LOPEZ VS.

DURUELO 52 PHIL 229 Facts: On February 10, 1927, plaintiff

Augusto Lopez was desirous of embarking upon the interisland steamer
San Jacinto in order to go to Cebu, the plaintiff embarked at the landing in
the motorboat Jison which was engaged in conveying passengers and
luggage back and forth from the landing to the boats at anchor. As the
motorboat approached San Jacinto in a perfectly quiet sea, it came too
near to the stern of the ship, and as the propeller of the ship had not yet
ceased to turn, the blades of the propeller strucked the motorboat and sank
it at once. As it sank, the plaintiff was thrown into the water against the
propeller, and the revolving blades inflicted various injuries upon him. The
plaintiff was hospitalized. He filed a complaint seeking to recover damages
from the defendant. The defendant however alleged that the complaint
does not have a right of action, a demurrer was submitted directed to the
fact that the complaint does not allege that the protest had been presented
by the plaintiff, within twenty-four hours after the occurrence to the
competent authority at the port where the accident occurred as provided
for Article 835 of the Code of Commerce. Issue: Whether the motorboat
Jison is a vessel provided for by Article 835 of the Code of Commerce?
Held: The word vessel as used in the third section of tile IV, Book III of the
Code of Commerce, dealing with collisions, does not include all ships, craft
or floating structures of any kind without limitation. The said section does
not

TRANSPORTATION LAW: Lawrence Jeffrey Delfin, Flerida Emma

Manglicmot, Mark Joseph Mupas, Melanie Pascua, Gilbert Ricaforte,
Renato Segubiense Jr., Katleen Grace Serrano, Mary Jane Timbang 58

apply to minor craft engaged in a river and bay traffic.Therefore, a

passenger on boat like the Jison, is not required to make protest as a
condition precedent to his right of action for the injury suffered by him in
the collision described in the complaint.Article 835 of the Code of
Commerce does not apply.