Professional Documents
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Maritime Law
Maritime Law
ARTICLE 573. Merchant vessels constitute property which may be acquired and
transferred by any of the means recognized by law. The acquisition of a vessel
must appear in a written instrument, which shall not produce any effect with
respect to third persons if not inscribed in the registry of vessels.
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[With respect to Article 573, read P.D. No. 474, Sections 3 & 12(h)
Section 3. Definition of Terms. The terms, as used, in this Decree, shall have
the following meaning, unless the context of the particular usage of the term
indicates otherwise;
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ARTICLE 574. Builders of vessels may employ the materials and follow, with
respect to their construction and rigging, the systems most suitable to their
interests. Ship owners and seamen shall be subject to what the laws and
regulations of the public administration on navigation, customs, health, safety
of vessels, and other similar matters.
ARTICLE 575. Co-owners of vessels shall have the right of repurchase and
redemption in sales made to strangers, but they may exercise the same only
within the nine days following the inscription of the sale in the registry, and by
depositing the price at the same time.
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The vendor shall be under the obligation to deliver to the purchaser a certified
copy of the record sheet of the vessel in the registry up to the date of the sale.
If the sale is made after the vessel has arrived at the port of its destination,
the freightage shall pertain to the vendor, and the payment of the crew and
other individuals who make up its complement shall be for his account, unless
the contrary is stipulated in either case.
ARTICLE 578. If the vessel being on a voyage or in a foreign port, its owner or
owners should voluntarily alienate it, either to Filipinos or to foreigners
domiciled in the capital or in a port of another country, the bill of sale shall be
executed before the consul of the Republic of the Philippines at the port where
it terminates its voyage and said instrument shall produce no effect with
respect to third persons if it is not inscribed in the registry of the consulate.
The consul shall immediately forward a true copy of the instrument of
purchase and sale of the vessel to the registry of vessels of the port where
said vessel is inscribed and registered.
In every case the alienation of the vessel must be made to appear with a
statement of whether the vendor receives its price in whole or in part, or
whether he preserves in whole or in part any claim on said vessel. In case the
sale is made to a Filipino, this fact shall be stated in the certificate of
navigation.
When a vessel, being on a voyage, shall be rendered useless for navigation, the
captain shall apply to the competent judge on court of the port of arrival,
should it be in the Philippines; and should it be in a foreign country, to the
consul of the Republic of the Philippines, should there be one, or, where there
is none, to the judge or court or to the local authority; and the consul, or the
judge or court, shall order an examination of the vessel to be made.
If the consignee or the insurer should reside at said port, or should have
representatives there, they must be cited in order that they may take part in
the proceedings on behalf of whoever may be concerned.
ARTICLE 579. After the damage to the vessel and the impossibility of her being
repaired, in order to continue the voyage had been shown, its sale at public
auction shall be ordered, subject to the following rules:
1.The hull of the vessel, its rigging, engines, stores, and other articles shall be
appraised, after making an inventory, said proceedings to be brought to the
notice of the persons who may wish to take part in the auction.
2.The order or decree ordering the auction to be held shall be posted in the
usual places, an announcement thereof to be inserted in the Official Gazette
and in two of the newspapers of the largest circulation of the port where the
auction is to be held, should there be any. The period which may be fixed for
the auction shall not be less than twenty days.
4. The auction shall be held on the day fixed, with the formalities prescribed in
the common law for judicial sales.
5. If the sale should take place while the vessel is in a foreign country, the
special provisions governing such cases shall be observed.
ARTICLE 585. For all purposes of law not modified or restricted by the
provisions of this Code, vessels shall continue to be considered as personal
property.
If the part owners should not be more than two, the disagreement of views, if
any, shall be decided by the vote of the member having the largest interest. If
the interests are equal, it should be decided by lot.The person having the
smallest share in the ownership shall have one vote; and proportionately the
other part owners as many votes as they have parts equal to the smallest one.
The sale of the vessel must be made at public auction, subject to the
provisions of the law of civil procedure, unless the co-owners unanimously
agree otherwise, saying always the right of repurchase and redemption
provided for in Article 575.
ARTICLE 593. The owners of a vessel shall have preference in her charter over
other persons, under the same conditions and price. If two or more of them
should claim this right, the one having the greater interest shall be preferred;
and should they have equal interests, the matter shall be decided by lot.
ARTICLE 606. If the captain should be a co-owner of the vessel, he may not be
discharged unless the ship agent returns to him the amount of his interest
therein, which, in the absence of agreement between the parties, shall be
appraised by experts appointed in the manner established in the law of civil
procedure.
