CASES CONSOLIDATION – TRANSPORTATION LAW

Art 835 code of commerce

LOPEZ V DURUELO, 1928

-facts: lots of injured passengers due to the sanking of the vessel

Held: SC states ART 836 CODE OF COMMERCE make protest within 24 hrs for injuries suffered

MEMORANDUM CIRCULAR OF MARINA 05 SERIES

-the certificate of Phil registry of motor-bancas shall have maximum validity of 5 years rekoned from the year of
registration
Guidelines: should comply for the docs subject for the evaluation and approval

CHARTER PARTIES

A complete contract to which the ownr or the agent of the vessel binds themselves to transport merchandise or persons
for fixed price

Requisites of valid charter party

Bareboate and demise charter.- the owner leases to the charterer the whole vessel, transferring the latter to the entire
command, possession and consequent control over to the vessel navigation which are the masters and the crew are the
charterers servant

Time charter -contract / leased for the fixed period

-The owner retains the possession and control of the captain and the crew who remains his employees,
has a right of utilizing and carrying of the capacity and facilities of the vessel
- to designate the destinations during the term of the charterer

Voyage or Trip Charter -the vessel is leased for the single particular voyage
- The vessel and the crew remains the employees of the vessel

Contract of Affreightment
-a contact which the owner retains the possession, commands and navigation of the
ship
-the charterer or the freighter use the space of the vessel for the payment of charter for
hire
-the owner of the vessel leases the part of all of its space to haul
goods for others

Lintonjua Shipping Co inc V National Seamans Board, 1989

-Litonjua liable for the breach of Contract of employment

Liability of shipowners and ship agents

Shipowner -liable for damages of the operation of the vessel

Ship agent -represents in the port
-Liable for the creditor for the losses and damages without prejudice to his right against the owner, the
vessel and its equipment
Versoza and Ruiz V lim
Ban yek –vessel
Versoza –owner agent

Facts: recovering the sum of money, there was a collision due to the carelessness and lack of skill of the
captain
Held: Art 826 of the code of commerce, the ship owner and the agent are jointly and severally liable to
Lim and Sy Cong Company

NCC ART 586

for the acts of the captain unless exceeds his authority
for the contracts entered by the captain for repair and equipment and provision of the vessel, provided
that the amount claimed was invested for the vessel

NCC Art 587- for the indemnities in favor of the third person which arise from the contract of the captain in the care of
goods and safety of the passenger transported

Loans on Bottomry the contract of mortgage which the owner of the ship borrows money for equipment and repair of
the vessel for diffinite term, and pledges the ship as security repayment, as maritime risk to be born by the lender, as if
the ship be lost in the voyage or perils enumerated in the contract, the lender shall also lost his money

Loan on Respondentia – the lender must pay the principal and interest to the ship perishes provided
that the goods were saved

Accidents and damages in the maritime commerce