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A. AVERAGES 1.

The losses suffered by the cargo from


the time of its embarkation until it is
ARTICLE 806. For the purposes of this
unloaded, either on account of
code the following shall be considered
inherent defect of the goods or by
averages:
reason of an accident of the sea or
1. All extraordinary or accidental force majeure, and the expenses
expenses which may be incurred incurred to avoid and repair the same.
during the voyage in order to preserve
2. The losses and expenses suffered by
the vessel, the cargo, or both.
the vessel in its hull, rigging, arms, and
2. Any damages or deteriorations equipment, for the same causes and
which the vessel may suffer from the reasons, from the time it puts to sea
time it puts to sea from the port of from the port of departure until it
departure until it casts anchor in the anchors and lands in the port of
port of destination, and those suffered destination.
by the merchandise from the time they
3. The losses suffered by the
are loaded in the port of shipment until
merchandise loaded on deck, except
they are unloaded in the port of their
in coastwise navigation, if the marine
consignment.
ordinances allow it.
ARTICLE 807. The petty and ordinary
4. The wages and victuals of the crew
expenses incident to navigation, such
when the vessel is detained or
as those of pilotage of coasts and
embargoed by legitimate order or
ports, those of lighterage and towage,
force majeure, if the charter has been
anchorage, inspection, health,
contracted for a fixed sum for the
quarantine, lazaretto, and other so-
voyage.
called port expenses, costs of barges
and unloading until the merchandise is 5. The necessary expenses on arrival at
placed on the wharf, and any other a port, in order to make repairs or
usual expenses of navigation, shall be secure provisions.
considered ordinary expenses to be
6. The lowest value of the goods sold by
defrayed by the shipowner, unless
the captain in arrivals under stress for
there is an express agreement to the
the payment of provisions and in order
contrary.
to save the crew, or to meet any other
ARTICLE 808. Averages shall be: need of the vessel, against which the
proper amount shall be charged.
1. Simple or particular.
7. The victuals and wages of the crew
2. General or gross.
while the vessel is in quarantine.
ARTICLE 809. As a general rule, simple or
8. The loss inflicted upon the vessel or
particular averages shall include all the
cargo by reason of an impact or
expenses and damages caused to the
collision with another, if it is accidental
vessel or to her cargo which have not
and unavoidable.
inured to the common benefit and
profit of all the persons interested in the If the accident should occur through
vessel and her cargo, and especially the fault or negligence of the captain,
the following: the latter shall be liable for all the losses
caused.
9. Any loss suffered by the cargo 5. The damage suffered by the goods
through the fault, negligence, or of the cargo by the opening made in
barratry of the captain or of the crew, the vessel in order to drain it and
without prejudice to the right of the prevent its sinking.
owner to recover the corresponding
6. The expenses caused in order to float
indemnity from the captain, the vessel,
a vessel intentionally stranded for the
and the freightage.
purpose of saying it.
ARTICLE 810. The owner of the goods
7. The damage caused to the vessel
which gave rise to the expense or
which had to be opened, scuttled or
suffered the damage shall bear the
broken in order to save the cargo.
simple or particular averages.
8. The expenses for the treatment and
ARTICLE 811. As a general rule, general
subsistence of the members of the
or gross averages shall include all the
crew who may have been wounded or
damages and expenses which are
crippled in defending or saying the
deliberately caused in order to save
vessel.
the vessel, its cargo, or both at the
same time, from a real and known risk, 9. The wages of any member of the
and particularly the following: crew held as hostage by enemies,
privateers, or pirates, and the
1. The goods or cash invested in the
necessary expenses which he may
redemption of the vessel or of the
incur in his imprisonment, until he is
cargo captured by enemies,
returned to the vessel or to his domicile,
privateers, or pirates, and the
should he prefer it.
provisions, wages, and expenses of the
vessel detained during the time the 10. The wages and victuals of the crew
settlement or redemption is being of a vessel chartered by the month,
made. during the time that it is embargoed or
detained by force majeure or by order
2. The goods jettisoned to lighten the
of the government, or in order to repair