ARTICLE 607. If the captain who is a co-owner should have obtained the
command of the vesselby virtue of a special agreement contained in the
articles of association, he may not be deprived of his office except for the
causes mentioned in Article 605.
ARTICLE 608. In case of the voluntary sale of the vessel, all contracts between
the ship agent and the captain shall terminate, reserving to the latter his right
to the indemnity which may pertain to him, according to the agreements made
with the ship agent. They vessel sold shall remain subject to the security of the
payment of said indemnity if, after the action against the vendor has been
instituted, the latter is found to be insolvent.
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Section 1. Section 806 of the Tariff and Customs Code of the Philippines, as
amended, is hereby amended to read as follows:
Section 3. Any provision of the law, decree, executive order, or rules and
regulations to the contrary notwithstanding, the Maritime Industry Authority is
hereby vested with the exclusive authority over the registration and
documentation of Philippine vessels, as well as the issuance of all certificates,
licenses or other documents necessary or incident to such registration and
documentation.
Section 5. All laws, decrees, executive orders, or rules and regulations, or parts
thereof, inconsistent with this Decree are hereby repealed or modified
accordingly.
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CA 65 - COGSA
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CIVIL CODE
Article 1486. In the case referred to in two preceding articles, a stipulation that
the installments or rents paid shall not be returned to the vendee or lessee
shall be valid insofar as the same may not be unconscionable under the
circumstances. (n)
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(d) "Monetary authority" means the Central Bank of the Philippines and any
other agency in charge of foreign exchange controls; and
Section 10 hereof.
(a) The funds utilized in the acquisition of the vessel are financed from sources
other than the Philippine banking system;
(b) No guaranty of the monetary authority or of any Philippine government or
private financial institution is granted or extended for the purpose;
(c) The vessel serves as sole collateral for the financing of the vessel and no
other asset of the Philippine shipping enterprise is pledge, mortgaged, or used
as security in case of default;
(d) All foreign exchange requirements for the servicing of the loan, the
operation, maintenance and repair of the vessel, the purchase of supplies and
related equipment shall be financed solely from earnings derived from the
operation of the vessel and no foreign exchange shall be made available by the
monetary authority and the Philippine banking system for these purposes;
(e) Mortgage documents and/or other financial agreements shall be filed with
the monetary authority and such other government agencies in charge of such
mortgage formalities; and
(f) Any excess foreign exchange earning shall be inwardly remitted and
surrendered to the Philippine banking system.
(b) The vessel in which the items are to be installed: provided That, if such
items are found in locations other than the two (2) aforementioned ones or in
places not authorized by customs, the person or entity in possession of such
items shall be subject to full duties and taxes, including surcharges and
penalties.
(a) The entire net income, after deducting not more than ten percent (10%)
thereof for distribution of profits or declaration of dividends, which would
otherwise be taxable under the provisions of Title II of the National Internal
Revenue Code, is reinvested for the construction, purchase, or acquisition of
vessels and related equipment and/or in the improvement of modernization of
its vessels and related equipment in accordance with the regulations; and
(b) The cumulative amount so reinvested shall not be withdrawn for a period of
ten (10) years after the expiration of the period of income tax exemption or
until the vessel or related equipment so acquired have been fully paid,
whichever date comes earlier. Any amount not so invested or withdrawn prior
to the expiration of the period stipulated herein shall subject to the
corresponding income tax, including penalties, surcharges and interests.
The decision of the arbitration committee shall be final and binding on both
parties.
SECTION 10. Rules and Regulations. — The MARINA, in consultation with the
monetary authority and the Department of Finance, shall jointly formulate and
promulgate the rules and regulations necessary for the implementation of this
Act taking into consideration the policies and programs of the Government for
the development of the Philippine overseas shipping.
SECTION 11. Annual Report. — The MARINA, in coordination with the monetary
authority and the Department of Finance, shall submit an annual report to the
President of the Philippines and the Congress of the Philippines on the
implementation of this Act, which report shall include:
(a) The amount of foreign exchange earned, acquired and spent by Philippine
shipping enterprises;
(b) The amount of income tax and import duties and taxes for which exemption
have been granted;
(c) The additional oceangoing vessels constructed, purchased or acquired, the
improvement made thereon and the additional related equipment procured; and
(d) Such other information as the MARINA may deem necessary or the
President of the Philippines may require.
SECTION 12. Penal Provisions. — Violation of the provisions of this Act or the
rules and regulations promulgated to implement the same shall be punished by
a fine of not more than Ten thousand pesos (P10,000) or imprisonment for not
more than five (5) years, or both such fine and imprisonment, at the discretion
of the court.