6.

OTHER CODE OF COMMERCE

PROVISIONS ON CAPTAINS
Art. 613. Cannot make transactions for his own account if he navigates
for freight
- Profit – belong to other persons interested
- Loss – Borne by him

Art. 614 Failure to perform his undertaking, without being prevented

by fortuitous accident or force majeure.
- Indemnify losses he may cause without prejudice to the
criminal penalties.
Art 615 Cannot substitute himself by another person unless with
consent of the agent.
-liable for all acts of the substitute
-captain and substitute may be discharged by the agent

Art 616. If provisions and fuel consumed before arriving at port of

destination
-order arrival at nearest port to get supply
-force delivery of provision if people on board have supply and
pay the price
Art 617. May not contract loans on respondentia. May not borrow money on
bottomry for his own transactions, except on the portion of the vessel he
owns.
- principal, interest cost- charged to him
- ship agent may discharge him

Art 622. If while on a voyage the captain should learn of the appearance of
privateers or men of war against his flag
- go to the nearest neutral port ; wait for an occasion to sail under
convoy, wait for danger to be over, or receive express order from ship agent
• Art 623. If attacked by a privateer, after having tried to avoid the
encounter and having resisted the delivery of the vessel or its cargo
and was forcibly taken away from him
- make entry in freight book and prove the fact before the
competent authority to be exempted from liability.
Art 624
Where vessel has gone through a hurricane or who believes that the
cargo has suffered damages or averages:

1. Captain must make a protest before the nearest competent

authority.
2. Protest must be made within 24 hours following his arrival.
3. Captain must ratify it within some period when he arrives at his
destination.
4. He must immediately proceed with the proof of the facts.
• Where vessel shipwrecked:
1. Captain must make a protest before the nearest competent authority
2. Protest be made within 24 hours following his arrival
3. Make a sworn statement of the facts
4. Authority or consul abroad shall verify said facts
5. Such authority shall take other steps in arriving at the facts
6. Such authority shall also make statements of what may be the result of the
proceeding in the logbook and in that of the sailing mate
7. He shall deliver the original records to the captain
8. Captain must ratify the protest
Inter- Orient Maritime Enterprises, Inc v. NLRC

Facts:
• Delay in the delivery of oxygen and acetylene necessary for the repair
of the vessel’s turbo charger and economizer.
• Instructions to sail to Richard Bay, South Africa
• Technical director, Mr. Clark said – they should continue sail and that
Captain Tayag agreed with him.
• Captain Tayag said that he communicated his reservations about
sailing and waited for the supplies.
• Upon arrival at South Africa, he was instructed to turnover his new
post and repatriated to the Philippines.
Whether there was a valid ground to dismiss
Capt. Tayag.
• No. According to the report of Mr. Clark, the vessel had stopped in mid-
ocean for six hours and 45 minutes on its way to Singapore because of its
leaking economizer.
• It cannot be said that Capt. Tayag’s decision to wait for the supplies before
going to South Africa constituted merely arbitrary, capricious or grossly
insubordinate behavior on his part.
• Clearly, petitioners were angered at Captain Tayong's decision to wait for
delivery of the needed supplies before sailing from Singapore, and may
have changed their estimate of their ability to work with him and of his
capabilities as a ship captain. Assuming that to be petitioners' management
prerogative, that prerogative is nevertheless not to be exercised, in the
case at bar, at the cost of loss of Captain Tayong's rights under his contract
with petitioners and under Philippine law.
Sweet Lines, Inc v. CA
Facts:
• Private respondents purchased first class tickets from petitioner.
• They were to board petitioners vessel M/V Sweet Grace, bound for
Catbalogan, Western Samar.
• Instead of departing at the scheduled time and date, there were
several delays. One was because of engine trouble.
• Instead of also docking at Catbalogan, the vessel proceeded to
Tacloban.
• Respondents had no choice but to board a ferryboat to Catbalogan.
Is the carrier liable to private respondent?
• Yes. The voyage to Catbalogan was “interrupted” by the captain upon
instruction of the management. The interruption was neither due to a
fortuitous event or force majeure nor to disability of the vessel.
Having been caused by the captain upon instruction of management,
the passengers’ right to indemnity is evident.

