MAURICIO, OMAR KAREEM V.

PERSONS WHO TAKE PART IN MARITIME COMMERECE

A. Ship Agent
A person entrusted with provisioning of the vessel, or who represents her in the port in
which she happens to be
Elected by the ship owner/s to represent them; thus, revocable (Art. 594 Code of
Commerce of the Philippines CCP)
Powers:
1. Enter into contracts on behalf of ship owners (Art, 594, CCP)
2. Represent vessel in any action in a court or tribunal (Art, 594, CCP)
3. Discharge the ship captain or crew/s of his/their duties (Art. 596, CCP)
Exception: If contract of captain/crew is for a specific period
Exception to exception: If discharged by reason of insubordination, robbery, theft,
habitual drunkenness, damage caused to the vessel through malice or negligence
4. Make captain accountable under Art. 612 and 618, CCP (Art. 587, CCP)
Limitations to Powers: (Art. 598, CCP)
1. Cannot order new voyage
2. Cannot make contracts for new charters
3. Cannot insure vessel (without authorization)
Exception: If such powers are granted in the certificate of appointment
Liabilities of the Ship Agent:
1. Ship Owner and Ship Agent jointly and civilly liable for damages arising from (1)
breach of contract and (2) extra contractual obligations (i.e. tort) (Art. 586,
2. Jointly and Civilly liable for indemnities to third persons (Art. 587, CCP)
Exception to 1 &2: Captain acts in excess of authority
Exception to exception: a. Amounts claimed invested to the benefit of the ship
b. Art. 2176 NCC Vicarious liability
c. Art. 2180 NCC Direct & primary liability of employer
3. If managing for an association: Account the results of each voyage (Art. 598, CCP)
B. Co-owners
Co-ownership presumed when two or more persons are part owners of a merchant
vessel
Powers:
1. Elect a ship agent
2. Issue/Make resolutions regarding:
a. maintenance, equipment and provisioning of the vessel
b. dissolution of the partnership
c. matters concerning the sale and management of the vessel
* Resolutions promulgated by the majority shall bind the minority
Liabilities:
1. Proportionate payment of expenses through executor action by the managing agent
2. Proportionate Division of profits between co-owners

3. Indemnification of the captain for expenses incurred

C. Captain
Qualifications:
1. Filipino citizenship
2. Legal capacity to contract
3. Skill, capacity and qualifications to command and direct a vessel
* Financial administration if without necessary qualifications
Powers:
1. Appoint or make new contracts with the crew in the absence of the ship agent
2. Command crew and direct the vessel to the port of its destination
3. Impose punishment upon those who fail to comply with his orders or are wanting in
discipline subsequent the holding of a preliminary hearing
4. Make contracts for the charter of the vessel
5. Adopt all proper measures to keep the vessel well supplied and equipped
6. Order repairs on the vessel in urgent cases while on a voyage
Obligations:
1. Have on board (a) an inventory of vessel parts and equipment, (b) a roll of the crew
and their contracts, (c) royal/navigation certificate, (d) list of passengers, (e) bill of
health, (f) certificate of registry, etc.
2. Have on board three folioed and stamped books:
a. Logbook
b. Accounting Book
c. Freight Book
3. Have the vessel checked by, at least, two experts
4. Remain constantly on board while cargo is being taken on board and watch towage
thereof and not allow loading of dangerous cargo without precautions and which may
endanger the safety of the vessel
5. Demand a pilot when required by the voyage
6. Present himself when making a port in distress before twenty four hours have elapsed
to the Maritime Authority or consul of the Republic of the Philippines
7. Remain on board in case the vessel is in danger until all hope to save it is lost
Liabilities
Captain is liable to the ship agent/owners and third persons in case of:
1. Damage to the vessel due to negligence
2. Misdemeanor aboard the vessel
3. Thefts commited by the cew
4. Losses, fines and confiscations imposed on the vessel due to customs, police, health
and navigation laws and regulations violations
5. Damage arising by reason of going out of course
Liability of the captain for a cargo begins from the time of delivery until delivery to the
shore or on the discharging wharf at the port of unloading
Captain shall not be liable (1) for damages caused to vessel or cargo by force majeure and
(2) for obligations contractd for the repair and provisioning of the vessel
D. Pilot & Master

Pilot is a person duly qualified and licensed to conduct a vessel into or out of ports, or in
certain waters