G.R. No.

L-29166, October 22, 1928

AUGUSTO LOPEZ vs. JUAN DURUELO, ET AL.
Ponente: J. Street

FACTS:
Augusto Lopez, a resident of the municipality of Silay, Occidental Negros, was desirous
of embarking upon the interisland steamer San Jacinto in order to go to Iloilo. Augusto embarked
in the motor boat of Jison. The engineer aboard on this trip was 16-year-old Rodolin Duruelo,
who had no experience in running of motor boats. The motor boat was also overloaded as it
carried 14 passengers instead of 8-9 passengers.
As the motor boat approached San Jacinto, it came too near to the stern of the ship and
the propeller blades struck the motor boat. Augusto was thrown into the water and the propeller
blades inflicted various injuries upon him. Augusto was bed ridden for eight months. He seeks to
recover more than P120,000 damages.

ISSUES:
1. Whether or not the motor boat is a vessel pursuant to Article 835 of the Code of
Commerce.
2. Whether or not a protest is required and that the making of protest must be alleged in the
complaint in order to show a good cause of action.

RULING:
1. NO. The motor boat is not a vessel contemplated under 835 of the Code of Commerce. The
word vessel used in the Code of Commerce refer solely and exclusively to merchant ships,
as they do not include war ships, and they almost always refer to craft which are not
accessory to another as in the case of launches, lifeboats, etc.
Article 835. "The action for the recovery of loss and damages arising from collisions can
not be admitted if a sworn statement or declaration is not presented within twenty-four
hours to competent authority of the point where the collision took place, or that of the first
port of arrival of the vessel."
In mercantile laws, making use of the words “ship, vessel, boat, embarkation, etc.” refer
exclusively to those which are engaged in the transportation of passengers and freight from
one port to another or from one place to another; they refer to merchant vessels and in no
way can they or should they be understood as referring to pleasure craft, yachts, pontoons,
health service and harbor police vessels, floating storehouses, warships or patrol vessels,
coast guard vessels, fishing vessels, towboats, and other craft destined to other uses, such
 as for instance coast and geodetic survey, those engaged in scientific research and
exploration.
2. The section under the Code of Commerce dealing with collisions are those collisions of
sea-going vessels. Article 385 cannot be applied to small boats engaged in river and bay
traffic. The article was evidently intended to define the law relative to merchant vessels
and marine shipping; and the vessels intended are run by masters having special training,
with the elaborate apparatus of crew and equipment indicated.

Since the motor boat does not fall as a vessel defined under the Code of Commerce
pertaining to collisions, it is therefore not required to make protest as a condition
precedent to his right of action for the injury suffered by him due to the collision
described in the complaint.