SECTION II

Captains and Masters of Vessels

Qualifications of Captain

ARTICLE 609. Captains and masters of vessels must be Filipinos * having legal capacity
to bind themselves in accordance with this Code, and must prove that they have the skill,
capacity, and qualifications required to command and direct the vessel, as established by
marine laws, ordinances, or regulations, or by those of navigation, and that they are not
disqualified according to the same for the discharge of the duties of that position. cdt

If the owner of a vessel desires to be the captain thereof and does not have the legal
qualifications therefor, he shall limit himself to the financial administration of the vessel,
and shall intrust her navigation to a person possessing the qualifications required by said
ordinances and regulations.

a. Qualifications of a ship captain (Art. 609)

1. Filipino citizen;
2. Legal capacity to contract;
3. Must have passed the required physical and mental examinations required for licensing him as
such (Art. 609, Code of Commerce).

General Functions of a Captain

ARTICLE 610. The following powers are inherent in the position of captain or master of
a vessel:

1. To appoint or make contracts with the crew in the absence of the agent
and propose said crew, should said agent be present; but the agent
shall not be permitted to employ any member against the captain's
express refusal.

2. To command the crew and direct the vessel to the port of its
destination, in accordance with the instructions he may have
received from the agent.

3. To impose, in accordance with the agreements and the laws and

regulations of the merchants marine, on board the vessel,
correctional punishment upon those who do not comply with his
orders or who conduct themselves against discipline, holding a
 preliminary investigation on the crimes committed on board the
vessel on the high seas, which shall be turned over to the
authorities, who are to take cognizance thereof, at the first port
touched.

4. To make contracts for the charter of the vessel in the absence of the
agent or of her consignee, acting in accordance with the
instructions received and protecting the interests of the owner most
carefully.

5. To adopt all the measures which may be necessary to keep the vessel
well supplied and equipped, purchasing for the purpose all that
may be necessary, provided there is no time to request instructions
of the agent.

6. To make, in similar urgent cases and on a voyage, the repairs to the hull
and engines of the vessel and to her rigging and equipment which
are absolutely necessary in order for her to be able to continue and
conclude her voyage; but if she should arrive at a point where there
is a consignee of the vessel, he shall act in concurrence with the
latter.

ARTICLE 611. In order to comply with the obligations mentioned in the foregoing
article, the captain, when he has no funds and does not expect to receive any from the
agent, shall procure the same in the successive order stated below:

1. By requesting said funds of the consignees or correspondents of a

vessel.

2. By applying to the consignees of the cargo or to the persons interested

therein.

3. By drawing on the agent.

4. By borrowing the amount required by means of a bottomry bond.

5. By selling a sufficient amount of the cargo to cover the amount

absolutely necessary to repair the vessel, and to equip her to pursue
the voyage. cd

In the two latter cases he must apply to the judicial authority of the port, if in Spain * and
to the Spanish * consul, if in a foreign country; and where there should be none, to the
local authority, proceeding in accordance with the prescriptions of Article 583, and with
the provisions of the law of civil procedure.

Books to be carried by the captain

ARTICLE 612. The following obligations are inherent in the office of captain:

1. To have on board before starting on a voyage a detailed inventory of

the hull, engines, rigging, tackle, stores, and other equipments of
the vessel; the navigation certificate; the roll of the persons who
make up the crew of the vessel, and the contracts entered into with
the crew; the list of passengers; the health certificate; the certificate
of the registry proving the ownership of the vessel, and all the
obligations which encumber the same up to that date; the charters
or authenticated copies thereof; the invoices or manifest of the
cargo, and the instrument of the expert visit or inspection, should it
have been made at the port of departure.

2. To have a copy of this Code on board.

3. To have three folioed and stamped books, placing at the beginning of

each one a note of the number of folios it contains, signed by the
maritime official, and in his absence by the competent authority.

In the first book, which shall be called "log book," he shall enter every day the condition
of the atmosphere, the prevailing winds, the course sailed, the rigging carried, the
horsepower of the engines, the distance covered, the maneuvers executed, and other
incidents of navigation. He shall also enter the damage suffered by the vessel in her hull,
engines, rigging, and tackle, no matter what is its cause, as well as the imperfections and
averages of the cargo, and the effects and consequence of the jettison, should there be
any; and in cases of grave resolutions which require the advice or a meeting of the
officers of the vessel, or even of the passengers and crew, he shall record the decision
adopted. For the informations indicated he shall make use of the binnacle book, and of
the steam or engine book kept by the engineer.

In the second book, called the "accounting book," he shall enter all the amounts collected
and paid for the account of the vessel, entering specifically article by article, the sources
of the collection, and the amounts invested in provisions, repairs, acquisition of rigging or
goods, fuel, outfits, wages, and all other expenses. He shall furthermore enter therein a
list of all the members of the crew, stating their domiciles, their wages and salaries, and
the amounts they may have received on account, either directly or by delivery to their
families.

