Enumerations Flashcards

Question

What are the Solidary Liabilities of the Ship Agent/Shipowner for Acts Done by the Captain towards Passengers and Cargoes?

Answer 1

1. Damages to vessel and to cargo due to lack of skill and negligence; 2. Thefts and robberies of the crew; 3. Losses and fines for violation of laws; 4. Damages due to mutinies; 5. Damages due to misuse of power; 6. For deviations; 7. For arrivals under stress; 8. Damages due to non-observance of marine regulations. (Art. 618)

Answer 2

1. Sailing Mate/First Mate 2. Second Mate 3. Engineers 4. Crew

Answer 3

No liability under the following circumstances: 1. If, before beginning voyage, captain attempts to change it, or a naval war with the power to which the vessel was destined occurs; 2. If a disease breaks out and be officially declared an epidemic in the port of destination; 3. If the vessel should change owner or captain. (Art. 647)

Answer 4

Sailing Mate/First Mate

Answer 5

1. Provide himself with maps and charts with astronomical tables necessary for the discharge of his duties; 2. Keep the Binnacle Book; 3. Change the course of the voyage on consultation with the captain and the officers of the boat, following the decision of the captain in case of disagreement; 4. Responsible for all the damages caused to the vessel and the cargo by reason of his negligence. (Arts. 628 - 631)

Answer 6

Second mate, third in command

Answer 7

1. Preserve the hull and rigging of the vessel; 2. Arrange well the cargo; 3. Discipline the crew; 4. Assign work to crew members; 5. Inventory the rigging and equipment of the vessel, if laid up. (Art. 632)

Answer 8

Engineers.

Answer 9

1. In charge of the motor apparatus, spare parts, and other instruments pertaining to the engines; 2. Keep the engines and boilers in good condition; 3. Not to change or repair the engine without authority of the captain; 4. Inform the captain of any damage to the motor apparatus; 5. Keep an Engine Book; 6. Supervise all person

Answer 10

Crew, they are  Hired by the ship agent, where he is present and in his absence, the captain hires them, preferring Filipinos, and in their absence, he may take in foreigners, but not exceeding 1/5 of the crew.

Answer 11

Classes of Seaman’s Contracts 1. By the voyage; 2. By the month; and 3. By share of profits or freightage

Answer 12

1. Perpetration of a crime; 2. Repeated insubordination, want of discipline; 3. Repeated incapacity and negligence; 4. Habitual drunkenness; 5. Physical incapacity; 6. Desertion. (Art. 637)

Answer 13

 The seaman’s heirs are entitled to payment as follows: 1. If death is natural: a. compensation up to time of death if engaged on wage b. if by voyage - half of amount if death occurs on voyage out; and full, if on voyage in c. if by shares - none, if before departure; full, if after departure 2. if death is due to defense of vessel - full payment; 3. if captured in defense of vessel - full payment; 4. if captured due to carelessness - wag

Answer 14

All persons on board, from the captain to the cabin boy, necessary for the management, maneuvers, and service, thus including the crew, the sailing mates, engineers, stokers and other employees on board not having specific designations. Does not include the passengers or the persons whom the vessel is transporting.

Answer 15

Persons who discharges administrative duties assigned to him by ship agent or shippers, keeping an account and record of transaction as required in the accounting book of the captain. (Art. 649)

Answer 16

 A person duly qualified, and licensed, to conduct a vessel into or out of ports, or in certain waters.  The term generally connotes a person taken on board at a particular place for the purpose of conducting a ship through a river, road or channel, or from a port.  Master pro hac vice for the time being in the command and navigation of the ship.

Answer 17

While in exercising his functions a pilot is in sole command of the ship and supersedes the master for the time being in the command and navigation of the ship, the master does not surrender his vessel to the pilot and the pilot is not the master. There are occasions when the master may and should interfere and even displace the pilot, as when the pilot is obviously incompetent or intoxicated (Far Eastern Shipping Company vs. CA).

