CODE OF COMMERCE TITLE TWO: PERSONS WHO TAKE PART IN MARITIME COMMERCE SECTION ONE SHIPOWNERS AND SHIP AGENTS
ARTICLE 586. The shipowner shipowner and the ship agent shall be civilly liable for the acts of the captain and for the obligations contracted by the latter to repair e!"ip and provision the vessel provided the creditor proves that the a#o"nt clai#ed was invested for the bene$t of the sa#e. %y ship agent is "nderstood "nderstood the person entr"sted with provisioning provisioning or representing the vessel in the port in which it #ay be fo"nd. ARTICLE 58&. The ship agent shall also be civilly liable for the inde#nities in favor of third persons which #ay arise fro# the cond"ct of the captain in the care of the goods which he loaded on the vessel' b"t he #ay e(e#pt hi#self therefro# by abandoning the vessel with all her e!"ip#ents and the freight it #ay have earned d"ring the voyage. ARTICLE 588. )either the shipowner shipowner nor the ship agent shall be liable for the obligations contracted by the captain if the latter e(ceeds the powers and privileges pertaining to hi# by reason of his position or conferred "pon hi# by the for#er. )evertheless if the a#o"nts clai#ed were invested for the bene$t of the vessel the responsibility therefor shall devolve "pon its owner or agent. ARTICLE 58*. If two or #ore persons sho"ld be part owners of a #erchant vessel a partnership shall be pres"#ed as established by the co+owners. This partnership shall be governed by the resol"tions of the #a,ority of the #e#bers. If the part owners sho"ld not be #ore than two the disagree#ent of views if any shall be decided by the vote of the #e#ber having the largest interest. If the interests are e!"al it sho"ld be decided by lot. The person having the s#allest share in the ownership shall have one vote' and proportionately proportionately the other part owners as #any votes as they have parts e!"al to the s#allest one. aisadc A vessel #ay not be detained attached or levied "pon in e(ec"tion in its entirety entirety for the private debts of a part owner owner b"t the proceedings shall be li#ited to the interest which the debtor #ay have in the vessel witho"t interfering with the navigation. navigation. ARTICLE 5*-. The co+owners of a vessel shall be civilly liable in the proportion proportion of their interests in the co##on f"nd for the res"lts of the acts of the captain referred to in Article 58&. Each co+owner #ay e(e#pt hi#self fro# this liability by the abandon#ent before a notary of the part of the vessel belonging to hi#. ARTICLE 5*. All the part owners shall be liable in proportion proportion to their respective ownership ownership for the e(penses for repairing the vessel and for other e(penses which are inc"rred by virt"e of a resol"tion of the #a,ority. They shall li/ewise be liable in the sa#e proportion for the e(penses e(penses for the #aintenan #aintenance ce e!"ip#en e!"ip#ent t and provisi provisionin oning g of the vessel vessel necessar necessary y for navigation. ARTICLE 5*0. The resol"tion of the #a,ority with regard to the repair repair e!"ip#ent and provisioning provisioning of the vessel in the port of depart"re shall bind the #inority #inority "nless the #inority #e#bers reno"nce their interests which #"st be ac!"ired by the other co+owners after a ,"dicial appraise#ent of the val"e of the portion or portions assigned. The resol"tions of the #a,ority relating to the dissol"tion of the partnership and sale of the vessel shall also be binding on the #inority. The sale of the vessel #"st be #ade at p"blic a"ction s"b,ect to the provisions of the law of civil proced"re "nless the co+owners "nani#o"sly agree otherwise saying always the right of rep"rchase and rede#ption provided for in Article 5&5. ARTIC ARTICLE LE 5*1. 5*1. The The owners owners of a vessel vessel shall have prefe prefere rence nce in her her charte charterr over over other other persons "nder the sa#e conditions and price. If two or #ore of the# sho"ld clai# this right the one having thegreater interest shall be preferred' and sho"ld they have e!"al interests the #atter shall be decided by lot. ARTICLE 5*2. 5*2. The co+owners co+owners shall elect elect the #anager who is to represent represent the# in the capacity capacity of ship agent. The appoint#ent of director or ship agent shall be revocable at the will of the #e#bers. ARTICLE 5*5. The ship agent whether he is at the sa#e ti#e the owner of the vessel or a #anager for an owner or for an association of co+owners #"st have the capacity to trade and #"st be recorded in the #erchant3s registry of the province. The ship agent shall represent the ownership of the vessel and #ay #ay in his own na#e and in s"ch capacity capacity ta/e ,"dicial and e(tra,"dicial steps in #atters relating to co##erce. ARTICLE 5*6. The ship agent #ay discharge the d"ties of captain of the vessel s"b,ect in every case to the provision of Article 6-*. If two or #ore co+owners apply for the position of
captain the disagree#ent shall be decided by a vote of the #e#bers' and if the vote sho"ld res"lt in a tie it shall be decided in favor of the co+owner having the larger interest in the vessel. If the interests of the applicants sho"ld be e!"al and there sho"ld be a tie the #atter shall be decided by lot. ARTICLE 5*&. The ship agent shall designate and co#e to ter#s with the captain and shall contract in the na#e of the owners who shall be bo"nd in all that refer to repairs details of e!"ip#ent ar#a#ent provisions of food and f"el and freight of the vessel and in general in all that relate to the re!"ire#ents of navigation. ARTICLE 5*8. The ship agent #ay not order a new voyage or #a/e contracts for a new charter or ins"re the vessel witho"t the a"thori4ation of its owner or resol"tion of the #a,ority of the coowners "nless these powers were granted hi# in the certi$cate of his appoint#ent. If he ins"res the vessel witho"t a"thori4ation therefore he shall be s"bsidiarily liable for the solvency of the ins"rer. ARTICLE 5**. The ship agent #anaging for an association shall render to his associates an acco"nt of the res"lts of each voyage of the vessel witho"t pre,"dice to always having the boo/s and correspondence relating to the vessel and to its voyages at their disposal. ARTICLE 6--. After the acco"nt of the #anaging agent has been approved by a relative #a,ority the co+owners shall pay the e(penses in proportion to their interest witho"t pre,"dice to the civil or cri#inal actions which the #inority #ay dee# $t to instit"te afterwards. In order to enforce the pay#ent the #anaging agent shall be entitled to an e(ec"tory action accion e,ec"tiva7 which shall be instit"ted by virt"e of a resol"tion of the #a,ority and witho"t f"rther proceedings than the ac/nowledg#ent of the signat"res of the persons who voted for the resol"tion. ARTICLE 6-. ho"ld there be any pro$ts the co+owners #ay de#and of the #anaging agent the a#o"nt corresponding to their interests by #eans of an e(ec"tory action accion e,ec"tiva7 witho"t any other re!"isite than the ac/nowledg#ent of the signat"res on the instr"#ent approving the acco"nt. ARTICLE 6-0. The ship agent shall inde#nify the captain for all the e(penses he #ay have inc"rred with f"nds of his own or of others for the bene$t of the vessel. ARTICLE 6-1. %efore the vessel sets o"t to sea the ship agent #ay at his discretion discharge the captain and #e#bers of the crew whose contracts are not for a de$nite period or voyage paying the# the salaries earned according to their contracts and witho"t any inde#nity whatsoever "nless there is an e(press and speci$c agree#ent in respect thereto. ARTICLE 6-2. If the captain or any other #e#ber of the crew sho"ld be discharged d"ring the voyage they shall receive their salary "ntil they ret"rn to the port where the contract was #ade "nless there sho"ld be ,"st ca"se for the discharge all in accordance with Article 616 and following of this Code. ARTICLE 6-5. If the contracts of the captain and #e#bers of the crew with the ship agent sho"ld be for a de$nite period or voyage they #ay not be discharged "ntil after the f"l$ll#ent of their contracts e(cept by reason of ins"bordination in serio"s #atters robbery theft habit"al dr"n/enness or da#age ca"sed to the vessel or to its cargo thro"gh #alice or #anifest or proven negligence. ARTICLE 6-6. If the captain sho"ld be a co+owner of the vessel he #ay not be discharged "nless the ship agent ret"rns to hi# the a#o"nt of his interest therein which in the absence of agree#ent between the parties shall be appraised by e(perts appointed in the #anner established in the law of civil proced"re. ARTICLE 6-&. If the captain who is a co+owner sho"ld have obtained the co##and of the vessel by virt"e of a special agree#ent contained in the articles of association he #ay not be deprived of his o9ice e(cept for the ca"ses #entioned in Article 6-5. ARTICLE 6-8. In case of the vol"ntary sale of the vessel all contracts between the ship agent and the captain shall ter#inate reserving to the latter his right to the inde#nity which #ay pertain to hi# according to the agree#ents #ade with the ship agent. They vessel sold shall re#ain s"b,ect to the sec"rity of the pay#ent of said inde#nity if after the action against the vendor has been instit"ted the latter is fo"nd to be insolvent. ECTI:) T;:< CA=TAI) A)> ?ATER :@ EEL ARTICLE 6-*. Captains #asters or patrons of vessels #"st be @ilipinos have legal capacity to contract in accordance with this code and prove the s/ill capacity and !"ali$cations
