Good Samaritan at Sea Law

Senate Office of the sortetary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 NOV 18 P6:01 First Regular Session RECEIVED BY: SENATE 1540 Senate Bill No. Introduced by Senator JOEL VILLANUEVA AN ACT MANDATING THE DUTY TO RENDER ASSISTANCE AT SEA IN ACCORDANCE WITH RELEVANT INTERNATIONAL CONVENTIONS EXPLANATORY NOTE Article II, Section 2 of the Constitution declares as a policy of the State the adoption of the generally accepted principles of international law as part of the law of the land. Among such universally recognized principles is the duty to render assistance to persons in distress at sea. The parable of the Good Samaritan offers a timeless moral lesson: those in need must not be ignored. In the maritime context, this principle is enshrined in Article 98 of the United Nations Convention on the Law of the Sea (UNCLOS), which imposes upon every State the obligation to require its ships to render assistance to any person found at sea in danger of being lost. Similarly, the International Convention for the Safety of Life at Sea (SOLAS) affirms this humanitarian duty. These instruments require that assistance be extended to those in peril at sea, provided that doing so does not pose serious danger to the assisting ship, its crew, or passengers. Despite our international commitments, there is currently no comprehensive domestic legislation that effectively implements these duties. According to the Maritime Industry Authority (MARINA), the number of reported maritime accidents in 2023 alone surged by 63% compared to 2022, with 188 incidents reported. This alarming increase brings the total number of maritime accidents from 2019 to 2023 to a staggering 757. Luke 10:25-37 2 Maritime Industry Authority, 2023 Marina Statistical Report. Available at https://marina.gov.ph/wp-content/uploads/2025/07/2023-MARINA-Statistical-Report-revised-final- 1.pdf (Accessed on 20 October 2025)

The proposed measure seeks to give domestic legal effect to the Philippines' obligations under UNCLOS and SOLAS by establishing a clear legal duty to render assistance at sea. It mandates all vessels, whether Philippine-flagged or foreign, operating in Philippine waters to assist persons or ships in distress, and to proceed with all possible speed to render aid, provided that such assistance does not imperil their own safety. The bill also imposes appropriate penalties for the failure or refusal to render assistance when able to do so, thereby ensuring accountability and deterrence. In enacting this measure, we not only honor our treaty commitments but also uphold a basic human duty to protect life at sea. In view of the foregoing, the immediate passage of this bill is earnestly sought.

Senate Office of the Sucretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 NOV 18 P6:02 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1540 Introduced by Senator JOEL VILLANUEVA AN ACT MANDATING THE DUTY TO RENDER ASSISTANCE AT SEA IN ACCORDANCE WITH RELEVANT INTERNATIONAL CONVENTIONS Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Good Samaritan

at Sea Law."

SEC. 2. Declaration of Policy. - The following are hereby declared to be

the policies of the State: 5 a) The State shall provide for the full and effective implementation and enforcement of international maritime instruments ratified by the Philippine Government, including, but not limited to, the United Nations Convention on the Law of the Sea (UNCLOS) and the 1974 International Convention for the Safety of Life at Sea (SOLAS), that cover safety of life at sea and comply with its duties and obligations to the international community as a State party; and b) The State shall ensure that unlawful acts committed in waters forming part of the national territory and those over which the country has sovereignty and jurisdiction are prevented, detected, and penalized to ensure a safe maritime environment as well as safeguard lives and properties.

SEC. 3. Scope of Application. - This Act shall apply to all vessels

navigating in the territorial sea, archipelagic waters and internal waters of the Philippines, and all Philippine-flagged vessels navigating in the contiguous zone and exclusive economic zone of the Philippines and the high seas.

SEC. 4. Definition of Terms. - As used in this Act:

a) Assistance may include, but is not limited to, search, rescue, towage or medical treatment, as may be applicable; b) Distress refers to a situation wherein there is a reasonable certainty that a person, a vessel, or other craft is threatened by grave and imminent danger and requires immediate assistance; C) Master or Master of the Ship refers to a person having command of a ship; and d) Requisition refers to the temporary takeover or command of the ship, with the consent of the master of a ship in distress, and the search and rescue service concerned of the Philippine Coast Guard, solely for the purpose of rendering assistance to a ship in distress.

SEC. 5. Duty to Render Assistance. -

a) The master of a ship, insofar as he or she can do so without serious danger to the ship, the crew, or the passengers onboard, has the duty to: (1) Render assistance to any person or persons found at sea in danger of being lost; or (2) Proceed with all possible speed to the rescue of persons in distress, upon receiving a signal from any source that such persons are in distress, or if otherwise informed of their need of assistance, insofar as such action may reasonably be expected of him or her; b) After a collision or other incidents of navigation, the master of a ship that caused, or is involved in, the incident shall render assistance to the other ship, its crew and its passengers, and where possible, to inform the other ship of the name of his or her own ship, its port of registry and the nearest port at which it will call; C) If applicable, the master of a ship, and the ship's crew and passengers shall accommodate embarked persons in distress at sea within the capabilities and

limitations of the ship. The master of a ship shall coordinate with relevant authorities and arrange for the disembarkation to a place of safety of persons rescued as soon as reasonably practicable.

