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CHAPTER 18

ARRIVAL UNDER STRESS


AND SHIPWRECKS

SANTIAGO, MAUREEN MONLORE T.


JD 3
ARRIVAL UNDER STRESS

ARTICLE 819 OF THE CODE OF COMMERCE


IT IS THE ARRIVAL OF A VESSEL AT THE NEAREST AND MOST CONVENIENT PORT
WHICH WAS DECIDED UPON AFTER DETERMINING THAT THERE IS WELL-
FOUNDED FEAR OF SEIZURE, PRIVATEERS, OR PIRATES OR BY REASON OF ANY
ACCIDENT OF THE SEA DISABLING IT TO NAVIGATE.
HOW TO DETERMINE THE PROPRIETY
OF AN ARRIVAL UNDER STRESS

ARTICLE 819 OF THE CODE OF COMMERCE


1. THE CAPTAIN SHOULD DETERMINE DURING THE VOYAGE IF THERE IS WELL
FOUNDED FEAR OF SEIZURE, PRIVATEERS, AND OTHER VALID GROUNDS;

2. THE CAPTAIN SHALL THEN ASSEMBLE THE OFFICERS;


HOW TO DETERMINE THE PROPRIETY
OF AN ARRIVAL UNDER STRESS

3. THE CAPTAIN SHALL SUMMON THE PERSONS INTERESTED IN THE CARGO


WHO MAY BE PRESENT AND WHO MAY ATTEND BUT WITHOUT RIGHT TO VOTE;

4. THE OFFICERS SHALL DETERMINE AND AGREE IF THERE IS A WELL FOUNDED


REASON AFTER EXAMINING THE CIRCUMSTANCES. THE CAPTAIN SHALL HAVE THE
DECIDING VOTE;
HOW TO DETERMINE THE PROPRIETY
OF AN ARRIVAL UNDER STRESS

5. THE AGREEMENT SHALL BE DRAFTED AND THE PROPER MINUTES SHALL BE


SIGNED AND ENTERED IN THE LOG BOOK;

6. OBJECTIONS AND PROTESTS SHALL LIKEWISE BE ENTERED IN THE MINUTES.


WHEN IS ARRIVAL UNDER STRESS IMPROPER
ARTICLE 820 OF THE CODE OF
COMMERCE
1. LACK OF PROVISIONS IS DUE
TO THE NEGLIGENCE TO
CARRY ACCORDING TO
USAGE AND CUSTOMS
WHEN IS ARRIVAL UNDER STRESS IMPROPER

2. RISK OF ENEMY IS NOT WELL


KNOWN OR MANIFEST
WHEN IS ARRIVAL UNDER STRESS IMPROPER

3. DEFECT OF VESSEL IS DUE TO


IMPROPER REPAIR
WHEN IS ARRIVAL UNDER STRESS IMPROPER

4. MALICE, NEGLIGENCE,
LACK OF FORESIGHT OR
SKILL OF CAPTAIN
THE LAWFULNESS OF THE ARRIVAL UNDER STRESS
DETERMINES IF DAMAGES WILL BE SHOULDERED BY THE
SHIPOWNER AND THE SHIP AGENT.

EXTRAORDINARY DILIGENCE MUST BE EXERCISED.


WHO PAYS THE EXPENSES OR DAMAGES

IF ARRIVAL UNDER STRESS IS IF ARRIVAL UNDER STRESS IS


PROPER: NOT PROPER:
SHIP OWNER AND SHIP AGENT ARE EXPENSES OF THE ARRIVAL UNDER
STRESS AND FOR DAMAGES CAUSED
LIABLE FOR EXPENSES OF THE
TO THE CARGOES BY THE ARRIVAL
ARRIVAL UNDER STRESS UNDER STRESS

