAFETY BOARD AND
APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives in Congress of the Philippines
Assembled:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “National Transportation
Safety Board Act.”

SEC. 2, Declaration of Policy. - It is hereby declared the policy of the State to
maintain @ safe, viable, efficient and dependable transportation system as it plays an
important role in nation-building and in promoting economic growth.

Consistent with this policy, the State recognizes the importance of preventing
transportation accidents, thereby saving lives and property, by promoting transportation
safety. Towards this end, there is a need to establish a government agency tasked with
promoting Iransportation safety and efficiency in the transportation of people, property
Bnd goods and conducting investigations to determine the probable cause of
transportation accidents.

CHAPTER I
CREATION AND ORGANIZATION

SEC. 3. National Transportation Safety Board. — There is hereby created the National
Transportation Safety Board (NTSB) which shall be attached to the Office of the President,
The NTSB shall have the following objectives:

a) To prevent future transportation accidents, save lives and reduce injuries and
damage to property:


b) To ensure implementation of safety procedures that have been identified by the
government agencies responsible for transportation safety:

¢} To conduct objective, precise accident investigations, and safety studies:

d) To assist the victims of transportation accidents and their families and ensure that
they receive timely and ‘commensurate assistance from the transport operators,
other government agencies, and ‘community service organizations; and

e) Advocate and promote safety recommendations and related information to the
public, safety managers, and to the transportation sector.

SEC. 4. Board Members; Qualifications. —
(2) The NTSB shall be composed of a Chairperson and four (4) full time members.

{b) A member of the NTSB must be:
() Anatural-born citizen and resident of the Philippines;
(2) At least thirty-five (35) years of age;
{3} A person of good moral character, unquestionable integrity, recognized
probity, and competence

{c) The NTSB must be composed of experts in the following fields:
(1) One (1) member must have extensive training and experience of at least
ten (10) years in air transportation;
{2} Two (2} members must have extensive training and experience of at least
ten (10) years in maritime transportation:
(3) Two (2) members must have extensive training and experience of at least
ten (10) years in land transportation; and
(4) One (1) member must have extensive training and experience in rail
transportation.

(d) The members of the NTSB must also have adequate knowledge in investigation
analysis and evaluation of transportation accidents, particularly in the field of accident
reconstruction, evaluation of evidence and transportation safety.

SEC. 5. Chairperson. - The Chairperson of the NISB shall be the chief executive officer and
Shall exercise the executive and administrative functions thereof with respect to the
G@ppointment and supervision of personnel employed by the NTSB, distribution of functions
among any administrative units of the NTSB ond the use and expenditure of funds.

The members of the NTSB will choose from among themselves an acting
Chairperson in the event of absence or incapacity of the Chairperson.

SEC. 6. Appointment of NTSB Members. — The President of the Philippines shall appoint the
first members of the NTSB within sixty (60) days from the effectivity of this Act. Any vacancy
in the NTSB shall also be filled within sixty (60) days from the date the vacancy first arises.


SEC. 7. Term of Office. — All members of the NTSB shall have a fixed term of six (6) years
without reappointment. Of those fist appointed, the Chairperson shall hold office for six (6)
years, two (2) members shall hold office for four (4) years and the remaining two (2)
yeembers shall hold office for two (2) years, without reappointment. Upon the expiration of
the term of a member of the NTSB, the said member shall continue to serve until a successor
is appointed and shall have qualified. Appointment to any vacancy shall only be for the
unexpired term of the predecessor.

No member of the NTSB shall hold concurrently any other goverment office or
position or be employed in any government-owned or controlled corporation or entity.

Members of the NISB may be removed by the President for cause as provided for
by law.

SEC. 8. Prohibited interests. - The Chairperson and members of the NTSB or any of their
relatives within the fourth civil degree of consanguinity or affinity, legitimate or common
law, shall be prohibited from holding any interest whatsoever, either as investor,
stockholder, officer or director, in any company or entity engaged in air, maritime, land
and rail transportation, whether scheduled or unscheduled, passenger or cargo, domestic
of intemational, or in any business providing support services to persons engaged in areas
such as general sales agencies, travel agencies, cargo forwarders, ground handling,
Catering, fvel servicing, maintenance, and must divest, through sale or legal disposition, of
any ond all interests in such undertakings upon assumption of office. Any violation of this
section shall subject the member concerned to removal from the NTSB for cause as well as
‘administrative, civil or criminal prosecution under applicable laws.

