Arrival Under Stress and Shipwrecks

Arrival Under Stress and
Shipwrecks
Kevin O. Clelo
Melody M. Ponce de Leon
Arrival Under Stress
• Arrival of a vessel at a port or destination
• Determination > well founded fear of seizure
• Who will make the protest?

• The captain must make a protest
Steps to be taken
• 1.) Captain will determine if there is a well
founded fear of seizure during the voyage
• 2.) Captain will assemble the officers
• 3.) Captain shall summon the persons interested
in the cargo
• 4.) The officers shall determine and agree the
well founded reason;
• 5.) Agreement shall be drafted
• 6.) The protests shall be included in the minutes
Protest
- The captain has the duty to:
Present himself when making a port in distress
> it is the obligation of the ship captain to make
the proper protest in due form at the 1st port of
arrival
> before the competent authority or the
Philippine consul
> within 24 hours
> specifying therein all the incidents of the
wreck.
When not lawful
• 1.) Lack of provisions > negligence
• 2.) Risk of enemy > unknown
• 3.) Defect > improper repairs
• 4.) Malice, unskilled captain, lack of foresight

Who will bear the expenses
• IF proper > Shipowner or agent – expenses of

arrival
• IF improper > Shipowner and agent – Solidarily

liable – damages
• Note: After the cessation of the cause of arrival

of stress > captain must continue or else he will
be liable
Unloading of cargo to make repairs
In order to make (1) repairs to the vessel or because there is danger
that the (2) cargo may suffer damage:
> The captain must request authorization from court for said removal.
> It must be done with the knowledge of the interested person or his
representative.
> If in a foreign port, authorization will be given by the Philippine

Consul.
• For repairs of the vessel > expenses shall be borne by the

owner/ship agent (one who benefitted)
• For the cargos > expenses shall be borne by the owners
• For both > divided proportionately between the value of the vessel
and that of the cargo.
Custody of cargo
> Custody and preservation of the cargo which
have been unloaded shall be entrusted to the captain.
> He shall be responsible for then except in cases of

force majeur.
> Captain should justify the legality of his conduct

in selling the cargo, after request from competent
judge/court, should the cargo or part of it should
appear damaged or in danger of being damaged.
Liability of captain
> Captian shall be responsible for the damages
caused by his delay.
> If the cause of arrival should have been the fear

of enemies, privateers, or pirates, a deliberation
and resolution in a meeting of the officers and
persons interested with the cargo who may be
present, in accordance to Art 819, preceding the
departure.
SHIPWRECKS
• The demolition or shattering of a vessel caused
by her driving ashore or on rocks and shoals by:
1.) Driving ashore rocks and shoals
2.) Violence of winds
3.) Waves in tempest
• If the wreck is due to the captain’s fault >

damages
1. Art 842 – The goods saved from the wreck to
be specially bound for the payment of the
expenses f the respective salvage
1. Art 844 - The captain taking on-board the

goods saved from the wreck to continue his
course to the port of destination and upon
arrival he should deposit the goods
CHARTER PARTIES
>no payment for freightage is necessary for
merchandis lost by reason of
• shipwreck
• stranding
• siezed by pirates
> if freightage was paid in advance, it will be

refunded.
LOAN
> In case of shipwreck:
• the amount liable for the payment of the loan
shall be reduced to the proceeds of the
goods saved, after deducting the cost of
salvage.
• if the loan is on the vessel or any of its
part, the freightage earned during the
voyage for which said loan was contracted.
> If the same vessel or cargo should be the object
of the loan on bottomry or respondentia and
marine insurance:
• the value of what may be saved in case of
shipwreck, shall be divided between the
lender and the insurer, in proportion to the
legitimate interest of each one.

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Arrival Under Stress and

• Who will make the protest?

• 2.) Risk of enemy > unknown

• 3.) Defect > improper repairs

• 4.) Malice, unskilled captain, lack of foresight

• IF proper > Shipowner or agent – expenses of

• IF improper > Shipowner and agent – Solidarily

• Note: After the cessation of the cause of arrival

> If in a foreign port, authorization will be given by the Philippine

• For repairs of the vessel > expenses shall be borne by the

> He shall be responsible for then except in cases of

> Captain should justify the legality of his conduct

> If the cause of arrival should have been the fear

• If the wreck is due to the captain’s fault >

1. Art 844 - The captain taking on-board the

> if freightage was paid in advance, it will be

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