It is the act of the insured by which, after a constructive total

Abandonment loss, he declares the relinquishment to the insurer of his

interest in the thing insured.

Admiralty Or
Law of the sea or body of law applied to maritime cases.
Maritime Law

Is a public, utility, discharging the functions which are heavily

Arrastre
invested with public interest.

It is the arrival of the vessel at the nearest and most convenient

Arrival Under Stress port, if during the voyage the vessel cannot continue the trip to
the port of destination.

Is the act committed by the master or mariners of a ship for

Barratry some unlawful or fraudulent purpose contrary to their duty to
their owners, whereby the latter will sustain an injury.

Annual licenses authorizing vessels to engage in the fishing

Bay And River
business, towing or carrying merchandise or passengers in the
License
protected water area shall be issued by the marina.

It is a written acknowledgment, signed by the master of the

vessel, that he has received the goods therein described, from
Bill Of Lading the shipper, to be transported on the terms therein expressed,
to the described place of destination, and there to be delivered
to the consignee of parties therein designated.

Is a sort of circumvallation around a place by which all foreign

Blockade connection and correspondences is, as far as human power can
effect it, cut-off.

It being universally recognized that the master or captain is

Captain Or Master
primarily the representative of the owner.

Certificate Of Refers to a certificate issued by the marina as evidence of

Ownership permanent registration of a vessel.

It is the evidence of registration of a vessel of domestic

Certificate Of ownership, among others, vessels of more than 15 tons gross. It
Philippine Registry is a multipurpose document entitling a qualified vessel the right
to engage in the Philippine coast wise and foreign trade; entitles
the vessel to the protection of the authorities an the flag of the
 Philippines in all ports and on the high seas.

Is a contract between a charterer and the ship owner, in which

the former hires from the latter the use of the ship. A written
contract between the owner of a vessel and the person desiring
Charter Party
to employ the vessel (charterer); sets forth the terms of the
arrangement, such as duration of agreement, freight rate and
ports involved in the trip.

Is a person, corporations, firms, or associations engaged in the

business of carrying or transporting goods or persons or both,
Common Carrier
by land, water, or air, for compensation, offering their service to
the public.

Refers to all persons on board, from captain to cabin boy,

necessary for the management, maneuvers, and service, and
Compliments Of A
consequently, the complement includes the crew, the sailing
Ship
mates, engineers, strokers, and other employees on board not
having specific designations.

It is the non disclosure of material facts which is bound to

Concealment communicate, what is required, all information he possesses,
material to the risk, except such as mentioned in section thirty.

Constructive Total
Loss although not actually total, is of such a character that
Loss/ Technical
insured is entitled, to treat it as total by abandonment.
Total Loss

Refers to the aggregate of seamen who man a ship’s

Crew complement, exclusive of the master, or exclusive of the master
and all other officers.

A charge payable to the owner of a chartered ship in respect of

Demurrage
failure to load or discharge the ship within the time agreed.

I occurs when the charterer wishes to obtain to an additional

number of lay days because of the possibility of delay in loading
a vessel, a period during which he is entitled to keep the ship
Demurrage Days
waiting. These extra days are called “demurrage days, and
requires extra payment and in the nature of liquidated
damages.
 A ship or her cargo which is abandoned and deserted at sea by
those who were in charge of it without any hope of recovering
Derelict
(sine spe recuperandi) nor any intention of returning to it
(sine animo revertendi).

Damages that the shipper has to pay when he keeps the ship
beyond her lay days or the provision of demurrage beyond
period. Also referred to as demurrage. But in reality they are
Detention Damages
different because in demurrage there is no breach of contract
at all for the charterer has simply bargained for an option to
keep the vessel waiting for an additional period.

Any unnecessary or unexcused departure from the usual or

Deviation
general mode of carrying on the voyage insured.

Means ownership vested in citizens of the Philippines or

corporations or associations organized under the laws of the
Philippines wherein at least sixty per centum of the capital
Domestic
stocks or capital is wholly owned by citizens of the Philippines,
Ownership
and, in the case of corporations or associations which will
engage in the coast wise trade the president or managing
directors thereof shall be such citizens.

Results from a proclamation or order of a state, usually issued in

time of war or threatened hostilities, prohibiting the departure
Embargo
of ships or goods from some or all the ports of such state until
further order.

Expressum Facit An implied covenant in a deed is in all cases controlled by an

Cessare express covenant.

Flag Of Refers to registering a ship in a sovereign state different from

Convenience (FOC) that of the ship's owners.