SHIP OWNER AND SHIP AGENT ARE


SOLIDARILY LIABLE
PROTEST
WHEN IS A PROTEST REQUIRED?
1. ARRIVAL UNDER STRESS; (ART. 612 [8])
2. SHIPWRECK; (ARTS. 601 [15], 843)
3. IF THE VESSEL HAS GONE THROUGH A
HURRICANE OR WHERE THE CAPTAIN
BELIEVES THAT THE CARGO HAS SUFFERED
DAMAGES OR AVERAGES; (ART. 642) AND
4. MARITIME COLLISION. (ART. 835)
PROTEST
WHO CAN FILE A MARITIME PROTEST?
1. IN CASE OF MARITIME COLLISION, THE PASSENGER OR OTHER PERSONS INTERESTED WHO
MAY BE ON BOARD THE VESSEL OR WHO WERE IN A CONDITION WHO CAN MAKE KNOWN
THEIR WISHES (ARTS. 835-836) OR THE CAPTAIN HIMSELF. (VERZOSA AND RUIZ V. LIM, G.R. NO.
20145, NOV. 15, 1923)
2. THE CAPTAIN IN CASES OF:
A. ARRIVAL UNDER STRESS
B. SHIPWRECK; OR
C. IF THE VESSEL HAS GONE THROUGH A HURRICANE OR WHERE THE CAPTAIN BELIEVES
THAT THE CARGO HAS SUFFERED DAMAGES OR AVERAGES.
PROTEST

PARAGRAPH 8 OF ARTICLE 612


WHEN MAKING A PORT IN DISTRESS, IT IS THE DUTY OF THE CAPTAIN TO:
• PRESENT HIMSELF TO THE MARITIME AUTHORITY IF IN THE PHILIPPINES OR
TO THE CONSUL OF THE REPUBLIC OF THE PHILIPPINES IF IN A FOREIGN
COUNTRY, BEFORE 24 HOURS HAVE ELAPSED;
* IN THE ABSENCE OF THE MARITIME AUTHORITY OR OF THE CONSUL, THE
DECLARATION MUST BE MADE BEFORE THE LOCAL AUTHORITY
PROTEST

• MAKE A STATEMENT OF THE NAME REGISTRY, AND PORT OF DEPARTURE OF


THE VESSEL, OF ITS CARGO, AND THE CAUSE OF ARRIVAL WHICH
DECLARATION SHALL BE VISED BY THE AUTHORITY OF THE CONSUL, IF AFTER
EXAMINING THE SAME IT IS FOUND TO BE ACCEPTABLE, GIVING THE CAPTAIN
THE PROPER CERTIFICATE PROVING HIS ARRIVAL IN DISTRESS AND THE
REASONS THEREFOR.
UNLOADING OF CARGOES TO MAKE REPAIRS

ARTICLE 822
IF IN ORDER TO MAKE REPAIRS TO THE VESSEL OR BECAUSE THERE IS DANGER THAT THE CARGO
MAY SUFFER DAMAGE, IT SHOULD BE NECESSARY TO UNLOAD, THE CAPTAIN MUST REQUEST
AUTHORIZATION FROM THE COMPETENT JUDGE OR COURT FOR THE REMOVAL, AND CARRY IT OUT
WITH THE KNOWLEDGE OF THE PERSON INTERESTED IN THE CARGO, OR HIS REPRESENTATIVE,
SHOULD THERE BE ANY.

IN A FOREIGN PORT, IT SHALL BE THE DUTY OF THE PHILIPPINE CONSUL, WHERE THERE IS ONE, TO
GIVE THE AUTHORIZATION.
WHO PAYS THE EXPENSES OR DAMAGES

CARGO MAY SUFFER


REPAIRS DAMAGE BOTH
SHIP AGENT OR SHIP OWNERS OF THE DIVIDED PROPORTIONATELY
OWNER MERCHANDISE FOR WHOSE BETWEEN THE VALUE OF THE
BENEFIT THE ACT WAS VESSEL AND THAT OF THE
PERFORMED CARGO
CUSTODY OF CARGO

ARTICLE 823
THE CUSTODY AND PRESERVATION OF THE CARGO WHICH HAS BEEN UNLOADED SHALL BE
INTRUSTED TO THE CAPTAIN, WHO SHALL BE RESPONSIBLE FOR THE SAME, EXCEPT IN CASES OF
FORCE MAJEURE.
ARTICLE 824
THE CAPTAIN MAY REQUEST THE SALE OF THE ALL OR PART OF THE CARGO
IN THE FOLLOWING CASES:
1. ENTIRE CARGO OR PART THEREOF SHOULD APPEAR TO BE DAMAGED; OR
2. THERE SHOULD BE IMMINENT DANGER OF ITS BEING DAMAGE
THE REQUEST SHALL BE MADE TO A COMPETENT JUDGE, COURT OR CONSUL.

