Essentials of Transportation and Public Utilities Law by Justice Hernando and Aquino


Chapter 13
Persons who take Part in Maritime Commerce

Shipowner- the person who is primarily liable for damages sustained in the operation of the vessel

Naviero- person who is liable; may include shipowner, ship agent, charterer who is considered owner pro hac vice

*owner of the vessel is civilly liable for the acts of the captain; he can only escape from this civil liability by abandoning his property in the ship and any freight that he may have earned of the voyage

Ship agent- the person entrusted with provisioning of the vessel, or who represents her in the port in which she happens to be; jointly and severally liable with the owner; must have the capacity to trade; must be recorded in the merchant’s registry of the province

*shipowner and ship agent are liable in certain cases even if the captain has exceeded his authority if the proceeds of an obligation redounded to the benefit of the vessel

*while negligence of the employee must be established, there instantly arises a presumption that there was negligence on the part of the master or employer in the selection and supervision of the employee

*shipowner-employer can escape liability if he can prove that he exercised due diligence in the selection and supervision of the employee

Powers of the ship agent:
a. enter into contracts to provision the ship
b. represent the vessel in any action in a court or tribunal
c. may take judicial and extrajudicial steps in matters relating to commerce

Limitation on power of the ship agent:
a. not order new voyage
b. not make contracts for new charter
c. not insure the vessel without authorization of its owner or majority of its co-owners

Discharge of captain and crew:
a. insubordination in serious matters
b. robbery
c. theft
d. habitual drunkenness
e. damage to vessel or cargo, with malice or proven negligence

Captain- governs the vessels that navigate the high seas or ships of large dimensions and importance, although they are engaged in the coastwise trade

Master- commands smaller ships engaged exclusively in the coastwise trade

Qualifications of ships, masters, and patrons of vessels:
a. Filipino
b. has legal capacity to contract
c. prove the skill, capacity, and the qualifications necessary to command and direct a vessel
d. not disqualified for the discharge of the duties of the position

Powers and Functions of the Captain or Master:
a. a confidential and managerial employee
b. general agent of the shipowner
c. commander and technical director of the vessel
d. a representative of the country under whose flag he navigates
e. management and fiduciary functions

*the captain has control of all departments of service in the vessel, and reasonable discretion as to its navigation

Pilotage- a person duly qualified, and licensed, to conduct a vessel into or out of ports, or in certain waters
a. those whose duty is to guide vessels into or out of ports, or in particular waters
b. those entrusted with the navigation of vessels on high seas

Pilot- supersedes the master for the time being in the command and navigation of the ship; adviser of the master; personally liable for damages caused by his own negligence or default to the owners of the vessel and to third parties for damages sustained in a collision

Location: Sampaloc, Manila, Metro Manila, Philippines

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