Admiralty

OR Maritime
Law
by: Rushid Jay S.
Sancon

Definition

Admiralty or maritime Law

The law of the sea or body of

law applied cases.

It is a corpus of rules, concepts

and legal practices governing

centrally important concerns of
the business and carrying goods
and passengers by water.

ORIGIN OF MARITIME LAWS

Code of Hamurrabi (Old babylonia)

Consolato del Mare (Pisa, Italy or Barcelona, Spain)
Laws of Oleron (England, 1150) Basis of the English

maritime law
Maritime Laws of Wisby of 1240
Ordinance de la Marine of Louis XIV
Guidon de la Mer 1670

HISTORY OF PHILIPPINE ADMIRALTY

King Philip issued the Ordenanzas de Bilbao in

1773
The Spanish Code of Commerce was Issued in
1829 but the same was revised in 1885, it was
the latter that was extended in the Philippines
When the Americans occupied the Philippines, all
these laws were kept in force

VARIOUS LAWS UNDER

PHILIPPINE MARITIME LAW

Code of Commerce
Carriage of Goods by Sea Act
Overseas Shipping Act
Ship Mortgage Decree
Salvage Law
Maritime Conventions
Tariff and Customs Code
PD, Administrative Orders, and those Enacted by
Congress
Philippine Merchant Marine Rules and Regulations

DISTINGUISHING CHARACTERISTIC OF MARITIME LAW

FROM CIVIL AND MERCANTILE LAW

Maritime Law is generally characterized

by its limited liability or so-called real
and hypothecary nature of maritime law.
It means, the liability of the agent or
shipowner in connection with maritime
contracts is confined or limited to the
res.

MARITIME LAW IS PART OF INTERNATIONAL

LAW
Lord Mansfield in Luke v. Lyde (2 Burr. 887), said

that maritime law is not the law of a particular

country but the general law of nations.

ORIGIN FOR THE LIMITED

LIABILITY
The real and hypothecary nature of
the liability of the shipowner or
agent embodied has its origin in the
prevailing conditions of the maritime
trade and sea voyages during the
medieval ages, attended by
innumerable hazards and perils

Maritime Lien
Is a privileged claim or charge upon a ship

which claim or lien travels with that ship

secretively and unconditionally and may be
enforced by an action in rem.

MARITIME LIENS
a. taxes, expenses, costs and fees imposed

by the state;
b. The wages of the crew;
c. General average;
d. Salvage including contract salvage;
e. Maritime liens arising prior in time to the
recording of the preferred ship
mortgaged;
f. Damages arising out of tort; and
g. Lien of preferred ship mortgaged
registered prior in time.

RISKS IN PHILIPPINE
WATERS
It is a matter of common

knowledge that shipping activities

do not cease in the country at any
time. Seamen take their chances
in discharging their duties a all
seasons.
Losses resulting from accident

caused by a sudden and

unexpected gust of wind have
under some circumstances held to
be attributable to an act of God.

JUDICIAL NOTICE OF WORLD

ADMIRALTY AND MARITIME COURTS

Under the Rules of

Court, a court may
judicially recognize
without the
introduction of proof
the law of nations and
the admiralty and
maritime court the
world and their seals

ADMIRALTY AND MARITIME

JURISDICTION
Regional Trial Court has the original jurisdiction in

all actions in admiralty and maritime cases where

the demand or claim exceed P300,000.00
Admiralty involves jurisdiction over all maritime

contracts in whatever form, whenever executed

or performed, but not over non-maritime
contracts.
Admiralty is a proceeding in rem or in personam

for breach of a contract of affreightment.