SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. B. No. 
172 
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Introduced by Senator Sergio Osmei'ia III 
EXPLANATORY NOTE 
" 
, 
The archipelagic nature of the Philippines makes sea travel a major 
facet of domestic trade and commerce, and travel. The Philippine record of 
domestic maritime services has recently been marred by mishaps and sea 
tragedies that took a heavy toll on both life, limb and property, On hindsight, 
these tragedies could have been avoided by appropriate safeguards that 
should have been institutionalized by the appropriate laws, 
Among the most obvious causes of the more recent tragic inCidents are 
the overloading 
and overcrowding of ships beyond 
their authorized load 
capacities; the sea unworthiness of vessels plying the domestic inter-island 
routes; and the incompetence and dereliction among crew members, 
This bill seeks to strengthen the existing provisions of law in order to 
prevent recurrences of these sea tragedies. Most of the existing regulations 
on maritime safety 
are in the form of Memoranda issued by the Maritime 
Industry Authority (MARINA) which lack the necessary deterrents against 
violations of the regulations. This bill specifies safety measures that should be 
observed, and safety equipment that must be required of every vessel, and 
provides for the adequate penalties to strengthen the enforcement of the law. 
This bill also seeks to improve the coordination between the MARINA 
and the Coast Guard, 
by delineating their respective responsibilities in the 
enforcement of the law. 
To date, no shipowner, officer or government personnel has been 
taken to account for the recent tragedies that claimed numerous lives, and 
inflicted countless injuries. The poor and underprivileged who can afford only 
the services and facilities available from the local maritime fleet have a right to 
better safeguards, better laws and regulations that will ensure their safety. 
In view of the foregoing, the immediate approval of this bill is earnestly 
requested. 
;1.~~ 
SERGIO OSMENA III 
Senator 
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SIXTEENTH CONGRESS OF THE REPUBLIC} 
OF THE PHILIPPINES 
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First Regular Session 
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JIJL -1 
P,1 :n5 
SENATE 
S.B. No. 172 
Introduced by Senator Sergio Osmefia III 
AN ACT 
MANDATING 
SHIPOWNERS, 
SHIP 
CREW, 
AND 
CONCERNED 
GOVERNMENT AGENCIES TO PROVIDE FOR AND ENSURE THE SAFETY 
OF PASSENGERS AT SEA, PROVIDING PENALTIES FOR VIOLATIONS 
THEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Title. - This Act shall be known as the "Maritime Safety 
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Act". 
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SEC. 2. Declaration of Policies. - It is hereby declared the policy of the 
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State to: 
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a) Enhance and ensure the safety and quality of passenger-transport 
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services in the country through the provision on board the ship of adequate 
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safety equipment, strict observance by shipowners, ship crew, and passengers of 
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minimum safety measures and standards, and the provision of qualified and 
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competent crew personnel to man and operate the vessels; 
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b) Provide for the effective supervision and regulation of operations of all 
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water transport utilities in the country, particularly those engaged in the 
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commercial carriage of passengers by sea, through the rationalization of 
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functions and responsibilities of various government agencies involved in the 
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enforcement of maritime safety laws; and 
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c) Provide the basis for the criminal liability of shipowners and crew 
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members of ships for any injuries suffered by, or loss of lives of their passengers 
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resulting from their malicious or culpable negligence in the course of 
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performance of their contracts of carriage with such passengers. 
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SEC. 3. Coverage. - The provisions of this Act shall apply to: 
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a) All vessels engaged in the carriage of passengers and goods for hire 
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regardless of tonnage, including such vessels of foreign registry temporarily used 
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in Philippine waters; and 
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b) All types of vessels required to be registered in the Philippines under 
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existing laws. 
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Warships, naval vessels, non-motorized bancas, sailboats and other 
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watercrafts of less than three (3) gross registered tonnage (GRT) shall not be 
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covered by this Act. 
