TITLE SEVEN

COMMERCIAL
OVERLAND

CONTRACTS

FOR

TRANSPORTATION

ARTICLE 349. A contract of transportation by land or water

ways of any kind shall be considered commercial:
1. When it has for its object merchandise or any article of
commerce.
2.
When, whatever its object may be, the carrier is a
merchant or is habitually engaged
in transportation for the
public.
ARTICLE 350.
The shipper as well as the carrier of
merchandise or goods may mutually demand that a bill of
lading be made, stating:
1.

The name, surname and residence of the shipper.

2.

The name, surname and residence of the carrier.

3. The name, surname and residence of the person to whom

or to whose order the goods are to be sent or whether they
are to be delivered to the bearer of said bill.
4. The description of the goods, with a statement of their
kind, of their weight, and of the external marks or signs of the
packages in which they are contained.
5.

The cost of transportation.

6.

The date on which shipment is made.

7.

The place of delivery to the carrier.

8. The place and the time at which delivery to the consignee

shall be made.
9. The indemnity to be paid by the carrier in case of delay, if
there should be any agreement on this matter.
ARTICLE 351. In transportation made by railroads or other
enterprises subject to regulation rate and time schedules, it
shall be sufficient for the bills of lading or the declaration of
shipment furnished by the shipper to refer, with respect to the
cost, time and special conditions of the carriage, to the
schedules and regulations the application of which he
requests; and if the shipper does not determine the schedule,
the carrier must apply the rate of those which appear to be
the lowest, with the conditions inherent thereto, always
including a statement or reference to in the bill of lading
which he delivers to the shipper.
ARTICLE 352.
The bills of lading, or tickets in cases of
transportation of passengers, may be diverse, some for
persons and others for baggage; but all of them shall bear the
name of the carrier, the date of shipment, the points of
departure and arrival, the cost, and, with respect to the
baggage, the number and weight of the packages, with such
other manifestations which may be considered necessary for
their easy identification.

ARTICLE 353. The legal evidence of the contract between

the shipper and the carrier shall be the bills of lading, by the
contents of which the disputes which may arise regarding
their execution and performance shall be decided, no
exceptions being admissible other than those of falsity and
material error in the drafting.
After the contract has been complied with, the bill of lading
which the carrier has issued shall be returned to him, and by
virtue of the exchange of this title with the thing transported,
the respective obligations and actions shall be considered
cancelled, unless in the same act the claim which the parties
may wish to reserve be reduced to writing, with the exception
of that provided for in Article 366.
In case the consignee, upon receiving the goods, cannot
return the bill of lading subscribed by the carrier, because of
its loss or of any other cause, he must give the latter a receipt
for the goods delivered, this receipt producing the same
effects as the return of the bill of lading.
ARTICLE 354.
In the absence of a bill of lading, disputes
shall be determined by the legal proofs which the parties may
present in support of their respective claims, according to the
general provisions established in this Code for commercial
contracts.
ARTICLE 355.
The responsibility of the carrier shall
commence from the moment he receives the merchandise,
personally or through a person charged for the purpose, at the
place indicated for receiving them.
ARTICLE 356. Carriers may refuse packages which appear
unfit for transportation; and if the carriage is to be made by
railway, and the shipment is insisted upon, the company shall
transport them, being exempt from all responsibility if its
objections, is made to appear in the bill of lading.
ARTICLE 357.
If by reason of well-founded suspicion of
falsity in the declaration as to the contents of a package the
carrier should decide to examine it, he shall proceed with his
investigation in the presence of witnesses, with the shipper or
consignee in attendance.
If the shipper or consignee who has to be cited does not
attend, the examination shall be made before a notary, who
shall prepare a memorandum of the result of the
investigation, for such purpose as may be proper.
If the declaration of the shipper should be true, the expense
occasioned by the examination and that of carefully repacking
the packages shall be for the account of the carrier and in a
contrary case for the account of the shipper.
ARTICLE 358. If there is no period fixed for the delivery of
the goods the carrier shall be bound to forward them in the
first shipment of the same or similar goods which he may
make point where he must deliver them; and should he not do
so, the damages caused by the delay should be for his
account.
ARTICLE 359. If there is an agreement between the shipper
and the carrier as to the road over which the conveyance is to
be made, the carrier may not change the route, unless it be

by reason of force majeure; and should he do so without this

cause, he shall be liable for all the losses which the goods he
transports may suffer from any other cause, beside paying the
sum which may have been stipulated for such case.
When on account of said cause of force majeure, the carrier
had to take another route which produced an increase in
transportation charges, he shall be reimbursed for such
increase upon formal proof thereof.
ARTICLE 360.
The shipper, without changing the place
where the delivery is to be made, may change the
consignment of the goods which he delivered to the carrier,
provided that at the time of ordering the change of consignee
the bill of lading signed by the carrier, if one has been issued,
be returned to him, in exchange for another wherein the
novation of the contract appears.
The expenses which this change of consignment occasions
shall be for the account of the shipper.
ARTICLE 361. The merchandise shall be transported at the
risk and venture of the shipper, if the contrary has not been
expressly stipulated. As a consequence, all the losses and
deterioration which the goods may suffer during the
transportation by reason of fortuitous event, force majeure, or
the inherent nature and defect of the goods, shall be for the
account and risk of the shipper. Proof of these accidents is
incumbent upon the carrier.
ARTICLE 362. Nevertheless, the carrier shall be liable for
the losses and damages resulting from the causes mentioned
in the preceding article if it is proved, as against him, that
they arose through his negligence or by reason of his having
failed to take the precautions which usage has established
among careful persons, unless the shipper has committed
fraud in the bill of lading, representing the goods to be of a
kind or quality different from what they really were.
If, notwithstanding the precautions referred to in this article,
the goods transported run the risk of being lost, on account of
their nature or by reason of unavoidable accident, there being
no time for their owners to dispose of them, the carrier may
proceed to sell them, placing them for this purpose at the
disposal of the judicial authority or of the officials designated
by special provisions.
ARTICLE 363.
Outside of the cases mentioned in the
second paragraph of Article 361, the carrier shall be obliged
to deliver the goods shipped in the same condition in which,
according to the bill of lading, they were found at the time
they were received, without any damage or impairment, and
failing to do so, to pay the value which those not delivered
may have at the point and at the time at which their delivery
should have been made.
If those not delivered form part of the goods transported, the
consignee may refuse to receive the latter, when he proves
that he cannot make use of them independently of the others.
ARTICLE 364.
If the effect of the damage referred to in
Article 361 is merely a diminution in the value of the goods,
the obligation of the carrier shall be reduced to the payment

