CHAPTER 17- COLLISION

Collision – an impact or sudden contact of a moving body with an

obstruction in its line of motion, whether both bodies are in motion
or one stationary and the other, in motion.

Allision – refers to the contact of one moving and the other

stationary
The Code of Commerce includes collision per se and allision.
It is not necessary for one to be liable for his vessel to have hit
another. A shipowner or ship agent may be made liable even if his
vessel forced a vessel to hit another.
TIMES OR ZONES IN COLLISION:

• Covers all the time up to the moment when the risk of collision may be
said to have begun. Here, no rule is applicable because none is
necessary. Each vessel free to direct its course as it deems best without
reference to the movements of the other vessel.

• Covers the time between the moment when the risk of collision begins
and the moment when it has become a practical certainty. The burden is
on the vessel required to keep away and avoid the danger.

• Covers the time of actual contact. This is where errors in extemis occur
and the rule is that the vessel which has forced the privileged vessel into
danger is responsible even if the privileged vessel has committed an
error within that zone.
ERROR IN EXTREMIS:

The sudden movement made by a faultless vessel during the third zone of
collision with another vessel which is at fault under the second zone. Even if
sudden movement is wrong, no responsibility will fall on the faultless vessel.
* If it was during the time when the sail vessel was passing through the
third zone that it changed its course to port in order to avoid, if
possible, the collision, the act may be said to have been done in
extremis, and, even if wrong, the sailing vessel is not responsible for
the result.
• APPLICABLE LAW: The Code of Commerce on Collision.

Note: Collision falls among matters not specifically regulated by the Civil
Code

• COLREGS: International Regulations for Preventing Collisions at Sea is

the existing international agreement with respect to collisions in high
seas and waters connected to high seas navigable by seagoing vessels.
Formulated by the IMO (International Maritime organizations)
Rules being used by most of our trading partners although Philippines
have not yet acceded to COLREGS.
 RULES OF LIABILITY:
- Not governed by quasi-delict
. - Liability in collision is negligence-based
- Wrong-doer is both civilly and criminally liable

Article 829. In the cases above mentioned the civil action of the
owner against the person causing the injury as well as the criminal
liabilities, which may be proper, are reserved.

Test to determine negligence; What would a reasonable man with the

same expertise have done given the same circumstances? It is still relevant
to determine if the collision is sufficiently foreseeable such that a
reasonable man with the same expertise could have avoided the impact.

Note: Contributory negligence and last clear chance is not applicable in collision.
SPECIFIC RULES UNDER THE CODE OF COMMERCE:

• When one vessel is at fault:

Art. 826 provides that. if a vessel should collide with another, through
the fault, negligence , or lack of skill of the captain, sailing mate , or
any other member of the complement , the owner of the vessel at fault
shall indemnify the losses and damages suffered, after an expert
appraisal.

• When both vessels at fault:

Art. 827 provides that if the collision is imputable to both vessels, each one
shall suffer its own damages, and both shall be solidarily responsible for
the losses and damages occasioned to their cargoes.
• When party fault cannot be determined:

Art. 828 provides that each party shall also bear his own damage in cases in
which it cannot be determined which of the two vessels has caused the collision. They
are also solidarily responsible for the losses and damages occasioned to their cargoes.

CAUSE IS FORTUITOUS EVENT: If a vessel should collide with another, through fortuitous
event or force majeure, each vessel and its cargo shall bear its own damages.

Note: The burden of proof is heavily upon the party asserting the defense to affirmatively
establish that the accident could not have been prevented by the use of that
degree of reasonable care and attention which the situation demanded and that
there was no intervening act of negligence on its part.
THIRD PERSON AT FAULT:

Art. 831 of the Code provides that if a vessel should be forced by a third
vessel to collide with another, the owner of the third vessel shall
indemnify the losses and damages caused, the captain thereof being
civilly liable to said owner.

SINKING ON THE WAY TO PORT:

Art. 833 of the Code provides that a vessel which, upon being run into
sinks immediately, as well as that which, having been obliged to make a
port to repair the damages caused by the collision, is lost during the
voyage or is obliged to be stranded in order to be saved, shall be
presumed as lost by reason of collision.
PRESENCE OF PILOTS:

Art. 834 provides that if the vessels colliding with each other should have
pilots on board discharging their duties at the time of the collision, their
presence shall not exempt the captains from the liabilities they incur, but
the latter shall have the right to be indemnified by the pilots, without
prejudice to the criminal liability which the latter may incur.

EXTENT OF LIABILITY:

Art. 838 provides that when the value of the vessel and her appurtenances
should not be sufficient to cover all the liabilities, the indemnity due by
reason of the death or injury of persons shall have preferences.
COLLISION IN FOREIGN WATERS:

Art. 839 provides that if the collision should take place between
Philippine vessels in foreign waters, or if having taken place in the open
seas, and the vessels should make a foreign port, the Consul of the
Republic of the Philippines in said port shall hold a summary investigation
of the accident, forwarding the proceedings to the Secretary of the
Department of Foreign Affairs for continuation and conclusion.

PROTEST:

Art. 835 provides that the action for the recovery of losses and damages
arising from collisions cannot be admitted if a protest or declaration is
not presented within 24 hours before the competent authority of the
point where the collision took place, or that of the first port of arrival of
the vessel, if in Philippine territory, and to the consul of the Republic of
the Philippines if it occurred in a foreign country.
• Art. 835 does not apply to small boats engaged in river and bay traffic
and inland navigation. It applies only to ships and sea-going vessels.

Art. 836 provides that with respect to damages caused to persons or to the
cargo, the absence of protest may not prejudice the persons interested who
were not on board or were not in a condition to make known their wishes.

• EXCUSES IN THE NON-FILING OF THE PROTEST UNDER ART. 836:

The persons interested were not on board

The persons interested were not in a condition to make know their
wishes.
LIMITED LIABILITY RULE: The real and hypothecary nature of maritime
law limits the liability of the shipowner and ship agent to the value of the
vessel.

Art. 837 provides that the civil liability incurred by the shipowners In the
case prescribed in this section, shall be understood as limited to the
value of the vessel with all its oppurtenances and freightage earned
during the voyage.

DOCTRINE OF INSCRUTABLE FAULT: Neither of the carriers may go after

the other since it cannot be determined as to which vessel is at fault.
THE END