CHAPTER

7
1. May vessels be acquired by means of prescription?
A: Yes. Vessels may be acquired or transferred by any means recognized by law. Thus,
vessels may be sold, donated and even be acquired through prescription. Article 712 of
the New Civil Code provides tat ownership and other real rights over property are
acquired and transmitted by law, by donation, by estate, by occupation and by means of
prescription.

2. X chartered the ship of Y to transport his logs from Zamboanga to Manila. In the course
of their voyage, the ship met a storm and had to dock in Cebu for three days. Z, the
captain of the ship borrowed P20,000 from X in the pretext that he would need the
money for the repair of the ship. Z misappropriated the money and converted it to his
own benefit, what is the liability of Y, if any?

A: Mr Y is not liable. Under Art 586 of the code, a ship owner would only be
liable for contracts made by the captain if
a. when he was duly authorized or
b. even when unauthorized, for ship repairs, or for equipping or provisioning
the vessel when the proceeds are invested therein. The loan by the captain
from X does not fall under any of the foregoing cases.

3. TRUE or FALSE. The requirement that a vessel must carry a manifest is already complied
with even if only a bill of lading is presented.
a. FALSE. A vessel must carry, at all times, a manifest. A bill of lading is just a
declaration of a specific cargo rather than the entire cargo.

4. What are flags of convenience?
- it is a business practice whereby a merchant ship is registered in a country other than
that of the ship owners and the ship flies that countrys civil ensign. Owners of a ship
may register the ship under a flag of convenience to reduce operating costs or avoid the
regulations of the owners country.

CHAPTER 13
1. Why is Contributory Negligence and Doctrine of Last Clear Chance inapplicable in cases of
collision?
Answer:
The Doctrine of Last Clear Chance cannot be applied in collision cases because it is expressly
provided in Art. 827 of the Code of Commerce that each vessel must suffer its own damage if
both of them are negligent. Art 827 of the Code of Commerce provides that if the collision is
imputable to both vessels, each one shall suffer its own damages and both shall be solidarily
responsible for the losses and damages occasioned to their cargoes. On the other hand,
contributory negligence is inapplicable in collision cases because proof that plaintiff was
negligent will bar recovery from the defendant even if the former's negligence can be classified
as merely contributory.

2. Augusto was to embark upon the interisland steamer San Jacinto in order to go to Iloilo.The
boat was at the time in the anchoring groupd some half a mile from the port of Silay.
Augusto embarked at the landing in the motor boat Jison which was then engaged in
conveying passengers and luggage back and forth from the landing. The motor boat came
too near the stern of the ship, and as the propeller of the ship had not yet ceased to turn,
the blades of the propeller struck the motor boat and sank it at once. Augusto suffered
various injuries and sought to recover damages. The defendants averred that Augusto had
not presented a protest within 24 hours after the occurence. Is the defendant correct?
Answer:
Article 835 of the Code of Commerce does not apply to collisions between small crafts in the
bay or river traffic. These are launches, not vessels. Failure to file a marine protest does not bar
recovery.

3. Distinguish Collision per se from Allision
Answer:
Collsion per se is definde as collision between two moving vessels whereas Allision is the
collision between one moving vessel and a stationary vessel.


CHAPTER 15 SALVAGE
1. WHAT ARE THE KINDS OF SALVAGE. EXPLAIN EACH
a. voluntary compensation is dependent on the success
b. Under contract for a diem or per horam wage payable at all events
c. Under the contract for compensation payable only in case of success
2. what is a derelict?
- derelict is a ship of cargo which is abandoned and deserted at sea by those who
were in charge of it, without any hope or without any intention of returning it.
3. Give 3 rights and obligations of salvors and owners
a. A salvor is entitled to compensation for services rendered
b. The salvor has the right of possession of a derelict for purposes of a salvage claim
c. The owner does not denounce his claim of right to the property. There is no
presumption of an intention to abandon such property rights.