Other Code of Commerce

provisions on captains
• 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 accrue shall belong to the
other persons interested, and the losses shall be borne by him
exclusively.
• Article 614- A captain who, having made an agreement to make a
voyage, fails to perform his undertaking, without being 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.
• 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 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 supply of either; but if there are persons on board
who have provisions of their own, he may force them to deliver said
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.
• 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 622- If while on voyage the captain should learn of the
appearance of the 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 24 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 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 the 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 destinantion.
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
the proper case, the vessel, rigging, and freightage to the ship agent.
Inter-Orient Maritime Enterprises, Inc. vs.
NLRC
• A captain’s decision to wait for 7 hours, with the consultation of the
vessel’s chief engineer, for the delivery of the supplies needed for the
repairs of the ship does not constitute arbitrary, capricious, or grossly
insubordinate behavior on his part.
Sweet Lines, Inc. vs. Court of Appeals
• A passengers right to indemnity is evident when a voyage interrupted
by the captain upon the instructions of the management, which was
neither due to a fortuitous event or force majeure nor to disability of
the vessel.
• The owner of a vessel and the ship agent shall be civilly liable for the
acts of the captain.
Officers and Crew of Vessels
Article 648 of the Code of Commerce:
• Complement of a vessel- All the persons on board, from the captain
to the cabin boy, necessary for the management, maneuvers, and
service.
It includes the crew, the sailing mates, engineers, stokers and other
employees on board.

It does not include the passengers whom the vessel is transporting.

MARINA Memorandum Circular No. 137

The officers named in connection with safe manning for international

trade are the following:

• Master- The person having command of a ship.

• Deck Officer- An officer qualified in accordance with the provisions of
the International Convention on Standards of Traning, Certification
and Watchkeeping for Seafarers of 1978.
• Chief Engineer- A senior licensed marine engineer officer responsible
for the mechanical propulsion and the operation and maintenance of
the mechanical and electrical installations of the ship.
• Engineer Officer- An officer qualified in accordance with the
provisions of the International Convention on Standards of Traning,
Certification and Watchkeeping for Seafarers of 1978.
• Radio Officer- A person holding an appropriate certificate issued and
recognized by the Administration under the provisions of the Radio
Regulations.
• Ratings Man- A member of the ship’s crew, other than the master or
an officer.
MARINA Memorandum Circular No. 148
The officers for domestic trade are the following:

• Officer- A member of the crew, other than the master, who has been
designated as such national law or regulation or, in the absence of
such designation, by collective agreement of custom
• Master- The person having command of a ship.
• Chief Mate- An officer next in rank to the Master and upon whom the
command of a ship will fall in the event of the incapacity of the
master.
• Deck Officer- An officer qualified in accordance with the provisions of
the Convention.
• Chief Engineer Officer- A senior engineer officer responsible for the
mechanical propulsion and the operation and maintenance of the
mechanical and electrical installations of the ship.
• Second Engineer Officer- The engineer officer next-in-rank to the
Chief Engineer and upon whom the responsibility for the mechanical
propulsion and the operation and maintenance of the mechanical and
electrical installations of the ship will fall in the event of incapacity of
the Chief Engineer.
• Engineer Officer- An officer qualified in accordance with the
provisions of the Convention
• Medical Practitioner- A registered Doctor of Medicine in charge of the
medical department of the ship.
• Radio Officer- A person holding an appropriate certificate issued and
recognized by the Administration under the provisions of the Radio
Regulations Act.
• Paramedics- Auxiliary medical personnel such as midwives, or nurses
with special training on administering first aid.
• Major Patron- A marine deck officer duly registered and certificated
to act as officer or master of the vessel/ship of not more than 500 GT
navigating in the major coastwise trade routes within the territorial
limits of the Philippines.
• Minor Patron- A marine deck officer duly registered and certified to
act as officer or master of a vessel/ship of not more than 250 GT
navigating within a specified body of water in the minor coastwise
trade routes in the Philippines.
• Boat Captain- A person authorized by the Administration to act as
officers and/or in command of a boat/ship or the qualification/license
to act as such.
• Marine Diesel Mechanic- A person authorized by the Administration
to operate and maintain the ship’s diesel engine/s or the
qualification/license to act as such.
• Electrician- A licensed master electrician who is responsible for the
maintenance of the electrical installations of the ship.
• Rating- A member of the ship’s crew other than the master or an
officer.
R.A. 8544- Philippine Merchant Marine
Officers Act of 1998
The law declares that it is the policy of the State:
• To promote and insure the safety of life and property at sea;
• To protect and serve the marine environment and ecology;
• To prevent marine pollution and accident at sea by complying with
the STCW, to which the Philippines is a signatory.
• To institutionalize radical changes as required by international and
national standards to insure that only qualified, competent, and
globally competitive Marine Deck/Engineer Officers as determined
through licensure examinations shall be allowed entry to the practice
of the Merchant Marine Profession.
Pertinent provisions of R.A. 8544
• Section 4. Definition of terms. –
(a) "Practice of Merchant Marine Profession" – shall refer to the profession
requiring the application of fundamental and known principles of navigation,
seamanship and engineering to the peculiar condition and requirements of on
board management, operation and maintenance of main propulsion and auxiliary
engines, stability and trim of the vessel and cargo handling. It shall also cover but
will not be limited to the following:
(1) The proper handling and stowage of cargoes on board ship which includes the
safe carriage of passengers from port of origin to port of destination;
(2) The safe watchkeeping of the vessel's navigation in accordance with the Rules of
the Road at Sea;
(3) The Maritime Education and Training of Cadets and other Marine Professionals;
(4) Employment with government, provided such item or position requires the
knowledge and expertise of a Merchant Marine Officer.
• (b) "Merchant Marine Vessel" – shall apply only to the commercial
ships, propelled by machinery, public or private, strictly engaged in
maritime commerce, both seagoing and/or near-coastal trade, vessels
engaged in the training of cadets for the merchant marine profession,
and noncombatant vessels of the Philippine Government.
• (c) "Merchant Marine Officer" – shall refer to marine deck or engineer
officer.
• (d) "Merchant Marine Deck Officer" – shall refer to a duly registered,
certified and licensed master mariner, chief mate and officer-in-
charge of a navigational watch.
• (e) "Merchant Marine Engineer Officer" – shall refer to a duly
registered, certified and licensed chief engineer, second engineer, and
officer-in-charge of an engineering watch in a manned engine-room
or designated duty engineer in a periodically unmanned engine-room,
and coastal engineer.
• Section 13. Examination Required. – All applicants for registration for
the practice of the Maritime Profession shall be required to undergo
and pass a written technical examination as provided for in this Act.
When conditions and circumstances warrant, the Board may give
walk-in examinations, subject to the approval of the Commission.
• Section 14. Qualifications of Applicant for Examination. – Every
applicant for examination shall establish the following requisites:
• [a] He is a citizen of the Philippines
• [b] He is of good moral character;
• [c] He has met standards of medical fitness, particularly with good
eyesight and hearing as certified by a Department of Health [DOH]
accredited medical institution conducting physical and medical
examinations for seafarers
• [d] In the case of Marine Deck/Engineer Officer, he must be a
graduate of Bachelor of Science in Maritime Transportation or
Bachelor of Science in Marine Engineering in a school, academy,
institute, college or university duly recognized by the Commission on
Higher Education [CHED];
• [e] For an applicant taking the examination other than that for the
Marine Deck/Engineer Officer, he must have completed a course
approved by the appropriate government agency, as defined in the
rules and regulations implementing this Act.
• Section 15. Fraudulent Application. – The Board may suspend or
revoke any Certificate of Registration obtained through
misrepresentation made in the application for examination.
• Section 16. Scope of Examination. – The subjects that shall be
included in the examination for Marine Deck/Engineer Officer
shall include, among others, the following major functions:

• (1) Navigation;
• (2) Cargo Handling and Stowage;
• (3) Controlling the Operation of the Ship and Care for the
Persons On-Board;
• (4) Marine Engineering;
• (5) Electrical, Electronic and Control Engineering;
• (6) Maintenance and Repair;
• (7) Radio Communications at the following levels of responsibility:
(a) Management Level
(b) Operation Level
• The said subjects and their syllabi may be amended by the Board so
as to conform to technological changes brought about by continuing
trends in the profession.
• Section 27. Practice of Merchant Marine Profession. – No person
shall practice or offer to practice the merchant marine profession in
the Philippines or offer himself as a marine deck/engineer officer, or
use the title, word, letter, figure or any sign tending to convey the
impression that he is a marine deck/engineer officer, or advertise or
indicate in any manner whatsoever that he is qualified to perform the
work of a marine deck/engineer officer unless he has satisfactorily
passed the licensure examination given by the Board and is a holder
of a valid Certificate of Registration and Certificate of Competency
duly issued to him by the Board of Marine Deck/Engineer Officers.
• In compliance with the STCW '78 convention and its amendments,
the person holding senior merchant marine licenses namely, the
master, chief officer, chief engineer and second engineers must be
able to function under the management level of responsibility while
the officers-in-charge of navigational and engineering watch must be
able to function under the operational level of responsibility
• Section 28. Recognition of Certificates. – A foreigner holding a
Certificate of Competency issued by his national administration in
accordance with STCW '78 Convention, as amended, requirements
shall be issued special dispensation to serve on board a Philippine
registered vessel engaged in the international trade: Provided, That
the Philippine Certificate of Competency issued and endorsed by the
Board shall be reciprocally recognized by the said foreign national
administration to allow the Filipino merchant marine to practice his
profession on board the foreigner's flag vessel.
• Section 29. Quality Standards. – The Boards shall establish a system
of standards that shall be subject to external management
assessment or audit in accordance with the STCW '78 Convention, as
amended
• Section 30. Funding Provision. – Such sums as may be necessary to
carry out the provisions of this Act shall be included in the General
Appropriations Act of the year following its enactment into law and
thereafter.
• Section 31. Integration of Marine Deck/Engineer Officers. – All
marine deck/engineer officers shall be integrated into one [1]
national organization which shall be recognized by the Board and by
the Commission as the one and only integrated and accredited
association of Marine Deck/Engineer Officers. A Marine
Deck/Engineer Officer duly registered with the Board shall
automatically become a member of the integrated and accredited
association of Marine Deck/Engineer Officers, and shall receive the
benefits and privileges appurtenant thereto upon payment of the
required fees and dues. Membership in the integrated and accredited
association shall not be a bar to membership in other associations of
marine deck/engineer officers
• Section 32. Code of Ethics for Marine Deck/Engineer Officers. – The
Board shall adopt and approve the Code of Ethics for Marine
Deck/Engineer Officers prescribed by the integrated and accredited
national association of Marine Deck/Engineer Officers.
Certificates issued under MARINA STCW
Administration Act
• Certificate of competency- A certificate issued to masters, officers,
and Global Maritime Distress and Safety System radio operators
entitling the lawful holder to serve and perform the functions
involved at the level of responsibility specified.
• Certificate of endorsement- An attestation of the maritime
administration as to the authenticity and validity of the certificates
stating that the issuance of the relevant certificate is in compliance
with the requirements of the STCW Convention.
• Certificate of proficiency- A certificate issued to a seafarer, stating
that the requirements of training competencies under the STCW
Convention have been met.