SEC. 9. Quorum. - The presence of at least three (3) members of the NTSB shall constitute
a quorum and the majority vote of two (2) members in a meeting where a quorum is
present shall be necessary for the adoption of any rule, ruling, order, resolution, decision or
‘other act of the NTSB in the exercise of its Functions.

SEC. 10. Compensation. - The salary of the Chairperson and the members of the NTSB shall
be the same as those of the Chairperson and Members of the different Constitutional
Commissions. They shall also be entitled to computable representation and transportation
allowances in the amount of not less than Five thousand pesos (P5,000.00) each per month.
The salary of the Chairperson and Members of the NTSB shall not be decreased during their
tenure.

SEC. 11. Offices of the NTSB. - The NTSB shall establish and maintain distinct and
appropiiately staffed bureaus, divisions or offices to investigate and report on accidents in
any of the following modes of transportation: a) air; b) maritime: c) land; and d) railroad
or tracked vehicles.

The NISB shall also establish and maintain any other office as is needed, including
‘an office to investigate and report on the safe transportation of hazardous, toxic or waste
materials.


SEC. 12, Personnel. ~ Subject to civil service lows. rules and regulations and the approval
of ihe Department of Budget and Management, the NTSB is authorized to determine its
own staffing pattem and the number of personnel of the organization. The NTSB is also
Guthorized, in accordance with existing laws and policies, to select, appoint, employ, and
fx the compensation of such officers and employees. including investigators, and
attorneys, as shall be necessary to carry out its powers and duties.

SEC. 13. Seal. - The NTSB shall have a seal which shall be officially recognized.

CHAPTER Ill
POWERS AND FUNCTIONS

SEC. 14. Powers of the NTSB. — The NTSB shall exercise the following powers:

a) The NTSB, or upon authority of the NTSB, any member thereof. or any officer or
employee duly designated by the chairperson, may conduct such hearings, sit and act as
such times and places, administer such oaths and require by subpoena or subpoena
duces tecum the attendance and testimony of such witnesses and the production of such
évidence as the NTSB or such officer may deem necessary. Subpoenas shall be issued
under the signature of the chairperson, and may be served by the person designated by
the chairperson.

b) Any employee of the NTSB, upon presenting appropriate credentials and a written
notice of inspection authority, is authorized to enter any property wherein a transportation
accident has occurred or wreckage of any such accident is located and do all things
therein necessary for the proper conduct of investigation. The employees may inspect, at
reasonable times, records, files, processes, controls and facilities relevant to the
investigation of such accident. Each inspection shall commence and be completed with
reasonable promptness and the results of such inspection made available to the public
within a reasonable time;

¢) Incase of contumacy or refusal to obey a subpoena, an order, or an inspection notice
of the NTSB or any duly designated employee thereof, by any person who resides, is found,
or transacts business within the jurisdiction of the Philippines, may be required to comply
forthwith by a court of competent jurisdiction, upon the petition of the NTSB. Failure to
obey such an order is punishable by such court as contempt of court:

4) The NTSB is authorized to enter into such contracts, leases, cooperative agreements, or
other transactions as may be necessary in the conduct of the functions and the duties of
the NTSB under this Section, with any government entity or any person:

e) The NTSB is authorized to:

1) Use, on a reimbursable basis or otherwise, when appropriate, available services,
equipment, personnel ond facilities of the Department of Transportation, the
Department of National Defense, the Department of Public Works ond Highways,
including their attached agencies, and other agencies and instrumentalities of the
government in the conduct of its investigations:


2) Employ recognized experts and consultants on the accidents under investigation
who shall be paid by compensation fixed by the NTSB: Provided, That not more
than two consultants shall be appointed for each incident being investigated;

3) Create advisory committees composed of qualified private citizens and
government officials as it deems necessary or appropriate:

4) Accept voluntary and uncompensated services notwithstanding any other
provision of law; and

5) Accept gifts or donations of money or property, including real, personal, mixed,
tongible or intangible; and enter info contracts with public or private non-profit
entilies for the conduct of studies related to any of its functions.