In the third book, called "freight book," he shall record the entry and exit of all the goods,
stating their marks and packages, names of the shippers and of the consignees, ports of
loading and unloading, and the freight earned. In the same book he shall record the names
and places of sailing of the passengers and the number of packages of which their
baggage consists, and the price of the passage.

4. To make, before receiving the freight, with the officers of the crew, and the two
experts, if required by the shippers and passengers, an examination of the vessel, in order
to ascertain whether she is watertight, and whether the rigging and engines are in good
condition; and if she has the equipment required for good navigation, preserving a
certificate of the memorandum of this inspection, signed by all the persons who may have
taken part therein, under their liability.

The experts shall be appointed one by the captain of the vessel and the other one by the
persons who request the examination, and in case of disagreement a third shall be
appointed by the marine authority of the port.

5. To remain constantly on board the vessel with the crew during the time the freight is
taken on board and carefully watch the stowage thereof; not to consent to any
merchandise or goods of a dangerous character to be taken on, such as inflammable or
explosive substances, without the precautions which are recommended for their packing,
management and isolation; not to permit that any freight be carried on deck which by
reason of its disposition, volume, or weight makes the work of the sailors difficult, and
which might endanger the safety of the vessel; and if, on account of the nature of the
merchandise, the special character of the shipment, and principally the favorable season it
takes place, he allows merchandise to be carried on deck, he must hear the opinion of the
officers of the vessel, and have the consent of the shippers and of the agent.

6. To demand a pilot at the expense of the vessel whenever required by navigation, and
principally when a port, canal, or river, or a roadstead or anchoring place is to be entered
with which neither he, the officers nor the crew are acquainted.

7. To be on deck at the time of sighting land and to take command on entering and
leaving ports, canals, roadsteads, and rivers, unless there is a pilot on board discharging
his duties. He shall not spend the night away from the vessel except for serious causes or
by reason of official business.cdtai

8. To present himself, when making a port in distress, to the maritime authority if in

Spain * and to the Spanish * consul if in a foreign country, before twenty-four hours have
elapsed, and make a statement of the name, registry, and port of departure of the vessel,
of its cargo, and reason of arrival, which declaration shall be vised by the authority or by
the consul if after examining the same it is found to be acceptable, giving the captain the
proper certificate in order to show his arrival under stress and the reasons therefor. In the
absence of marine officials or of the consul, the declaration must be made before the local
authority.

9. To take the steps necessary before the competent authority in order to enter in the
certificate of the Commercial Registry of the vessel the obligations which he may
contract in accordance with Article 583.

10. To put in a safe place and keep all the papers and belongings of any members of the
crew who might die on the vessel, drawing up a detailed inventory, in the presence of
passengers as witnesses, and, in their absence, of members of the crew.

11. To conduct himself according to the rules and precepts contained in the instructions
of the agent, being liable for all that he may do in violation thereof.

12. To give an account to the agent from the port where the vessel arrives, of the reason
thereof, taking advantage of the semaphore, telegraph, mail, etc., according to the cases;
notify him the freight he may have received, stating the name and domicile of the
shippers, freight earned, and amounts borrowed on bottomry bond, advise him of his
departure, and give him any information and data which may be of interest.

13. To observe the rules on the situation of lights and evolutions to prevent collisions.

14. To remain on board in case of danger to the vessel, until all hope to save her is lost,
and before abandoning her to hear the officers of the crew, abiding by the decision of the
majority; and if he should have to take a boat 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 he shall make the proper protest in due form at the first port reached,
before the competent authority or the Spanish * consul, within twenty-four hours, stating
therein all the incidents of the wreck, in accordance with case 8 of this article.

16. To comply with the obligations imposed by the laws and rules of navigation, customs,
health, and others.

ARTICLE 613. A captain who navigates for freight in common or on shares can not
make any transaction for his exclusive account, and should he do so the profit shall
belong to the other persons in interest, and the losses shall be for his own exclusive
account.
ARTICLE 614. A captain who, having made an agreement to make a voyage, should not
fulfill his obligation, without being prevented by an accident case or by force majeure,
shall pay for all the losses his action may cause, without prejudice to criminal penalties
which may be proper.

ARTICLE 615. Without the consent of the agent, the captain can not have himself
substituted by another person; and should he do so, besides being liable for all the acts of
the substitute and bound to the indemnities mentioned in the foregoing article, the
substitute as well as the captain may be discharged by the agent.

ARTICLE 616. If the provisions and fuel of the vessel are consumed before arriving at
the port of destination, the captain shall decide, with the consent of the officers of the
same, to make the nearest port to get a supply of either; but if there are persons on board
who have provisions of their own he may force them to turn said provisions over for the
common consumption of all persons on board, paying the price thereof immediately, or at
the latest, at the first port reached.

ARTICLE 617. The captain can not contract loans on respondentia, and should he do so
the contracts shall be void.

Neither can he borrow money on bottomry for his own transactions, except on the portion
of the vessel he owns, provided no money has been previously borrowed on the whole
vessel, and provided there does not exist any other kind of lien or obligation thereon.
When he is permitted to do so, he must necessarily state what interest he has in the
vessel.