necessary to co##and and direct the vessel as established by #arine or navigation laws ordinances or reg"lations and #"st not be dis!"ali$ed according to the sa#e for the discharge of the d"ties of the position. cdt If the owner of a vessel desires to be the captain thereof witho"t having the legal !"ali$cations therefor he shall li#it hi#self to the $nancial ad#inistration of the vessel and shall intr"st the navigation to a person possessing the !"ali$cations re!"ired by said ordinances and reg"lations. ARTICLE 6-. The following powers shall be inherent in the position of captain #aster or patron of a vessel< . To appoint or #a/e contracts with the crew in the absence of the ship agent and to propose said crew sho"ld said agent be present' b"t the ship agent #ay not e#ploy any #e#ber against the captain3s e(press ref"sal. 0. To co##and the crew and direct the vessel to the port of its destination in accordance with the instr"ctions he #ay have received fro# the ship agent. 1. To i#pose in accordance with the contracts and with the laws and reg"lations of the #erchant #arine and when on board the vessel correctional p"nish#ent "pon those who fail to co#ply with his orders or are wanting in discipline holding a preli#inary hearing on the cri#es co##itted on board the vessel on the seas which cri#es shall be t"rned over to the a"thorities having ,"risdiction over the sa#e at the $rst port to"ched. 2. To #a/e contracts for the charter of the vessel in the absence of the ship agent or of its consignee acting in accordance with the instr"ctions received and protecting the interests of the owner with "t#ost care. 5. To adopt all proper #eas"res to /eep the vessel well s"pplied and e!"ipped p"rchasing all that #ay be necessary for the p"rpose provided there is no ti#e to re!"est instr"ction fro# the ship agent. 6. To order in si#ilar "rgent cases while on a voyage the repairs on the h"ll and engines of the vessel and in its rigging and e!"ip#ent which are absol"tely necessary to enable it to contin"e and $nish its voyage' b"t if he sho"ld arrive at a point where there is a consignee of the vessel he shall act in conc"rrence with the latter. ARTICLE 6. In order to co#ply with the obligations #entioned in the preceding article the captain when he has no f"nds and does not e(pect to receive any fro# the ship agent shall obtain the sa#e in the s"ccessive order stated below<. %y re!"esting said f"nds fro# the consignee of the vessel or correspondents of the ship agent. 0. %y applying to the consignees of the cargo or to those interested therein. 1. %y drawing on the ship agent. 2. %y borrowing the a#o"nt re!"ired by #eans of a loan on botto#ry. 5. %y selling a s"9icient a#o"nt of the cargo to cover the s"# absol"tely indispensable for the repair of the vessel and to enable it to contin"e its voyage. cd In these two last cases he #"st apply to the ,"dicial a"thority of the port if in the =hilippines and to the cons"l of the Rep"blic of the =hilippines if in a foreign co"ntry and where there is none to the local a"thority proceeding in accordance with the provisions of Article 581 and with the provisions of the law of civil proced"re. ARTICLE 60. The following obligations shall be inherent in the o9ice of captain< . To have on board before starting on a voyage a detailed inventory of the h"ll engines rigging spare+ #asts tac/le and other e!"ip#ent of the vessel' the royal or the navigation certi$cate' the roll of the persons who #a/e "p the crew of the vessel and the contracts entered into with the#' the lists of passengers' the bill of health' the certi$cate of the registry proving the ownership of the vessel and all the obligations which enc"#ber the sa#e "p to that date' the charter parties or a"thenticated copies thereof' the invoices or #anifests of the cargo and the #e#orand"# of the visit or inspection by e(perts sho"ld it have been #ade at the port of depart"re. 0. To have a copy of this code on board. 1. To have three folioed and sta#ped boo/s placing at the beginning of each one a #e#orand"# of the n"#ber of folios it contains signed by the #ariti#e a"thority and in his absence by the co#petent a"thority. In the $rst boo/ which shall be called log boo/ he shall enter day by day the condition of the at#osphere the prevailing winds the co"rses ta/en the rigging carried the power of the engines "sed in navigation the distances covered the #ane"vers e(ec"ted and other incidents of navigation' he shall also enter the da#age s"9ered by the vessel in her h"ll engines rigging and tac/le no #atter what its ca"se #ay be as well as the i#pair#ent and da#age s"9ered by cargo and the e9ect and i#portance of the ,ettison sho"ld there be a ny' and in cases of serio"s decisions which re!"ire the advice or a #eeting of the o9icers of the vessel or even of the crew and passengers he shall record the decisions adopted. @or the infor#ation indicated he shall #a/e "se of the binnacle boo/ and of the stea# of engine boo/ /ept by the engineer. In the second boo/ called the acco"nting boo/ he shall record all the a#o"nts collected and paid for the acco"nt of the vessel entering speci$cally article by article the so"rce of the collection and the a#o"nts spent for provisions repairs ac!"isitions of e!"ip#ent or goods f"el food o"t$ts wages and other e(penses of whatever nat"re they #ay be. Be shall f"rther#ore enter therein a list of all the #e#bers of the crew stating their do#iciles their wages and salaries and the a#o"nts they #ay have received on acco"nt directly or by delivery to their fa#ilies. In the third boo/ called freight boo/ he shall record the loading and discharge of all the goods stating their #ar/s and pac/ages na#es of the shippers and of the consignees ports of loading and "nloading and the freightage they give. In this sa#e boo/ he shall record the na#es and places of sailing of the passengers the n"#ber of pac/ages in their baggage and the price of passage. 2. %efore receiving cargo to
#a/e with the o9icers of the crew and two e(perts if re!"ired by the shippers and passengers an e(a#ination of the vessel in order to ascertain whether it is water+tight with the rigging and engines in good condition and with the e!"ip#ent re!"ired for good navigation preserving "nder his responsibility a certi$cate of the #e#orand"# of his inspection signed by all those who #ay have ta/en part therein. The e(perts shall be appointed one by the captain of the vessel and another by those who re!"est its e(a#ination and in case of disagree#ent a third shall be appointed by the #arine a"thority of the port or by the a"thority e(ercising his f"nctions.5. To re#ain constantly on board the vessel with the crew while the cargo is being ta/en on board and to caref"lly watch the stowage thereof' not to consent to the loading of any #erchandise or #atter of a dangero"s character s"ch as ina##able or e(plosive s"bstances witho"t the preca"tions which are reco##ended for their pac/ing handling and isolation' not to per#it the carriage on dec/ of any cargo which by reason of its arrange#ent vol"#e or weight #a/es the wor/ of the sailors di9ic"lt and which #ight endanger the safety of the vessel' and if on acco"nt of the nat"re of the #erchandise the special character of the ship#ent and principally the favorable season in which it is "nderta/en #erchandise #ay be carried on dec/ he #"st hear the opinion of the o9icers of the vessel and have the consent of the shippers and of the ship agent. 6. To de#and a pilot at the e(pense of the vessel whenever re!"ired by the navigation and principally when he has to enter a port canal or river or has to ta/e a roadstead or anchoring place with which neither he nor the o9icers and crew are ac!"ainted. &. To be on dec/ on reaching land and to ta/e co##and on entering and leaving ports canals roadsteads and rivers "nless there is a pilot on board discharging his d"ties. Be shall not spend the night away fro# the vessel e(cept for serio"s ca"ses or by reason of o9icial b"siness. cdtai 8. To present hi#self when #a/ing a port in distress to the #ariti#e a"thority if in the =hilippines and to the cons"l of the Rep"blic of the =hilippines if in a foreign co"ntry before twentyfo"r ho"rs have elapsed and to #a/e a state#ent of the na#e registry and port of depart"re of the vessel of its cargo and the ca"se of arrival which declaration shall be visaed by the a"thority or the cons"l if after e(a#ining the sa#e it is fo"nd to be acceptable giving the captain the proper certi$cate proving his arrival in distress and the reasons therefor. In the absence of the #ariti#e a"thority or of the cons"l the declaration #"st be #ade before the local a"thority. *. To ta/e the necessary steps before the co#petent a"thority in order to record in the certi$cate of the vessel in the registry of vessels the obligations which he #ay contract in accordance with Article 581. -. To place "nder good care and c"stody all the papers and belongings of any #e#bers of the crew who #ight die on the vessel drawing "p a detailed inventory in the presence of passengers or in their absence of #e#bers of the crew as witnesses. . To cond"ct hi#self according to the r"les and precepts contained in the instr"ctions of the ship agent being liable for all that which he #ay do in violation thereof. 