ADMIRALTY AND MARITIME LAWS

(MIDTERMS)
ADMIRALTY OR MARITIME LAW came to be known
as the law of the sea or the body of law applied to
maritime cases
*Maritime law is not the law of a particular country but
the general law of nations
ART. 9, Civil Code if our law is silent or insufficient, the
court should fill the deficiency by resorting to
customs or general principles of laws
LIMITED LIABILITY OR REAL AND HYPOTHECARY
NATURE OF MARITIME LIEN
-

The liability of the agent or shipowner in

connection with maritime contracts is confined or
limited to the res
That is the vessel which, so to speak is
hypothecary for such obligations or is the
guarantee for their settlement

GR: If the vessel is lost, the shipowner and the agent

have no more liability
: Where the vessel is not lost, the shipowner or
agent may abandon the vessel to the creditors in
satisfaction of their claim
:Shipowner not personally liable. No vessel, no
liability
MEANING OF REAL NATURE OF MARITIME LAW
a. The limitation of the liability of the agents to the
actual value of the vessel and the freight money
b. The right to retain the cargo and the embargo
and detention of the vessel even in cases where
the ordinary civil law would not allow more than
a personal action against the debtor or person
liable
*Where the mortgaged property is lost, no personal
action lies against the owner or agent of the vessel
ACT OF GOD an inevitable accident, other than those
resulting from the action of storms and high seas but
in all such cases the evidence introduced at the trial
sustains a finding that the loss was due to
exceptional circumstances or conditions, beyond the
control of those who would otherwise be responsible
for the loss notwithstanding the exercise of due
diligence, foresight, pains and care to avoid it

ADMIRALTY AND MARITIME JURISDICTION

-

Determined by law
RTC

ADMIRALTY involves jurisdiction over all maritime

contracts in whatever forms whenever executed or
performed but not over non-maritime contracts
- Whether or not a contract is maritime depends not
on the place where the contract is made and is to be
executed, making the locality the test, but on the
subject matter of the contract, making the true
criterion a maritime service or a maritime transaction
SAMPLE ADMIRALTY CASES
a. Non-delivery of shipment
b. Contract for lease of cargo shipping container
LIBEL the complaint or pleading in a suit
corresponding to the complaint in ordinary court
action
INTERNATIONAL CONVENTION an agreement
among States that are parties to it to observe and
enforce a common set of legal principles on a
particular subject or issue
INTERNATIONAL AGREEMENT the law among the
contractual parties, to form part of the municipal law
of the states that are contracting parties to it
VESSEL OR WATERCRAFT refers to any barge,
lighter, bulk carrier, passenger ship, freighter tanker
container ship, fishing boat or other artificial
contrivance utilizing any source of motive power
designed, used or capable of being used as a
means of transportation operating either as a
common or private carrier, including fishing vessels
EXCEPT:
1. Those owned and operated by the AFP and by
foreign governments for military purposes
2. Bancas, sailboats and other waterborne
contrivance of less that, three gross tons
capacity and not motorized
3. Minor crafts engaged only in river and bay traffic
4. Pleasure crafts, yachts pontoons, health
services and harbour police vessels, coasting
store houses, warships or patrol vessels and
others
*An action can now be maintained against a ship by
virtue of the Ship Mortgage Decree

*Attachment of vessel a provisional remedy to an action

in personam or quasi in rem
PHILIPPINE SYSTEM OF REGISTRATION
- Moderately relaxed system
GR: only vessels of domestic ownership are entitled to a
Certificate of Philippine Registry
XPN: 1. BOI registered enterprise whether or not
entirely owned by foreign nationals if EXCLUSIVELY
used to transport own products as incident to its
business activity or part of essential operations
2. Bareboat Registry Scheme foreign owned
vessel bareboat chartered to a Philippine company
would be entitled to fly temporarily a Philippine flag
METHODS OF ACQUISITION
1. Purchase on cash payment basis without any
encumbrances
2. On deferred payment terms and subject to
mortgage
3. Foreclosure of mortgage judicial or extrajudicial
4. Donation or testate or intestate succession
5. Prescription
6. Construction
7. Barter
8. Capture
9. On time or bareboat charter basis without
ownership, acquiring only the use of the vessel
AUTHORITY ON REGISTRATION
MARINA vested with exclusive authority over:
1. Registration and documentation of Philippine
vessels
2. Issuance of all certificates, licenses and other
documents necessary or incident to such
registration and documentation
3. Approval of any contracts or transactions which
directly or indirectly affect the title of registered
vessels such as sale, mortgages, and charter
VESSELS REQUIRED TO BE REGISTERED
1. All vessels of domestic ownership and of more
than fifteen tons gross
2. Vessels engaged in towing, pushing, and
carrying goods or passengers for hire
3. Vessels acquired under PD 760/166/1711
VESSELS NOT COVERED
1. Warships and naval bases
2. Vessels of foreign registry temporarily used in
Philippne waters for less than one year

