Maritime Law - the system of laws which particularly relates to the affairs and
business of the sea, to ships, their crews and navigation, and to marine
conveyance of persons and property.
Primary Law - Civil Code Provisions on Common Carriers
Suppletory Laws:
1. Code of Commerce [Book III]
2. CA 65 - COGSA [Carriage of Goods by Sea Act]
3. PD 474 – Maritime Industry Decree of 1974
4. RA 1937 – Tariff and Customs Code
5. Act 2616 – Salvage Law
6. PD1521 Ship Mortgage Decree of 1978
Governing Body in Marine Transportation - MARINA [Maritime Industry
Authority]
General Functions of the MARINA:
1. Issue Certificates of Public Convenience for the operation of domestic and
overseas water carriers
2. Register and issue certificates, licenses, or documents necessary or
incident thereto
Vessels
How ownership of MERCHANT VESSELS may be acquired [Art. 573]:
1. By any means recognized by law [Art. 712 Civil Code]:
2. By law [sale or dacion en pago]
3. By donation
4. By testate or intestate succession
5. In consequence of certain contracts
6. By tradition
By prescription:
1. 3 years – if possession thereof was in good faith with just title duly
recorded, or
2. 10 years – in the absence of above requisites
What kind of property is a vessel?
1. PERSONAL or MOVABLE
2. BUT – the
a. ownership thereof must be evidenced by a certificate of
ownership, and
b. transfer thereof must be registered in the proper registry [to bind
3rd persons] (Art. 585)
Requisites for Legal Acquisition of a Merchant Vessel [Art. 573]:
1. The mode of transfer must appear in a written instrument
2. It must be recorded in the registry or vessels to bind 3rd persons:
a. Under EO 125 – transaction must be registered with MARINA
b. But, this is also being conducted by the PPA (Philippine Port
Authority)
Persons Who Take Part in Marine Commerce[Art. 586-651]
1. Ship Owner – the owner of the vessel
2. Ship Agent – the person:
a. entrusted with provisioning of the vessel, or
b. who represents the vessel in the port where she happens to be
3. Captain or Master – the one who governs the vessel
4. Sailing Mate – the second chief of the vessel
5. Second Mate – the one who takes command of the vessel in case of
disability or disqualification of captain or sailing mate
6. Crew or Sailors – the persons who man the vessel and those who perform
other duties
Captain or Master of a Vessel Distinctions:
1. Captain - one who governs vessels:
a. that navigate the high seas, or
b. of large dimensions and importance [although engaged in
coastwise trade]
2. Master - one who commands smaller ships engaged exclusively in the
coastwise trade
Note: For purposes of Maritime Commerce, ―captain and ―master have the
same meaning, both being the chiefs and commanders of vessels
Qualifications under Art 609 of the Code of Commerce
1. Filipino
2. Legal capacity to bind himself
3. Proof that they have skill, capacity, and qualification required to
command and direct a vessel as established by:
a. marine laws, ordinances or regulations
b. those of navigation
4. Not disqualified according to the same for the discharge of the duties of
that position
General Functions of a Captain
1. General agent of the ship owner
2. Technical director of the vessel
3. Representative of the government in the country under whose flag he
navigates
Obligations of the Captain if Repair and Maintenance of Vessel (contract to
one or more obligations) is required during the voyage [583]
1. He shall apply to:
a. If in RP territory – the judge or the courts or
b. If outside RP territory :
i. Filipino Consul
ii. Judge or Court of the Local Authority, if no consul is
available
2. He must present to:
a. Certificate or registry of the vessel
b. Instruments proving the obligation contracted
PROHIBITED ACTS (613, 614, 615, 617, 621)
Books to be Carried by the Captain on Board the Vessel Art. 612[3]
1. LOGBOOK - where he shall enter everyday everything significant
about the voyage
2. ACCOUNTING BOOK - where he shall enter all the amounts
collected and paid for the account of the vessel
3. FREIGHT BOOK– where he shall record the entry and exit of goods
What is the probative value of the entries in the logbook?
It is an official record of entries made by a person in the performance of a duty
required by law and are prima facie evidence of the facts stated therein
Duration of Responsibility of Captain for Cargo on Board his Vessel [Art. 619]
1. FROM – the time it is turned over to him at the dock or afloat alongside
the vessel at the port of loading
2. UNTIL – he delivers it on the shore or on the discharging wharf at the port
of unloading
3. UNLESS –otherwise expressly agreed upon
NOTE: Compare to Art. 1736 Civil Code
Article 1736. The extraordinary responsibility of the common carrier lasts from the
time the goods are unconditionally placed in the possession of, and received by
the carrier for transportation until the same are delivered, actually or
constructively, by the carrier to the consignee, or to the person who has a right to
receive them, without prejudice to the provisions of article 1738.
Definition of Maritime Protest [BAR]
• It is a written statement under oath
• Made by the captain or master of the vessel
• After the occurrence of an accident or disaster
• In which the vessel or cargo is lost or injured
• With respect to circumstances attending such occurrence
Purpose of a Maritime Protest - It is usually intended to show:
1. That the loss or damage resulted from:
a. a peril of the sea, or
b. some other cause for which neither the master or owner was
responsible
2. It concludes with the protestation against any liability of the owner
for such loss or damage
Doctrine of Limited Liability[Art. 586-590]
When Ship owner or Ship Agent shall be Civilly Liable [Art. 586]
1. Art. 586:
a. For the acts of the CAPTAIN, and
b. For the obligations contracted by the CAPTAIN to repair, equip, and
provision the vessel [provided the creditor proves that the amount
claimed was invested for the benefit of the vessel]
2. Art. 587 - For the indemnities in favor of 3rd persons which arise from the
conduct of the CAPTAIN in the care of the goods which the vessel carried
Powers and Duties of a Ship Agent:
1. Represent the ownership of the vessel and may, in his own name and in
such capacity, take judicial and extrajudicial steps in matters relating to
commerce (595.2)
2. Occupy the duties of the captain, if he has the qualification of a captain
(596.1)
3. Select and come into agreement with the captain and contract in the
name of owners who shall be bound in all that refers to repairs, details of
equipment, armament, provisions, fuel, freight, and in general that pertains
to the requirement of navigation (597)
4. Indemnify the captain for all the expenses he may have incurred from his
own funds or from those of other persons for the benefit of the vessel (602)
NOTE: Ship owner, agent and captain can be one and the same persons (595,
596, 606)
