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


Chapter 17
Collisions

Collision- an impact or sudden contact of a moving body with an obstruction in its line of motion whether
a. both bodies are in motion
b. one is stationary and the other is in motion (allision)

Zones in Collision:
1. First division- all the time up to the moment when the risk of collision may be said to have begun
2. Second division- time between the movement when the risk of collision begins and the moment when it has become practical certainty
3. Third Division- the time of the actual contact

Error in extremis- time when the sail vessel was passing through the third zone that it changed its course to port in order to avoid the collision; sailing vessel is not responsible for the result

Applicable Law:
Liability for negligence in the absence of contract- Art 2176 NCC (quasi-delict)
Liability of the shipowner, ship agent, captain or crew in collision is still governed by the Code of Commerce on Collision

*contributory negligence and last clear chance are not applicable
-each must suffer its own damage if both of them are negligent

A. One vessel at fault
-Art 826 of Code of Commerce, the owner of the vessel at fault shall indemnify the losses and damages suffered after an expert appraisal
B. Both vessels are at fault
-Art 827 of Code of Commerce, each one shall suffer its own damages; both shall be solidarily responsible for the losses and damages occasioned to their cargoes
C. Party at fault cannot be determined
-Art 828 of Code of Commerce, each party shall bear his own damages; solidarily responsible for the losses and damages occasioned to their cargoes
D. Cause is fortuitous event
-each vessel and its cargo shall bear its own damages
E. Third person at fault
-Art 831 of Code of Commerce, owner of the third vessel shall indemnify the losses and damages caused, the captain thereof being civilly liable to said owner

Sinking on the Way to Port
-presumed lost by reason of collision

Protest- within 24 hours; prerequisite to bringing an action for damages

Non-filing of Protest, excusable:
1. persons interested were not on board
2. persons interested were not in a condition to make known their wishes

Limited Liability Rule- limited to the value of the vessel in collision cases; abandonment is necessary to benefit from limited liability

Location: Sampaloc, Manila, Metro Manila, Philippines

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