THE PERSON TAKING COGNIZANCE OF THE MATTER SHALL AUTHORIZE THE SALE
AFTER EXAMINATION AND DECLARATION OF EXPERTS, ADVERTISEMENTS, AND
OTHER FORMALITIES REQUIRED BY THE CASE, AND AN ENTRY IN THE BOOK, IN
ACCORDANCE WITH THE PROVISIONS OF ARTICLE 624.
THE CAPTAIN SHALL, IN A PROPER CASE,
JUSTIFY THE LEGALITY OF HIS CONDUCT,
UNDER THE PENALTY OF ANSWERING TO
THE SHIPPER FOR THE PRICE OF THE
MERCHANDISE WOULD HAVE BROUGHT IF
THE HAD ARRIVED IN GOOD CONDITION
AT THE PORT OF DESTINATION.
LIABILITY OF CAPTAIN

ARTICLE 825
THE CAPTAIN SHALL BE RESPONSIBLE FOR:
1. DAMAGES CAUSED BY HIS DELAY, IF AFTER THE CAUSE OF THE ARRIVAL UNDER
STRESS HAS CEASED, HE SHOULD BOT CONTINUE THE VOYAGE
2. IF THE CAUSE OF THE ARRIVAL SHOULD HAVE BEEN THE FEAR OF ENEMIES,
PRIVATEERS, OR PIRATES, A DELIBERATION AND RESOLUTION IN A MEETING OF THE
OFFICERS OF THE VESSEL AND PERSONS INTERESTED IN THE CARGO WHO MAY BE
PRESENT, IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN ARTICLE 819,
SHALL PRECEDE THE DEPARTURE.
SHIPWRECKS

SHIPWRECK HAS BEEN DEFINED AS


THE DEMOLITION OR SHATTERING
OF A VESSEL CAUSED BY HER
DRIVING ASHORE OR ON ROCKS
AND SHOALS IN THE MIDSEAS, OR
BY THE VIOLENCE OF THE WINDS
AND WAVES IN TEMPESTS.
CODE OF COMMERCE PROVISIONS

ARTICLE 840
THE LOSSES AND DETERIORATIONS SUFFERED BY A VESSEL AND HER CARGO BY REASON OF
SHIPWRECK OR STRANDING SHALL BE INDIVIDUALLY FOR THE ACCOUNT OF THE OWNERS,
THE PART OF WHICH MAY BE SAVED BELONGING TO THEM IN THE SAME PROPORTION.
CODE OF COMMERCE PROVISIONS

ARTICLE 841
IF THE WRECK OR STRANDING SHOULD BE CAUSED BY THE MALICE, NEGLIGENCE, OR LACK OF
SKILL OF THE CAPTAIN, OR BECAUSE THE VESSEL PUT TO SEA WAS INSUFFICIENTLY REPAIRED
AND EQUIPPED, THE SHIP AGENT OR THE SHIPPERS MAY DEMAND INDEMNITY OF THE CAPTAIN
FOR THE DAMAGES CAUSED TO THE VESSEL OR TO THE CARGO BY THE ACCIDENT, IN
ACCORDANCE WITH THE PROVISIONS CONTAINED IN ARTICLES 610, 612, 614, AND 621
CODE OF COMMERCE PROVISIONS