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SEC. 4. Mandatory Minimum Safety Standards and Measures. - All 
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vessels covered by the provisions of this Act shall strictly observe the following: 
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a) The showing of a film, at least of ten (10) minutes length and dubbed in 
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the local dialects of the points of origin and destination of the vessel, pertaining to 
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the ship's safety, health and sanitation in such places in the vessel, and in such 
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times that will ensure that most if not all passengers on board have effectively 
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seen and heard the same. 
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b) All watertight doors, portholes, ramps and manholes shall be securely 
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locked and checked prior to leaving port and must be regularly inspected during 
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the voyage. 
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c) During any emergency, the posting of crew members and other 
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personnel of the vessel on strategic areas or points in the vessel as may be 
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indicated in its general emergency plan for the purpose of aSSisting the 
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passengers to, or prioritizing and ensuring their safety; 
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d) The clearing, at all times, of all passageways of any obstruction. Safe 
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and convenient storage for passengers' hand carried luggages must be provided. 
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e) The wearing of the prescribed uniform and identification cards by the 
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ship's officers and crew, including security personnel, while they are on duty. 
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SEC. 
5. 
Provision of Standard Safety Equipment. 
-
All vessel 
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covered by the provisions of this Act, shall at all times be provided with: 
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a) Life vests or life jackets on board the vessel in the quantity of twenty 
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(20) units or pieces more than the passenger load capacity of such vessel as 
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determined and authorized by the Maritime Industry Authority (MARINA), 
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imprinted with the vessel's name, conspicuously stored in any locker, and must 
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be readily accessible for use in any case of emergency. 
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b) Lifeboats or rubber boats on board the vessel in the quantity of two (2) 
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units more than what is sufficient to accommodate the passenger load capacity 
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of such vessel, including the crew members of the vessel, imprinted with the 
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vessel's name conspicuously located in strategic points or areas of the vessel, 
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and must be readily accessible for use in any case of emergency. 
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c) At least two (2) accessible emergency exits or escape openings in all 
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general areas, and the location of such shall be indicated by luminous signs 
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visible in all passenger areas showing the proper direction thereto. 
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d) Independent red blinking lights as a part of, and indicating each 
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emergency exit or escape opening for the purpose of assisting the passengers in 
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identifying such exits in cases of emergency. 
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e) Emergency lights, in good working condition, in all passenger 
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accommodations, passageways and stairways, that shall automatically switch on 
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in any case of power failure in the vessel. 
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f) Sketches of the vessel indicating the locations of lifejackets and 
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lifeboats, firefighting eqUipment, emergency exits, and the major sections of the 
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vessel, passageways and stairways, including the vessel's general emergency 
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plan, must be conspicuously displayed in the passenger lounges and inside 
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cabins and suites. 
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SEC. 6. Passenger Overloading. - The following measures shall also 
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be strictly complied with: 
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a) No vessel shall leave port unless its manifest or passenger list shall 
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have been prepared and made available by the concerned ship officer. 
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b) No vessel, under any circumstance, carrying more than or in excess of 
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its authorized passenger load capacity shall be allowed to leave port. 
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c) No person or passenger without a valid ticket issued by the shipowner 
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or its authorized agents shall be allowed to board the vessel. 
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d) No shipowner, or its agent, or any of its authorized employee shall 
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issue tickets on board. 
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SEC. 7. 
Delineation of Functions. 
- Notwithstanding existing laws, 
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rules and memoranda and issuances the Maritime Industry Authority or MARINA 
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shall promulgate rules and regulations for the effective implementation of the 
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provisions of this Act. 
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The Philippine Coast Guard or PCG shall assist the MARINA in the 
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enforcement of this Act and its implementing rules and regulations. 
For this 
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purpose, it shall be primarily responsible for enforcing the provisions of this Act 
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before any vessel leaves, or as it calls on, any port, and whenever, allowed by 
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law, or when necessary in the interest of the safety of the passengers, while any 
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such vessel is on its voyage at sea. 