0. To infor# the ship agent fro# the port at which the vessel arrives of the reason of his arrival ta/ing advantage of the se#aphore telegraph #ail etc. as the case #ay be' to notify hi# of the cargo he #ay have received stating the na#es and do#iciles of the shippers freightage earned and a#o"nts borrowed on botto#ry loan' to advise hi# of his depart"re and of any operation and date which #ay be of interest to hi#. 1. To observe the r"les with respect to sit"ation lights and #ane"vers in order to avoid collisions. 2. To re#ain on board in case the vessel is in danger "ntil all hope to save it is lost and before abandoning it to hear the o9icers of the crew abiding by the decision of the #a,ority' and if the boats are to be ta/en to he shall ta/e with hi# before anything else the boo/s and papers and then the articles of #ost val"e being obliged to prove in case of the loss of the boo/s and papers that he did all he co"ld to save the#. 5. In case of wrec/ to #a/e the proper protest in d"e for# at the $rst port of arrival before the co#petent a"thority or the =hilippine cons"l within twenty+fo"r ho"rs specifying therein all the incidents of the wrec/ in accordance with s"bdivision 8 of this article. 6. To co#ply with the obligations i#posed by the laws and reg"lations on navigation c"sto#s health and others. ARTICLE 61. A captain who navigates for freight in co##on or on shares #ay not #a/e any separate transaction for his own acco"nt' and sho"ld he do so the pro$t which #ay accr"e shall belong to the other persons interested and the losses shall be borne by hi# e(cl"sively.ARTICLE 62. A captain who having #ade an agree#ent to #a/e a voyage fails to perfor# his "nderta/ing witho"t prevented by fort"ito"s accident or force #a,e"re shall inde#nify for all the losses which he #ay ca"se witho"t pre,"dice to the cri#inal penalties which #ay be proper. ARTICLE 65. ;itho"t the consent of the agent the captain cannot have hi#self s"bstit"ted by another person' and sho"ld he do so besides being liable for all the acts of the s"bstit"te and bo"nd to the inde#nities #entioned in the foregoing articles the captain as well as the s"bstit"te #ay be discharged by the ship agent. ARTICLE 66. If the provisions and f"el of the vessel sho"ld be cons"#ed before arriving at the port of destination the captain shall order with the consent of the o9icers of the sa#e the arrival at the nearest port to get a s"pply of either' b"t if there are persons on board who have provisions of their own he #ay force the# to deliver said provision for the co##on cons"#ption of all those who #ay be on board paying the price thereof at the sa#e ti#e or at the latest at the $rst port reached. ARTICLE 6&. The captain #ay not contract loans on respondentia sec"red by the cargo' and sho"ld he do so the contracts shall be void. )either #ay he borrow #oney on botto#ry for his own transactions e(cept on the portion of the vessel he owns provided no #oney has been
previo"sly borrowed on the whole vessel and there does not e(ist any other /ind of lien or obligation chargeable against the vessel. If he #ay do so he #"st state what interest he has in the vessel. In case of violation of this article the principal interest and costs shall be for the personal acco"nt of the captain and the ship agent #ay f"rther#ore discharge hi#. ARTICLE 68. The captain shall be civilly liable to the ship agent and the latter to the third persons who #ay have #ade contracts with the for#er' . @or all the da#ages s"9ered by the vessel and its cargo by reason of want of s/ill or negligence on his part. If a #isde#eanor or cri#e has been co##itted he shall be liable in accordance with the =enal Code. cda 0. @or all the thefts co##itted by the crew reserving his right of action against the g"ilty parties. 1. @or the losses $nes and con$scations i#posed an acco"nt of violation of c"sto#s police health and navigation laws and reg"lations. 2. @or the losses and da#ages ca"sed by #"tinies on board the vessel or by reason of fa"lts co##itted by the crew in the service and defense of the sa#e if he does not prove that he #ade ti#ely "se of all his a"thority to prevent or avoid the#. 5. @or those ca"sed by the #is"se of the powers and the non+ f"l$ll#ent of the obligations pertaining to hi# in accordance with Articles 6- and 60. 6. @or those arising by reason of his going o"t of his co"rse or ta/ing a co"rse which he sho"ld not have ta/en witho"t s"9icient ca"se in the opinion of the o9icers of the vessel at a #eeting with the shippers or s"percargoes who #ay be on board. )o e(ceptions whatsoever shall e(e#pt hi# fro# this obligation. &. @or those arising by reason of his vol"ntarily entering a port other than that of his destination o"tside of the cases or witho"t the for#alities referred to in Article 60. 8. @or those arising by reason of non+observance of the provisions contained in the reg"lations on sit"ation of lights and #ane"vers for the p"rpose of preventing collisions. ARTICLE 6*. The captain shall be liable for the cargo fro# the ti#e it is delivered to hi# at the doc/ or aoat alongside the at the port of loading "ntil he delivers it on the shore or on the discharging wharf at the port of "nloading "nless the contrary has been e(pressly agreed "pon. ARTICLE 60-. The captain shall not be liable for the da#ages ca"sed to the vessel or to the cargo by force #a,e"re' b"t he shall always be so for those arising thro"gh his own fa"lt no agree#ent to the contrary being valid. )either shall he be personally liable for the obligations he #ay have contracted for the repair e!"ip#ent and provisioning of the vessel which shall devolve "pon the ship agent "nless the for#erhas e(pressly bo"nd hi#self personally or has signed a bill of e(change or pro#issory note in his na#e. ARTICLE 60. A captain who borrows #oney on the h"ll engine rigging or tac/le of the vessel or pledges or sells #erchandise or provisions o"tside of the cases and witho"t the for#alities prescribed in this Code shall be liable for the principal interests and costs and shall inde#nify for the da#ages he #ay ca"se. Be who co##its fra"d in his acco"nts shall pay the a#o"nt defra"ded and shall be s"b,ect to the provisions of the =enal Code. ARTICLE 600. If while on a voyage the captain sho"ld learn of the appearance of privateers or #en of war against his ag he shall be obliged to #a/e the nearest ne"tral port infor# his agent or shippers and await an occasion to sail "nder convoy or "ntil the danger is over or he has received e(press orders fro# the ship agent or the shippers. ARTICLE 601. If he sho"ld be attac/ed by a privateer and after having tried to avoid the enco"nter and having resisted the delivery of the e9ects of the vessel or its cargo they sho"ld be forcibly ta/en away fro# hi# or he sho"ld be obliged to deliver the# he shall #a/e an entry thereof in his freight boo/ and shall prove the fact before the co#petent a"thority at the $rst port he to"ches. cdasia After the force #a,e"re has been proved he shall be e(e#pted fro# liability. ARTICLE 602. A captain whose vessel has gone thro"gh a h"rricane or who believes that the cargo has s"9ered da#ages or averages shall #a/e a protest thereon before the co#petent a"thority at the $rst port he to"ches within twenty+fo"r ho"rs following his arrival and shall ratify it within the sa#e period when he arrives at his destination i##ediately proceeding with the proof of the facts and he #ay not open the hatches "ntil after this has been done. The captain shall proceed in the sa#e #anner if the vessel having been wrec/ed' he is saved alone or with part of his crew in which case he shall appear before the nearest a"thority and #a/e a sworn state#ent of facts. The a"thority or the cons"l shall verify the said facts receiving sworn state#ents of the #e#bers of the crew and passengers who #ay have been saved' and ta/ing s"ch other steps as #ay assist in arriving at the facts he shall #a/e a state#ent of the res"lt of the proceedings in the log boo/ and in that of the sailing #ate and shall deliver to the captain the original record of the proceedings sta#ped and folioed with a #e#orand"# of the folios which he #"st r"bricate in order that it #ay be presented to the ,"dge or co"rt of the port of destination. The state#ent of the captain shall be accepted if it is in accordance with those of the crew and passengers' if they disagree the latter shall be accepted always saying proof to the contrary. ARTICLE 605. The captain "nder his personal responsibility as soon as he arrives at the port of destination sho"ld get the necessary per#ission fro# the health and c"sto#s o9icers and perfor# the other for#alities re!"ired by the reg"lations of the ad#inistration delivering the cargo witho"t any defalcation to the consignee and in a proper case the vessel rigging and freightage to the ship agent. If by reason of the absence of the consignee or on acco"nt of the nonappearance of a legal holder of the bills of lading the captain sho"ld not /now to who# he is to legally #a/e the delivery of the cargo he shall place it at the disposal of the proper ,"dge or co"rt or a"thority in order that he #ay deter#ine what is proper with regard to its deposit preservation and c"stody. ECTI:) TBREE :@@ICER A)> CRE; :@ EEL ARTICLE 606. In order to be a sailing #ate it
