Collisions

Article 826 – Article 832

Marc Alfred Garcia

November 11, 2017
Definition

 An impact or sudden contact of a moving body with an obstruction in its line

of motion, whether both are in motion or one stationary
 Collision per se includes allusion for purposes of the Code of Commerce
 ALLISION - the striking of a moving vessel against one that is stationary.
Zones in Collision

1. Time up to the moment when the risk of collision may be said to have begun
2. Time between the moment the risk of collision begins and the moment
when it has become practical certainty
3. Time of actual contact (A. Urrutia & Co. v Baco River Plantation Co. 2013)
 if a vessel, having a right of way, suddenly changes its course during the third
zone, in an effort to avoid an imminent collision due to the fault of another
vessel, such act may be said to be done in extremis, and even if wrong,
cannot create responsibility on the part of said vessel with the right of
way
 defense of diligence in the selection of employees not available to ship
owner in maritime tort
Error in Extremis

where a navigator, suddenly realizing that a collision is imminent by no fault of

his own, in confusion and excitement of the moment, does something which
contributes to the collision or omits to do something by which the collision might
be avoided, such act or omission is ordinarily considered to be in extremis and
the ordinary rules of strict accountability does not apply.
Applicable Law

 Liability for negligence – Article 2176, NCC

 Art. 2176. Whoever by act or omission causes damage to another, there being
fault or negligence, is obliged to pay for the damage done. Such fault or
negligence, if there is no pre-existing contractual relation between the parties,
is called a quasi-delict and is governed by the provisions of this Chapter.
(1902a)

 Liability of ship-owners and ship agents as

well as captain or crew in collision
 Governed by Code of Commerce (NDC vs CA, 164 SCRA 593)
International Agreement

 International regulations for Preventing Collisions at Sea (COLREGS)

formulated by International Maritime Organizations (IMO) previously known as
Intergovernmental Maritime Consultative Organization
 Rule 7 (Risk of collision)
 (a) Every vessel shall use all available means appropriate to the prevailing
circumstances and conditions to determine if risk of collision exists. If there is any
doubt such risk shall be deemed to exist.
All available means which could be used to
determine risk of collision on board are:

1. observing compass bearing of approaching vessel,

2. observing relative bearing of approaching vessel,
3. observing bearing and range of approaching vessel using radar,
4. observing data plotted by ARPA radar (CPA and TCPA).
Rule 8 (Action to avoid a collision)

1. Any action taken to avoid collision shall be taken with due regard to the
observance of good seamanship.
2. Any alteration of course and/or speed to avoid collision shall be large enough to be
readily apparent to another vessel observing visually or by radar; a succession of
small alterations of course and/or speed should be avoided.
3. avoid a close-quarters situation
4. Action taken to avoid a collision shall shall be at a safe distance.
5. a vessel shall slacken her speed or take all way off by stopping or reversing her
means of propulsion.
Rules on Liability

 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.
Is contributory negligence and last clear chance
applicable in collision cases?

No. Because of the provisions of Art. 827, under which,

the evidence disclosing that both vessels are blameworthy, the
owners of neither can successfully maintain an action against
the other for the loss of or injury to his vessels. The
Government of the Phil Islands v Phil Steamship Co. Inc. GR
18957
Cases Covered By Collision and Allision

 ARTICLE 826. If a vessel should collide with another, through or 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.
One vessel at fault - Art 826

 Vessel at fault is liable for damage caused to innocent vessel as well as damages
suffered by the owners of cargo of both vessels. (Art. 826)
 City of Manila vs The Atlantic Gulf and Pacific Co GR 4510, December 19 1908
 Lack of rudder which deprived the captain of the control to the vessels own movement

 The Marine Trading Co Inc. vs The Gov’t of the Phil

Islands GR 56294 1991
 Collision between vessel Active and vessel Bohol
 Negligence was vested solely on part of vessel Bohol

 Smith bell and Co Inc. (Phil) vs CA

 Collision between MV Don Carlos and MS Yota Aru
MV Don Carlos was declared solely at fault
 ARTICLE 827. 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.
Both vessels at fault – Art 827