Answer 18

Compulsory Pilotage – States possessing harbors have enacted laws or promulgated rules requiring vessels approaching their ports to take on board pilots licensed under the local laws. (Notes and Cases on the Law on Transportation and Public Utilities, Aquino, T. & Hernando, R.P. 2004 ed. p. 518)

Answer 19

GENERAL RULE: On compulsory pilotage grounds, the Harbor Pilot is responsible for damage to a vessel or to life or property due to his negligence. EXCEPT: 1. Accident caused by force majeure or natural calamity provided the pilot exercised prudence and extra diligence to prevent or minimize damages. 2. Countermand or overrule by the master of the vessel in which case the registered owner of the vessel is liable. (Sec.11, Art.III PPA Admin Order 03- 85)

Answer 20

CBC LLM 1. Charter party 2. Bill of lading 3. Contract of transportation of passengers on sea voyages 4. Loan on bottomry 5. Loan on respondentia 6. Marine insurance

Answer 21

 A contract by virtue of which the owner or agent binds himself to transport merchandise or persons for a fixed price.  A contract by which an entire ship, or some principal part thereof is let/leased by the owner to another person for a specified time or use. (Planters Products, Inc. vs. CA, 226 SCRA 476)

Answer 22

1. Ship owner or ship agent 2. Charterer

Answer 23

1. Bareboat or demise 2. Contract of affreightment

Answer 24

A contract whereby the owner of the vessel leases part or all of its space to haul goods for others.  The shipowner retains the possession, command and navigation of the ship, the charterer merely having use of the space in the vessel in return for his payment of the charter hired.  Kinds: a. Time charter – vessel is chartered for a fixed period of time or duration of voyage. b. Voyage or trip charter – the vessel is leased for one or series of voyages usually for purposes of transporting goods for charterer.

Answer 25

The charterer provides crew, food and fuel. The charterer is liable as if he were the owner, except when the cause arises from the unworthiness of the vessel. The shipowner leases to the charterer the whole vessel, transferring to the latter the entire command, possession and consequent control over the vessel’s navigation, including the master and the crew, who thereby become the charter’s servants. It transforms a common carrier into a private carrier.  The charterer becomes the owner of the vessel pro hac vice, just for that one particular purpose only. Because the charterer is treated as owner pro hac vice, the charterer assumes the customary rights and liabilities of the shipowner to third persons and is held liable for the expense of the voyage and the wages of the seamen.

Answer 26

![](https://s3.amazonaws.com/brainscape-prod/system/cm/114/619/052/a_image_thumb.PNG?1412639178)

Answer 27

1. Owner or owners of the vessel, either in whole or in majority part, who have legal control and possession of the vessel 2. Charterer may subcharter entire vessel to 3rd person only if not prohibited in original charter. (Art.679) 3. Ship agent if authorized by the owner/s or given such power in the certificate of appointment. (Art.598) 4. Captain in the absence of the ship agent or consignee and only if he acts in accordance with the instructions of the agent or owner and

Answer 28

1. Consent of the contracting parties 2. Existing vessel which should be placed at the disposition of the shipper 3. Freight 4. Compliance with Art. 652 of the Code of Commerce

Answer 29

the amount paid by or recoverable from a charterer of a ship for the portion of the ship’s capacity the latter contracted for but failed to occupy.

Answer 30

Lay Days - days allowed to charter parties for loading and unloading the cargo. 5. Extra Lay Days – days which follow after the lay days have elapsed.

Answer 31

1. C.I.F. – cost, insurance and freight; 2. F.O.B. - free on board; 3. F.A.S. - free alongside ship; and 4. C. & F. - cost and freight.

Answer 32

 The act of taking cargo out of one ship and loading it in another, or the transfer of goods from the vessel stipulated in the contract of affreightment to another vessel before the place of destination named in the contract has been reached, or the transfer for further transportation from one ship or conveyance to another.  It is not dependent on the ownership of the transporting ships or in the change of carriers, but rather on the fact of actual physical transfer of cargo from one vessel to another.  If done without legal excuse, however competent and safe the vessel into which the transfer is made, is a violation of contract and infringement of right of shipper and subjects carrier to liability if freight is lost event by cause otherwise excepted. (Magellan Manufacturing vs. CA, 201 SCRA 102)

Answer 33

A real, unilateral, aleatory contract, by virtue of which one person lends to another a certain amount of money or goods on things exposed to maritime risks, which amount, with its earnings, is to be returned if the things are safely transported, and which is lost if the latter are lost. ## Footnote

Answer 34

[Attach Images](https://www.brainscape.com/decks/2816245/cards/114624712/edit#) [Attach Sounds](https://www.brainscape.com/decks/2816245/cards/114624712/edit#) [![]()](https://s3.amazonaws.com/brainscape-prod/system/cm/114/624/712/a_image_thumb.PNG?1412640849)