shall be necessary< . To have the !"ali$cations re!"ired by the #arine or navigation laws or reg"lations. 0. )ot to be dis!"ali$ed in accordance therewith for the discharge of his d"ties. ARTICLE 60&. The sailing #ate as the second chief of the vessel and "nless the agent orders otherwise shall ta/e the place of the captain in cases of absence sic/ness or death and shall thenass"#e all his powers d"ties and responsibilities. ARTICLE 608. The sailing #ate #"st provide hi#self with charts of the seas in which he will navigate with the astrono#ical tables and instr"#ents for observation which are in "se and which are necessary for the discharge of his d"ties being liable for the accidents which #ay arise by reason of his o#ission in this regard. ARTICLE 60*. The sailing #ate shall partic"larly and personally /eep a boo/ folioed and sta#ped on all its pages deno#inated %innacle %oo/ with a #e#orand"# at the beginning stating the n"#ber of folios it contains signed by the co#petent a"thority and shall enter therein daily the distance the co"rse travelled the variations of the needle the leeway the direction and force of the wind the condition of the at#osphere and of the sea the rigging set the latit"de and longit"de observed the n"#ber of f"rnace heated the stea# press"re the n"#ber of revol"tions and "nder the title incidents the #ane"vers #ade the #eeting with other vessels and all the details and incidents which. #ay occ"r d"ring the voyage. ARTICLE 61-. In order to change the co"rse and to ta/e the one #ost convenient for a good voyage of the vessel the sailing #ate shall co#e to an agree#ent with the captain. If the latter sho"ld ob,ect the sailing #ate shall state to hi# the proper observations in the presence of the other o9icers of the sea. If the captain sho"ld still insist on his negative decision the sailing #ate shall #a/e the proper protest signed by hi# and by one other o9icer in the log boo/ and shall obey the captain who alone shall be responsible for the conse!"ences of his decision. ARTICLE 61. The sailing #ate shall be responsible for all the da#ages ca"sed to the vessel and the cargo by reason of his negligence or want of s/ill witho"t pre,"dice to the cri#inal liability which #ay arise if a felony or #isde#eanor has been co##itted. aisadc ARTICLE 610. The following shall be the obligations of the second #ate< . To watch over the preservation of the h"ll and rigging of the vessel and to ta/e charge of the preservation of the tac/le and e!"ip#ent which #a/e "p her o"t$t s"ggesting to the captain the repairs necessary and the replace#ent of the goods and i#ple#ents which are rendered "seless and are lost. 0. To ta/e care that the cargo is well arranged /eeping the vessel always ready for #ane"ver. 1. To preserve order discipline and good service a#ong the crew re!"esting the necessary orders and Instr"ctions of the captain and giving hi# pro#pt infor#ation of any occ"rrence in which the intervention of his a"thority #ay be necessary. 2. To assign to each sailor the wor/ he is to do on board in accordance with the instr"ction received and to see that it is pro#ptly and acc"rately carried o"t. 5. To ta/e charge "nder inventory of the rigging and all the e!"ip#ent of the vessel if it sho"ld be laid "p "nless the ship agent has ordered otherwise. ;ith regard to engineers the following r"les shall govern< . In order to be ta/en on board as a #arine engineer for#ing part of the co#ple#ent of a #erchant vessel it shall be necessary to have the !"ali$cations which the laws and reg"lations re!"ire and not be dis!"ali$ed in accordance therewith for the discharge of his d"ties. Engineers shall be considered o9icers of the vessel b"t they shall have no a"thority or intervention e(cept in #atters referring to the #otor apparat"s. 0. ;hen there are two or #ore engineers on board a vessel one of the# shall be the chief and the other engineers and all the personnel of the engines shall be "nder his orders' he shall also have charge of the #otor apparat"s the spare parts the instr"#ents and tools pertaining thereto the f"el the l"bricating #aterial and $nally whatever is entr"sted to an engineer on board a vessel. 1. Be shall /eep the engines and boilers in good condition and state of cleanliness and shall order what #ay be proper in order that they #ay always be ready to wor/ with reg"larity being liable for the accidents or da#ages which his negligence or want of s/ill #ay ca"se to the #otor apparat"s to the vessel and to the cargo witho"t pre,"dice to the cri#inal liability which #ay be proper if there has been a felony or #isde#eanor.2. Be shall not #a/e any change in the #otor apparat"s or proceed to repair the averages he #ay have noticed in the sa#e or change the nor#al speed of its #ove#ent witho"t the prior a"thori4ation of the captain. to who# if he sho"ld ob,ect to their being #ade he shall state the proper observations in the presence of the other engineers or o9icers' and if notwithstanding this the captain sho"ld insist on his ob,ection the chief engineer shall #a/e the proper protests entering the sa#e in the engine boo/ and shall obey the captain who alone shall be responsible for the conse!"ences of his decision. 5. Be shall infor# the captain of any average which #ay occ"r in the #otor apparat"s and shall advise hi# whenever it #ay be necessary to stop the engines for so#e ti#e or when any other incident occ"rs in his depart#ent of which the captain sho"ld be i##ediately infor#ed besides fre!"ently advising hi# of the cons"#ption of f"el and l"bricating #aterial. 6. Be shall /eep a boo/ or registry called the engine boo/ in which shall be entered all the date referring to the wor/ of the engines s"ch as for e(a#ple the n"#ber of f"rnaces heated the vac""# in the condenser the te#perat"re the degree of sat"ration of the water in the boilers the cons"#ption of f"el and l"bricating #aterial and "nder the heading of noteworthy occ"rrences the averages and #alad,"st#ents which occ"r in the engines and boilers the ca"ses thereof and the #eans e#ployed to repair the sa#e li/ewise the force and direction of the wind the rigging set and the speed of the vessel shall be stated ta/ing the infor#ation fro# the %innacle %oo/. ARTICLE 611. The second #ate shall ta/e co##and of the vessel in case of the inability or
dis!"ali$cation of the captain and the sailing #ate ass"#ing in s"ch case their powers and responsibility. ARTICLE 612. The captain #ay #a/e "p the crew of his vessel with s"ch n"#ber of #en as he #ay consider proper and in the absence of @ilipino sailors he #ay ta/e on foreigners residing in the co"ntry the n"#ber thereof not to e(ceed one+$fth of the crew. If in foreign ports the captain sho"ld not $nd a s"9icient n"#ber of @ilipino sailors he #ay co#plete the crew with foreigners with the consent of the cons"l or #arine a"thorities. The agree#ent which the captain #ay #a/e with the #e#bers of the crew and others who go to #a/e "p the co#ple#ent of the vessel to which reference is #ade in Article 60 #"st be red"ced to writing in the acco"nt boo/ witho"t the intervention of a notary p"blic or cler/ of co"rt escribano7 signed by the parties thereto and visaed by the #arine a"thority if they be e(ec"ted in =hilippine territory or by the cons"ls or cons"lar agents of the Rep"blic of the =hilippines if e(ec"ted abroad stating therein all the obligations which each one contracts and all the rights he ac!"ires said a"thorities ta/ing care that these obligations and rights are recorded in a clear and de$nite #anner which give no roo# for do"bts or clai#s. cd The captain shall ta/e care to read to the# the articles of this Code which concern the# stating in said doc"#ent that they were read. If the boo/ contains the re!"isites prescribed in Article 60 and there sho"ld not appear any signs of alterations in its entries it shall be ad#itted as evidence in !"estions which #ay arise between the captain and the crew with respect to the agree#ents contained therein and the a#o"nts paid on acco"nt of the sa#e. Every #e#ber of the crew #ay de#and of the captain a copy signed by the latter of the agree#ent and of the li!"idation of his wages as they appear in the boo/. ARTICLE 615. A sea#an who has been contracted to serve on a vessel #ay not rescind his contract or fail to co#ply therewith e(cept by reason of a legiti#ate i#pedi#ent which #ay have happened to hi#. )either #ay he transfer fro# the service of one vessel to another witho"t obtaining the written per#ission of the captain of the vessel on which he #ay be. If witho"t obtaining said per#ission the sea#an who has signed for one vessel sho"ld sign for another one the second contract shall be void and the captain #ay choose between forcing hi# to f"l$ll the service to which he $rst bo"nd hi#self or at his e(pense to loo/ for a person to s"bstit"tehi#. @"rther#ore he shall lose the wages earned on his $rst contract to the bene$t of the vessel for which he had signed. A captain who /nowing that a sea#an is in the service of another vessel sho"ld have #ade a new agree#ent with hi# witho"t having re!"ired of hi# the per#ission referred to in the preceding paragraphs shall be s"bsidiarily responsible to the captain of the vessel to which the sea#an $rst belonged for that part of the inde#nity referred to in the third paragraph of this article which the sea#an #ay not be able to pay. ARTICLE 616. If there is no $(ed period for which a sea#an has been contracted he #ay not be discharged "ntil the end of the ret"rn voyage to the port where he enlisted. ARTICLE 61&. )either #ay the captain discharge a sea#an d"ring the ti#e of his contract e(cept for ,"st ca"se the following being considered as s"ch< . The perpetration of a cri#e which dist"rbs order on the vessel. 0. Repeated ins"bordination want of discipline or non+f"l$ll#ent of the service. 1. Repeated incapacity and negligence in the f"l$ll#ent of the service he sho"ld render. 