of the amount which, in the judgment of experts, constitutes

such difference in value.
ARTICLE 365. If, in consequence of the damage, the goods
are rendered useless for sale and consumption for the
purposes for which they are properly destined, the consignee
shall not be bound to receive them, and he may have them in
the hands of the carrier, demanding of the latter their value at
the current price on that day.
If among the damaged goods there should be some pieces in
good condition and without any defect, the foregoing
provision shall be applicable with respect to those damaged
and the consignee shall receive those which are sound, this
segregation to be made by distinct and separate pieces and
without dividing a single object, unless the consignee proves
the impossibility of conveniently making use of them in this
form.
The same rule shall be applied to merchandise in bales or
packages, separating those parcels which appear sound.
ARTICLE 366.
Within the twenty-four hours following the
receipt of the merchandise, the claim against the carrier for
damage or average be found therein upon opening the
packages, may be made, provided that the indications of the
damage or average which gives rise to the claim cannot be
ascertained from the outside part of such packages, in which
case the claim shall be admitted only at the time of receipt.
After the periods mentioned have elapsed, or the
transportation charges have been paid, no claim shall be
admitted against the carrier with regard to the condition in
which the goods transported were delivered.
ARTICLE 367. If doubts and disputes should arise between
the consignee and the carrier with respect to the condition of
the goods transported at the time their delivery to the former
is made, the goods shall be examined by experts appointed
by the parties, and, in case of disagreement, by a third one
appointed by the judicial authority, the results to be reduced
to writing; and if the interested parties should not agree with
the expert opinion and they do not settle their differences, the
merchandise shall be deposited in a safe warehouse by order
of the judicial authority, and they shall exercise their rights in
the manner that may be proper.
ARTICLE 368. The carrier must deliver to the consignee,
without any delay or obstruction, the goods which he may
have received, by the mere fact of being named in the bill of
lading to receive them; and if he does not do so, he shall be
liable for the damages which may be caused thereby.
ARTICLE 369.
If the consignee cannot be found at the
residence indicated in the bill of lading, or if he refuses to pay
the transportation charges and expenses, or if he refuses to
receive the goods, the municipal judge, where there is none of
the first instance, shall provide for their deposit at the
disposal of the shipper, this deposit producing all the effects
of delivery without prejudice to third parties with a better
right.
ARTICLE 370. If a period has been fixed for the delivery of
the goods, it must be made within such time, and, for failure

to do so, the carrier shall pay the indemnity stipulated in the

bill of lading, neither the shipper nor the consignee being
entitled to anything else.
If no indemnity has been stipulated and the delay exceeds the
time fixed in the bill of lading, the carrier shall be liable for the
damages which the delay may have caused.

ARTICLE 375.The goods transported shall be especially

bound to answer for the cost of transportation and for the
expenses and fees incurred for them during their conveyance
and until themoment of their delivery.This special right shall
prescribe eight days after the delivery has been made, and
once prescribed, thecarrier shall have no other action than
that corresponding to him as an ordinary creditor.

ARTICLE 371.
In case of delay through the fault of the
carrier, referred to in the preceding articles, the consignee
may leave the goods transported in the hands of the former,
advising him thereof in writing before their arrival at the point
of destination.

ARTICLE 376.The preference of the carrier to the payment of

what is owed him for thetransportation and expenses of the
goods delivered to the consignee shall not be cut off by the
bankruptcy of the latter, provided it is claimed within the eight
days mentioned in the preceding article.

When this abandonment takes place, the carrier shall pay the
full value of the goods as if they had been lost or mislaid.

ARTICLE 377.The carrier shall be liable for all the

consequences which may arise from hisfailure to comply with
the formalities prescribed by the laws and regulations of the
publicadministration, during the whole course of the trip and
upon arrival at the point of destination, exceptwhen his failure
arises from having been led into error by falsehood on the
part of the shipper in thedeclaration of the merchandise.If the
carrier has acted by virtue of a formal order of the shipper or
consignee of the merchandise, both shall become responsible.

If the abandonment is not made, the indemnification for

losses and damages by reason of the delay cannot exceed the
current price which the goods transported would have had on
the day and at the place in which they should have been
delivered; this same rule is to be observed in all other cases in
which this indemnity may be due.
ARTICLE 372.
The value of the goods which the carrier
must pay in cases if loss or misplacement shall be determined
in accordance with that declared in the bill of lading, the
shipper not being allowed to present proof that among the
goods declared therein there were articles of greater value
and money.
Horses, vehicles, vessels, equipment and all other principal
and accessory means of transportation shall be especially
bound in favor of the shipper, although with respect to
railroads said liability shall be subordinated to the provisions
of the laws of concession with respect to the property, and to
what this Code established as to the manner and form of
effecting seizures and attachments against said companies.
ARTICLE 373. The carrier who makes the delivery of the
merchandise to the consignee by virtue of combined
agreements or services with other carriers shall assume the
obligations of those who preceded him in the conveyance,
reserving his right to proceed against the latter if he was not
the party directly responsible for the fault which gave rise to
the claim of the shipper or consignee.

ARTICLE 378.Agents for transportation shall be obliged to

keep a special registry, with theformalities required by Article
36, in which all the goods the transportation of which is
undertakenshall be entered in consecutive order of number
and dates, with a statement of the circumstancesrequired in
Article 350 and others following for the respective bills of
lading.
ARTICLE 379.The provisions contained in Articles 349 and
following shall be understood asequally applicable to those
who, although they do not personally effect the transportation
of themerchandise, contract to do so through others, either as
contractors for a particular and definiteoperation, or as agents
for transportations and conveyances.In either case they shall
be subrogated in the place of the carriers themselves, with
respect to theobligations and responsibility of the latter, as
well as with regard to their rights.

The carrier who makes the delivery shall likewise acquire all
the actions and rights of those who preceded him in the
conveyance. The shipper and the consignee shall have an
immediate right of action against the carrier who executed
the transportation contract, or against the other carriers who
may have received the goods transported without reservation.
However, the reservation made by the latter shall not relieve
them from the responsibilities which they may have incurred
by their own acts.
ARTICLE 374. The consignees to whom the shipment was
made may not defer the payment of the expenses and
transportation charges of the goods they receive after the
lapse of twenty-four hours following their delivery; and in case
of delay in this payment, the carrier may demand the judicial
sale of the goods transported in an amount necessary to
cover the cost of transportation and the expenses incurred.

MARITIME COMMERCE
TITLE ONE
VESSELS

ARTICLE 573. Merchant vessels constitute property which may

be acquired and transferred by any of the means recognized
by law. The acquisition of a vessel must appear in a written
instrument, which shall not produce any effect with respect to
third persons if not inscribed in the registry of vessels.
The ownership of a vessel shall likewise be acquired by
possession in good faith, continued for three years, with a just
title duly recorded. In the absence of any of these requisites,
continuous possession for ten years shall be necessary in
order to acquire ownership.
A captain may not acquire by prescription the vessel of which
he is in command.
ARTICLE 574. Builders of vessels may employ the materials
and follow, with respect to their construction and rigging, the
systems most suitable to their interests. Ship owners and
seamen shall be subject to what the laws and regulations of
the public administration on navigation, customs, health,
safety of vessels, and other similar matters.
ARTICLE 575. Co-owners of vessels shall have the right of
repurchase and redemption in sales made to strangers, but
they may exercise the same only within the nine days
following the inscription of the sale in the registry, and by
depositing the price at the same time.
ARTICLE 576. In the sale of a vessel it shall always be
understood as included the rigging, masts, stores and engine
of a streamer appurtenant thereto, which at the time belongs
to the vendor.
The arms, munitions of war, provisions and fuel shall not be
considered as included in the sale.
The vendor shall be under the obligation to deliver to the
purchaser a certified copy of the record sheet of the vessel in
the registry up to the date of the sale.
ARTICLE 577. If the alienation of the vessel should be made
while it is on a voyage, the freightage which it earns from the
time it receives its last cargo shall pertain entirely to the
purchaser, and the payment of the crew and other persons
who make up its complement for the same voyage shall be for
his account.
If the sale is made after the vessel has arrived at the port of
its destination, the freightage shall pertain to the vendor, and
the payment of the crew and other individuals who make up
its complement shall be for his account, unless the contrary is
stipulated in either case.
ARTICLE 578. If the vessel being on a voyage or in a foreign
port, its owner or owners should voluntarily alienate it, either
to Filipinos or to foreigners domiciled in the capital or in a port
of another country, the bill of sale shall be executed before
the consul of the Republic of the Philippines at the port where
it terminates its voyage and said instrument shall produce no
effect with respect to third persons if it is not inscribed in the
registry of the consulate. The consul shall immediately
forward a true copy of the instrument of purchase and sale of
the vessel to the registry of vessels of the port where said
vessel is inscribed and registered.