SEC. 6. Coordination in Rendering Assistance. - The master of the ship

5 answering a distress signal shall, as far as possible, inform the ship in distress and the appropriate search and rescue service of the Philippine Coast Guard that his or her ship is proceeding with all possible speed to render assistance to the ship 8 in distress. In case of collision or other incidents of navigation, the ship rendering assistance to the other ship involved in the incident shall, as much as possible, also inform the appropriate search and rescue service of the Philippine Coast Guard of the incident and the status of the assistance being provided by it.

SEC. 7. Inability or Failure to Render Assistance. -

a) If the ship receiving the distress alert is unable, or in the special circumstances of the case, considers it unreasonable or unnecessary to proceed to their assistance, or the giving of assistance would cause serious danger to the ship, the crew or the passenger, the master must enter in the logbook the reason for failing to proceed to the assistance of the persons or ships in distress, and accordingly inform immediately the appropriate search and rescue service of the Philippine Coast Guard; b) The master of the ship shall be released from the obligation to render assistance provided in Section 5 of this Act upon compliance with the requirement of entering in the logbook the reason for the inability or failure to render assistance and informing the appropriate search and rescue service of the Philippine Coast Guard of his or her ship's inability or failure to render such assistance.

SEC. 8. Requisition. - The master of a ship in distress, the Philippine Coast

Guard, or the search and rescue service concerned, after consultation, so far as may be possible, with the master/s of the ship/s which answers the distress alert, has the right to requisition one or more of those ships as they consider best able to render assistance.

1 a) It shall be the duty of the master/s of the ship/s requisitioned to comply by continuing to proceed with all speed to the assistance of persons in distress in accordance with this Act; b) The master/s of a requisitioned ship/s shall be released from the obligation imposed by Section 5 of this Act upon learning that their ship or ships have not been requisitioned and that one or more ships have been requisitioned and are complying with the requisition. This decision shall, if possible, be communicated to the other requisitioned ships and to the concerned search and rescue service of the Philippine Coast Guard; c) The master of a ship shall be released from the obligation imposed under

Section 5 of this Act, and, if his or her ship has been requisitioned, from the

obligation imposed by Section 8(a) on being informed that assistance is no longer necessary by the person or persons in distress, the concerned search and rescue service of the Philippine Coast Guard, or the master of another ship which has reached such persons.

SEC. 9. Penalties. -

a) Failure to comply with any of the obligations provided in Sections 5 and 8(a) shall be punishable by a fine of not less than One Hundred Thousand Pesos (Php100,000.00) but not more than One Million Pesos (Php1,000,000.00), depending on the size of the vessel or ship as defined in the implementing rules and regulations of this Act. If the violator is the cause or part of the vessel or ship that caused the distress at sea, collision or any other incident of navigation, the fine shall not be less than One Million Pesos (Php1,000,000.00) but not more than Five Million Pesos (Php5,000,000.00), depending on the size of the vessel or ship to be defined in the implementing rules and regulations of this Act; b) If the failure to render assistance as provided in Sections 5 and 8(a) is committed within internal waters, archipelagic waters or territorial sea, an additional penalty of imprisonment of not less than six (6) months but not more than one (1) year shall be imposed solidarily on the shipowner, master, and/or their representative/s. If the violator is the cause or part of the ship that caused the distress at sea, collision or any other incident of navigation,

an additional penalty of imprisonment of not less than one (1) year and one (1) day but not more than two (2) years shall be imposed; c) Repeat offenders or violators shall be dealt with the maximum penalties provided herein; and 5 d) No foreign national shall be deported without the payment of the fines and/or service of sentence imposed by the court provided herein. The penalties provided herein is without prejudice to the disciplinary or 8 administrative proceedings that may be conducted against the master of the ship 9 or any other person in the service of the ship, leading to either the revocation or suspension of his or her license or certificate of competence, pursuant to relevant laws, rules and regulations.

SEC. 10. Jurisdiction and Venue. - The criminal action for failure to

render assistance as provided in Sections 5 and 8(a) in relation to Section 8 shall be instituted and tried in any of the following venues: a) The Regional Trial Court of the city or municipality nearest to the place or maritime zone where the crime was committed; b) The Regional Trial Court of the city or municipality which is the first port of entry of the ship under the command of a master or officer of the ship who committed the crime; or C) The Regional Trial Court of Manila.

SEC. 11. Implementing Rules and Regulations. - Within thirty (30)

days from the effectivity of this Act, the Philippine Coast Guard, in consultation with relevant government agencies and stakeholders, promulgate the necessary rules and regulations to effectively implement the provisions of this Act. Failure of the relevant government agencies to promulgate the IRR within the specified period shall subject the heads of these government agencies to administrative penalties under applicable civil service laws. Should the IRR contain provisions that are contrary to this Act, the heads of the government agencies responsible for such provision, when done in bad faith or with gross negligence, shall be held administratively liable.

SEC. 12. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 13. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

SEC. 14. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,