ARTICLE 842
THE GOODS SAVED FROM THE WRECK SHALL BE SPECIALLY BOUND FOR THE PAYMENT OF THE
EXPENSES OF THE RESPECTIVE SALVAGE, AND THE AMOUNT THEREOF MUST BE PAID BY THE
OWNERS OF THE FORMER BEFORE THEY ARE DELIVERED TO THEM, AND WITH PREFERENCE OVER
ANY OTHER OBLIGATION IF THE MERCHANDISE SHOULD BE SOLD.
CODE OF COMMERCE PROVISIONS

ARTICLE 843
IF SEVERAL VESSELS SAIL UNDER CONVOY, AND ANY OF THEM SHOULD BE WRECKED, THE CARGO SAVED SHALL
BE DISTRIBUTED AMONG THE REST IN PROPORTION TO THE AMOUNT WHICH EACH ONE IS ABLE TO TAKE.
IF ANY CAPTAIN SHOULD REFUSE, WITHOUT SUFFICIENT CAUSE, TO RECEIVE WHAT MAY CORRESPOND TO HIM,
THE CAPTAIN OF THE WRECKED VESSEL SHALL ENTER A PROTEST AGAINST HIM, BEFORE TWO SEA OFFICIALS,
OF THE LOSSES AND DAMAGES RESULTING THEREFROM, RATIFYING THE PROTEST WITHIN TWENTY-FOUR HOURS
AFTER ARRIVAL AT THE FIRST PORT, AND INCLUDING IT IN THE PROCEEDINGS HE MUST INSTITUTE IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE 612.
IF IT IS NOT POSSIBLE TO TRANSFER TO THE OTHER VESSELS THE ENTIRE CARGO OF THE VESSEL WRECKED, THE
GOODS OF THE HIGHEST VALUE AND SMALLEST VOLUME SHALL BE SAVED FIRST, THE DESTINATION THEREOF
TO BE MADE BY THE CAPTAIN WITH THE CONCURRENCE OF THE OFFICERS OF HIS VESSEL.
CODE OF COMMERCE PROVISIONS

ARTICLE 844
A CAPTAIN WHO MAY HAVE TAKEN ON BOARD THE GOODS SAVED FROM THE WRECK SHALL CONTINUE HIS
COURSE TO THE PORT OF DESTINATION, AND ON ARRIVAL SHALL DEPOSIT THE SAME, WITH JUDICIAL
INTERVENTION, AT THE DISPOSAL OF THEIR LEGITIMATE OWNERS.
IN CASE HE CHANGES HIS COURSE, IF HE CAN UNLOAD THEM AT THE PORT OF WHICH THEY WERE CONSIGNED,
THE CAPTAIN MAY MAKE SAID PORT IF THE SHIPPERS OR SUPERCARGOES PRESENT AND THE OFFICERS AND
PASSENGERS OF THE VESSEL CONSENT THERETO; BUT HE MAY NOT DO SO, EVEN WITH SAID CONSENT, IN TIME
OF WAR OR WHEN THE PORT IS DIFFICULT AND DANGEROUS TO MAKE.
THE OWNERS OF THE CARGO SHALL DEFRAY ALL THE EXPENSES OF THIS ARRIVAL AS WELL AS THE PAYMENT OF
THE FREIGHTAGE WHICH, AFTER TAKING INTO CONSIDERATION THE CIRCUMSTANCES OF THE CASE, MAY BE
FIXED BY AGREEMENT OR BY JUDICIAL DECISION.
CODE OF COMMERCE PROVISIONS

ARTICLE 845
IF ON THE VESSEL THERE SHOULD BE NO PERSON INTERESTED IN THE CARGO WHO CAN PAY THE
EXPENSES AND FREIGHTAGE CORRESPONDING TO THE SALVAGE, THE COMPETENT JUDGE OR COURT
MAY ORDER THE SALE OF THE PART NECESSARY TO COVER THE SAME. THIS SHALL ALSO BE DONE
WHEN ITS PRESERVATION IS DANGEROUS, OR WHEN IN A PERIOD OF ONE YEAR IT SHOULD NOT
HAVE BEEN POSSIBLE TO ASCERTAIN WHO ARE ITS LEGITIMATE OWNERS.
IN BOTH CASES, THE PROCEEDINGS SHALL BE WITH THE PUBLICITY AND FORMALITIES PRESCRIBED IN
ARTICLE 579, AND THE NET PROCEEDS OF THE SALE SHALL BE SAFELY DEPOSITED, IN THE
DISCRETION OF THE JUDGE OR COURT, SO THAT THEY MAY BE DELIVERED TO THE LEGITIMATE OWNER
THEREOF.
OTHER PROVISIONS ON SHIPWRECK