3. Non-motorized bancas sailboats and other

waterborne contrivance less than three (3) gross
tons capacity
*Vessels of 15 gross tons or less may be registered by
option.
* If such vessels are not registered, a Certificate of
Number is required
WHERE?
- COASTWISE VESSEL
o HOME PORT the port where the
principal office of the owner or operator
is located and/or at the terminal port of
the vessel
- OCEAN GOING VESSEL
o MARINA Central Office
RECORD OF TRANSFER AND ENCUMBRANCES
- Document where all transfers, bills of sale,
mortgages, liens or other documents which
evidence ownership or directly or indirectly affect
the title of registered vessels are recorded at
length
PROVISIONAL
CERTIFICATE
OF
PHILIPPINE
REGISTRY document issued by Philippine
Consular office to a vessel overseas in cases of
vessels constructed and acquired abroad, before
being brought to the Philippines
PERMANENT
CERTIFICATE
OF
PHILIPPNE
REGISTRY upon arrival of the vessel in the
Philippines, the owner or agent of the vessel shall
apply with the MARINA at the intended home port for
a Certificate of Philippine Registry submitting again
the required documents
PRE-REQUISITE TO CERTIFICATE OF PHILIPPINE
REGISTRY
1. DOMESTIC OWNERSHIP
- Ownership vested in a:
a. citizen of the Philippines
b. Corporations organized under PH laws at
least 60% of the capital stocks are wholly
owned by Philippine citizens
o IN COASTWISE TRADE
President or managing directors
are PH citizens
Members of crew are PH
citizens
XPN: Specialized vessels
2. ADMEASUREMENT
a. More than 15 tons gross eligible
b. 15 tons gross or less optional

*Subject to measurement of PCG

CERTIFICATE OF PHILIPPNE REGISTRY
- Evidence of registration of a vessel of domestic
ownership, among others, of more than 15 tons
gross
- A multi-purpose document entitling a qualified
vessel the right to engage in the Philippine
Coastwise and foreign trade
- Entitles the vessel to the protection of the
authorities and the flag of the Philippines in all
ports on the high seas
CERTIFICATE OF OWNERSHIP
- Evidence of permanent registration of the vessl
a. Domestic Ownership
b. More than 5 tons gross and vessel does not
take a Certificate of Philippine Registry
DIFFERENCE right to engage in Coastwise trade is
limited to vessel carrying a Certificate of Philippine
Registry
PRIORITY OF REGISTRATION IS PROTECTED The
requisite of registration in the registry of the
purchase of a vessel is necessary and indispensable
in order that the purchasers rights may be
maintained against a claim filed by a third person
- With respect to the rights of two purchasers,
whichever of them first registered his acquisition was
the one entitled to enjoy the protection of the law
which considers him the absolute owner of the
purchased vessel

EFFECTS OF REGISTRATION
- While the person in whose name a vessel is
registered has legal title thereto, such registration is
not always conclusive as to ownership over the
vessels against the real owners. The circumstances
of each case will determine whether the registration
is conclusive or not
ADMINISTRATIVE INVESTIGATION OF COAST
GUARD - SEIZURE
- Any vessel, sold, transferred or mortgaged to any
person not a citizen of the Philippines without
previous approval of the MARINA
- Leased or chartered to any citizen or national of a
country with which the Philippines has no diplomatic
relations
- Put under foreign registry or flag without such
approval
- Operated in violation of any of the provisions of
these regulations
GROUNDS FOR REVOCATION OF CERTIFICATE
1. Certificate of Philippine Registry or Certificate of
Ownership was illegally or improperly issued
2. The vessel is no longer of domestic ownership
CHANGE OF OWNERSHIP OF VESSELS
Bill of sale - presented with 15 days after execution
to the registrar at the port registry and a new
certificate of Ownership and Certificate of Philippine
registry shall be issued in the name of the new
owner