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The person entrusted with provisioning or representing the vessel in the port in which it
may be found. Hence, whether acting as agent of the owner of the vessel or as agent of
the charterer, he will be considered as the ship agent and may be held liable as such, as
long as he is the one that provisions or represents the vessel. (Macondray & Co., Inc. v.
Provident Insurance Corp, G.R. No. 154305, Dec. 9, 2004)
What are the powers, functions, and liabilities of ship agents?
1. Indemnity for expenses incurred for ships benefit.
2. Discharge of captain and/or crew members. The following are the rules observed
by the ship agent:
a. Captain and/or crew members contract not for a definite period or voyage:
i. Before vessel sets out to sea: Ship agent at his discretion may discharge the
captain and members of the crew. Ship agent must pay captain and/or crew members
salaries earned according to their contracts, and without any indemnity whatsoever,
unless there is an expressed agreement;
ii. During voyage: Captain and/or crew member shall receive salary until return to
the port where contract was made. Article 637 of the Code of Commerce enumerates
the just causes for discharge.
b. Where captain and members of the crews contracts with ship agent be for a
definite period or voyage:
i. Captain and/or crew members may not be discharged until after the fulfillment
of their contracts, except by reason of insubordination in serious matters, robbery, theft,
habitual drunkenness, or damage caused to the vessel or to its cargo through malice or
manifest or proven negligence. (Art. 605, Code of Commerce)
ii. If the captain should be the vessels co-owner, he may not be discharged
unless ship agent returns his amount of interest therein. In the absence of agreement
between the parties, interest shall be appraised by experts appointed in the manner
established by civil procedure.
In what causes shall the captain be not liable for loss or injury to persons or
cargo?
1. Force majeure
2. Obligations contracted for the vessels benefit, except when the captain expressly
agrees to be liable.
In what cases shall the ship owner/agent be liable to the damages caused by the
captain?
1. Damages suffered by the vessel and its cargo by reason of want of skill or
negligence on his part
2. Thefts committed by the crew, reserving his right of action against the guilty
parties;
3. Losses, fines, and confiscations imposed an account of violation of customs,
police, health, and navigation laws and regulations;
4. Losses and damages caused by mutinies on board the vessel or by reason of
faults committed by the crew in the service and defense of the same, if he does
not prove that he made timely use of all his authority to prevent or avoid them;
5. Those caused by the misuse of the powers;
6. For those arising by reason of his going out of his course or taking a course
which he should not have taken without sufficient cause, in the opinion of the
officers of the vessel, at a meeting with the shippers or supercargoes who may
be on board. No exceptions whatsoever shall exempt him from this obligation;
7. For those arising by reason of his voluntarily entering a port other than that of his
destination, outside of the cases or without the formalities referred to in Article
612; and
8. For those arising by reason of non-observance of the provisions contained in the
regulations on situation of lights and maneuvers for the purpose of preventing
collisions (Art. 618).
Note: Ship owner/agent is not liable for the obligations contracted by the captain if the
latter exceeds his powers and privileges inherent in his position of those which may
have been conferred upon him by the former. However, if the amount claimed were used
for the benefit of the vessel, the ship owner or ship agent is liable.
1. Inventory of equipment
2. Keep a copy of Code of Commerce on board
3. Have a log book, freight book, accounting book 4. Conduct a marine survey of
vessel before loading
4. Remain on board while loading
5. Demand pilot on departure and on arrival at each port
6. Be on deck when sighting land
7. Arrivals under stress: to file marine protest in 24 hours
8. Record bottomry loan with Bureau of Customs
9. Keep papers and properties of crew members who might die
10. Conduct himself according to the instuctions of the ship agent
11. Report to ship agent on arrival
12. Observe rules on the situation of lights and maneuvers to prevent collisions
13. Remain on board until the last hope to save the vessel is lost and to abide by the
decision of the majority whether to abandon or not
14. In case of shipwreck: file marine protest, within 24 hours
15. Comply with rules and regulation on navigation. (Art. 612)
What are the requisites before claim for damages under Art. 366 may be
demanded?
1. Consignment of goods through a common carrier, by a consignor in one place to
a consignee in another place; and
2. The delivery of the merchandise by the carrier to the consignee at the place of
destination (New Zealand Ins. Co., Ltd. v. Choa Joy, G.R. No. L- 7311, Sept. 30,
1955).
Is the victims presence in a vessel after 1 hour from his disembarkation was no
longer reasonable and he consequently ceased to be a passenger?
No. Carrier-passenger relationship continues until the passenger has been landed at
the port of destination and has left the vessel-owners premises (Aboitiz Shipping
Corporation vs. CA, GR No. 84458, November 6, 1989)
http://www.batasnatin.com/law-library/mercantile-law/transportation-laws/2162-contributory-negligence-on-thepart-of-the-shipper.html