ARTICLE 643
IF THE VESSEL AND HER CARGO SHOULD BE TOTALLY LOST, BY REASON OF CAPTURE OR WRECK, ALL RIGHTS SHALL BE
EXTINGUISHED, BOTH AS REGARDS THE CREW TO DEMAND ANY WAGES WHATSOEVER, AND AD REGARDS THE SHIP
AGENT TO RECOVER ADVANCES MADE.
IF A PORTION OF THE VESSEL OR OF THE CARGO, OR OF BOTH, SHOULD BE SAVED, THE CREW ENGAGED ON WAGES,
INCLUDING THE CAPTAIN, SHALL RETAIN THEIR RIGHTS ON THE SALVAGE, SO FAR AS THEY GO, ON THE REMAINDER OF
THE VESSEL AS WELL AS ON THE AMOUNT OF THE FREIGHTAGE OF THE CARGO SAVED; BUT SAILORS WHO ARE
ENGAGED ON SHARES SHALL NOT HAVE ANY RIGHT WHATSOEVER ON THE SALVAGE OF THE HULL, BUT ONLY ON
THE PORTION OF THE FREIGHTAGE SAVED.
[IF THEY SHOULD HAVE WORKED TO RECOVER THE REMAINDER OF THE SHIPWRECKED VESSEL THEY SHALL BE GIVEN
FROM THE AMOUNT OF THE SALVAGE AS AN AWARD IN PROPORTION OF THE EFFORTS MADE AND TO THE RISKS
ENCOUNTERED IN ORDER TO ACCOMPLISH THE SALVAGE.]
CHARTER PARTIES

ARTICLE 661
NEITHER MERCHANDISE LOST BY REASON OF SHIPWRECK OR STRANDING NOR THOSE SEIZED BY
THE PIRATES OR ENEMIES, SHALL PAY FREIGHTAGE.
IF THE FREIGHTAGE SHOULD HAVE BEEN PAID IN ADVANCE, IT SHALL BE RETURNED, UNLESS THERE
IS AN AGREEMENT TO THE CONTRARY.
LOAN

ARTICLE 734
IN CASE OF SHIPWRECK, THE AMOUNT LIABLE FOR THE PAYMENT OF THE LOAN SHALL BE
REDUCED TO THE PROCEEDS OF THE GOODS SAVED, AFTER DEDUCTING THE COSTS OF THE
SALVAGE.
IF THE LOAN SHOULD BE ON THE VESSEL OR ANY OF ITS PARTS, THE FREIGHTAGE EARNED
DURING THE VOYAGE FOR WHICH THE LOAN WAS CONTRACTED SHALL ALSO BE LIABLE FOR ITS
PAYMENT, AS FAR AS IT MAY REACH.
LOAN

ARTICLE 735
IF THE SAME VESSEL OR CARGO SHOULD BE THE OBJECT OF AN LOAN ON BOTTOMRY OR
RESPONDENTIA AND MARINE INSURANCE, THE VALUE OF WHAT MAY BE SAVED IN CASE OF
SHIPWRECK SHALL BE DIVIDED BETWEEN THE LENDER AND THE INSURER, IN PROPORTION TO
THE LEGITIMATE INTEREST OF EACH ONE, TAKING INTO CONSIDERATION, FOR THIS PURPOSE
ONLY, THE PRINCIPAL WITH RESPECT TO THE LOAN, AND WITHOUT PREJUDICE TO THE RIGHT OF
PREFERENCE OF OTHER CREDITORS IN ACCORDANCE WITH ARTICLE 580.
THANK YOU 