vessel, whether they belong to the
the damage caused for the common
cargo, to the vessel, or to the crew, and
benefit.
the damage suffered through said act
by the goods which are kept on board. 11. The depreciation resulting in the
value of the goods sold at arrival under
3. The cables and masts which are cut
stress in order to repair the vessel by
or rendered useless, the anchors and
reason of gross average.
the chains which are abandoned, in
order to save the cargo, the vessel, or 12. The expenses of the liquidation of
both. the average.
4. The expenses of removing or
transferring a portion of the cargo in
order to lighten the vessel and place it ARTICLE 812. In order to satisfy the
in condition to enter a port or amount of the gross or general
roadstead, and the damage resulting averages, all the persons having an
therefrom to the goods removed or interest in the vessel and cargo therein
transferred. at the time of the occurrence of the
average shall contribute.
ARTICLE 813. In order to incur the In the minutes, and after the resolution,
expenses and cause the damages shall be stated in detail all the goods
corresponding to gross average, there jettisoned, and mention shall be made
must be a resolution of the captain, of the injuries caused to those kept on
adopted after deliberation with the board. The captain shall be obliged to
sailing mate and other officers of the deliver one copy of these minutes to
vessel, and after hearing the persons the maritime judicial authority of the first
interested in the cargo who may be port he may make, within twenty four
present. hours after his arrival, and to ratify it
immediately under oath.
If the latter shall object, and the
captain and officers or a majority of
them, or the captain, if opposed to the
B. ARRIVAL UNDER STRESS
majority, should consider certain
measures necessary, they may be
executed under his responsibility,
without prejudice to the right of the ARRIVALS UNDER STRESS
shippers to proceed against the ARTICLE 819. If during the voyage the
captain before the competent judge captain should believe that the vessel
or court, if they can prove that he can not continue the trip to the port of
acted with malice, lack of skill, or destination on account of the lack of
negligence. provisions, well-founded fear of seizure,
If the persons interested in the cargo, privateers, or pirates, or by reason of
being on board the vessel, have not any accident of the sea disabling it to
been heard, they shall not contribute to navigate, he shall assemble the officers
the gross average, their share being and shall summon the persons
chargeable against the captain, unless interested in the cargo who may be
the urgency of the case should be such present, and who may attend the
that the time necessary for previous meeting without the right to vote; and
deliberations was wanting. if, after examining the circumstances of
the case, the reason should be
considered well-founded, the arrival at
the nearest and most convenient port
ARTICLE 814. The resolution adopted to
shall be agreed upon, drafting and
cause the damages which constitute
entering the proper minutes, which
general average must necessarily be
shall be signed by all, in the log book.
entered in the log book, stating the
motives and reasons for the dissent, The captain shall have the deciding
should there be any, and the irresistible vote, and the persons interested in the
and urgent causes which impelled the cargo, may make the objections and
captain if he acted of his own accord. protests they may deem proper, which
shall be entered in the minutes in order
In the first case the minutes shall be
that they may make use thereof in the
signed by all the persons present who
manner they may consider advisable.
could do so before taking action, if
possible; and if not, at the first ARTICLE 820. An arrival shall not be
opportunity. In the second case, it shall considered lawful in the following
be signed by the captain and by the cases:
officers of the vessel.
1. If the lack of provisions should arise In the first case, the expenses shall be
from the failure to take the necessary for the account of the ship agent or
provisions for the voyage according to owner, and in the second, they shall be
usage and customs, or if they should chargeable against the owners of the
have been rendered useless or lost merchandise for whose benefit the act
through bad stowage or negligence in was performed.
their care.
If the unloading should take place for
2. If the risk of enemies, privateers, or both reasons, the expenses shall be
pirates should not have been well divided proportionately between the
known, manifest, and based on value of the vessel and that of the
positive and provable facts. cargo.