 Each vessel must bear its own loss, but the shippers of both vessels may go
against the ship-owners who will be solidarity liable. (Art. 827)
 Gov’t of the Phil Islands vs Phil Steamship Co. Inc GR 18957 January 1923
 Only the owner of one vessel was made liable for the loss of the cargoes belonging
to the government
 One vessel was totally lost and therefore subject to limited liability doctrine
When party at fault cannot be
determined – Art 828
 Each vessel must bear its own loss, but the shippers of both vessels may go
against the ship-owners who will be solidarily liable. (Art. 828)
 Doctrine of Inscrutable Fault – In case of collision where it cannot be
determined which between the two vessels was at fault, both vessels bear
their respective damage, but both should be solidarily liable for damage
to the cargo of both vessels.
 ARTICLE 830. If a vessel should collide with another, through fortuitous
event or force majeure, each vessel and its cargo shall bear its own damages.
 ARTICLE 832. If by reason of a storm or other cause of force majeure,
a vessel which is properly anchored and moored should collide with those
nearby, causing them damages, the injury occasioned shall be considered
as particular average of the vessel run into.
When cause is fortuitous event or force
majeure – Art 832
 No liability. Each bears its own loss. (Art. 830)
 The doctrine of res ipsa loquitur applies in case a moving vessel strikes a
stationary object, such as a bridge post, dock, or navigational aid. (Far
Eastern Shipping v. CA, Luzon Stevedoring vs. CA)
Third person at fault – Article 831

 The third vessel will be liable for losses and damages. (Art. 831)
 ARTICLE 831. 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 port - Article 833

 ARTICLE 833. 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

 ARTICLE 834. 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.
Extend of liability Article 838

 ARTICLE 838. 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 preference.
 Rule of limited liability – in case of collisions, the liability of the vessel owner
is limited to the value of the vessel and the freightage earned during
the voyage; consequently, his property, other than such vessel and freightage
earned during the voyage cannot be made to answer for his liability arising
from collision with other vessels.
Collision in foreign waters Art. 839

 ARTICLE 839. 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.
Mandatory requirement for protest – Art
835 and 836
ARTICLE 835. The action for the recovery of losses and damages arising from
collisions cannot be admitted if a protest or declaration is not presented
within twenty-four 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.
MARITIME PROTEST

 Condition precedent or prerequisite to recovery of damages arising from

collisions and other maritime accidents.
 It is a written statement made under oath by the captain of a vessel
after the occurrence of an accident or disaster in which the vessel or cargo is
lost or damaged, with respect to the circumstances attending such
occurrence, for the purpose of recovering losses and damages.
 Excuses for not filing protest:
 1) where the interested person is not on board the vessel; and
 2) on collision time, need not be protested. (Art. 836)
MARITIME PROTEST

 Cases applicable:
1. Collision (Art. 835);
2. Arrival under stress (Art. 612(8));
3. Shipwrecks (Arts. 612(15), 843);
4. Where the vessel has gone through a hurricane or when the captain believes
that the cargo has suffered damages or averages (Art. 624).
 Who makes: Captain
 When made: within 24 hours from the time the collision took place.
 Before whom made: competent authority at the point of collision or at the
first port of arrival, if in the Philippines and to the Philippine consul, if the
collision took place abroad. (Art. 835)
Limited Liability rule A 837

 ARTICLE 837. The civil liability incurred by the ship-owners in the case
prescribed in this section, shall be understood as limited to the value of the
vessel with all its appurtenances and freightage earned during the
voyage.
When is Article 837 Applicable?

 In case of illegal or tortious acts of the captain the liability of the ship owner
and agent is subsidiary. In such instance the ship owner or agent may avail
of the provisions of Article 837 of the Code by abandoning the vessel.
However, if the injury or damage is caused by the shipowner's fault as
where he engages the services of an inexperienced and unlicensed
captain or engineer, he cannot avail of the provisions of Article 837 of the
Code by abandoning the vessel. He is personally liable for the damages
arising thereby. (Luzon Stevedoring v. CA)
 in case of collision there should be such abandonment to enjoy such
limited liability, said article on collision of vessels is a mere amplification of
the provisions of Articles 587 and 590 of same code where abandonment of
the vessel is a pre-condition.
 ARTICLE 838. 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 preference.
 Rule of limited liability – in case of collisions, the liability of the vessel owner
is limited to the value of the vessel and the freightage earned during
the voyage; consequently, his property, other than such vessel and freightage
earned during the voyage cannot be made to answer for his liability arising
from collision with other vessels.
collision should take place between Philippine vessels
in foreign waters

 ARTICLE 839. 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.
Thank You!