2. Babit"al dr"n/enness. 5. Any occ"rrence which incapacitates the sea#an to perfor# the wor/ entr"sted to hi# with the e(ception of that provided in Article 622. 6. >esertion. The captain #ay however before getting o"t on a voyage and witho"t giving any reason ref"se to per#it a sea#an who# he #ay have engaged to go on board and leave hi# on land in which case he will be obliged to pay hi# his wages as if he had rendered services. This inde#nity shall be paid fro# the f"nds of the vessel if the captain sho"ld have acted for reasons of pr"dence and in the interest of the safety and good services of the far#er. ho"ld this not be the case it shall be paid by the captain personally. aisadc After the voyage has beg"n d"ring the sa#e and "ntil the concl"sion thereof the captain #ay not abandon any #e#ber of his crew on land or on sea "nless by reason of so#e cri#e his i#prison#ent and delivery to the co#petent a"thority in the $rst port to"ched sho"ld be proper a #atter obligatory for the captain. ARTICLE 618. If after the crew has been engaged the voyage is revo/ed by the will of the ship agent or of the charterers before or after the vessel has p"t to sea or if the vessel is for the sa#e reason given a destination di9erent fro# that $(ed in the agree#ent with the crew the latter shall be inde#ni$ed on acco"nt of the rescission of the contract according to the cases follows< . If the revocation of the voyage sho"ld be decided "pon before the depart"re of the vessel fro# the port each sailor engaged shall be given one #onth3s salary besides what #ay be d"e hi# in accordance with his contract for the services rendered to the vessel "p to the date of the revocation. 0. If the agree#ent sho"ld have been for a $(ed a#o"nt for the whole voyage that which #ay be d"e for said #onth and days shall be deter#ined in proportion to the appro(i#ate n"#ber of days the voyage sho"ld have lasted in the ,"dg#ent of e(perts in the #anner established in the law of Civil =roced"re' and if the proposed voyage sho"ld be of s"ch short d"ration that it is calc"lated at appro(i#ately one #onth the inde#nity shall be $(ed for $fteen days disco"nting in all cases the s"#s advanced. 1. If the revocation sho"ld ta/e place after the vessel has p"t to sea the sea#en engaged for a $(ed a#o"nt for the voyage shall receive in f"ll the salary which #ay have been o9ered the# as if the voyage had ter#inated' and those engaged by the #onth shall receive the a#o"nt corresponding to the ti#e they #ight have been on board and to the ti#e they #ay re!"ire to arrive at the port of destination the captain being obliged f"rther#ore to pay the sea#en in both cases the passage to the said port or to the port of sailing of the vessel as
#ay be convenient for the#. 2. If the ship agent or the charterers of the vessel sho"ld give it a destination di9erent fro# that$(ed in the agree#ent and the #e#bers of the crew sho"ld not agree thereto they shall be given by way of inde#nity half the a#o"nt $(ed in case )o. besides what #ay be owed the# for the part of the #onthly wages corresponding to the days which have elapsed fro# the date of their agree#ents. If they accept the change and the voyage on acco"nt of the greater distance or of other reasons sho"ld give rise to an increase of wages the latter shall be ad,"sted privately or thro"gh a#icable arbitrators in case of disagree#ent. Even tho"gh the voyage sho"ld be shortened to a nearer point this shall not give rise to a red"ction in the wages agreed "pon. If the revocation or change of the voyage sho"ld co#e fro# the shippers or charterers the agent shall have a right to de#and of the# the inde#nity which #ay be ,"stly d"e. ARTICLE 61*. If the revocation of the voyage sho"ld arise fro# a ,"st ca"se independent of the will of the ship agent and charterers and the vessel sho"ld not have left the port the #e#bers of the crew shall have no other right than to collect the wages earned "p to the day on which the revocation too/ place. ARTICLE 62-. The following shall be ,"st ca"ses for the revocation of the voyage. . A declaration of war or interdiction of co##erce with the power to whose territory the vessel was bo"nd. 0. The bloc/ade of the port of its destination or the brea/ing o"t of an epide#ic after the agree#ent. 1. The prohibition to receive in said port the goods which #a/e "p the cargo of the vessel. 2. The detention or e#bargo of the sa#e by order of the govern#ent or for any other reason independent of the will of the ship agent. 5. The inability of the vessel to navigate. cdasia ARTICLE 62. If after a voyage has been beg"n any of the $rst three ca"ses #entioned in the foregoing article sho"ld occ"r the sailors shall be paid at the port which the captain #ay dee# advisable to #a/e for the bene$t of the vessel and cargo according to the ti#e they #ay have served thereon' b"t if the vessel is to contin"e its voyage the captain and the crew #ay #"t"ally de#and the enforce#ent of the contract. In case of the occ"rrence of the fo"rth ca"se the crew shall contin"e to be paid half wages if the agree#ent is by #onth' b"t if the detention sho"ld e(ceed three #onths the contract shall be rescinded and the crew shall be paid what they sho"ld have earned according to the contract if the voyage had been concl"ded. And if the agree#ent sho"ld be for a $(ed s"# for the voyage the contract #"st be co#plied within the ter#s agreed "pon. In the $fth case the crew shall have no other right than to collect the wages earned' b"t if the disability of the vessel sho"ld have been ca"sed by the negligence or lac/ of s/ill of the captain engineer or sailing #ate they shall inde#nify the crew for the da#ages s"9ered always witho"t pre,"dice to the cri#inal liability which #ay be proper. ARTICLE 620. If the crew have been engaged on shares they shall not be entitled by reason of the revocation delay or greater e(tension of the voyage to anything b"t the proportionate part of the inde#nity which way be paid into the co##on f"nds of the vessel by the persons liable for said occ"rrences. ARTICLE 621. If the vessel and her cargo sho"ld be totally lost by reason of capt"re or wrec/ all rights shall be e(ting"ished both as regards the crew to de#and any wages whatsoever and as regards the ship agent to recover the advances #ade. If a portion of the vessel or of the cargo or of both sho"ld be saved the crew engaged on wages incl"ding the captain shall retain their rights on the salvage so far as they go on the re#ainder of the vessel as well as on the a#o"nt of the freightage of the cargo saved' b"t sailors who are engaged on shares shall not have any right whatsoever on the salvage of the h"ll b"t only on the portion of the freightage saved. If they sho"ld have wor/ed to recover the re#ainder of the shipwrec/ed vessel they shall be given fro# the a#o"nt of the salvage an award in proportion of the e9orts #ade and to theris/s enco"ntered in order to acco#plish the salvage. ARTICLE 622. A sea#an who falls sic/ shall not lose his right to wages d"ring the voyage "nless the sic/ness is the res"lt of his own fa"lt. At any rate the costs of the attendance and c"re shall be defrayed fro# the co##on f"nds in the for# of a loan. If the sic/ness sho"ld co#e fro# an in,"ry received in the service or defense of the vessel the sea#an shall be attended and c"red at the e(pense of the co##on f"nds ded"cting before anything else fro# the proceeds of the freightage the cost of the attendance and c"re. ARTICLE 625. If a sea#an sho"ld die d"ring the voyage his heirs will be given the wages earned and not received according to his contract and the ca"se of his death na#ely D If he died a nat"ral death and was engaged on wages that which #ay have been earned "p to the date of his death shall be paid. If the contract was for a $(ed s"# for the whole voyage half the a#o"nt earned shall be paid if the sea#en died on the voyage o"t and the whole a#o"nt if he died on the ret"rn voyage. And if the contract was on shares and death occ"rred after the voyage was beg"n the heirs shall be paid the entire portion d"e the sea#an' b"t if the latter died before the depart"re of the vessel fro# the port the heirs shall not be entitled to clai# anything. If death occ"rred in the defense of the vessel the sea#an shall be considered as living and his heirs shall be paid at the end of the voyage the f"ll a#o"nt of wages or the integral part of the pro$ts which #ay be d"e hi# as to others of his class. In the sa#e #anner the sea#an capt"red while defending the vessel shall be considered present so as to en,oy the sa#e bene$ts as the rest' b"t sho"ld he have been capt"red on acco"nt of carelessness or other accident not related to the service he shall only receive the wages d"e "p to the day of his capt"re. ARTICLE 626. The vessel with her engines rigging e!"ip#ent and freightage shall he liable for the wages earned by the crew engaged per #onth or for the trip the li!"idation and pay#ent to ta/e place between one voyage and the other. After a new voyage has been "nderta/en credits of s"ch /ind