In every case the alienation of the vessel must be made to

appear with a statement of whether the vendor receives its
price in whole or in part, or whether he preserves in whole or
in part any claim on said vessel. In case the sale is made to a
Filipino, this fact shall be stated in the certificate of
navigation.
When a vessel, being on a voyage, shall be rendered useless
for navigation, the captain shall apply to the competent judge
on court of the port of arrival, should it be in the Philippines;
and should it be in a foreign country, to the consul of the
Republic of the Philippines, should there be one, or, where
there is none, to the judge or court or to the local authority;
and the consul, or the judge or court, shall order an
examination of the vessel to be made.
If the consignee or the insurer should reside at said port, or
should have representatives there, they must be cited in order
that they may take part in the proceedings on behalf of
whoever may be concerned.
ARTICLE 579. After the damage to the vessel and the
impossibility of her being repaired, in order to continue the
voyage had been shown, its sale at public auction shall be
ordered, subject to the following rules:
1. The hull of the vessel, its rigging, engines, stores, and other
articles shall be appraised, after making an inventory, said
proceedings to be brought to the notice of the persons who
may wish to take part in the auction.
2. The order or decree ordering the auction to be held shall be
posted in the usual places, an announcement thereof to be
inserted in the Official Gazette and in two of the newspapers
of the largest circulation of the port where the auction is to be
held, should there be any.
The period which may be fixed for the auction shall not be
less than twenty days.
3. These announcements shall be repeated every ten days,
and their publication shall be made to appear in the records.
4. The auction shall be held on the day fixed, with the
formalities prescribed in the common law for judicial sales.
5. If the sale should take place while the vessel is in a foreign
country, the special provisions governing such cases shall be
observed.
ARTICLE 580. In all judicial sales of any vessel for the payment
of creditors, the following shall have preference in the order
stated 2
1. The credit in favor of the public treasury proven by means
of an official certificate of competent authority.
2. The judicial costs of the proceedings, according to an
appraisement approved by the judge or court.
3. The pilotage charges, tonnage dues, and the other sea or
port charges, proven by means of proper certificates of the
officers intrusted with the collection thereof.

4. The salaries of the depositaries and keepers of the vessel

and any other expenses for its preservation from the time of
arrival at the port until the sale, which appear to have been
paid or be due by virtue of an account verified and approved
by the judge or court. cdtai

the port of her registry, and three months after the inscription
of the sale in the registry of vessel or the arrival.

5. The rent of the warehouse where the rigging and stores of

the vessel have been taken care of, according to contract.

of the obligations mentioned in subdivisions 8 and 9 of Article

580, he shall apply to the judge or court if he is in Philippine
territory, and otherwise to the consul of the Republic of the
Philippines, should there be one, and, in his absence, to the
judge or court or proper local authority, presenting the
certificate of the registration sheet treated of in Article 612
and the instruments proving the obligation contracted.

6. The salaries due the captain and crew during its last
voyage, which shall be verified by means of the liquidation to
be made in view of the lists and of the books of account of the
vessel, approved by the chief of the Bureau of Merchant
Marine, where there is one, and in his absence by the consul
or judge or court.
7. The reimbursement for the goods of the freight which the
captain may have sold in order to repair the vessel, provided
that the sale has been ordered through a judicial proceedings
held with the formalities required in such cases, and recorded
in the certificate of registry of the vessel.
8. The part of the price which has not been paid to the said
vendor, the unpaid credits for materials and labor in the
construction of the vessel, when it has not navigated, and
those arising from the repair and equipment of the vessels
and from its provisioning with victuals and fuel during the last
voyage.
In order that the credits provided for in this subdivision may
enjoy this preference, they must appear by contracts recorded
in the registry of vessels, or if they were contracted for the
vessel while on a voyage and said vessel has not returned to
the port where it is registered, they must be made with the
authorization required for such cases and annotated in the
certificate of registration of the vessel. cdtai
9. The amount borrowed on bottomry on the hull, keel, tackle,
and stores of the vessel before its departure, proven by
means of the contract executed according to law and
recorded in the registry of vessels; those borrowed during the
voyage with the authorization mentioned in the preceding
subdivision, satisfying the same requisites; and the insurance
premium, proven by the insurance policy or a certificate taken
from the books of the broker.
10. The indemnity due the shipper for the value of the goods
shipped which were not delivered tothe consignees, or for
averages suffered for which the vessel is liable, provided that
either appear in a judicial or arbitration decision.

ARTICLE 583. If while on a voyage the captain should find it

necessary to contract one or more

The judge or court, the consul, or the local authority, as the

case may be, in view of the result of the proceedings
instituted, shall make a temporary memorandum of their
result in the certificate, in order that it may be recorded in the
registry when the vessel returns to the port of its registry, or
so that it can
be admitted as a legal and preferred obligation in case of sale
before its return, by reason of the sale of the vessel on
account of a declaration of unseaworthiness.
The omission of this formality shall make the captain
personally liable for the credits prejudiced on his account.
ARTICLE 584. The vessels subject to liability for the credits
mentioned in Article 580 may be
attached and judicially sold in the manner prescribed in Article
579, in the port in which they may be found, at the instance of
any of the creditors; but if they should be loaded and ready to
sail, the attachment may not be effected except for debts
contracted to prepare and provision the vessel for the same
voyage, and even then the attachment shall be dissolved if
any person interested in its sailing should give a bond for the
return of the vessel within the period fixed in the certificate of
navigation binding himself to pay the indebtedness insofar as
it may be legal, should it fail to do so, even if this failure be
due to fortuitous event.
For debts of any other kind whatsoever not comprised within
the said Article 580, the vessel may be attached only in the
port of her registry.
ARTICLE 585. For all purposes of law not modified or restricted
by the provisions of this Code, vessels shall continue to be
considered as personal property.