• There is no fortuitous event or force majeure which prevented the

vessel from fulfilling its undertaking. – captain can only be excused
from liability if prevented by fortuitous event or force majeure (ART
614)
7. OFFICERS AND CREW OF VESSELS
• Art 648
• The complement of a vessel shall be understood as all the persons on board,
from the captain to the cabin boy, necessary for the management,
maneuvers, and service, and therefore, the complement shall include the
crew, the sailing mates, engineers, stokers and other employees on board not
having specific designations; but it shall not include the passengers or the
persons whom the vessel is transporting.
RA 10635
• AN ACT ESTABLISHING THE MARITIME INDUSTRY AUTHORITY
(MARINA) AS THE SINGLE MARITIME ADMINISTRATION RESPONSIBLE
FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE 1978
INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING,
CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED,
AND INTERNATIONAL AGREEMENTS OR COVENANTS RELATED
THERETO
• Seafarer—any person who is employed, engaged or works onboard
seagoing ships, whether or not such ships are engaged in the
domestic or overseas trade.
Memorandum Circular No. 137
-safe manning of international trade
1. Master is a person having command of a ship.

2. Deck Officer means an officer qualified in accordance with the provisions of the
International Convention on Standards of Training, Certification and Watchkeeping
for Seafarers (STCW) 1978, as amended, Chapter II.

3. Chief Engineer is a senior licensed marine engineer officer responsible for the
mechanical propulsion and the operation and maintenance of the mechanical and
electrical installations of the ship.

4. Engineer Officer means an officer qualified in accordance with the provisions of

the International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW) 1978, as amended, Chapter III.
5. Radio Officer is a person holding an appropriate certificate issued
and recognized by the Administration under the provisions of the Radio
Regulations.

6. Ratings man is a member of the ship's crew other than the master or
an officer.
Memorandum Circular No. 148
- domestic trade
1. “Officer” means a member of the crew, other than the master, who has been designated as such national
law or regulation or, in the absence of such designation, by collective agreement or custom.
2. “Master” means the person having command of a ship.

3. “Chief Mate” means an officer next in rank to the master and upon whom the command of
a ship will fall in the event of the incapacity of the Master.

4. “Deck Officer” means an officer qualified in accordance with the provisions of Chapter II
of the Convention.

5. “Chief Engineer Officer” means a senior engineer officer responsible for the mechanical
propulsion and the operation and maintenance of the mechanical and electrical installations
of the ship.
6. “Second Engineer Officer” means the engineer officer next-in-rank to the Chief Engineer and
upon whom the responsibility for the mechanical propulsion and the operation and maintenance of
the mechanical and electrical installation of the ship will fall in the event of the incapacity of the
Chief Engineer.
7. “Engineer Officer” means an officer qualified in accordance with the provisions of
chapter III of the Convention.
8. “Medical Practitioner” means a registered Doctor of Medicine in charge of the medical
department of a ship.

9. “Radio Officer” means a person holding an appropriate certificate issued and recognized
by the Administration under the provisions of the Radio Regulations Act.

10. “Paramedic” are auxiliary medical personnel such as midwives, or nurses with special
training on administering first aid.
11. “Major Patron” (MAP) shall refer to a marine deck officer duly registered and certificated to act as officer or
master of vessel/ship of not more than 500 GT navigating in the major coastwise trade routes within the
territorial limits of the Philippines.

12. “Minor Patron” (MIP) shall refer to a marine deck officer duly registered and certificated to act as officer or
master of vessel/ship of not more than 250 GT navigating within a specified body of water in the minor
coastwise trade routes in the Philippines.

13. “Boat Captain” means a person authorized by the Administration to act as officers and/or in command of a
boat/ship or the qualification/license to act as such.

14. “Marine Diesel Mechanic” (MDM) means a person authorized by the Administration to operate and
maintain the ship’s diesel engine/s or the qualification/license to act as such.
15. “Electrician” means a licensed master electrician who is responsible for the maintenance of the electrical
and electronic installations of the ship.
16. “Rating” means a member of the ship’s crew other than the master or an officer.
7.01 Regulation of Merchant Marine
Profession
• Maritime Industry Authority and the Board of Marine Deck Officers
and Board of Marine Engineers.