3. If the defect of the vessel should ARTICLE 823. The custody and
have arisen from the fact that it was not preservation of the cargo which has
repaired, rigged, equipped, and been unloaded shall be intrusted to the
prepared in a manner suitable for the captain, who shall be responsible for
voyage, or from some erroneous order the same, except in cases of force
of the captain. majeure.

4. When malice, negligence, want of ARTICLE 824. If the entire cargo or part
foresight, or lack of skill on the part of thereof should appear to be
the captain exists in the act causing the damaged, or there should be imminent
damage. danger of its being damaged, the
captain may request of the competent
ARTICLE 821. The expenses of an arrival
judge or court, or of the consul in a
under stress shall always be for the
proper case, the sale of all or of part of
account of the shipowner or agent, but
the former, and the person taking
they shall not be liable for the damages
cognizance of the matter shall
which may be caused the shippers by
authorize it, after an examination and
reason of the arrival provided the latter
declaration of experts, advertisements,
is legitimate.
and other formalities required by the
Otherwise, the ship agent and the case, and an entry in the book, in
captain shall be jointly liable. accordance with the provisions of
Article 624.
ARTICLE 822. If in order to make repairs
to the vessel or because there is danger The captain shall, in a proper case,
that the cargo may suffer damage, it justify the legality of his conduct, under
should be necessary to unload, the the penalty of answering to the shipper
captain must request authorization for the price the merchandise would
from the competent judge or court for have brought if they had arrived in
the removal, and carry it out with the good condition at the port of
knowledge of the person interested in destination.
the cargo, or his representative, should
ARTICLE 825. The captain shall be
there be any.
responsible for the damages caused by
In a foreign port, it shall be the duty, of his delay, if after the cause of the arrival
the Philippine Consul, where there is under stress has ceased, he should not
one, to give the authorization. continue the voyage.
If the cause of arrival should have been proceedings in the log book and
the fear of enemies, privateers, or in that of the
pirates, a deliberation and resolution in sailing mate, and shall deliver to
a meeting of the officers of the vessel the captain the original record
and persons interested in the cargo of the proceedings, stamped
who may be present, in accordance and folioed, with a
with the provisions contained in Article memorandum of the folios,
819, shall precede the departure. which he must rubricate, in order
that it may be presented to the
judge or court of the port of
C. COLLISIONS destination.
The statement of the captain
shall be accepted if it is in
ARTICLE 624. A captain whose accordance with those of the
vessel has gone through a crew and passengers; if they
hurricane or who believes that disagree, the latter shall be
the cargo has suffered accepted, always saying proof
damages or averages, shall to the contrary.
make a protest thereon before
the competent authority at the
first port he touches, within ARTICLE 826. If a vessel should
twenty-four hours following his collide with another, through or
arrival and shall ratify it within the the fault, negligence, or lack of
same period when he arrives at skill of the captain, sailing mate,
his destination, immediately or any other member of the
proceeding with the proof of the complement, the owner of the
facts, and he may not open the vessel at fault shall indemnify the
hatches until after this has been losses and damages suffered,
done. after an expert appraisal.

The captain shall proceed in the ARTICLE 839. If the collision


same manner, if, the vessel should take place between
having been wrecked; he is Philippine vessels in foreign
saved alone or with part of his waters, or if having taken place
crew, in which case he shall in the open seas, and the vessels
appear before the nearest should make a foreign port, the
authority, and make a sworn Consul of the Republic of the
statement of facts. Philippines in said port shall hold
The authority or the consul shall a summary investigation of the
verify the said facts receiving accident, forwarding the
sworn statements of the proceedings to the Secretary of
members of the crew and the Department of Foreign
passengers who may have been Affairs for continuation and
saved; and taking such other conclusion.
steps as may assist in arriving at
the facts he shall make a
statement of the result of the D. SHIPWRECKS
SHIPWRECKS present; but the ship agent
ARTICLE 840. The losses and may not employ any
deteriorations suffered by a member against the
vessel and her cargo by reason captain's express refusal.
of shipwreck or stranding shall
be individually for the account 2. To command the crew and
of the owners, the part which direct the vessel to the port
may be saved belonging to of its destination, in
them in the same proportion. accordance with the
instructions he may have
ARTICLE 841. If the wreck or received from the ship
stranding should be caused by agent.
the malice, negligence, or lack
of skill of the captain, or 3. To impose, in accordance
because the vessel put to sea with the contracts and with
was insufficiently repaired and the laws and regulations of
equipped, the ship agent or the the merchant marine, and
shippers may demand when on board the vessel,
indemnity of the captain for the correctional punishment
damages caused to the vessel upon those who fail to
or to comply with his orders or are
the cargo by the accident, in wanting in discipline, holding
accordance with the provisions a preliminary hearing on the
contained in Articles 610, 612, crimes committed on board
614, and 621. the vessel on the seas, which
crimes shall be turned over to
ARTICLE 842. The goods saved the authorities having
from the wreck shall be specially jurisdiction over the same at
bound for the payment of the the first port touched.
expenses of the respective
salvage, and the amount 4. To make contracts for the
thereof must be paid by the charter of the vessel in the
owners of the former before they absence of the ship agent or
are delivered to them, and with of its consignee, acting in
preference over any other accordance with the
obligation if the merchandise instructions received and
should be sold. protecting the interests of the
owner with utmost care.