Generally, applies broadly speaking to natural accident, such as

Force Majure those caused by lightning, earthquake, tempest and public
enemy.

Signifies all the benefits derived by the owner either from the
Freightage chartering of the ship or its employment for the carriage of his
own goods or those of others.
 It includes all the damages and expenses which are deliberately
General Or Gross
caused in order to save the vessel, its cargo, or both at the same
Average
time, from a real and known risk.

The port where the principal office of the owner or operator is

Home Port
located and/or at the terminal port of the vessel.

Defined as the general agent of the owner in relation to the

ship, with powers, among others, to engage the vessel for
Husbanding Ship
general freight and the usual conditions and settle for freight
and adjust averages with the merchant.

The owner of a ship has in all cases insurable interest in it, even
Insurable Interest if it has been chartered by one who covenants to pay him its
value in case of loss.

Interdiction Of Is a governmental prohibition of commercial relations, intended

Commerce to bring about an entire cessation for the time being of all trade.

Interest Policy Is one in which the insured has a substantial interest.

Inter-Island Vessel Relating to, involving, or connecting two or more islands

Agreement among states that are parties to it to observe and

International
enforce common set of principles on a particular subject or
Convention
issue.

The number of days permitted for the loading or unloading of a

Lay Days
ship .

Is the right to be subrogated, upon the same terms and

conditions stipulated in the contract, in the place of one who
Legal Redemption acquires a thing by purchaser or dation in payment, or by any
other transaction whereby ownership is transmitted by onerous
title.

Complaint or pleading in a suit, corresponding to the complaint

Libel In Admiralty
in an ordinary action. Libellant is the complainant, libellee is the
Law
defendant in an admiralty suit.

Those who, in order to save persons, shall have been exposed to

Life Salvors the same dangers shall also have a right to participation in the
reward.
 Also called the “no vessel, no liability doctrine,” It provides that
liability of ship owner is limited to ship owner’s interest over the
Limited Liability
vessel. Consequently, in case of loss, the ship owner’s liability is
Doctrine
also extinguished. Limited liability likewise extends to ship’s
appurtenances, equipment, freightage, and insurance proceeds.

Generally, a stipulation that the common carrier’s liability is

Limited Liability
limited to the value of the goods appearing in the bill of lading,
Stipulations
unless the owner declares a greater value, is valid and binding.

Is a contract in the nature of a mortgage of a ship on which the

owner borrows money to enable him to fit out the ship, to to
Loan On Bottomry purchase cargo for a voyage proposed; and he pledges the keel
or bottom of the ship, par pro-toto (“a part for the whole”)as a
security for repayment .

Loan made on the goods laden on board, the ship and which are
Loan On to be sold or exchanged in the course of the voyage, the
Respondentia borrower’s personal responsibility is deemed the principal
security for the performance of the contract.

One who is vested with the exclusive authority over the: The
registration and documentation of Philippine vessels; the
issuance of all certificates, licenses and other documents
MARINA necessary or incident to such registration and documentation;
and the approval of any contracts or transactions which directly
or indirectly affect the title of registered vessels such as sale,
mortgages, and charter.

A privileged claim or charge upon a ship which claim or lien

Maritime Lien travels with that ship secretively and unconditionally and may
be enforced by action in rem.

Mortgagee The person who extends credit secured by a mortgage

The person who borrows money secured by conceding a

Mortgagor
mortgage against his interest

Ocean-Going vessel designed for travelling across large areas of ocean

Is one in which the parties have stated no sum as the value of

Open Policy
the interest.
 Open Registry A ship register that allows registration of foreign-owned ships.

Is a stipulation giving power to the creditor to appropriate thing

Pactum given as guaranty for the fulfillment of the obligation in the
Commissorium event the debtor fails to live up to his undertakings without
further formality such as foreclosure proceedings and a public
sale.

Is the liability attaching to a marine insurance police in respect

Particular Average of damage or partial loss accidentally and immediately caused
Loss by some of the perils insured against, to some particular
interest.

A loss which, in the ordinary course of events, results from the

Peril Of The Ship natural and inevitable action of the sea, from ordinary wear and
tear of the ship.

Is defined as referring only to the fortuitous accidents or

Perils Of The Sea casualties of the seas and not to the ordinary action of the
winds and waves.

State responsibility is linked to the flag of a ship which is based

Philippine Flag And
on where the ship is registered which determines the flag flown
State Responsibility
and not on the individual owner’s nationality.