ARTICLE 581. If the proceeds of the sale should not be

sufficient to pay all the creditors included in one number or
grade, the residue shall be divided among them pro rata.
ARTICLE 582. After the bill of the judicial sale at public auction
has been executed and inscribed in the registry of vessels, all
the other liabilities of the vesel in favor of the creditors shall
be considered extinguished.
But if the sale should have been voluntary and should have
been made while the vessel was on a voyage, the creditors
shall preserve their rights against the vessel until it returns to

TITLE TWO
PERSONS WHO TAKE PART IN MARITIME COMMERCE
SECTION ONE
SHIPOWNERS AND SHIP AGENTS
ARTICLE 586. The shipowner and the ship agent shall be civilly
liable for the acts of the captain and for the obligations

contracted by the latter to repair, equip, and provision the

vessel, provided the creditor proves that the amount claimed
was invested for the benefit of the same.
By ship agent is understood the person entrusted with
provisioning or representing the vessel in the port in which it
may be found.
ARTICLE 587. The ship agent shall also be civilly liable for the
indemnities in favor of third persons which may arise from the
conduct of the captain in the care of the goods which he
loaded on the vessel; but he may exempt himself therefrom
by abandoning the vessel with all her equipments and the
freight it may have earned during the voyage.
ARTICLE 588. Neither the shipowner nor the ship agent shall
be liable for the obligations contracted by the captain, if the
latter exceeds the powers and privileges pertaining to him by
reason of his position or conferred upon him by the former.
Nevertheless, if the amounts claimed were invested for the
benefit of the vessel, the responsibility therefor shall devolve
upon its owner or agent.
ARTICLE 589. If two or more persons should be part owners of
a merchant vessel, a partnership shall be presumed as
established by the co-owners.
This partnership shall be governed by the resolutions of the
majority of the members.
If the part owners should not be more than two, the
disagreement of views, if any, shall be decided by the vote of
the member having the largest interest. If the interests are
equal, it should be decided by lot.
The person having the smallest share in the ownership shall
have one vote; and proportionately the other part owners as
many votes as they have parts equal to the smallest one.
aisadc
A vessel may not be detained, attached or levied upon in
execution in its entirety, for the private debts of a part owner,
but the proceedings shall be limited to the interest which the
debtor may have in the vessel, without interfering with the
navigation.
ARTICLE 590. The co-owners of a vessel shall be civilly liable
in the proportion of their interests in the common fund, for the
results of the acts of the captain, referred to in Article 587.
Each co-owner may exempt himself from this liability by the
abandonment, before a notary, of the part of the vessel
belonging to him.
ARTICLE 591. All the part owners shall be liable, in proportion
to their respective ownership, for the expenses for repairing
the vessel, and for other expenses which are incurred by
virtue of a resolution of the majority.
They shall likewise be liable in the same proportion for the
expenses for the maintenance, equipment, and provisioning
of the vessel, necessary for navigation.

ARTICLE 592. The resolution of the majority with regard to the

repair, equipment, and provisioning of the vessel in the port of
departure shall bind the minority, unless the minority
members renounce their interests, which must be acquired by
the other co-owners, after a judicial appraisement of the value
of the portion or portions assigned.
The resolutions of the majority relating to the dissolution of
the partnership and sale of the vessel shall also be binding on
the minority.
The sale of the vessel must be made at public auction, subject
to the provisions of the law of civil procedure, unless the coowners unanimously agree otherwise, saying always the right
of repurchase and redemption provided for in Article 575.
ARTICLE 593. The owners of a vessel shall have preference in
her charter over other persons, under the same conditions
and price. If two or more of them should claim this right, the
one having the greater interest shall be preferred; and should
they have equal interests, the matter shall be decided by lot.
ARTICLE 594. The co-owners shall elect the manager who is to
represent them in the capacity of ship agent.
The appointment of director or ship agent shall be revocable
at the will of the members.
ARTICLE 595. The ship agent, whether he is at the same time
the owner of the vessel, or a manager for an owner or for an
association of co-owners, must have the capacity to trade and
must be recorded in the merchant's registry of the province.
The ship agent shall represent the ownership of the vessel,
and may, in his own name and in such capacity, take judicial
and extrajudicial steps in matters relating to commerce.
ARTICLE 596. The ship agent may discharge the duties of
captain of the vessel, subject in every case to the provision of
Article 609.
If two or more co-owners apply for the position of captain, the
disagreement shall be decided by a voteof the members; and
if the vote should result in a tie, it shall be decided in favor of
the co-owner having the larger interest in the vessel.
If the interests of the applicants should be equal, and there
should be a tie, the matter shall be decidedby lot.
ARTICLE 597. The ship agent shall designate and come to
terms with the captain, and shall contract in the name of the
owners, who shall be bound in all that refer to repairs, details
of equipment, armament, provisions of food and fuel, and
freight of the vessel, and, in general, in all that relate to the
requirements of navigation.
ARTICLE 598. The ship agent may not order a new voyage, or
make contracts for a new charter, or insure the vessel,
without the authorization of its owner or resolution of the
majority of the coowners, unless these powers were granted
him in the certificate of his appointment. cdasia
If he insures the vessel without authorization therefore, he
shall be subsidiarily liable for the solvency of the insurer.

ARTICLE 599. The ship agent managing for an association

shall render to his associates an account of the results of each
voyage of the vessel, without prejudice to always having the
books and correspondence relating to the vessel and to its
voyages at their disposal.

ARTICLE 608. In case of the voluntary sale of the vessel, all

contracts between the ship agent and the captain shall
terminate, reserving to the latter his right to the indemnity
which may pertain to him, according to the agreements made
with the ship agent.

ARTICLE 600. After the account of the managing agent has

been approved by a relative majority, the co-owners shall pay
the expenses in proportion to their interest, without prejudice
to the civil or criminal actions which the minority may deem
fit to institute afterwards.

They vessel sold shall remain subject to the security of the

payment of said indemnity if, after the action against the
vendor has been instituted, the latter is found to be insolvent.

In order to enforce the payment, the managing agent shall be

entitled to an executory action ("accion ejecutiva"), which
shall be instituted by virtue of a resolution of the majority, and
without further proceedings than the acknowledgment of the
signatures of the persons who voted for the resolution.
ARTICLE 601. Should there be any profits, the co-owners may
demand of the managing agent the amount corresponding to
their interests by means of an executory action ("accion
ejecutiva"),
without
any
other
requisite
than
the
acknowledgment of the signatures on the instrument
approving the account.
ARTICLE 602. The ship agent shall indemnify the captain for
all the expenses he may have incurred with funds of his own
or of others, for the benefit of the vessel.
ARTICLE 603. Before the vessel sets out to sea the ship agent
may at his discretion discharge the captain and members of
the crew whose contracts are not for a definite period or
voyage, paying them the salaries earned according to their
contracts, and without any indemnity whatsoever, unless
there is an express and specific agreement in respect thereto.
ARTICLE 604. If the captain or any other member of the crew
should be discharged during the voyage, they shall receive
their salary until they return to the port where the contract
was made, unless there should be just cause for the
discharge, all in accordance with Article 636 and following of
this Code.
ARTICLE 605. If the contracts of the captain and members of
the crew with the ship agent should be for a definite period or
voyage, they may not be discharged until after the fulfillment
of their contracts, except by reason of insubordination in
serious matters, robbery, theft, habitual drunkenness, or
damage caused to the vessel or to its cargo through malice or
manifest or proven negligence.
ARTICLE 606. If the captain should be a co-owner of the
vessel, he may not be discharged unless the ship agent
returns to him the amount of his interest therein, which, in the
absence of agreement between the parties, shall be appraised
by experts appointed in the manner established in the law of
civil procedure.
ARTICLE 607. If the captain who is a co-owner should have
obtained the command of the vessel by virtue of a special
agreement contained in the articles of association, he may not
be deprived of his office except for the causes mentioned in
Article 605.

