ARRIVAL UNDER STRESS

AND SHIPWRECKS
Chapter 18
ARTICLE 819 OF THE CODE OF COMMERCE
STEPS
The steps to be taken in the determination of the propriety of an arrival under
stress may be summarized as follows:
a) The captain should determine during the voyage if there is well
founded fear of seizure, privateers and other valid grounds;
b) The captain shall then assemble the officers;
c) The captain shall summon the persons interested in the cargo
who may be present and who may attend but without right to vote.
d) The officers shall determine and agree if there is well founded
reason after examining the circumstances. The captain shall have
the deciding vote;
e) The agreement shall be drafted and the proper minutes shall be
signed and entered in the log book.
f) Objections and protests shall likewise be entered in the minutes.
PROTEST
Paragraph 8 of ARTICLE 612 makes it a duty of
captain to:
present himself before 24 hours
Marine authority in the Philippines
Consul of the Republic of the Philippines in a foreign country

make a statement
Name registry
Port of departure of the vessel
Its cargo
Cause of arrival
WHEN ARRIVAL UNDER STRESS IS IMPROPER
ARTICLE 820
An arrival shall not be considered lawful in the following cases:
1. If the lack of provisions should arise from the failure to take the
necessary provisions for the voyage according to usage and customs,
or if they should have rendered useless or lost through bad stowage or
negligence in their care.
2. If the risk of enemies, privateers, or pirates should not have been
well-known, manifest and based on positive and provable acts.
3. If the defect of the vessel should have arisen from the fact that it
was not repaired, rigged, equipped, and prepared in a manner suitable
for the voyage, or from some erroneous order of the captain.
4. When malice negligence, want of foresight, or lack of skill on the
part of the captain exists in the act causing the damage.
PROPER- SHIPOWNER and SHIP AGENT liable for
the expenses for the same arrival

on the other hand,

IMPROPER-SHIPOWNER and SHIP AGENT liable
for the same expenses + solidarily liable for damages
caused to the cargoes
UNLOADING OF CARGOES TO MAKE REPAIRS
ARTICLE 822
1. To make repairs to the vessel
2. There is danger that the cargo may suffer
damage
unload
authorization from the competent judge or court
with the knowledge of the person interested in the cargo or his
representative

As regards the expenses:

1. Shall be for the account of the ship agent or owner
2. Chargeable against the owner
IF THE UNLOADING SHOULD TAKE PLACE FOR BOTH REASONS:
expenses shall be divided proportionately between the value of the vessel and the cargo
CUSTODY OF CARGO
ARTICLE 823

INTRUSTED TO THE
captain

EXCEPTION
force majeure
ARTICLE 824
If the entire cargo or part thereof should appear
to be
Damaged
There is an imminent danger of its being
damaged the captain may request of the
competent judge or court= sale of all or of part
of the cargo
Captain= justify
Under the penalty of answering to the shipper for
the price of the merchandise if brought in good
condition at the port of destination
LIABILITY OF CAPTAIN
ARTICLE 825
GR: The captain shall be responsible for the damages
caused by his delay, if after the cause of the arrival under
stress has ceased, he should not continue the voyage.

EXC: 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 of the vessel and persons
interested in the cargo who may be present, in accordance
with the provisions in Article 819, shall precede the
departure.
SHIPWRECKS
DEMOLITION or
SHATTERING
Driving ashore
Driving on rocks and shoals in the midseas
Violence of winds
Waves in tempests
CODE OF COMMERCE
PROVISIONS
 Article 840
losses and deteriorations suffered by a vessel and cargo by
reason of shipwreck or stranding
Shall be individually for the account of the owners, the part
which may be saved belonging to them in the same portion.

Article 841
Wreck or stranding caused by malice, negligence or lack of
skill of the captain or the vessel put to sea was insufficiently
repaired and equipped
The ship agent or the shippers may demand indemnity of the
captain for the damages caused to the vessel or to the cargo
by the accident
 Article 842
goods saved from the wreck shall be specially bound
for the payment of the expenses of the respective
salvage, and the amount thereof must be paid by the
owners of the former before they re delivered to them

salvage= service which one person renders to the

owner of the ship or goods, by his own labor in order to
preserve the said ship or goods which the owner either
abandoned in distress of the sea or unable to protect
and secure
 Article 843
..if several vessel sail under convoy, and any of them should be
wrecked, the cargo saved shall be distributed among the rest in
portions to the amount which each one is able to take

If not possible to transfer to the other vessels the entire cargo of the
vessel wrecked = the goods of the highest value and smallest volume
shall be save first
Designation thereof = to be made by the captain with the
concurrence of the officers of his vessel.
 ARTICLE 844
captain who may have taken on board the goods saved
from the wreck shall continue his course to the point of
destination, and on arrival shall deposit the same, with
judicial the intervention, at the disposal of their legitimate
owners

Change course and cannot unload at the port of which they

were consigned= captain may make said port with consent of
Shippers or supercargoes present
Officers
Passengers
 ARTICLE 845
no person interested in the cargo who can pay the expenses and
freightage corresponding to the salvage..

the competent judge or court may order the sale of the part
necessary to cover the same
PROTEST
Paragraph 15 of Article 612
ship captain must make the proper protest within
24 hours
In due form at the first port of arrival
Before the competent authority or the Philippine
consul
Specify all the incidents of the wreck
In accordance with subdivision 8 of the same article
OTHER PROVISIONS OF SHIPWRECK
Article 643

If the vessel and her cargo should be totally lost, any reason
of capture or wreck, all rights shall be extinguished, both as
regards the crew to demand any wages whatsoever, and as
regards the ship agent to recover the advances made.
 CHARTER PARTIES
Article 661
Neither merchandise lost by reason of shipwreck or stranding nor those seized by the
pirates or enemies, shall pay freightage.
If the freightage should have been paid in advance, it shall be returned, unless there is
an agreement to the contrary
LOAN
ARTICLE 734
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 costs of
the salvage.
If the loan should be on the vessel or any of its parts, the freightage earned
during the voyage for which said loan was contracted shall also be liable for
its payment, as far as it may reach.
ARTICLE 735
If the same vessel or cargo should be the object of a 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 portion to the legitimate interest of each one, taking into
consideration, for this purpose only, the principal with respect to the
loan, and without prejudice to the right of preference of other creditors
in accordance with Article 850