1. Possess the qualifications required by the marine or navigation laws or regulations. 2. Not to be disqualified in accordance therewith for the discharge of the position. Sailing Mate • The second in command of the vessel and takes over in case of disability of the captain. • Duties: • He is mandated to provide himself with charts of the seas in which he will navigate and to keep a Binnacle Book. • Like captain, he is responsible for damages to the vessel and cargo due to his own negligence or want of skill in addition to criminal liability. Conflict between Master and Sailing Mate (Authority vs Technical Knowledge) • Formalities to be observed by the sailing mate: 1. He shall state to the captain the proper observations in the presence of the other officers; 2. Should the captain disagree, the sailing mate shall make the proper protest signed by him and by one other officer in the logbook; 3. Thereafter, the sailing mate shall obey the captain. Second Mate The second mate is the third in command, takes over only in case of disability of the captain and the sailing mate. Assumes the powers and responsibility in case of captain or sailing mate’s disqualification. Engineers Classes of Engineers: 1. Marine engineer- who may be either a chief engineer, second engineer, third engineer or fourth engineer. 2. Motor engineer- who may be either a chief motor engineer, second motor engineer, third motor engineer, bay river and lake engineer, or fourth engineer. Responsibility for negligence of engineer Engineers are officers of the vessel and they can give orders and intervene ONLY in cases pertaining to the engine or motor apparatus of the vessel. The Crew • As to nationality (Art 634) provides that the crew MUST be four fifth Filipino except in foreign ports; That in case of insufficiency of Filipino sailors in foreign ports, the captain MAY complete the crew with foreign sailors with the CONSENT of the consul or marine authorities Same was already amended by subsequent legislation and the Presidential Decrees on Philippine Flag Ships and Dual Registry and Tariff Custom Code of the Philippines. Meaning of Complement and Crew Complement of the ship refers to all the persons on board, from the captain to the cabin boy, necessary for the management , maneuvers, and service , and consequently, the complement includes the crew, the sailing mates, engineers, stokers, and other employees on board not having specific designations except passengers or persons whom the vessel is transporting. Crew refers to the aggregate of seamen who man a ship or vessel, including the master and officer. Nature of Seaman’s Contract A seaman’s contract has a nature of LEASE OF SERVICE. One binds himself to render services in the vessel in consideration of compensation stipulated and the ship agent or owner has agreed to keep him in the vessel and pay him the amount stipulated for his work or services. For foreign bound seaman, the contract of manning must conform with the Standard format of service agreement approved by the POEA. Kinds of Seaman’s Contracts 1. For each voyage Fixed compensation for the entire amount of voyage regardless of its duration. 2. By the month Compensation is fixed at a certain amount per month, for as many months as the voyage may take. 3. On share or on freight Payment is part of the resultant profits of the voyage. Formalities Required for Seaman’s Contract • Seaman’s agreement for overseas duty: 1. It must be in writing and in accordance with the Standard Contract of the POEA; 2. It must be signed by the parties; 3. It must be approved by the POEA; 4. It must be read to the seamen concerned. Discharge of Seaman • If the contract does not fix a period, a seaman may not be discharged without just cause until the end of the voyage. •If discharge is for valid cause, it seems reasonable implication of law that a seaman shall receive only the wages earned as of the time discharge. •If discharge is prior to the commencement of voyage, the captain may refuse a seaman to go on board and leave him on land. •If discharge is made after the commencement of the voyage, the captain may not abandon the seaman except for the following reasons: •a. Perpetration of a crime •b. Repeated insubordination •c. Repeated incapacity and negligence •d. Habitual drunkenness •e. Any occurrence which incapacitates the seaman to perform the work entrusted to him. •f. Desertion Seaman’s Right to Rescind Contract • A seaman cannot ordinarily rescind his contract except by reason of legitimate impediment which may have occurred to him. Nor may have transfer from the service of one ship to another without the written permission from the captain. Effects are: 1. The second contract shall be void. 2. The captain may compel him to perform his first contract, or at his expense to look for a person to substitute him; 3. He shall lose the wages earned on his first contract. Revocation of Voyage • Article 638 applies to two cases 1. Where voyage is revoke by the ship agent or of charterers without cause; 2. Where the destination is changed by the will of the ship agent with just cause. Articles 639 to 641 apply to the revocation of the voyages from a just cause independent of the will of the ship agent or the charterers. Just Causes for 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 the government, or for any reason independent of the ship agent. 5. The inability of the vessel to navigate. Arbitrary Revocation Before and After Commencement of the Voyage • Revocation without just cause before sea voyage contemplates two cases: 1. Where the contract fixes a monthly compensation- a discharge sailor shall be entitled to the wages he has earned plus indemnity of one month’s salary. 2. Where the contract fixes an amount for the whole voyage- the sailor shall be entitled to the wages he has earned, and the equivalent of one month’s salary, both of which amounts shall be computed to the approximate number of days of the voyage should have lasted. •Revocation without just cause after the vessel has put to sea covers two cases: 1. Where the contract fixes a compensation by one month- the discharged member of the crew shall received the amount that he might have earned had the vessel proceeded to the port of destination, plus the passage to said port or to the port of sailing of the vessel. 2. Where the contract fixes an amount for the voyage- the seaman shall receive the entire amount fixed for the voyage, plus the passage to the port of destination or to the port of sailing of the vessel, as may be convenient to him. If Vessel and Cargo are Lost •Article 643 states that 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. •This was amended by Employees’ Compensation under Labor Code under which the loss of the vessel does not extinguish the ship owner’s liability to pay compensation for the death of or injuries to the member of the crew. •Under Salvage Law, the crew is not entitled to reward for the salvage of their vessel because it is the duty of the master and crew to save their own ship. Preference Between Seamen on Salvage and Freightage When there are seamen engaged on wages and others engaged in shares, under the law, the former exclude the latter as to the proceeds from the salvage of the vessel, because the latter group is entitled only to their part of the freightage of the cargo saved. But the law also recognizes the right of preference of the former group to the freightage of the cargo saved. Neither one of them could exclude the other. The most logical solution therefore is to divide the freightage between the two groups. Seamen Falling Sick • A seaman who falls sick shall not lose his right to wages unless his sickness is the result of his own fault. Cost of attendance and cure will come from common funds in the form of a loan. •If injury is a result of a service or defense of a vessel, attendance and cure shall be deducted from the common funds/ the proceeds of the freightage. •Contractual stipulations containing renunciation of benefits, limitation or reduction of wages in case of sickness or injury would be void. If Seaman Dies If seaman should die during voyage, wages earned and not received according to his contract and the cause of death will be given to his heirs. Contract may be: 1. On wages 2. For fixed sum for the whole voyage 3. On shares Cause of death may be: 1. Natural 2. In the defense of the vessel Ship owner is not liable if seaman commits suicide except in case of mental alienation which is incumbent upon the heirs of the deceased to prove. Lien on Vessel Engines, rigging, equipment and freight shall be liable for the wages of the crew engaged per month or per trip, liquidation and payment to take place between one voyage and the other. After a new voyage has been begun, credits on such kind pertaining to the preceding voyage shall lose their preference. When Crew freed from Obligations Officers and Crew of the Vessel shall be free from obligations in the following cases: 1. If before commencing the voyage, the captain attempts to change it, or if there a naval war with the nation to which the vessel was destined. 2. If a disease should breakout and be officially declared an epidemic in the port of destination. 3. If the vessel should change owner or captain.
Rescission of contract is allowed before the voyage
but not after the voyage. Supercargoes Persons who discharges administrative duties assigned to him by ship agent or shippers, keeping an account and record of transactions required in the accounting book of the captain.