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SEC. 8. Penalties. - Any violation of the provisions of this Act shall be 
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punished accordingly. 
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a) Any violation of the provisions of Section 4 of this Act, except 
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paragraphs (d) and (e), shall be punished with a fine not less than Fifty thousand 
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pesos (P50,OOO.OO) but not more than One hundred thousand pesos 
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(P100,OOO.OO) impassable on the shipowners or juridical entity concerned. For 
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. the third violation of the same provisions, the shipowners and other responsible 
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officers, as the case may be, shall be punished by an imprisonment of two (2) 
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years and one (1) day. 
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b) Any violation of the provisions of Section 5 of this Act shall be 
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punished with a fine not less than One hundred thousand pesos (Pi 00,000.00) 
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but not more than Two hundred thousand pesos (P200,000.00) impassable on 
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the shipowners or juridical entity concerned. For the third violation of the same 
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provisions, the shipowners and other responsible officers, as the case may be, 
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shall be punished by an imprisonment of three (3) years and one (1) day. 
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c) Any violation of paragraph (d) of Section 4 of this Act shall be punished 
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with a fine not less than Ten thousand pesos (P10,000.00) but not more than 
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Twenty thousand pesos (P20,000.00). 
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d) Any violation of paragraph (e) of Section 4 of this Act by any person 
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enumerated therein shall be punished with automatic suspension for the first two 
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infractions, and with summary dismissal form the service upon the third 
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infraction: Provided, That, due process has been sufficiently complied with. 
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e) Any violation of the provisions of Section 6 of this Act shall be 
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punished with a fine not less than One hundred thousand pesos (P100,OOO.00) 
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but not more than Two hundred thousand pesos (P200,000.00) impossible on the 
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shipowners or juridical entity, or employee or agent concerned. 
For the third 
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violation of the same provisions, the shipowners and other responsible officer, or 
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agent or employee, as the case may be, shall be punished by an imprisonment of 
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three (3) years and one (1) day. 
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SEC. 9. When Injuries or Deaths Occur. - Whenever less grave or 
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serious physical injuries or death of any passenger occur as a direct and efficient 
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cause of any violation of Section 4, 5 and 6 of this Act as may be shown by 
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evidence in a judicial proceeding, the following persons shall be punished with an 
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imprisonment of not less than six (6) years but not more than twelve (12) years, 
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without prejudice to the penalties imposed in the abovementioned sections: 
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a) The captain of the ship and/or any crew member, except upon a 
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showing that they have exercised due diligence in the discharge of their 
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respective functions, and that they have exerted all possible efforts to avert the 
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same given the particular circumstances attending the occurrence of the 
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incidents. 
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b) The shipowners or any responsible officer of the juridical entity 
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concerned upon a showing that they induced, facilitated, tolerated, or allowed the 
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commission of any violation of this Act which efficiently caused the injuries or 
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death suffered by any of the passengers, or had knowledge, actually or 
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constructively, of the same and failed to take reasonable steps to restrain the 
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violation, or avert the occurrence of the resulting injuries or deaths. 
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Nothing in this Section shall be construed to prejudice exiting causes of 
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action of affected passengers against the vessel's owners and crew members 
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arising from the breach of their contracts of carriage under pertinent laws. 
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SEC. 10. Jurisdiction of Courts. - The jurisdiction over a case arising 
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from any violations of this Act shall be in accordance with the pertinent provisions 
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of Batas Pambansa Bilang 129 as amended: 
Provided, That, if the violation 
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occurred at sea, the court whose seat is the most proximate in distance to such 
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location of the vessel at sea shall have jurisdiction 
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SEC. 11. Repealing Clause. - All laws, decrees, executive orders, rules 
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and regulations, or parts hereof inconsistent with the provision of this Act are 
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hereby repealed, amended or modified accordingly. 
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SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after 
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its publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation whichever comes earlier. 
Approved, 
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