Lecture on Admiralty and Maritime Law

Midterm Report on Lien, Collision, Damage to Property. At the end of the

course is going to determined by the way you discuss the legal issues, remedies
avail.
Maritime Lien in rem --- automatically attached to the vessel that caused the
damage in a maritime collision. This is the basis of an action for attachment or
arrest of the vessel involved in the maritime collision.
This is the primary basis for the recovery of damages. Is it necessary for the
party to raise the issue in Philippine Court? Yes. the Maritime Lien is a peculiar
advantage on the part of the vessel that was the collision damage, without which,
the vessel which was responsible may not be attached.
Lifespan of the Maritime Lien --- may exist within the statutory period in the
jurisdiction where the occurrence of collision happened. In most cases. 4 years.
What is the primary effect of collision in our jurisdiction?
01. Immediately conduct an inventory in order to avoid an exaggeration of
the damage suffered.
02. The damage caused to both vessels as a consequence may extend to the
damage to the cargo or vessel or both for the reason that the insurance
company and the owners of the cargo involved may not agree on the
extent of the damage.
03. It renders the vessel in the collision sea unworthy. Sea worthiness is
important. In Maritime law no matter how ineffective the damage
was the vessel is not capable of sailing in the sea almost
instantaneous once collision occurs.
04. It disrupts the vessels voyage and delays the cargo transport. Maritime
damage is an action in rem. This is one of the reasons why there is an
extreme delay in the transport of passengers and cargo. In some cases,
once there is a collision, the owners will immediately file an action for
attachment, which is the basis of maritime lien. This will take a lot of
time to determine whether there is basis for damages.
05. The possibility of the occurrence of the situation to have caused the death
or injury to the crew or passenger of the vessel. The presence of
maritime negligence on the part of the crew of the vessel will determine
the basis for damages. Without the claim for recovery of maritime
Damages within 24 hours from the time of the collision, the right to
recover for damages is deemed foreclosed.

What is the duty of the government or the port or agency where the collision
occurred?
A. Between two foreign vessels or between local and foreign vessel, the law
requires the government to determine who between the parties is
responsible, the extent of the damages are ascertained.
B. Once there is collision and there is a corresponding report of collision, this
particular aspect of damages is held by the government against the party
responsible for the damage. The maritime lien is immediately imposed upon
the owner of the vessel.
C. Once collision occurs whether within or outside of Philippine waters,
maritime lien attaches to the vessel without you knowing it. File a petition
for the arrest or attachment of the vessel of the opponent on the ground that
it was at fault. You have one month to file an Action. The creation of the
maritime lien is a creation of law.
July 26th lecture
Maritime Collision of Vessel--- document to be filed within 24 hours, unless filed
within 24 hours otherwise there is lost of the right to collect.
How do you determine the extent of this? Depends on the investigation of the
government agency within 24 hours; determine the extent of the damage suffered
by the vessel.
Death or injury to the crew or passenger --- this is inevitable especially in cases
where there is strong impact on the vessel.
There are instructions on how to avoid collision; the passengers and crew are
advised.
What are the possible assistance that the ship owner may extend?
01. Instructions that a collision may occur
02. Instruction to passengers on where to be on board the vessel
03. Instruction on how to use the necessary equipment and supply to the
passenger to avoid injury
What is the consequence of collision on the government itself?

Upon being notified, the government is immediately compelled to conduct

investigation.
With respect to the passenger, they are compelled to file a Notice of a Maritime
Claim within 24 hours.
All those who are concerned is required to act accordingly
Maritime Claim then Maritime Lien. What is the importance of Maritime Lien?
Immediately file an action for Attachment of the vessel that created the damage.
File a bond. An action in rem against the vessel. If not filed within 24 hours, it is
deemed WAIVED.
Maritime lien that results from the right in rem to claim for recovery of the claim.
It had filed a notice of attachment
Consequence if you did not file Art. 335 of the Code of Commerce
Preliminary attachment is a consequence in this jurisdiction as a result of the
collision based on negligence.
Unless there is reason to prove negligence, vessel cannot be attached.
Requirement of a Maritime Action in Rem:
01. There must be a damage caused by the vessel. If caused by some other
cause, then the action will not qualify.
02. The damage must be caused by fault or negligence of the ship.
03. In our jurisdiction, there is a need to file a personal action by the owner
of the vessel to have the vessel arrested. Lease, Contract of Charter
Party,
04. The right to have the vessel arrested is within 1 year.
Lecture on August 23, 2014 Atty. Beda G. Fajardo
One year prescriptive period in maritime cases.
Global City ---- Philippine Arbitration Center.
Phil Dispute Resolution Center --- Jupiter, Bel Air