SECTION TWO
CAPTAINS AND MASTERS OF VESSELS
ARTICLE 609. Captains, masters or patrons of vessels must be
Filipinos, have legal capacity to contract in accordance with
this code, and prove the skill, capacity, and qualifications
necessary to command and direct the vessel, as established
by marine or navigation laws, ordinances, or regulations, and
must not be disqualified according to the same for the
discharge of the duties of the position. cdt
If the owner of a vessel desires to be the captain thereof,
without having the legal qualifications therefor, he shall limit
himself to the financial administration of the vessel, and shall
intrust the navigation to a person possessing the
qualifications required by said ordinances and regulations.
ARTICLE 610. The following powers shall be inherent in the
position of captain, master or patron of a vessel:
1. To appoint or make contracts with the crew in the absence
of the ship agent, and to propose said crew, should said agent
be present; but the ship agent may not 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 ship agent.
3. To impose, in accordance with the contracts and with the
laws and regulations of the merchant marine, and when on
board the vessel, correctional punishment upon those who fail
to comply with his orders or are wanting in discipline, holding
a preliminary hearing on the crimes committed on board the
vessel on the seas, which crimes shall be turned over to the
authorities having jurisdiction over the same at the first port
touched.
4. To make contracts for the charter of the vessel in the
absence of the ship agent or of its consignee, acting in
accordance with the instructions received and protecting the
interests of the owner with utmost care.
5. To adopt all proper measures to keep the vessel well
supplied and equipped, purchasing all that may be necessary
for the purpose, provided there is no time to request
instruction from the ship agent.
6. To order, in similar urgent cases while on a voyage, the
repairs on the hull and engines of the vessel and in its rigging
and equipment, which are absolutely necessary to enable it to
continue and finish its voyage; but if he 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 preceding article, the captain, when he has
no funds and does not expect to receive any from the ship
agent, shall obtain the same in the successive order stated
below:
1. By requesting said funds from the consignee of the vessel
or correspondents of the ship agent.
2. By applying to the consignees of the cargo or to those
interested therein.
3. By drawing on the ship agent.
4. By borrowing the amount required by means of a loan on
bottomry.
5. By selling a sufficient amount of the cargo to cover the sum
absolutely indispensable for the repair of the vessel and to
enable it to continue its voyage. cd
In these two last cases he must apply to the judicial authority
of the port, if in the Philippines, and to the consul of the
Republic of the Philippines if in a foreign country, and where
there is none, to the local authority, proceeding in accordance
with the provisions of Article 583, and with the provisions of
the law of civil procedure.
ARTICLE 612. The following obligations shall be inherent in the
office of captain:
1. To have on board before starting on a voyage a detailed
inventory of the hull, engines, rigging, spare-masts, tackle,
and other equipment of the vessel; the royal or the navigation
certificate; the roll of the persons who make up the crew of
the vessel, and the contracts entered into with them; the lists
of passengers; the bill of health; the certificate of the registry
proving the ownership of the vessel and all the obligations
which encumber the same up to that date; the charter parties
or authenticated copies thereof; the invoices or manifests of
the cargo, and the memorandum of the visit or inspection by
experts, 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 memorandum
of the number of folios it contains, signed by the maritime
authority, and in his absence by the competent authority.
In the first book, which shall be called "log book," he shall
enter day by day the condition of the atmosphere, the
prevailing winds, the courses taken, the rigging carried, the
power of the engines used in navigation, the distances
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
its cause may be, as well as the impairment and damage
suffered by cargo, and the effect and importance of the
jettison, should there be any; and in cases of serious decisions
which require the advice or a meeting of the officers of the
vessel, or even of the crew and passengers, he shall record
the decisions adopted. For the information indicated he shall

make use of the binnacle book and of the steam of engine

book kept by the engineer.
In the second book called the "accounting book," he shall
record all the amounts collected and paid for the account of
the vessel, entering specifically article by article, the source of
the collection and the amounts spent for provisions, repairs,
acquisitions of equipment or goods, fuel, food, outfits, wages,
and other expenses of whatever nature they may be. 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, directly or by
delivery to their families.
In the third book, called "freight book," he shall record the
loading and 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 freightage they give. In this
same book he shall record the names and places of sailing of
the passengers, the number of packages in their baggage,
and the price of passage.
4. Before receiving cargo, to make with the officers of the
crew and two experts, if required by the shippers and
passengers, an examination of the vessel, in order to
ascertain whether it is water-tight, with the rigging and
engines in good condition, and with the equipment required
for good navigation, preserving under his responsibility a
certificate of the memorandum of his inspection, signed by all
those who may have taken part therein.
The experts shall be appointed, one by the captain of the
vessel and another by those who request its examination,
and in case of disagreement a third shall be appointed by the
marine authority of the port or by the authority, exercising his
functions.
5. To remain constantly on board the vessel with the crew
while the cargo is being taken on board and to carefully watch
the stowage thereof; not to consent to the loading of any
merchandise or matter of a dangerous character, such as
inflammable or explosive substances, without the precautions
which are recommended for their packing, handling and
isolation; not to permit the carriage on deck of any cargo
which by reason of its arrangement, 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 in which it is undertaken, merchandise may
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
ship agent.
6. To demand a pilot at the expense of the vessel whenever
required by the navigation, and principally when he has to
enter a port, canal, or river, or has to take a roadstead or
anchoring place with which neither he nor the officers and
crew are acquainted.
7. To be on deck on reaching 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

accrue shall belong to the other persons interested, and the

losses shall be borne by him exclusively.

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

maritime authority if in the Philippines and to the consul of
the Republic of the Philippines if in a foreign country, before
twentyfour hours have elapsed, and to make a statement of
the name registry, and port of departure of the vessel, of its
cargo, and the cause of arrival which declaration shall be
visaed by the authority or the consul, if after examining the
same it is found to be acceptable, giving the captain the
proper certificate proving his arrival in distress and the
reasons therefor. In the absence of the maritime authority or
of the consul, the declaration must be made before the local
authority.

ARTICLE 614. A captain who, having made an agreement to

make a voyage, fails to perform his undertaking, without
prevented by fortuitous accident or force majeure, shall
indemnify for all the losses which he may cause without
prejudice to the criminal penalties which may be proper.

9. To take the necessary steps before the competent authority

in order to record in the certificate of the vessel in the registry
of vessels the obligations which he may contract in
accordance with Article 583.

ARTICLE 616. If the provisions and fuel of the vessel should be

consumed before arriving at the port of destination, the
captain shall order, with the consent of the officers of the
same, the arrival at 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 deliver said provision for the
common consumption of all those who may be on board,
paying the price thereof at the same time, or at the latest, at
the first port reached.