pertaining to the preceding voyage shall lose their right of preference. ARTICLE 62&. The o9icers and the crew of the vessel shall be free fro# all obligations if they dee# it proper in the following cases< . If before beginning the voyage the captain atte#pts to change it or a naval war with the power to which the vessel was destined occ"rs. 0. If a disease sho"ld brea/ o"t and be o9icially declared an epide#ic in the port of destination. 1. If the vessel sho"ld change owner or captain. ARTICLE 628. %y the co#ple#ent of a vessel shall be "nderstood all the persons on board fro# the captain to the cabin boy necessary for the #anage#ent #ane"vers and service and therefore the co#ple#ent shall incl"de the crew the sailing #ates engineers sto/ers and other e#ployees on board not having speci$c designations' b"t it shall not incl"de the passengers or the persons who# the vessel is transporting. ECTI:) @:R =ERCARF:E ARTICLE 62*. "percargoes shall discharge on board the vessel the ad#inistrative d"ties which the ship agent or the shippers #ay have assigned to the#' they shall /eep an acco"nt and record of their transactions in a boo/ which shall have the sa#e conditions and re!"isites as re!"ired for the acco"nting boo/ of the captain and they shall respect the latter in his capacity as chief of the vessel. cdtai The powers and responsibilities of the captain shall cease when there is a s"percargo with regard to that part of the ad#inistration legiti#ately conferred "pon the latter b"t shall contin"e in force for all acts which are inseparable fro# his a"thority and o9ice.ARTICLE 65-. All the provisions contained in the second section of Title III %oo/ II with regard to capacity #anner of #a/ing contracts and liabilities of factors shall be applicable to s"percargoes. ARTICLE 65. "percargoes #ay not witho"t special a"thori4ation or agree#ent #a/e any transaction for their own acco"nt d"ring the voyage with the e(ception of the vent"res which in accordance with the c"sto# of the port of destination they are per#itted to do. )either shall they be per#itted to invest in the ret"rn trip #ore than the pro$ts fro# the vent"res "nless there is an e(press a"thori4ation fro# the principals. TITLE TBREE =ECIAL C:)TRACT :@ ?ARITI?E C:??ERCE ECTI:) :)E CBARTER =ARTIE =ART I @:R? A)> E@@ECT :@ CBARTER =ARTIE ARTICLE 650. A charter party #"st be drawn in d"plicate and signed by the contracting parties and when either does not /now how or is not able to do so by two witnesses at his re!"est. The charter party shall contain besides the conditions freely stip"lated the following circ"#stances< . The /ind na#e and tonnage of the vessel. 0. Its ag and port of registry. 1. The na#e s"rna#e and do#icile of the captain. 2. The na#e s"rna#e and do#icile of the ship agent if the latter sho"ld #a/e the charter party. 5. The na#e s"rna#e and do#icile of the charterer' and if he states that he is acting by co##ission that of the person for whose acco"nt he #a/es the contract. 6. The port of loading and "nloading. &. The capacity n"#ber of tons or the weight or #eas"re#ent which they respectively bind the#selves to load and to transport or whether the charter party is total. 8. The freightage to be paid stating whether it is to be a $(ed a#o"nt for the voyage or so #"ch per #onth or for the space to be occ"pied or for the weight or #eas"re of the goods of which the cargo consists or in any other #anner whatsoever agreed "pon. *. The a#o"nt of pri#age to be paid to the captain. -. The days agreed "pon for loading and "nloading. . The lay days and e(tra lay days to be allowed and the de#"rrage to be paid for each of the#. ARTICLE 651. If the cargo sho"ld be received witho"t the charter party having been signed the contract shall be "nderstood as e(ec"ted in accordance with what appears in the bill of lading the sole evidence of title with regard to the cargo for deter#ining the rights and obligations of the ship agent of the captain and of the charterer. cdt ARTICLE 652. The charter parties e(ec"ted with the intervention of a bro/er who certi$es to the a"thenticity of the signat"res of the contracting parties beca"se they were signed in his presence shall be f"ll evidence in co"rt' and if they sho"ld be conicting that which accords with one which the bro/er #"st /eep in his registry if /ept in accordance with law shall govern. The contracts shall also be ad#itted as evidence even tho"gh a bro/er has not ta/en part therein if the contracting parties ac/nowledge the signat"res to be the sa#e as their own. If no bro/er has intervened in the charter party and the signat"res are not ac/nowledged do"bts shall be decided by what is provided for in the bill of lading and in the absence thereof by the proofs s"b#itted by the parties. ARTICLE 655. Charter parties e(ec"ted by the captain in the absence of the ship agent shall be valid and e9ective even tho"gh in e(ec"ting the# he sho"ld have acted in violation of the orders and instr"ctions of the ship agent or shipowner' b"t the latter shall have a right of action against the captain for inde#ni$cation of da#ages.ARTICLE 656. If in the charter party the ti#e in which the loading and "nloading are to ta/e place is not stated the "sages of the port where these acts ta/e place shall be observed. After the stip"lated or the c"sto#ary period has passed and there is no e(press proviso in the charter party $(ing the inde#nity for the delay the captain shall be entitled to de#and de#"rrage for the lay days and e(tra lay days which #ay have elapsed in loading and "nloading. ARTICLE 65&. If d"ring the voyage the vessel sho"ld be rendered "nseaworthy the captain shall be obliged to charter at his e(pense another one in good condition to receive the cargo and carry it to its destination for which p"rpose he shall be obliged to loo/ for a vessel not only at the port of arrival b"t also in the neighborhood within distance of 5- /ilo#eters. If the captain thro"gh indolence or #alice sho"ld not f"rnish a vessel to its destination the shippers after re!"iring the captain to charter a vessel within an ine(tendible period #ay charter one and petition the ,"dicial a"thority to s"##arily approve the charter party which they #ay have #ade. The sa#e a"thority shall ,"dicially por la via
de appre#io7 co#pel the captain to carry o"t for his acco"nt and "nder his responsibility the charter #ade by the shippers. If the captain notwithstanding his diligence sho"ld not $nd a vessel for the charter he shall deposit the cargo at the disposal of the shippers to who# he shall co##"nicate the facts on the $rst opport"nity which presents itself the freight being ad,"sted in s"ch cases by the distance covered by the vessel with no right to any inde#ni$cation whatsoever. ARTICLE 658. The freightage shall accr"e according to the conditions stip"lated in the contract and sho"ld they not be e(pressed or sho"ld they be a#big"o"s the following r"les shall be observed< . If the vessel has been chartered by #onths or by days the freightage shall begin to r"n fro# the day the loading of the vessel is beg"n. 0. In charters #ade for a $(ed period the freightage shall begin to r"n fro# that very day. 1. If the freightage is charged according to weight the pay#ent shall be #ade according to gross weight incl"ding the containers s"ch as barrels or any other ob,ects in which the cargo is contained. ARTICLE 65*. The #erchandise sold by the captain to pay for the necessary repairs to the h"ll #achinery or e!"ip#ent or for "navoidable and "rgent needs shall pay freightage. cdt The price of this #erchandise shall be $(ed according to the res"lt of the voyage na#ely< . If the vessel sho"ld arrive safely at the port of destination the captain shall pay the price which the sale of #erchandise of the sa#e /ind brings at that port. 0. If the vessel sho"ld be lost the captain shall pay the price reali4ed fro# said #erchandise in the sale. The sa#e r"le shall be observed in the pay#ent of the freightage which shall be in f"ll if the vessel arrives at her destination and in proportion to the distance covered if she sho"ld be lost before arrival. ARTICLE 66-. ?erchandise ,ettisoned for the co##on safety shall not pay freightage' b"t the a#o"nt of the latter shall be considered as general average co#p"ting the sa#e in proportion to the distance covered when they were ,ettisoned. ARTICLE 66. )either #erchandise lost by reason of shipwrec/ or stranding nor those sei4ed by the pirates or ene#ies shall pay freightage. If the freightage sho"ld have been paid in advance it shall be ret"rned "nless there is an agree#ent to the contrary. ARTICLE 660. If the vessel or the #erchandise sho"ld be redee#ed or the e9ects of the shipwrec/ be salvaged the freightage corresponding to the distance covered by the vessel transporting the cargo shall be paid' and sho"ld the vessel after being repaired transport said #erchandise to the port of destination the f"ll freightage shall be paid witho"t pre,"dice to what #ay be d"e by reason of the average. ARTICLE 661. ?erchandise which s"9er deterioration or di#in"tions on acco"nt of inherent defects or bad !"ality and condition of the pac/ing or beca"se of fort"ito"s event shall pay freightage in f"ll and as stip"lated in the charter party.ARTICLE 662. The nat"ral increase in weight or si4e of the #erchandise loaded on the vessel shall accr"e to the bene$t of the owner and shall pay the proper freightage $(ed in the contract for the sa#e. ARTICLE 665. The cargo shall be specially liable for the pay#ent of the freightage e(penses and d"ties arising therefro# which #"st be rei#b"rsed by the shippers as well as for the part of the general average which #ay correspond to it' b"t it shall not be legal for the captain to delay "nloading on acco"nt of s"spicion that this obligation #ay not be co#plied with. ho"ld there be reasons for distr"st the ,"dge or co"rt at the instance of the captain #ay order the deposit of the #erchandise "ntil he has been paid in f"ll. ARTICLE 666. The captain #ay re!"est the sale of the cargo to the a#o"nt necessary to pay the freightage e(penses and averages d"e hi# reserving the right to de#and the balance d"e hi# therefor if the proceeds of the sale sho"ld not s"9ice to cover his credit. ARTICLE 66&. The goods loaded shall be liable in the $rst place for the freight and e(penses thereof d"ring twenty days to be co"nted fro# the date of their delivery or deposit. >"ring this period the sale of the sa#e #ay be re!"ested even tho"gh there be other creditors and the ban/r"ptcy of the shipper or consignee sho"ld occ"r. This right #ay not he #ade "se of however on the goods which after being delivered were t"rned over to a third person witho"t #alice on the part of the latter and for a val"able consideration. cdasia ARTICLE 668. If the consignee sho"ld not be fo"nd or sho"ld ref"se to receive the cargo the ,"dge or co"rt at the instance of the captain shall order its deposit and the sale of what #ay be necessary to pay the freightage and other e(penses on the sa#e. The sale shall li/ewise be allowed when the goods deposited r"n the ris/ of deteriorating or by reason of their condition or other circ"#stances the e(penses of preservation and c"stody sho"ld be disproportionate. =ART 0 RIFBT A)> :%LIFATI:) :@ BI=:;)ER ARTICLE 66*. The shipowner or the captain shall observe in charter parties the capacity of the vessel or that e(pressly designated in its registry a di9erence greater than 0 per cent between that stated and her tr"e capacity not being per#issible. If the shipowner or the captain sho"ld contract to carry a greater a#o"nt of cargo than the vessel can carry in view of her tonnage they shall inde#nify the shippers whose contracts they do not f"l$ll for the losses they #ay have ca"sed when by reason of their defa"lt according to the following cases vi4< If the vessel has been chartered by one shipper only and there sho"ld appear to be an error or fra"d in her capacity and the charterer sho"ld not wish to rescind the contract when he has a right to do so the freightage shall he red"ced in proportion to the cargo which the vessel can not receive the person fro# who# the vessel is chartered being f"rther#ore obliged to inde#nify the charterer for the losses he #ay have ca"sed hi#. If on the contrary there sho"ld be several charter parties and by reason of want of space all the cargo contracted for cannot be loaded and none of the charterers desires to rescind the contract preference shall be given to the person who has already loaded and arranged the freight in the vessel and the rest shall ta/e the places corresponding to the# in the order of the dates
of their contracts. ho"ld there be no priority the charterers #ay load if they wish in proportion to the a#o"nts of weight or space for which each #ay have contracted and the person fro# who# the vessel was chartered shall he obliged to inde#nify the# for losses and da#ages. ARTICLE 6&-. If the person fro# who# the vessel is chartered after receiving a part of the freight sho"ld not $nd s"9icient to #a/e "p at least three+$fths of the a#o"nt which the vessel #ay hold at the price he #ay have $(ed he #ay s"bstit"te for the transportation another vessel inspected and declared s"itable for the sa#e voyage the e(penses of transfer and the increase in the price of the charter sho"ld there be any being for his acco"nt. ho"ld he not be able to #a/e this change he shall"nderta/e the voyage at the ti#e agreed "pon' and sho"ld no ti#e have been $(ed within $fteen days fro# the ti#e the loading began "nless otherwise stip"lated. If the owner of the part of the freight already loaded sho"ld proc"re so#e #ore at the sa#e price and "nder si#ilar or proportionate conditions to those accepted for the freight received the person fro# who# the vessel is chartered or the captain can not ref"se to accept the rest of the cargo' and sho"ld he do so the shipper shall have a right to de#and that the vessel p"t to sea with the cargo which it #ay have on board. ARTICLE 6&. After three+$fths of the vessel has been loaded the person fro# who# she is chartered #ay not witho"t the consent of the charterers or shippers s"bstit"te the vessel designated in the charter party by another one "nder the penalty of #a/ing hi#self thereby liable for all the losses and da#ages occ"rring d"ring the voyage to the cargo of those who did not consent to the change. ARTICLE 6&0. If the vessel has been chartered in whole the captain #ay not witho"t the consent of the charterer accept cargo fro# any other person' and sho"ld he do so said charterer #ay oblige hi# to "nload it and to inde#nify hi# for the losses s"9ered thereby. ARTICLE 6&1. The person fro# who# the vessel is chartered shall he liable for all the losses ca"sed to the charterer by reason of the vol"ntary delay of the captain in p"tting to sea according to the r"les prescribed provided he has been re!"ested notarially or ,"dicially to p"t to sea at the proper ti#e. ARTICLE 6&2. If the charterer sho"ld carry to the vessel #ore cargo than that contracted for the e(cess #ay be ad#itted in accordance with the price stip"lated in the contract if it can be well stowed witho"t in,"ring the other shippers' b"t if in order to load it the vessel wo"ld be thrown o"t of tri# the captain #"st ref"se it or "nload it at the e(pense of its owner. In the sa#e #anner the captain #ay before leaving the port "nload #erchandise clandestinely placed on board or transport the# if he can do so with the vessel in tri# de#anding by way of freightage the highest price which #ay have been stip"lated for said voyage. ARTICLE 6&5. If the vessel has been chartered to receive the cargo in another port the captain shall appear before the consignee designated in the charter party' and sho"ld the latter not deliver the cargo to hi# he shall infor# the charterer and wait his instr"ctions the lay days agreed "pon or those allowed by c"sto# in the port beginning to r"n in the #eanti#e "nless there is an e(press agree#ent to the contrary. ho"ld the captain not receive an answer within the ti#e necessary therefor he shall #a/e e9orts to $nd freight' and sho"ld he not $nd any after the lay days and e(tra lay days have elapsed he shall #a/e a protest and ret"rn to the port where the charter was #ade. The charterer shall pay the freightage in f"ll disco"nting that which #ay have been earned on the #erchandise which #ay have been carried on the voyage o"t or on the ret"rn trip if carried for the acco"nt of third persons. The sa#e shall be done if a vessel having been chartered for the ro"nd trip sho"ld not be given any cargo on its ret"rn. ARTICLE 6&6. The captain shall lose the freightage and shall inde#nify the charterers if the latter sho"ld prove even against the certi$cate of inspection if one has been #ade at the port of depart"re that the vessel was not in a condition to navigate at the ti#e of receiving the cargo. ARTICLE 6&&. The charter party shall s"bsist if a declaration of war or a bloc/ade sho"ld ta/e place d"ring the voyage the captain not having any instr"ctions fro# the charterer. In s"ch case the captain #"st proceed to the nearest safe and ne"tral port re!"esting and awaiting orders fro# the shipper and the e(penses and salaries paid d"ring the detention shall be paid as general average. If by orders of the shipper the cargo sho"ld be discharged at the port of arrival the freightage for the voyage o"t shall be paid in f"ll. ARTICLE 6&8. If the ti#e necessary in the opinion of the ,"dge or co"rt to receive the orders of the shipper sho"ld have elapse witho"t the captain having received any instr"ctions the cargo shall bedeposited and it shall be liable for the pay#ent of the freightage and e(penses on its acco"nt d"ring the delay which shall be paid fro# the proceeds of the part $rst sold. =ART 1 :%LIFATI:) :@ CBARTERER ARTICLE 6&*. The charterer of an entire vessel #ay s"b+charter the whole or part thereof on s"ch ter#s as he #ay consider #ost convenient the captain not being allowed to ref"se to receive on board the freight delivered by the second charterers provided that the conditions of the $rst charter are not change and that the price agreed "pon is paid in f"ll to the person fro# who# the vessel is chartered even tho"gh the f"ll cargo is not e#bar/ed with the li#itation established in the ne(t article. cdtai ARTICLE 68-. A charterer who does not co#plete the f"ll cargo he bo"nd hi#self to ship shall pay the freightage of the a#o"nt he fails to ship if the captain does not ta/e other freight to co#plete the load of the vessel in which case the $rst charterer shall pay the di9erence sho"ld there be any. ARTICLE 68. If the charterer sho"ld load goods di9erent fro# those stated at the ti#e of e(ec"ting the charter party witho"t the /nowledge of the person fro# who# the vessel was chartered or of the captain and sho"ld thereby give rise to losses by reason of con$scation e#bargo detention or other ca"ses to the person fro# who# the vessel was