Shall include, in addition to a preferred mortgage made

pursuant to the provisions of this decree, any mortgage,
hypothecation, or similar charge created as security upon any
documented foreign vessel if such mortgage, hypothecation, or
Preferred Mortgage similar charge has been duly and validly executed in accordance
with the laws of the foreign nation under the laws of which the
vessel is documented and has been duly registered in
accordance with such laws in a public register either at the port
of registry of the vessel or at a central office.

A small allowance of compensation payable to the master and

mariners of a ship or vessel, to the former for the use of his
Primage
cables and ropes to discharge the goods of the merchant, to the
latter for loading and unloading in any port or haven.

Principle Of “No Without the salvage property, there can be no salvage; without
Cure, No Pay” success there can be no reward.
 Pro Tanto It is a partial payment made on delay.

It is a form of insurance against third party liability. It is an

association composed of shipowners in general who band
Protection And
together for the specific purpose of providing insurance over on
Indemnity (P&I)
a mutual basis against liabilities incidental to ship owning that
the members incur in favor of third parties.

Refers to a document issued by Philippine consular office to a

Provisional vessel overseas. The vessel constructed and acquired abroad
Certificate Of shall, before being brought to the Philippines, secure a
Philippine Registry provisional certificate of Philippine registry which shall be filed
with marina together with the required documents.

Real And
Liability of agent or shipowner in connection with maritime
Hypothecary
contracts is confined or limited to the res.
Nature

Register Of Commercial registry of vessels which shall be maintained by

Philippine Vessels marina.

Right Of It occurs before the execution of the sale and the action is
Pre-Emption against the seller.

Right Of It occurs after the sale is made and the action is against the
Redemption purchaser.

A service which one person renders to the owner of a ship or

goods by his own labor preserving the goods or ship which the
Salvage owner or those entrusted with the care of them have either
abandoned in distress at sea or are unable to protect and
secure.

Is a person whose occupation is to assist in the management of

Seaman vessel at sea. A person serving in any capacity on board a vessel
or civil aircraft.

Occurs when the ship is reasonably fit to carry the passenger or

Seaworthy Vessel
cargo which she has undertaken to transport.

Is always referred to as she because it costs so much to keep

Ship
one in paint and powder.
 The word naviero, which is the Spanish term used for ship
agent, must be understood to refer to the person undertaking
Ship Agent
the voyage, who, in one case, may be the owner and in another
the charterer.

A ship which has received injuries rendering them incapable of

Shipwreck
navigation.

A charter where the shipper or cargo is concerned only with the

Simple Charter transport of his goods, is usually not desirous to concern himself
with the management of the ship.

It includes all the expenses and damages caused to the vessel or

Simple Or Particular
to her cargo which have not inured to the common benefit and
Averages
profit of all the persons interested in the vessel and her cargo.

Suit against a vessel to satisfy debts arising from the operation

Suit in Rem
or use of that vessel.

Is an agent of the owner of goods shipped as cargo on a vessel,

who has charge of the cargo on board, sells the same to the
Supercargoes best advantage in the foreign market, buys a cargo to be
brought back on the return voyage of the ship, and comes home
with it.

Terminus Ad Quem The point at which something ends or finishes.

Vessel is leased for a specific period of time; owner’s people

continue to navigate and manage the vessel, but her carrying
capacity is taken by the charterer for a fixed time, for the
carriage of goods to anywhere within stipulated geographic
Time Charter limits; vessel is therefore under the charterers orders as to ports
touched, cargo loaded and other business matters; used where
the charterer’s affairs make it desirable for him to have the
tonnage under his control for a period of time , without
undertaking.

Time Policy A policy which limits the risks to a specified period of time.

Is an agreement whereby one side the tug owner agrees to

Towage Contract
provide a towing service to the other the shipowner.

Value Policy Is one in which the parties have agreed on the value of the
 subject matter of the insurance.

It includes every sort of boat, craft or other artificial contrivance

Vessel used or capable of being used as a means of water
transportation.

Vessels When the mercantile law speak of vessels, they refer solely and
Contemplated In exclusively to merchant ships, as they do not include warships;
Maritime they almost always refer to craft which are not accessory to
Commerce another, as in this case of launches and lifeboats.

Occurs when the charterer hires the vessel for a single voyage;
vessel manned and navigated by the owner; adaptable to any
Voyage Charter
commercial situation the object of which is the moving of a
shipload of cargo from one point to another.

Voyage Policy Is one which covers loss on a trip between designated termini.

Wager Policy Is one which the insured has no interest.

Workmen’s Is applicable to employees engaged in the coastwise and

Compensation Act inter-island trade.