10. To place under good care and custody 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, or, in their absence, of members of the crew as
witnesses.
11. To conduct himself according to the rules and precepts
contained in the instructions of the ship agent, being liable for
all that which he may do in violation thereof.
12. To inform the ship agent from the port at which the vessel
arrives, of the reason of his arrival, taking advantage of the
semaphore, telegraph, mail, etc., as the case may be; to
notify him of the cargo he may have received, stating the
names and domiciles of the shippers, freightage earned, and
amounts borrowed on bottomry loan; to advise him of his
departure, and of any operation and date which may be of
interest to him.
13. To observe the rules with respect to situation, lights and
maneuvers in order to avoid collisions.
14. To remain on board, in case the vessel is in danger, until
all hope to save it is lost, and before abandoning it, to 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.

ARTICLE 615. Without the consent of the agent, the captain

cannot 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 articles, the captain as well as the substitute may
be discharged by the ship agent.

ARTICLE 617. The captain may not contract loans on

respondentia secured by the cargo; and should he do so, the
contracts shall be void. Neither may 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 there does not exist any
other kind of lien or obligation chargeable against the vessel.
If he may do so, he must state what interest he has in the
vessel.
In case of violation of this article, the principal, interest, and
costs shall be for the personal account of the captain, and the
ship agent may furthermore discharge him.
ARTICLE 618. The captain shall be civilly liable to the ship
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 its 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 customs, police, health, and navigation laws
and regulations.

16. To comply with the obligations imposed by the laws and

regulations on navigation, customs, health, and others.

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 timely use of all his authority to prevent or avoid them.

ARTICLE 613. A captain who navigates for freight in common

or on shares may not make any separate transaction for his
own account; and should he do so, the profit which may

5. For those caused by the misuse of the powers and the nonfulfillment of the obligations pertaining to him 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 exceptions whatsoever shall exempt him from this
obligation.
7. For those arising by reason of his voluntarily entering a port
other than that of his destination, outside of the cases or
without the formalities referred to in Article 612.
8. For those arising by reason of non-observance of the
provisions contained in the regulations on situation of lights
and maneuvers for the purpose of preventing collisions.
ARTICLE 619. The captain shall be liable for the cargo from the
time it is delivered to him at the dock or afloat alongside the
at the port of loading, until he delivers it on the shore or on
the discharging wharf at 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 force majeure; but he
shall always be so for those arising through his own fault, no
agreement to the contrary being valid.
Neither shall he be personally liable for the obligations he
may have contracted for the repair, equipment, and
provisioning of the vessel, which shall devolve upon the ship
agent, unless the former has expressly bound himself
personally or has signed a bill of exchange or promissory note
in his name.
ARTICLE 621. A captain who borrows money on the hull,
engine, rigging or tackle of the vessel, or pledges or sells
merchandise or provisions outside of the cases and without
the formalities prescribed in this Code, shall be liable for the
principal, interests, and costs, and shall indemnify for the
damages he may cause.
He who commits fraud in his accounts shall pay the amount
defrauded and shall be subject to the provisions of the Penal
Code.
ARTICLE 622. If while on a voyage the captain should learn 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 he has received express
orders from the ship agent or the shippers.
ARTICLE 623. If he should be attacked by a privateer, and,
after having tried to avoid the encounter and having resisted
the delivery of the effects of the vessel or its cargo, they
should be forcibly taken away from him, or he should be
obliged to deliver them, he shall make an entry thereof in his
freight book and shall prove the fact before the competent
authority at the first port he touches.
After the force majeure has been proved, he shall be
exempted from liability.

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
twenty-four hours following his arrival and shall ratify it within
the same period when he arrives at his destination,
immediately proceeding with the proof of the facts, and he
may not open the hatches until after 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 facts.
The authority or the consul shall verify the said facts receiving
sworn statements of the members of the crew and passengers
who may have been saved; and taking such other steps as
may assist in arriving at the facts he shall make a statement
of the result of the proceedings in the log book and in that of
the sailing mate, and shall deliver to the captain the original
record of the proceedings, stamped and folioed, with a
memorandum of the folios, which he must rubricate, in order
that it may be presented to the judge or court of the port of
destination.
The statement of the captain shall be accepted if it is in
accordance with those of the crew and passengers; if they
disagree, the latter shall be accepted, always saying proof to
the contrary.
ARTICLE 625. The captain, under his personal responsibility as
soon as he arrives at the port of destination, should get the
necessary permission from the health and customs officers,
and perform the other formalities required by the regulations
of the administration, delivering the cargo without any
defalcation, to the consignee, and in a proper case, the
vessel, rigging, and freightage to the ship agent.
If by reason of the absence of the consignee or on account of
the nonappearance of a legal holder of the bills of lading, the
captain should not know to whom he is to legally make the
delivery of the cargo, he shall place it at the disposal of the
proper judge or court or authority, in order that he may
determine what is proper with regard to its deposit,
preservation and custody.
SECTION THREE
OFFICERS AND CREW OF VESSELS
ARTICLE 626. In order to be a sailing mate it shall be
necessary:
1. To have the qualifications required by the marine or
navigation laws or regulations.
2. Not to be disqualified in accordance therewith for the
discharge of his duties.
ARTICLE 627. The sailing mate, as the second chief of the
vessel, and unless the agent orders otherwise, shall take the
place of the captain in cases of absence, sickness, or death,
and shall then assume all his powers, duties, and
responsibilities.

ARTICLE 628. The sailing mate must provide himself with

charts of the seas in which he will navigate with the
astronomical tables and instruments for observation which are
in use and which are necessary for the discharge of his duties,
being liable for the accidents which may arise by reason of his
omission in this regard.
ARTICLE 629. The sailing mate shall particularly and
personally keep a book, folioed and stamped on all its pages,
denominated "Binnacle Book" with a memorandum at the
beginning stating the number of folios it contains, signed by
the competent authority, and shall enter therein daily the
distance, the course travelled, the variations of the needle,
the leeway, the direction and force of the wind, the condition
of the atmosphere and of the sea, the rigging set, the latitude
and longitude observed, the number of furnace heated, the
steam pressure, the number of revolutions, and under the title
"incidents," the maneuvers made, the meeting with other
vessels, and all the details and incidents which. may occur
during the voyage.
ARTICLE 630. In order to change the course and to take the
one most convenient for a good voyage of the vessel, the
sailing mate shall come to an agreement with the captain. If
the latter should object, the sailing mate shall state to him the
proper observations in the presence of the other officers of
the sea. If the captain should still insist on his negative
decision, the sailing mate shall make the proper protest,
signed by him and by one other officer, in the log book, and
shall obey the captain, who alone shall be responsible for the
consequences of his decision.
ARTICLE 631. The sailing mate shall be responsible for all the
damages caused to the vessel and the cargo by reason of his
negligence or want of skill without prejudice to the criminal
liability which may arise, if a felony or misdemeanor has been
committed. aisadc
ARTICLE 632. The following shall be the obligations of the
second mate:
1. To watch over the preservation of the hull and rigging of the
vessel, and to take charge of the preservation of the tackle
and equipment which make up her outfit, suggesting to the
captain the repairs
necessary and the replacement of the goods and implements
which are rendered useless and are lost.
2. To take care that the cargo is well arranged, keeping the
vessel always ready for maneuver.
3. To preserve order, discipline, and good service among the
crew, requesting the necessary orders and Instructions of the
captain, and giving him prompt information of any occurrence
in which the intervention of his authority may be necessary.
4. To assign to each sailor the work he is to do on board, in
accordance with the instruction received and to see that it is
promptly and accurately carried out.
5. To take charge under inventory of the rigging and all the
equipment of the vessel, if it should be laid up, unless the ship
agent has ordered otherwise.