Answer 35

1. Lender loaned an amount larger than the value of the object due to fraudulent means employed by the borrower. (ART.726) 2. Full amount of the loan is not used for the cargo or given on the goods if all of them could not have been loaded, the balance will be considered a simple loan. (ART.727) 3. If the effects on which the money is taken is not subjected to any risk. (ART.729) Note: Under existing laws, the parties to a loan, whether ordinary or maritime, may agree on any rate of interest. (CB Circular 905)

Answer 36

General Rule: The obligation of the borrower to pay the loan is extinguished if the goods given as security are absolutely lost by reason of an accident of the sea, during the voyage designated, and if it is proven that the goods were on board. EXCEPTIONS: 1. Loss due to inherent defect; 2. Loss due to the barratry on the part of the captain; 3. Loss due to the fault or malice of the borrower; 4. The vessel was engaged in contraband; and 5. The cargo loaded on the ve

Answer 37

1. The insurable interest of the owner of a ship hypothecated by bottomry is only the excess of the value over the amount secured by bottomry. **(Sec. 101, Insurance Code)** 2. The value of what may be saved in case of shipwreck shall be divided between the lender and the insurer in proportion to the interest of each one. **(Art. 735)** **Note:** If a vessel is hypothecated by bottomry only the excess is insurable, since a loan on bottomry partakes of the nature likewise of an insurance coverage to the extent of the loan accommodation. The same rule would apply to the hypothecation of the cargo by respondentia.

Answer 38

1. Averages 2. Arrival Under Stress 3. Collision 4. Shipwreck

Answer 39

An extraordinary or accidental expense incurred during the voyage in order to preserve the cargo, vessel or both, and all damages or deterioration suffered by the vessel from departure to the port of destination, and to the cargo from the port of loading to the port of consignment. (Art. 806)

Answer 40

1. Particular or Simple Average 2. Gross or General Average  Where both vessel and cargo are saved, it is general average; where only the vessel or only the cargo is saved, it is particular average.  Expenses incurred to refloat a vessel, which accidentally ran aground, in order to continue its voyage, do not constitute general average. Not only is there absence of a marine peril, common safety factor, and deliberateness. It is the safety of the property, and not the voyage, which constitutes the true foundation of general average. (A. Magsaysay, Inc. vs. Agan, G.R.No. L-6393, Jan. 31, 1955) The person whose property has been saved must contribute to reimburse the damage caused or expense incurred if the situation constitutes general average.

Answer 41

1. Goods carried on deck. (ART.855) 2. Goods not recorded in the books or records of the vessel. (ART.855 (2)) 3. Fuel for the vessel if there is more than sufficient fuel for the voyage. (Rule IX, York-Antwerp Rule)

Answer 42

 Act of throwing cargo overboard in order to lighten the vessel.  Order of goods to be cast overboard: 1. Those which are on the deck, preferring the heaviest one with the least utility and value; 2. Those which are below the upper deck, beginning with the one with greatest weight and smallest value. (Art. 815)  Jettisoned goods are not res nullius nor deemed “abandoned” within the meaning of civil law so as to be the object of occupation by salvage. (Pandect of Commercial Law and Jurisprudence, Justice Jose Vitug, 1997 ed.)  In order that the jettisoned goods may be included in the gross or general average, the existence of the cargo on board should be proven by means of the bill of lading. (Art. 816)

Answer 43

The arrival of a vessel at the nearest and most convenient port instead of the port of destination, if during the voyage the vessel cannot continue the trip to the port of destination.

Answer 44

It is the duty of the captain to continue the voyage without delay after the cause of the arrival under stress has ceased failing in such duty renders him liable. However, in case the cause has been risk of enemies, there must first be an assembly before departure. (Art. 825)

Answer 45

Steps: 1. Captain should determine during the voyage if there is well founded fear of seizure, privateers and other valid grounds; 2. Captain shall assemble the officers and summon the persons interested in the cargo who may attend the meeting but without a right to vote; 3. The officers shall determine and agree if there is well-founded reason after examining the circumstances. The captain shall have the deciding vote; 4. The agreement shall be drafted and the proper minutes shall be signed and entered in the log book; 5. Objections and protests shall likewise be entered in the minutes.

Answer 46

COLLISION  Impact of two vessels both of which are moving. Allision  Impact between a moving vessel and a stationary one.

