Professional Documents
Culture Documents
(10) Determine the impact which (16) Upon notice and hearing,
any new service shall have to the impose such fines, suspend or
locality it will serve; revoke certificates of public
convenience or other license
issued, or otherwise penalize any
ship operator, shipper or group of
(11) Adopt and enforce such rules shippers found violating the
and regulations which will ensure provisions of this Act; and
compliance by every domestic
ship operator with required safety
standards and other rules and
regulations on vessel safety; (17) Issue such rules and
regulations necessary to
implement the provisions of this
Act: Provided, That such rules and
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regulations cannot change or in to effectively discharge these
any way amend or be contrary to functions;
the intent and purposes of this
(g) Undertake the issuance of
Act.
licenses to qualified seamen and
harbor, bay and river pilots;
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4. By borrowing the amount atmosphere, the prevailing winds,
required by means of a loan on the courses taken, the rigging
bottomry. carried, the power of the engines
used in navigation, the distances
5. By selling a sufficient amount covered, the maneuvers
of the cargo to cover the sum executed, and other incidents of
absolutely indispensable for the navigation; he shall also enter the
repair of the vessel and to enable damage suffered by the vessel in
it to continue its voyage. cd In her hull, engines, rigging, and
these two last cases he must tackle, no matter what its cause
apply to the judicial authority of may be, as well as the
the port, if in the Philippines, and impairment and damage suffered
to the consul of the Republic of by cargo, and the effect and
the Philippines if in a foreign importance of the jettison, should
country, and where there is none, there be any; and in cases of
to the local authority, proceeding serious decisions which require
in accordance with the provisions the advice or a meeting of the
of Article 583, and with the officers of the vessel, or even of
provisions of the law of civil the crew and passengers, he shall
procedure. record the decisions adopted.
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rendered to the vessel up to the shortened to a nearer point, this
date of the revocation. shall not give rise to a reduction
in the wages agreed upon. If the
2. If the agreement should have revocation or change of the
been for a fixed amount for the voyage should come from the
whole voyage, that which may be shippers or charterers, the agent
due for said month and days shall shall have a right to demand of
be determined in proportion to them the indemnity which may
the approximate number of days be justly due.
the voyage should have lasted, in
the judgment of experts, in the ARTICLE 640. The following shall be
manner established in the law of just causes for the revocation of the
Civil Procedure; and if the voyage.
proposed voyage should be of 1. A declaration of war or
such short duration that it is interdiction of commerce with the
calculated at approximately one power to whose territory the
month, the indemnity shall be vessel was bound.
fixed for fifteen days, discounting 2. The blockade of the port of its
in all cases the sums advanced. destination, or the breaking out
of an epidemic after the
3. If the revocation should take agreement.
place after the vessel has put to 3. The prohibition to receive in
sea, the seamen engaged for a said port the goods which make
fixed amount for the voyage shall up the cargo of the vessel.
receive in full the salary which 4. The detention or embargo of
may have been offered them as if the same by order of the
the voyage had terminated; and government, or for any other
those engaged by the month reason independent of the will of
shall receive the amount the ship agent.
corresponding to the time they 5. The inability of the vessel to
might have been on board and to navigate. cdasia
the time they may require to
arrive at the port of destination, ARTICLE 641. If, after a voyage has
the captain being obliged, been begun, any of the first three
furthermore, to pay the seamen causes mentioned in the foregoing
in both cases, the passage to the article should occur, the sailors shall be
said port or to the port of sailing paid at the port which the captain may
of the vessel, as may be deem advisable to make for the benefit
convenient for them. of the vessel and cargo, according to
the time they may have served
4. If the ship agent or the thereon; but if the vessel is to continue
charterers of the vessel should its voyage, the captain and the crew
give it a destination different may mutually demand the enforcement
from that fixed in the agreement, of the contract. In case of the
and the members of the crew occurrence of the fourth cause, the
should not agree thereto, they crew shall continue to be paid half
shall be given by way of wages, if the agreement is by month;
indemnity half the amount fixed but if the detention should exceed
in case No. 1, besides what may three months, the contract shall be
be owed them for the part of the rescinded and the crew shall be paid
monthly wages corresponding to what they should have earned
the days which have elapsed according to the contract if the voyage
from the date of their had been concluded. And if the
agreements. If they accept the agreement should be for a fixed sum
change, and the voyage, on for the voyage, the contract must be
account of the greater distance complied within the terms agreed upon.
or of other reasons, should give In the fifth case, the crew shall have no
rise to an increase of wages, the other right than to collect the wages
latter shall be adjusted privately earned; but if the disability of the
or through amicable arbitrators in vessel should have been caused by the
case of disagreement. Even negligence or lack of skill of the
though the voyage should be captain, engineer, or sailing mate, they
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shall indemnify the crew for the force for all acts which are inseparable
damages suffered, always without from his authority and office.