chartered or to the shippers the person giving rise thereto shall be liable with the val"e of his ship#ent and f"rther#ore with his property for the f"ll inde#nity to all those in,"red thro"gh his fa"lt. ARTICLE 680. If the #erchandise sho"ld have been shipped for the p"rpose of illicit co##erce and were ta/en on board with the /nowledge of the person fro# who# the vessel was chartered or of the captain the latter ,ointly with the owner of the sa#e shall be liable for all the losses which #ay be ca"sed the other shippers' and even tho"gh it #ay have been stip"lated they can not de#and any inde#nity whatsoever fro# the charterer for the da#aged ca"sed to the vessel. ARTICLE 681. In case of #a/ing a port to repair the h"ll #achinery or e!"ip#ent of the vessel the shippers #"st await "ntil the vessel is repaired being per#itted to "nload it at their own e(pense sho"ld they dee# it proper. If for the bene$t of the cargo s"b,ect to deterioration the shippers or the co"rt or the cons"l or the co#petent a"thority in a foreign co"ntry sho"ld order the #erchandise to be "nloaded the e(penses of "nloading and reloading shall be for the acco"nt of the for#er. ARTICLE 682. If the charterer witho"t the occ"rrence of any of the cases of force #a,e"re #entioned in the foregoing article sho"ld wish to "nload his #erchandise before arriving at the port of destination he shall pay the f"ll freightage the e(penses of the arrival #ade at his re!"est and the losses and da#ages ca"sed the other shippers sho"ld there be any. ARTICLE 685. In charters for transportation of general freight any of the shippers #ay "nload the #erchandise before the beginning of the voyage paying one+half of the freightage the e(pense of stowing and restowing the cargo and any other da#age which for his reason he #ay ca"se the other shippers. ARTICLE 686. After the vessel has been "nloaded and the cargo placed at the disposal of the consignee the latter #"st i##ediately pay the captain the freightage d"e and the other e(penses for which said cargo #ay be liable. The pri#age #"st be paid in the sa#e proportion and at the sa#e ti#e as the freightage all the changes and #odi$cations to which the latter sho"ld be s"b,ect also governing the for#er. ARTICLE 68&. The charterers and shippers #ay not abandon #erchandise da#aged on acco"nt of inherent defect or fort"ito"s event for the pay#ent of the freightage and other e(penses. aisadc The abandon#ent shall be proper however if the cargo sho"ld consist of li!"ids and they have lea/ed o"t nothing re#aining in the containers b"t one+fo"rth part of their contents. =ART 2 T:TAL :R =ARTIAL RECII:) :@ CBARTER =ARTIEARTICLE 688. A charter party #ay be rescinded at the re!"est of the charterer< . If before loading the vessel he sho"ld not agree with that stated in the certi$cate of tonnage or if there sho"ld be an error in the state#ent of the ag "nder which she sails. 0. If the vessel sho"ld not be placed at the disposal of the charterer within the period and in the #anner agreed "pon. 1. If after the vessel has p"t to sea she sho"ld ret"rn to the port of depart"re on acco"nt of ris/ fro# pirates ene#ies or bad weather and the shippers sho"ld agree to "nload her. In the second and third cases the person fro# who# the vessel was chartered shall inde#nify the charterer for the voyage o"t. 2. If the charter sho"ld have been #ade by the #onths the charterers shall pay the f"ll freightage for one #onth if the voyage is for a port in the sa#e waters and for two #onths if for a port in di9erent waters. @ro# one port to another of the =hilippines and ad,acent islands the freightage for one #onth only shall be paid. 5. If the vessel sho"ld #a/e a port d"ring the voyage in order to #a/e "rgent repairs and the charterers sho"ld prefer to dispose of the #erchandise. ;hen the delay does not e(ceed thirty days the shippers shall pay the f"ll freightage for the voyage o"t. ho"ld the delay e(ceed thirty days they shall only pay the freightage in proportion to the distance covered by the vessel. ARTICLE 68*. At the re!"est of the person fro# who# the vessel is chartered the charter party #ay be rescinded< . If the charterer at the ter#ination of the e(tra lay days does not place the cargo alongside the vessel. In s"ch case the charterer #"st pay half the freight stip"lated besides the de#"rrage d"e for the lay days and e(tra lay days. 0. If the person fro# who# the vessel was chartered sho"ld sell it before the charterer has beg"n to load it and the p"rchaser sho"ld load it for his own acco"nt. In s"ch case the vendor shall inde#nify the charterer for the losses he #ay s"9er. If the new owner of the vessel sho"ld not load it for his own acco"nt the charter party shall be respected and the vendor shall inde#nify the p"rchaser if the for#er did not infor# hi# of the charter pending at the ti#e of #a/ing the sale. ARTICLE 6*-. The charter party shall be rescinded and all actions arising therefro# shall be e(ting"ished if before the vessel p"ts to sea fro# the port of depart"re any of the following cases sho"ld occ"r< . A declaration of war or interdiction of co##erce with the power to whose ports the vessel was to #a/e its voyage. 0. A condition of bloc/ade of the port of destination of said vessel or the brea/ing o"t of an epide#ic after the contract was e(ec"ted. 1. The prohibition to receive at the said port the #erchandise constit"ting the cargo of the vessel. 2. An inde$nite detention by reason of an e#bargo of the vessel by order of the govern#ent or for any other reason independent of the will of the ship agent. 5. The inability of the vessel to navigate witho"t fa"lt of the captain or ship agent. The "nloading shall be #ade for the acco"nt of the charterer. ARTICLE 6*. If the vessel cannot p"t to sea on acco"nt of the closing of the port of depart"re or any other te#porary ca"se the charter shall re#ain in force with neither one of the contracting parties having a right to clai# da#ages. The s"bsistence and wages of the crew shall be considered as general average. >"ring the interr"ption the charterer #ay at the proper ti#e and for his own acco"nt "nload and loadthe #erchandise paying de#"rrage if he delays the reloading after the ca"se for the detention has ceased. ARTICLE 6*0. A charter party shall be partially rescinded "nless there
is an agree#ent to the contrary and the captain shall only be entitled to the freightage for the voyage o"t if by reason of a declaration of war closing of ports or interdiction of co##ercial relations d"ring the voyage the vessel sho"ld #a/e the port designated for s"ch a case in the instr"ctions of the charterer. R.A 8522< SEC.4 Defnition o Terms. – (a) “ Practice o Merchant Marine Proession” –
shall reer to the proession reqirin! the application o n"amental an" #no$n principles o na%i!ation& seamanship an" en!ineerin! to the pecliar con"ition an" reqirements o on 'oar" mana!ement& operation an" maintenance o main proplsion an" ailiar en!ines& sta'ilit an" trim o the %essel an" car!o han"lin!. *t shall also co%er 't $ill not 'e limite" to the ollo$in!+ (,) The proper han"lin! an" sto$a!e o car!oes on 'oar" ship $hich incl"es the sae carria!e o passen!ers rom port o ori!in to port o "estination- () The sae $atch#eepin! o the %essel/s na%i!ation in accor"ance $ith the 0les o the 0oa" at Sea- (1) The Maritime E"cation an" Trainin! o Ca"ets an" other Marine Proessionals- (4) Emploment $ith !o%ernment& pro%i"e" sch item or positions reqires that #no$le"!e an" epertise o a Merchant Marine 23cer. (') “Merchant Marine essel” shall appl onl to the commercial ships& propelle" ' machiner& p'lic or pri%ate& strictl en!a!e" in maritime commerce& 'oth sea!oin! an"5or near coastal tra"e& %essels en!a!e" in the trainin! o ca"ets or the merchant marine proession& an" noncom'atant %essels o the Philippine 6o%ernment. (c) “Merchant Marine 23cer” shall reer to marine "ec# or en!ineer o3cer. (") “Merchant Marine Dec# 23cer” shall reer to a "l re!istere"& certife" an" license" master mariner& chie mate an" o3cer7in7char!e o a na%i!ational $atch. (e) “Merchant Marine En!ineer 23cer” shall reer to a "l re!istere"& certife" an" license" chie en!ineer& secon" en!ineer an" o3cer7in7char!e o an en!ineerin! $atch in a manne" en!ine7room or "esi!nate" "t en!ineer in a perio"icall nmanne" en!ine7room an" coastal en!ineer. P08CT*CE 29 M80*:E DEC; 8:D E:6*:EE0 299*CE0 SEC.<. Practice o Merchant Marine Proession. 7 :o person shall practice or o=er to practice the merchant marine proession in the Philippines or o=er himsel as a marine "ec#5en!ineer o3cer& or se the title& $or"& letter& f!re or an si!n ten"in! to con%e the impression that he is a marine "ec#5en!ineer o3cer& or a"%ertise or in"icate in an manner $hatsoe%er that he is qalife" to perorm the $or# o a marine "ec#5en!ineer o3cer nless he has satisactoril passe" the licensre eamination !i%en ' the >oar" an" is a hol"er o a %ali" Certifcate o 0e!istration an" Certifcate o Competenc "l isse" to him ' the >oar" o Marine Dec#5En!ineer 23cers. *n compliance $ith the STC? /<@ con%ention an" its amen"ments& the person hol"in! senior merchant marine licenses namel& the person hol"in! senior merchant marine licenses namel& the master& chie o3cer& chie en!ineer an" secon" en!ineers mst 'e a'le to nction n"er the mana!ement le%el o responsi'ilit $hile the o3cers in7 char!e o na%i!ational an" en!ineerin! $atch mst 'e a'le to nction n"er the operational le%el o responsi'ilit. SEC.@. 0eco!nition o Certifcates. 7 8 orei!ner hol"in! a Certifcate o Competenc isse" ' his national a"ministration in accor"ance $ith STC? /<@ Con%ention& as amen"e"& reqirements shall 'e isse" special "ispensation to ser%e on 'oar" a Philippine re!istere" %essel en!a!e" in the international tra"e+ Pro%i"e"& That the Philippine Certifcate o Competenc isse" an" en"orse" ' the >oar" shall 'e reciprocall reco!niAe" ' the sai" orei!n national a"ministration to allo$ the 9ilipino merchant marine practice his proession on 'oar" the orei!ner/s Ba! %essel.