With regard to engineers the following rules shall govern:

1. In order to be taken on board as a marine engineer forming
part of the complement of a merchant vessel, it shall be
necessary to have the qualifications which the laws and
regulations require, and not be disqualified in accordance
therewith for the discharge of his duties. Engineers shall be
considered officers of the vessel but they shall have no
authority or intervention except in matters referring to the
motor apparatus.
2. When there are two or more engineers on board a vessel,
one of them shall be the chief, and the other engineers and all
the personnel of the engines shall be under his orders; he
shall also have charge of the motor apparatus, the spare
parts, the instruments and tools pertaining thereto, the fuel,
the lubricating material and, finally, whatever is entrusted to
an engineer on board a vessel.
3. He shall keep the engines and boilers in good condition and
state of cleanliness, and shall order what may be proper in
order that they may always be ready to work with regularity,
being liable for the accidents or damages which his
negligence or want of skill may cause to the motor apparatus,
to the vessel and to the cargo, without prejudice to the
criminal liability which may be proper if there has been a
felony or misdemeanor.
4. He shall not make any change in the motor apparatus, or
proceed to repair the averages he may have noticed in the
same, or change the normal speed of its movement without
the prior authorization of the captain., to whom, if he should
object to their being made, he shall state the proper
observations in the presence of the other engineers or
officers; and if, notwithstanding this, the captain should insist
on his objection, the chief engineer shall make the proper
protests, entering the same in the engine book, and shall
obey the captain, who, alone shall be responsible for the
consequences of his decision.
5. He shall inform the captain of any average which may occur
in the motor apparatus, and shall advise him whenever it may
be necessary to stop the engines for some time, or when any
other incident occurs in his department of which the captain
should be immediately informed, besides frequently advising
him of the consumption of fuel and lubricating material.
6. He shall keep a book or registry called the "engine book," in
which shall be entered all the date referring to the work of the
engines, such as, for example, the number of furnaces
heated, the vacuum in the condenser, the temperature, the
degree of saturation of the water in the boilers the
consumption of fuel and lubricating material, and under the
heading of "noteworthy occurrences," the averages and
maladjustments which occur in the engines and boilers, the
causes thereof and the means employed to repair the same
likewise, the force and direction of the wind, the rigging set
and the speed of the vessel shall be stated, taking the
information from the Binnacle Book.
ARTICLE 633. The second mate shall take command of the
vessel in case of the inability or disqualification of the captain
and the sailing mate, assuming in such case their powers and
responsibility.

ARTICLE 634. The captain may make up the crew of his vessel
with such number of men as he may consider proper, and in
the absence of Filipino sailors, he may take on foreigners
residing in the country, the number thereof not to exceed onefifth of the crew. If in foreign ports the captain should not find
a sufficient number of Filipino sailors, he may complete the
crew with foreigners, with the consent of the consul or marine
authorities.
The agreement which the captain may make with the
members of the crew and others who go to make
up the complement of the vessel, to which reference is made
in Article 612, must be reduced to writing in the account book,
without the intervention of a notary public or clerk of court
("escribano"), signed by the parties thereto and visaed by the
marine authority if they be executed in Philippine territory or
by the consuls or consular agents of the Republic of the
Philippines if executed abroad, stating therein all the
obligations which each one contracts and all the rights he
acquires said authorities taking care that these obligations
and rights are recorded in a clear and definite manner which
give no room for doubts or claims. cd
The captain shall take care to read to them the articles of this
Code which concern them, stating in said document that they
were read.
If the book contains the requisites prescribed in Article 612,
and there should not appear any signs of alterations in its
entries, it shall be admitted as evidence in questions which
may arise between the captain and the crew with respect to
the agreements contained therein and the amounts paid on
account of the same.
Every member of the crew may demand of the captain a copy,
signed by the latter, of the agreement and of the liquidation of
his wages, as they appear in the book.
ARTICLE 635. A seaman who has been contracted to serve on
a vessel may not rescind his contract or fail to comply
therewith except by reason of a legitimate impediment which
may have happened to him.
Neither may he transfer from the service of one vessel to
another without obtaining the written permission of the
captain of the vessel on which he may be.
If, without obtaining said permission, the seaman who has
signed for one vessel should sign for another one, the second
contract shall be void, and the captain may choose between
forcing him to fulfill the service to which he first bound
himself, or at his expense to look for a person to substitute
him.
Furthermore, he shall lose the wages earned on his first
contract, to the benefit of the vessel for which he had signed.
A captain who, knowing that a seaman is in the service of
another vessel, should have made a new agreement with him
without having required of him the permission referred to in
the preceding paragraphs, shall be subsidiarily responsible to
the captain of the vessel to which the seaman first belonged,
for that part of the indemnity, referred to in the third

paragraph of this article, which the seaman may not be able

to pay.
ARTICLE 636. If there is no fixed period for which a seaman
has been contracted he may not be discharged until the end
of the return voyage to the port where he enlisted.
ARTICLE 637. Neither may the captain discharge a seaman
during the time of his contract except for just cause, the
following being considered as such:
1. The perpetration of a crime which disturbs order on the
vessel.
2. Repeated insubordination, want of discipline, or nonfulfillment of the service.
3. Repeated incapacity and negligence in the fulfillment of the
service he should render.
4. Habitual drunkenness.
5. Any occurrence which incapacitates the seaman to perform
the work entrusted to him, with the exception of that provided
in Article 644.
6. Desertion.
The captain may, however, before getting out on a voyage
and without giving any reason, refuse to permit a seaman
whom he may have engaged to go on board, and leave him
on land, in which case he will be obliged to pay him his wages
as if he had rendered services.
This indemnity shall be paid from the funds of the vessel if the
captain should have acted for reasons of prudence and in the
interest of the safety and good services of the farmer. Should
this not be the case, it shall be paid by the captain personally.
After the voyage has begun, during the same, and until the
conclusion thereof, the captain may not abandon any member
of his crew on land or on sea, unless, by reason of some
crime, his imprisonment and delivery to the competent
authority in the first port touched should be proper, a matter
obligatory for the captain.
ARTICLE 638. If, after the crew has been engaged, the voyage
is revoked by the will of the ship agent or of the charterers
before or after the vessel has put to sea, or if the vessel is for
the same reason given a destination different from that fixed
in the agreement with the crew, the latter shall be
indemnified on account of the rescission of the contract,
according to the cases follows:
1. If the revocation of the voyage should be decided upon
before the departure of the vessel from the port, each sailor
engaged shall be given one month's salary, besides what may
be due him, in accordance with his contract, for the services
rendered to the vessel up to the date of the revocation.
2. If the agreement should have been for a fixed amount for
the whole voyage, that which may be due for said month and
days shall be determined in proportion to the approximate
number of days the voyage should have lasted, in the