ARTICLE 610. The following 5. To adopt all proper measures


powers shall be inherent in the to keep the vessel well
position of captain, master or supplied and equipped,
patron of a vessel: purchasing all that may be
1. To appoint or make necessary for the purpose,
contracts with the crew in provided there is no time to
the absence of the ship request instruction from the
agent, and to propose said ship agent.
crew, should said agent be
6. To order, in similar urgent In the first book, which shall be called
cases while on a voyage, the "log book," he shall enter day by day
repairs on the hull and the condition of the atmosphere, the
engines of the vessel and in prevailing winds, the courses taken, the
its rigging and equipment, rigging carried, the power of the
which are absolutely engines used in navigation, the
necessary to enable it to distances covered, the maneuvers
continue and finish its executed, and other incidents of
voyage; but if he should navigation; he shall also enter the
arrive at a point where there damage suffered by the vessel in her
is a consignee of the vessel, hull, engines, rigging, and tackle, no
he shall act in concurrence matter
with the latter.
what its cause may be, as well as the
impairment and damage suffered by
cargo, and the effect and importance
ARTICLE 612. The following obligations
of the jettison, should there be any; and
shall be inherent in the office of
in cases of serious decisions which
captain:
require the advice or a meeting of the
1. To have on board before starting on officers of the vessel, or even of the
a voyage a detailed inventory of the crew and passengers, he shall record
hull, engines, rigging, spare-masts, the decisions adopted. For the
tackle, and other equipment of the information indicated he shall make
vessel; the royal or the navigation use of the binnacle book and of the
certificate; the roll of the persons who steam of engine book kept by the
make up the crew of the vessel, and engineer.
the contracts entered into with them;
In the second book called the
the lists of passengers; the bill of health;
"accounting book," he shall record all
the certificate of the registry proving
the amounts collected and paid for the
the ownership of the vessel and all the
account of the vessel, entering
obligations which encumber the same
specifically article by article, the source
up to that date; the charter parties or
of the collection and the amounts
authenticated copies thereof; the
spent for provisions, repairs, acquisitions
invoices or manifests of the cargo, and
of equipment or goods, fuel, food,
the memorandum of the visit or
outfits, wages, and other expenses of
inspection by experts, should it have
whatever nature they may be. He shall
been made at the port of departure.
furthermore enter therein a list of all the
2. To have a copy of this code on members of the crew, stating their
board. domiciles, their wages and salaries,
and the amounts they may have
3. To have three folioed and stamped received on account, directly or by
books, placing at the beginning of delivery to their families.
each one a memorandum of the
number of folios it contains, signed by In the third book, called "freight book,"
the maritime authority, and in his he shall record the loading and
absence by the competent authority. discharge of all the goods, stating their
marks and packages, names of the
shippers and of the consignees, ports of
loading and unloading, and the may be carried on deck, he must hear
freightage they give. In this same book the opinion of the officers of the vessel
he shall record the names and places and have the consent of the shippers
of sailing of the passengers, the number and of the ship agent.
of packages in their baggage, and the
6. To demand a pilot at the expense of
price of passage.
the vessel whenever required by the
4. Before receiving cargo, to make with navigation, and principally when he
the officers of the crew and two has to enter a port, canal, or river, or
experts, if required by the shippers and has to take a roadstead or anchoring
passengers, an examination of the place with which neither he nor the
vessel, in order to ascertain whether it is officers and crew are acquainted.
water-tight, with the rigging and
7. To be on deck on reaching land and
engines in good condition, and with
to take command on entering and
the equipment required for good
leaving ports, canals, roadsteads, and
navigation, preserving under his
rivers, unless there is a pilot on board
responsibility a certificate of the
discharging his duties. He shall not
memorandum of his inspection, signed
spend the night away from the vessel
by all those who may have taken part
except for serious causes or by reason
therein.
of official business.
The experts shall be appointed, one by
8. To present himself, when making a
the captain of the vessel and another
port in distress, to the maritime authority
by those who request its examination,
if in the Philippines and to the consul of
and in case of disagreement a third
the Republic of the Philippines if in a
shall be appointed by the marine
foreign country, before twenty four
authority of the port or by the authority,
hours have elapsed, and to make a
exercising his functions.
statement of the name registry, and
5. To remain constantly on board the port of departure of the vessel, of its
vessel with the crew while the cargo is cargo, and the cause of arrival which
being taken on board and to carefully declaration shall be visaed by the
watch the stowage thereof; not to authority or the consul, if after
consent to the loading of any examining the same it is found to be
merchandise or matter of a dangerous acceptable, giving the captain the
character, such as inflammable or proper certificate proving his arrival in
explosive substances, without the distress and the reasons therefor. In the
precautions which are recommended absence of the maritime authority or of
for their packing, handling and the consul, the declaration must be
isolation; not to permit the carriage on made before the local authority.
deck of any cargo which by reason of
9. To take the necessary steps before
its arrangement, volume, or weight
the competent authority in order to
makes the work of the sailors difficult,
record in the certificate of the vessel in
and which might endanger the safety
the registry of vessels the obligations
of the vessel; and if, on account of the
which he may contract in accordance
nature of the merchandise, the special
with Article 583.
character of the shipment, and
principally the favorable season in 10. To place under good care and
which it is undertaken, merchandise custody all the papers and belongings
of any members of the crew who might 16. To comply with the obligations
die on the vessel, drawing up a imposed by the laws and regulations
detailed inventory, in the presence of on navigation, customs, health, and
passengers, or, in their absence, of others.
members of the crew as witnesses.