Answer 47

1. When two vessels are about to enter a port, the farther one must allow the nearer to enter first; if they collide, the fault is presumed to be imputable to the one who arrived later, unless it can be proved that there was no fault on its part. 2. When two vessels meet, the smaller should give the right of way to the larger one. 3. A vessel leaving port should leave the way clear for another which may be entering the same port. 4. The vessel which leaves later is presumed to have collided against one which has left earlier. 5. There is a presumption against the vessel which sets sail in the night. 6. There is a presumption against the vessel with spread sails which collides with another which is at anchor and cannot move, even when the crew of the latter has received word to lift anchor, when there was not sufficient time to do so or there was fear of a greater damage or other legitimate reason. 7. There is a presumption against an improperly moored vessel. 8. There is a presumption against a vessel which has no buoys to indicate the location of its anchors to prevent damage to vessels which may approach it. 9. Vessels must have “proper look-outs” or persons trained as such and who have no other duty aside therefrom. (Smith Bell v. CA)

Answer 48

1. Where a steamship and a sailing vessel are approaching each other from opposite directions, or on intersecting lines, the steamship from the moment the sailing vessel is seen, shall watch with the highest diligence her course and movements so as to be able to adopt such timely means of precaution as will necessarily prevent the two boats from coming in contact. 2. The sailing vessel is required to keep her course unless the circumstances require otherwise.

Answer 49

1. First zone – all time up to the moment when risk of collision begins.  No rule is as yet applicable for none is necessary. 2. Second zone – time between moment when risk of collision begins and moment it becomes a practical certainty.  It is in this period where conduct of the vessels is primordial. It is in this zone that vessels must strictly observe nautical rules, unless a departure therefrom becomes necessary to avoid imminent danger. 3. Third zone – time when collision is certain and time of impact.  An error in this zone would no longer be legally consequential.  Error in Extremis - sudden movement made by a faultless vessel during the third zone of collision with another vessel which is at fault during the 2nd zone. Even if such sudden movement is wrong, no responsibility will fall on said faultless vessel. (Urrutia and Co. v. Baco River Plantation Co., 26 PHIL 632)

Answer 50

1. One vessel at fault  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) 2. Both vessels at fault  Each vessel must bear its own loss, but the shippers of both vessels may go against the shipowners who will be solidarily liable. (Art. 827) 3. Vessel at fault not known  Each vessel must bear its own loss, but the shippers of both vessels may go against the shipowners 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. 4. Third vessel at fault  The third vessel will be liable for losses and damages. (Art. 831) 5. Fortuitous event/force majeure  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)  Even if the cause of action against the common carrier is based on quasi-delict, the defense of due diligence in the selection and supervision of employees is unavailing in case of a maritime tort resulting in collision. It is not a civil tort governed by the Civil Code but a maritime one governed by Arts. 826-839 of the Code of Commerce. (Manila Steamship vs. Insa Abdulhaman)  Doctrine of Last Clear Chance and Rule on Contributory Negligence cannot be applied in collision cases because of Art.827 of the Code of Commerce. (Notes and Cases on the Law on Transportation and Public Utilities, Aquino, T. & Hernando, R.P. 2004 ed.)

Answer 51

 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

Answer 52

 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)  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)

Answer 53

 It is the loss of the vessel at sea as a consequence of its grounding, or running against an object in sea or on the coast. It occurs when the vessel sustains injuries due to a marine peril rendering her incapable of navigation.  If the wreck was due to malice, negligence or lack of skill of the captain, the owner of the vessel may demand indemnity from said captain. (Art. 841)  The rules on collision or allision, as may be pertinent, can equally apply to shipwrecks.

Answer 54

 A CPC or a CPCN constitutes neither a franchise nor a contract, confers no property right, and is a mere license or a privilege. The holder of said certificate does not acquire a property right in the route covered thereby. Nor does it confer upon the holder any proprietary right or interest or franchise n the public highways. Revocation of this certificate deprives him of no vested right. New and additional burdens, alteration of the certificate, or even revocation or annulment thereof is reserved to the State. (Luque vs. Villegas, 30 SCRA 408)

Answer 55

1. Applicant must be a citizen of the Philippines or a corporation or entity 60% of the capital of which is owned by such citizens; 2. Applicant must prove public necessity; 3. Applicant must prove that the operation of the public service proposed and the authorization to do business will promote the public interest on a proper and suitable manner; 4. Applicant must have sufficient financial capability to undertake the proposed services and meeting the responsibilities incident to its operation.