f) The NTSB may order any autopsy to be performed and have other tests made when
necessary to investigate an accident. However, local or national laws protecting religious
beliefs related to autopsies shall be observed to the extent consistent with the needs of the
accident investigation. With or without reimbursement, the NTSB may obtain a copy of an
autopsy report performed by a State or local official on an individual who died because
of a transportation accident investigated by the NTSB;

a) As soon as practicable after being notified of a transportation accident within the
Philippines involving a domestic or foreign air carrier, domestic or foreign passenger or
cargo ship, land based mass fransit system which results in the loss of lives or significant
damage to property or to the environment, the NTSB shall:

1) Designate and publicize the name ‘and phone number of the Director of the
Office for Public Affairs or Support Services, which shall be created pursuant to this
‘Act, who shall be an employee of the NTSB and shall be responsible for acting as a
point of contact within the Government for the families of passengers involved in
the accident and a liaison between the carrier and the families:

2) Designate the Department of Social Welfare and Development (DSWD) or an
independent non-governmental organization (NGO), with experience in disasters
and post-rauma communication with families, which shall have primary
responsibility for coordinating the emotional care and support of the families of
passengers involved in the accident;

3) Meet with the families who have traveled to the location of the accident, to
contact the families unable to travel to such location, and to contact all affected
families periodically thereafter until such time as the NTSB, in consultation with the
DSWD, determines that further assistance is no longer needed;

4) Communicate with the families as to the roles of the NTSB, government agencies,
‘and the carrier involved with respect to the accident and the post-accident
activities; and


g} Evaluate, assess the effectiveness, and publish the findings of the NTSB with respect to
fhe transportation safely consciousness and efficacy in preventing accidents of other
government agencies, as well as promote transportation safety consciousness in both the
national and local governments;

h) Evaluate the adequacy of safeguards and procedures concerning the transportation
‘of hazardous materials and the performance of carriers and other government agencies
charged with assuring the safe transportation of such materials;

i) Gather, analyze and survey, and keep data and statistics related to transportation
accidents; and

j) Prepare and submit annual reports which shall include specific proposals for corrective
legislation to the Department of Transportation, with copies simultaneously furnished to the
appropriate committees of the Senate and the House of Representatives.

Other government agencies mandated to investigate concurrently the accidents
mentioned in this section shall coordinate with the NTSB in the performance of its functions.
In addition, it shall give full support to the actions and policies dictated by the NTSB during
the conduct of investigations.
CHAPTER IV
SPECIAL BOARD OF INQUIRY
AND SAFETY RECOMMENDATIONS

SEC. 16. Special Board of Inquiry. -

(a) if an accident involves a substantial question about public safety, the NTSB may
establish a special board of inquiry composed of the following:

i) One (1) member of the NTSB acting as chairperson;

jl) Two (2) members representing the public, appointed by the President of the
Philippines on notification of the creation of the special board of inquiry.

(b) The public members of a special board of inquiry must be qualified by training and
experience 10 participate in the inquiry and may not have a pecuniary interest in an
enterprise related to the mode of transportation involved in the accident fo be
investigated.


4) A statistical and analytical summary of the transportation accident investigations
conducted and reviewed by the NTSB during the preceding calendar year;

b) A survey and summary, in such detail as the NISB deems advisable, of the
recommendations made by the NTSB to reduce the likelihood of recurrence of such
accidents together with the observed response to each recommendation;

¢) An appraisal in detail of the accident investigation and accident prevention
activities of other government agencies charged by law with responsibility in this
field; and

d) Recommendations for legislative and administrative actions or changes with
respect to transportation safety.

SEC. 21. Fiscal Autonomy. - The NISB shall enjoy fiscal autonomy. Their approved annual
‘appropriations shall be automatically and regularly released.

SEC. 22. Appropriations. - The NTSB shall receive an appropriation in the amount of Thirty
Million Pesos {P30,000,000.00) to finance its operation for the first year to be appropriated
out of the funds of the National Treasury not otherwise appropriated. Thereafter, such
amounts as may be necessary and sufficient to finance its operations and activities shall
be included in the annual General Appropriations Act.

CHAPTER VI
FINAL PROVISIONS

SEC. 23. Separability Clause. - if any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SEC. 24. Repealing Clause. - All laws, decrees, orders, proclamation, rules and regulations,
or parts thereof, which are inconsistent with any of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 25. Effectivity. - This Act shail take effect fifteen (15) days after its publication in the
Official Gazette or in two (2) national newspapers of general circulation.

Approved,