prejudice to the criminal liability which
may be proper. ARTICLE 650. All the provisions
contained in the second section of Title
ARTICLE 643. If the vessel and her III, Book II, with regard to capacity,
cargo should be totally lost, by reason manner of making contracts, and
of capture or wreck, all rights shall be liabilities of factors, shall be applicable to
extinguished, both as regards the crew supercargoes.
to demand any wages whatsoever, and
as regards the ship agent to recover ARTICLE 651. Supercargoes may not,
the advances made. If a portion of the without special authorization or
vessel or of the cargo, or of both, agreement, make any transaction for
should be saved, the crew engaged on their own account during the voyage,
wages, including the captain, shall with the exception of the ventures which,
retain their rights on the salvage, so far in accordance with the custom of the
as they go, on the remainder of the port of destination, they are permitted to
vessel as well as on the amount of the do. Neither shall they be permitted to
freightage of the cargo saved; but invest in the return trip more than the
sailors who are engaged on shares shall profits from the ventures, unless there is
not have any right whatsoever on the an express authorization from the
salvage of the hull, but only on the principals.
portion of the freightage saved. If they
should have worked to recover the E. Complement of the Ship
remainder of the shipwrecked vessel ARTICLE 648. By the complement of a
they shall be given from the amount of vessel shall be understood all the
the salvage an award in proportion of persons on board, from the captain to
the efforts made and to the risks, the cabin boy, necessary for the
encountered in order to accomplish the management, maneuvers, and service,
salvage. and therefore, the complement shall
include the crew, the sailing mates,
ARTICLE 647. The officers and the engineers, stokers and other employees
crew of the vessel shall be free from all on board not having specific
obligations if they deem it proper, in designations; but it shall not include the
the following cases: 1. If, before passengers or the persons whom the
beginning the voyage, the captain vessel is transporting.
attempts to change it, or a naval war
with the power to which the vessel was LIMITED LIABILITY RULE
destined occurs. 2. If a disease should A. Abandonment
break out and be officially declared an ARTICLE 587. The ship agent shall also
epidemic in the port of destination. 3. If be civilly liable for the indemnities in
the vessel should change owner or favor of third persons which may arise
captain from the conduct of the captain in the
care of the goods which he loaded on the
D. Supercargoes vessel; but he may exempt himself
ARTICLE 649. Supercargoes shall therefrom by abandoning the vessel with
discharge on board the vessel the all her equipments and the freight it may
administrative duties which the ship have earned during the voyage.
agent or the shippers may have assigned
to them; they shall keep an account and B. When Applicable
record of their transactions in a book ARTICLE 587 (see above)
which shall have the same conditions ARTICLE 590. The co-owners of a vessel
and requisites as required for the shall be civilly liable in the proportion of
accounting book of the captain, and they their interests in the common fund, for
shall respect the latter in his capacity as the results of the acts of the captain,
chief of the vessel. cdtai referred to in Article 587. Each co-owner
may exempt himself from this liability by
The powers and responsibilities of the the abandonment, before a notary, of the
captain shall cease, when there is a part of the vessel belonging to him.
supercargo, with regard to that part of
the administration legitimately conferred ARTICLE 837. The civil liability incurred
upon the latter, but shall continue in by the shipowners in the case prescribed
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in this section, shall be understood as A. Averages
limited to the value of the vessel with all i. Definition
its appurtenances and freightage earned ii. Ordinary or Petty Expenses
during the voyage. iii. Simple or Particular Average
iv. General Average
ARTICLE 643. If the vessel and her 1. Requisites,
cargo should be totally lost, by reason of inclusions
capture or wreck, all rights shall be 2. Formalities
extinguished, both as regards the crew 3. Jettison
to demand any wages whatsoever, and 4. Jason Clause
as regards the ship agent to recover the B. Maritime Protest
advances made. i. When Proper
C. Collision
If a portion of the vessel or of the cargo, i. Doctrine of Inscrutable Fault
or of both, should be saved, the crew ii. Rules on Collision of Vessels
engaged on wages, including the iii. Doctrine of Error in Extrimis
captain, shall retain their rights on the D. Salvage Law (see page 277, Chavez)
salvage, so far as they go, on the
remainder of the vessel as well as on the V. SPECIAL CONTRACTS OF MARITIME
amount of the freightage of the cargo COMMERCE
saved; but sailors who are engaged on A. Charter Party
shares shall not have any right i. Kinds
whatsoever on the salvage of the hull, ii. Effects
but only on the portion of the freightage iii. Formal and Substantial
saved. If they should have worked to Requirements
recover the remainder of the iv. Right to Rescind
shipwrecked vessel they shall be given
from the amount of the salvage an award B. Bill of Lading
in proportion of the efforts made and to i. Definitions
the risks, encountered in order to ii. Functions or 3-fold character
accomplish the salvage. of BOL
iii. Kinds of BL
C. Exceptions iv. Period of Bringing a Claim
D. How Claims are Satisfied C. Loans on Bottomry and
Respondentia
IV. RISKS, DAMAGES, and ACCIDENTS in
MARITIME COMMERCE
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