In case of violation of this article the principal, interest, and costs shall be charged to the
private account of the captain, and the agent may furthermore have the right to discharge
him.

ARTICLE 618. The captain shall be civilly liable to the agent, and the latter to the third
persons who may have made contracts with the former —

1. For all the damages suffered by the vessel and his cargo by reason of
want of skill or negligence on his part. If a misdemeanor or crime
has been committed he shall be liable in accordance with the Penal
Code. cda

2. For all the thefts committed by the crew, reserving his right of action
against the guilty parties.
 3. For the losses, fines, and confiscations imposed an account of violation
of the laws and regulations of customs, police, health, and
navigation.

4. For the losses and damages caused by mutinies on board the vessel, or
by reason of faults committed by the crew in the service and
defense of the same, if he does not prove that he made full use of
his authority to prevent or avoid them.

5. For those arising by reason of an undue use of powers and non-

fulfillment of the obligations which are his in accordance with
Articles 610 and 612.

6. For those arising by reason of his going out of his course or taking a
course which he should not have taken without sufficient cause, in
the opinion of the officers of the vessel, at a meeting with the
shippers or supercargoes who may be on board.

No exception whatsoever shall exempt him from this obligation.

7. For those arising by reason of his voluntarily entering a port other than
his destination, with the exception of the cases or without the
formalities referred to in Article 612.

8. For those arising by reason of the non-observance of the provisions

contained in the regulations for lights and evolutions for the
purpose of preventing collisions.

DURATION OF LIABILITY of Captain

Do not forget the duration of liability under the Civil Code, Art. 1736.
With respect to the captain:

ARTICLE 619. The captain shall be liable for the cargo from the time it is turned over to
him at the dock, or afloat alongside the ship, at the port of loading until he delivers it on
the shores or on the discharging wharf, of the port of unloading unless the contrary has
been expressly agreed upon.
ARTICLE 620. The captain shall not be liable for the damages caused to the vessel or to
the cargo by reason of force majeure; but he shall always be so — no agreement to the
contrary being valid — for those arising through his own fault.

Neither shall he be personally liable for the obligations he may have contracted for the
repair, equipment, and provisioning of the vessel, which shall be incurred by the agent,
unless the former has expressly bound himself personally or signed a draft or promissory
note in his name.

ARTICLE 621. A captain who borrows money on bottomry, or who pledges or sells
merchandise or provisions in other cases and without the formalities prescribed in this
Code, shall be liable for the principle, interest, and costs, and shall indemnify for the
damages he may cause.

The captain who commits fraud in his accounts shall reimburse the amount defrauded,
and shall be subject to the provisions contained in the Penal Code.

ARTICLE 622. If when on a voyage the captain should receive news of the appearance
of privateers or men of war against his flag, he shall be obliged to make the nearest
neutral port, inform his agent or shippers, and await an occasion to sail under convoy or
until the danger is over or to receive final orders from the agent or shippers.

ARTICLE 623. If he should find himself being attacked by a privateer and after having
done all that was possible to avoid the encounter and have resisted the delivery of the
equipment of the vessel or of its cargo, they should be forcibly taken away from him, or
he should be obliged to deliver them, he shall make an entry in his freight book and shall
prove the fact before the competent authority at the first port he touches.cdasia

After the force majeure has been proven, he shall be exempted from liability.

MARITIME PROTEST

ARTICLE 624. A captain whose vessel has gone through a hurricane or who believes
that the cargo has suffered damages or averages, shall make a protest thereon before the
competent authority at the first port he touches within the twenty-four hours following his
arrival, and shall ratify it within the same period when he arrives at the place of his
destination, immediately proceeding with the proof of the facts, it not being permitted to
open the hatches until this has been done.

The captain shall proceed in the same manner if, the vessel having been wrecked, he is
saved alone or with part of his crew, in which case he shall appear before the nearest
authority, and make a sworn statement of the facts.
The authority or the consul abroad shall verify the said facts, receiving a sworn statement
of the members of the crew and passengers who may have been saved, and taking the
other steps which may assist in arriving at the facts, drafting a certificate of the result of
the proceedings in the log book and in that of the sailing mate, and shall deliver the
original records of the proceedings to the captain, stamped and folioed, with a
memorandum of the folios, which he must rubricate, for their presentation to the judge or
court of the port of destination.

The statement of the captain shall be believed if it is in accordance with those of the crew
and passengers; if they disagree, the latter shall be accepted, unless there is proof to the
contrary.

ARTICLE 625. The captain, under his personal liability, as soon as he arrives at the port
of destination, obtains the necessary permission from the health and customs officers and
fulfills the other formalities required by the regulations of the administration, shall turn
over the cargo, without any defalcation, to the consignees, and, in a proper case, the
vessel, rigging, and freights to the agent.

If, by reason of the absence of the consignee or on account of the nonappearance of a

legal holder of the invoices, the captain does not know to whom he is to make the legal
delivery of the cargo, he shall place it at the disposal of the proper judge or court or
authority, in order th