Marine casualty

investigation
By: Atty. Lissa Belle M. Villanueva

SCOPE
Purpose
Legal Bases
UNCLOS
RA 5173, RA 9993, RA 9295
BMI - Convening and Composition
Procedure
Decision
Appeal

Purpose of Marine Casualty

Investigation
Policy review
Liability allocation

LEGAL BASIS
(International law)

Article 94 : Duties of the flag State

7. Each State shall cause an inquiry to be held by or
before a suitably qualified person or persons into
every marine casualty or incident of navigation on the
high seas involving a ship flying its flag and causing
loss of life or serious injury to nationals of another
State or serious damage to ships or installations of
another State or to the marine environment. The flag
State and the other State shall co-operate in the
conduct of any inquiry held by that other State into
any such marine casualty or incident of navigation.

LEGAL BASIS
(philippine laws)

Republic Act No. 5173 An Act Creating the

PCG, Prescribing Its Powers And Functions
Section 3. Specific Functions. The Philippine
Coast Guard shall perform the following functions :
xxx
(f)
To investigate marine casualties and disasters
including those arising from marine protests filed
with the Bureau of Customs relative to the liability of
shipowners and officers;

LEGAL BASIS
(philippine laws)

Republic Act No. 5173

Section 4. Organization; Administration
xxx
The Marine Safety Division, including xxx the Marine
Board of Inquiry as existing in the Bureau of Customs,
and all other agencies or instrumentalities of the
Government presently performing any of the function
provided for in subparagraphs (c) to (n), inclusive of
Section three of this Act, are hereby transferred with their
personnel, records, files, supplies, equipment, furnitures,
funds and other properties to the Philippine Coast Guard
xxx

LEGAL BASIS
(philippine laws)

RA No. 9295 Domestic Shipping Development Act

of 2004
SEC. 10. Jurisdiction; Powers; and Duties of MARINA.
The MARINA shall have the power and authority to:
1.Register vessels;
3.
Modify, suspend or revoke at any time, upon
notice and hearing, any certificate, license or
accreditation it may have issued to any domestic ship
operator;

LEGAL BASIS
(philippine laws)

RA No. 9295
SEC. 10. Jurisdiction; Powers; and Duties of
MARINA:
6. Set safety standards for vessels in accordance
with applicable conventions and regulations;
13. Hear and adjudicate any complaint made in
writing involving any violation of this law or the rules
and regulations of the Authority;

LEGAL BASIS
(philippine laws)

RA No. 9295
SEC. 10. Jurisdiction; Powers; and Duties of
MARINA:
16. Upon notice and hearing, impose such fines,
suspend or revoke certificates of public convenience
or other license issued, or otherwise penalize any
ship operator, shipper or group of shippers found
violating the provisions of this Act; and

LEGAL BASIS
(philippine laws)

RA No. 9993 Philippine Coast Guard Law of 2009

Section 3. - Powers and Functions. The PCG shall
have the following powers and functions:
xxx
(j) To investigate and inquire into the causes of all
maritime accidents involving death, casualties and
damage to properties;

RESPONSIBILITY IN CASE OF
MARITIME INCIDENTS
(PMMRR of 1976)

master of the vessel involved in an incident:

shall immediately notify the nearest PCG unit
giving the following information:

name of the vessel;

location of the incident;
weather condition;
type of incident; and
other information necessary for immediate
response operations

REPORTING OF MARITIME
INCIDENT
any person who comes across any maritime
incident: shall immediately inform the PCG,
as much as possible, of the following:

his/her identity
Name of vessel(s) involved
location of the incident
type of incident
other information necessary for immediate
response

BOARD OF MARINE INQUIRY

CONVENING, COMPOSITION

Commandant, PCG recommends Board

members, Secretary, DOTC appoints them
Normally for a term of 2 years
One Coast Guard line officer, one law
member, 2 master mariners, one chief
engineer

SPECIAL BOARD OF MARINE

INQUIRY
CONVENING, COMPOSITION

District Commander shall convene the

Special Board of Marine Inquiry if maritime
incident occurs within his area of
responsibility (AOR)
One Coast Guard line officer, 1 master mariner,
one chief engineer

PROCEDURE TO BE OBSERVED

PROCEDURE TO BE OBSERVED
Parties are called on to present evidence,
testimonial and documentary
Board may propound questions
Resource persons may be called upon to
clarify any matter the Board may want to look
into
Strict rules of evidence are not followed

PROCEDURE TO BE OBSERVED
Board writes its Report which shall contain
findings, conclusions, recommendations
Commandant, PCG may approve, disregard
the Report or order further investigation;
Decision considered final if not appealed
within 30 days from receipt

PROCEDURE TO BE OBSERVED
Appeal is either through reconsideration with
the Commandant, Philippine Coast Guard or
appeal to the Secretary of the Department
File the notice of appeal together with
records on appeal;
Specify the portions of the Report that are
appealed and give justification;

PROCEDURE TO BE OBSERVED
Secretary, DOTC may determine his own
methods for reviewing the Decision of the
Commandant, PCG;
If not satisfied, the party may either go to
court or seek further redress with the Office
of the President;
President may determine own procedure for
review, court shall follow rules of court

Summary of Maritime Incidents

in the Philippines
Vessel Type
Motor Vessel/ 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 TOTAL
Motor Ship

Grounding

27

12

20

30

12

19

14

22

22

12

11

24

243

Sunk

10

79

Collision

58

Caught Fire

10

11

11

85

Capsized

16

38

Missing

13

14

13

13

15

28

130

Flooding

14

Rammed

30

Others

18

10

12

71

Drifted/Engine
Trouble

Summary of Maritime Incidents

in the Philippines
Fishing
Vessel/Fbca

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

TOTAL

Grounding

15

51

Sunk

19

16

11

111

Collision

18

44

Caught Fire

17

Capsized

10

16

13

57

38

10

30

212

Missing

29

10

16

69

17

11

19

13

77

Flooding

10

11

Rammed

12

Others

26

Drifted/Engine
Trouble

Summary of Maritime Incidents

in the Philippines
MT/ML/MY/ Mbca
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009
Barge/ Others

TOTAL

Grounding

16

13

23

12

12

140

Sunk

28

18

14

24

13

11

11

20

188

Collision

13

49

Caught Fire

40

Capsized

23

24

10

79

92

31

44

25

23

24

18

12

44

86

539

Missing

11

12

57

12

10

45

10

72

202

Flooding

Rammed

14

Others

36

12

13

81

Drifted/Engine
Trouble

Summary of Maritime Incidents

in the Philippines
RECAP:

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

TOTAL

Nr of Incident
Monitored/
Reported

181

119

58

208 263 151 168 152 255 227 122 114 110 219

361

2708

Nr of SAR
Missions

57

57

34

86

50

88

65

63

84

108

53

72

151

361

1548

121

82

48

161 223 177

59

73

74

144

25

62

54

416

49

1768

97

38

20

174 127 102

74

146 232

116

47

94

71

912

163

2413

Nr of Casualties /
Bodies
Recovered
Nr of Persons
Missing

Nr of Lives Saved
& Persons
Assisted
Nr of Vessels
Assisted

219

2050 1434 347 1399 3828 2771 1969 1178 2903 4893 2920 5121 2337 3742 13982

50874

181

2604

119

58

195 263 149 163 146

211 248 118 113

97

182

361

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