• Philippine Merchant Marine Officers Act of 1998

• Regulate Merchant Marine Profession in the Philippines.
• Comply with the Standards of Training, Certification and Watchkeeping for
Seafarers 1978 (STCW ‘78), as amended
• Licensure examinations for practice of Merchant Marine profession
8. Minimum Safe Manning
• It is also required that there is sufficient number of officers and crew
serving in the vessel.
9. Security of Tenure
a. The Labor Code provisions apply to officers and crew of merchant
vessels engaged in domestic trade or coastwise shipping. Matters
concerning their dismissal or disciplinary action must be in
accordance with provisions of the Labor Code.

b. For officers and crew who are working in foreign vessels who are
involved in overseas shipping, there must be compliance with the
applicable laws on overseas employment as well as regulations
issued by the POEA such as those embodied in the Standard
Contract for Seafarers Employed Abroad. (Centennial Transmarine,
Inc., et al v. Dela Cruz)
c. These seafarers who are deployed overseas are considered
contractual employees and their employment is governed by the
contract that they sign every time that they are rehired. (Millares, et al
v. NLRC; Gumiro v. Adorable)

d. Applicable special laws include R.A. 8042 or the Migrant Workers

and Overseas Filipino Act of 1995. Likewise applicable are the POEA
Rules and Regulations Governing the Recruitment and Employment of
Seafarers
e. The POEA Standard Employment Contract for Seamen is designed
primarily for the protection and benefit of Filipino seamen in the
pursuit of their employment on board ocean-going vessels. Its
provisions must, therefore, be construed and applied fairly, reasonably
and liberally in their favor. Only then can its beneficent provisions be
fully carried into that effect. (Philippine Transmarine Carriers, Inc. v.
NLRC)
10. Other Officers and Crew Under the Code
of Commerce
In addition to the Ship Captain, the following are identified under the
Code of Commerce as persons who also take part in maritime
Commerce:

1. Sailing mate
- deck officer next in rank to the master and upon whom the
command of the ship will fall in the event of incapacity of the master.
- a managerial officer ( Association of Marine Officers and
Seamen of Reyes and Lim Co. v. Laguesma)
- The exercise of discretion and judgment in directing a ship’s course is
as much managerial in nature as decisions arrived at in the confines
of the more conventional boardroom or executive. Assessing risks and
evaluating the vessel’s situation are managerial in nature.
Duties:
1. Provide himself with maps, and charts with astronomical tables
necessary for the discharge of his duties.
2. Keep the Binnacle book
3. Change the course of the voyage on consultation with captain and
the officers of the boat, following the decision of the captain in case
of disagreements.
4. Responsible for all the damages caused to the vessel or to the cargo
by reason of his negligence
2. Second Mate
- Takes command of the vessel in case of the inability or disqualification
of the captain and the sailing mate, assuming in such case their
powers, responsibilities and duties
Duties:
1. Preserve the hull and rigging of the vessel
2. Arrange well the cargo
3. Discipline the crew
4. Assign work to crew members
5. Inventory the rigging and equipment of the vessel, if laid up.
3. Engineers
- Officers of the vessel but have no authority except in matters to motor
apparatus. When 2 or more are hired, one of them should be the Chief
Engineer.
- Duties:
1. In charge of motor apparatus, spare parts, and other instruments
pertaining to the engines.
2. Keep the engines and boilers in good condition
3. Not to change or repair the engine without the authority of the captain
4. Inform the captain of any damage to the motor apparatus
5. Keep an engine book
6. Supervise all personnel maintaining the engine
4. CREW
- Hired by the ship agent and in his absence, the captain hires them
preferring Filipinos, and in their absence, he may take on foreigners
but not exceeding 1/5 of the crew.
5. Supercargoes
-persons who discharge administrative duties assigned to him by ship
agent or shippers, keeping an account and record of transaction as
required in the