judgment of experts, in the manner established in the law of

Civil
Procedure; and if the proposed voyage should be of such short
duration that it is calculated at approximately one month, the
indemnity shall be fixed for fifteen days, discounting in all
cases the sums advanced.
3. If the revocation should take place after the vessel has put
to sea, the seamen engaged for a fixed amount for the
voyage shall receive in full the salary which may have been
offered them as if the voyage had terminated; and those
engaged by the month shall receive the amount
corresponding to the time they might have been on board and
to the time they may require to arrive at the port of
destination, the captain being obliged, furthermore, to pay the
seamen in both cases, the passage to the said port or to the
port of sailing of the vessel, as may be convenient for them.
4. If the ship agent or the charterers of the vessel should give
it a destination different from that fixed in the agreement, and
the members of the crew should not agree thereto, they shall
be given by way of indemnity half the amount fixed in case
No. 1, besides what may be owed them for the part of the
monthly wages corresponding to the days which have elapsed
from the date of their agreements.
If they accept the change, and the voyage, on account of the
greater distance or of other reasons, should give rise to an
increase of wages, the latter shall be adjusted privately or
through amicable arbitrators in case of disagreement. Even
though the voyage should be shortened to a nearer point, this
shall not give rise to a reduction in the wages agreed upon.
If the revocation or change of the voyage should come from
the shippers or charterers, the agent shall have a right to
demand of them the indemnity which may be justly due.
ARTICLE 639. If the revocation of the voyage should arise from
a just cause independent of the will of the ship agent and
charterers, and the vessel should not have left the port, the
members of the crew shall have no other right than to collect
the wages earned up to the day on which the revocation took
place.
ARTICLE 640. The following shall be just causes for the
revocation of the voyage.
1. A declaration of war or interdiction of commerce with the
power to whose territory the vessel was bound.
2. The blockade of the port of its destination, or the breaking
out of an epidemic after the agreement.
3. The prohibition to receive in said port the goods which
make up the cargo of the vessel.
4. The detention or embargo of the same by order of the
government, or for any other reason independent of the will of
the ship agent.
5. The inability of the vessel to navigate. cdasia

ARTICLE 641. If, after a voyage has been begun, any of the
first three causes mentioned in the foregoing article should
occur, the sailors shall be paid at the port which the captain
may deem advisable to make for the benefit of the vessel and
cargo, according to the time they may have served thereon;
but if the vessel is to continue its voyage, the captain and the
crew may mutually demand the enforcement of the contract.
In case of the occurrence of the fourth cause, the crew shall
continue to be paid half wages, if the agreement is by month;
but if the detention should exceed three months, the contract
shall be rescinded and the crew shall be paid what they
should have earned according to the contract if the voyage
had been concluded. And if the agreement should be for a
fixed sum for the voyage, the contract must be complied
within the terms agreed upon. In the fifth case, the crew shall
have no other right than to collect the wages earned; but if
the disability of the vessel should have been caused by the
negligence or lack of skill of the captain, engineer, or sailing
mate, they shall indemnify the crew for the damages suffered,
always without prejudice to the criminal liability which may be
proper.
ARTICLE 642. If the crew have been engaged on shares, they
shall not be entitled, by reason of the revocation, delay, or
greater extension of the voyage, to anything but the
proportionate part of the indemnity which way be paid into
the common funds of the vessel by the persons liable for said
occurrences.
ARTICLE 643. If the vessel and her cargo should be totally lost,
by reason of capture or wreck, all rights shall be extinguished,
both as regards the crew to demand any wages whatsoever,
and as regards the ship agent to recover the advances made.
If a portion of the vessel or of the cargo, or of both, should be
saved, the crew engaged on wages, including the captain,
shall retain their rights on the salvage, so far as they go, on
the remainder of the vessel as well as on the amount of the
freightage of the cargo saved; but sailors who are engaged on
shares shall not have any right whatsoever on the salvage of
the hull, but only on the portion of the freightage saved. If
they should have worked to recover the remainder of the
shipwrecked vessel they shall be given from the amount of
the salvage an award in proportion of the efforts made and to
the risks, encountered in order to accomplish the salvage.
ARTICLE 644. A seaman who falls sick shall not lose his right
to wages during the voyage, unless the sickness is the result
of his own fault. At any rate, the costs of the attendance and
cure shall be defrayed from the common funds, in the form of
a loan.
If the sickness should come from an injury received in the
service or defense of the vessel, the seaman shall be
attended and cured at the expense of the common funds
deducting, before anything else, from the proceeds of the
freightage the cost of the attendance and cure.
ARTICLE 645. If a seaman should die during the voyage, his
heirs will be given the wages earned and not received
according to his contract and the cause of his death, namely

If he died a natural death and was engaged on wages, that

which may have been earned up to the date of his death shall
be paid.

3. If the vessel should change owner or captain.

ARTICLE 648. By the complement of a vessel shall be
understood all the persons on board, from

If the contract was for a fixed sum for the whole voyage, half
the amount earned shall be paid if the seamen died on the
voyage out, and the whole amount if he died on the return
voyage.

the captain to the cabin boy, necessary for the management,

maneuvers, and service, and therefore, the

And if the contract was on shares and death occurred after

the voyage was begun, the heirs shall be paid the entire
portion due the seaman; but if the latter died before the
departure of the vessel from the port, the heirs shall not be
entitled to claim anything.

not having specific designations; but it shall not include the

passengers or the persons whom the vessel is transporting.

If death occurred in the defense of the vessel, the seaman

shall be considered as living, and his heirs shall be paid, at the
end of the voyage, the full amount of wages or the integral
part of the profits which may be due him as to others of his
class.
In the same manner, the seaman captured while defending
the vessel shall be considered present so as to enjoy the same
benefits as the rest; but should he have been captured on
account of carelessness or other accident not related to the
service, he shall only receive the wages due up to the day of
his capture.
ARTICLE 646. The vessel with her engines, rigging, equipment,
and freightage shall he liable for the wages earned by the
crew engaged per month or for the trip, the liquidation and
payment to take place between one voyage and the other.
After a new voyage has been undertaken, credits of such kind
pertaining to the preceding voyage shall lose their right of
preference.
ARTICLE 647. The officers and the crew of the vessel shall be
free from all obligations if they deem it proper, in the following
cases:
1. If, before beginning the voyage, the captain attempts to
change it, or a naval war with the power to which the vessel
was destined occurs.
2. If a disease should break out and be officially declared an
epidemic in the port of destination.

complement shall include the crew, the sailing mates,

engineers, stokers and other employees on board

SECTION FOUR
SUPERCARGOES

ARTICLE 649. Supercargoes shall discharge on board the

vessel the administrative duties which the ship agent or the
shippers may have assigned to them; they shall keep an
account and record of their transactions in a book which shall
have the same conditions and requisites as required for the
accounting book of the captain, and they shall respect the
latter in his capacity as chief of the vessel.
The powers and responsibilities of the captain shall cease,
when there is a supercargo, with regard to that part of the
administration legitimately conferred upon the latter, but shall
continue in force for all acts which are inseparable from his
authority and office.
ARTICLE 650. All the provisions contained in the second
section of Title III, Book II, with regard to capacity, manner of
making contracts, and liabilities of factors, shall be applicable
to supercargoes.
ARTICLE 651. Supercargoes may not, without special
authorization or agreement, make any transaction for their
own account during the voyage, with the exception of the
ventures which, in accordance with the custom of the port of
destination, they are permitted to do.
Neither shall they be permitted to invest in the return trip
more than the profits from the ventures, unless there is an
express authorization from the principals.