11. To conduct himself according to the


ARTICLE 614. A captain who, having
rules and precepts contained in the
made an agreement to make a
instructions of the ship agent, being
voyage, fails to perform his
liable for all that which he may do in
undertaking, without prevented by
violation thereof.
fortuitous accident or force majeure,
12. To inform the ship agent from the shall indemnify for all the losses which
port at which the vessel arrives, of the he may cause without prejudice to the
reason of his arrival, taking advantage criminal penalties which may be
of the semaphore, telegraph, mail, proper.
etc., as the case may be; to notify him
of the cargo he may have received,
stating the names and domiciles of the ARTICLE 621. A captain who borrows
shippers, freightage earned, and money on the hull, engine, rigging or
amounts borrowed on bottomry loan; tackle of the vessel, or pledges or sells
to advise him of his departure, and of merchandise or provisions outside of
any operation and date which may be the cases and without the formalities
of interest to him. prescribed in this Code, shall be liable
for the principal, interests, and costs,
13. To observe the rules with respect to
and shall indemnify for the damages he
situation, lights and maneuvers in order
may cause.
to avoid collisions.
He who commits fraud in his accounts
14. To remain on board, in case the
shall pay the amount defrauded and
vessel is in danger, until all hope to save
shall be subject to the provisions of the
it is lost, and before abandoning it, to
Penal Code
hear the officers of the crew, abiding
by the decision of the majority; and if
the boats are to be taken to, he shall
take with him, before anything else, the
books and papers, and then the
articles of most value, being obliged to
prove, in case of the loss of the books
and papers, that he did all he could to
save them.

15. In case of wreck, to make the


proper protest in due form at the first
port of arrival, before the competent
authority or the Philippine consul, within
twenty-four hours, specifying therein all
the incidents of the wreck, in
accordance with subdivision 8 of this
article.