MARINE PROTEST

Commercial Law

REPORTED BY:
Arianne Dimaano
 PROTEST

A written statement by the master of

a vessel or any authorized officer,
attested by proper officer or a notary,
to the effect that damages has been
suffered by the ship.
 WHEN TO FILE A PROTEST

1. When the vessel makes an arrival under stress

2. Where the vessel is shipwrecked
3. Where a vessel has gone through a hurricane or the captain
believe that the cargo has suffered damages or averages
4. Maritime Collision
 DEFINITION

Arrival under stress- An arrival of a vessel at a port of destination on account of lack of

provision, well founded fear of seizure, privateers, pirates, or accidents of sea disabling
navigation.

Shipreck- the demolition or shattering of a vessel caused by her driving ashore or on rocks
and shoals in the midseas, or by the violence of winds or waves in tempests; or loss of the
vessel at sea as a consequence of its grounding, or running against an object in sea or on the
coast.

Averages- an extra-ordinary or accidental expense incurred during the voyage in order to

preserve the cargo, vessel or both; and all damages or deterioration suffered by the vessel
from departure to the port of destination, and to the cargo from the port of loading to the
port consignment.

Collision- impact of 2 vessels both of which are moving.

 WHO CAN FILE A MARITIME
PROTEST?

1. The captain in cases of:

a. Arrival under stress
b. Shipwreck; or
c. If the vessel has gone through a
hurricane or where the captain
believes that the cargo has suffered
damages or averages.

2. Captain, passenger or other persons interested who may be on board

the vessel or who were in a condition who can make known their wishes; In
case of maritime collision
 ADMIRALTY JURISDICTION

BP 129 Section 19(3) as amended by RA7691

RTC
Outside MM- exceeds 300,000
Inside MM- exceeds 400,000
MTC
Outside MM- less 300,000
Inside MM- less 400,000
 CONTENTS

a. Name of master/captain of vessel, address, type or class of vessel;

b. Name of ship, registry number, homeport, net and gross tonnages, type of cargoes, if any passenger,
super cargoes crew;
c. Date arrival of vessel;
d. Circumstances leading to the condition /state of the vessel, incident, measures/action taken, place
where she was, the nature of the incident and probable cause, persons involved, etc, which answers
the questions of what, when, where, and how.
e. Weather and sea condition prevailing to include height and length of waves, winds prevailing and
velocity, tide, current and visibility;
f. Results arising from the incident;
1. Number and names of persons killed and injured
2. Loss of or damage to property to include cargoes on other ships and estimate value of loss.
g. Name of owner/ operator or local agent, business address and telephone number; and
h. Master’s Seaman’s Identification and Record Book/ Passport Number and Residence Certificate
 COAST GUARD MC 0690

“Marine Protest” is a declaration on oath by the master, of the circumstances

attending the damage or loss of his vessel, intended to show that the loss accrued
by the perils of the sea, and conducting with the protestation against any liability
of the owner to the freighters. It’s used and design is to authenticate the facts
and circumstances of a loss to the insurer and all concerned

Purpose of marine protest:

• For official record of the maritime incident, and in determining whether the
merchant marine officers and personnel should be declared of any liability,
further investigate or proceed against by competent authority.
• For primary evidence in the investigation of accident involving the vessel by
a HEARING OFFICER, a BOARD OF INQUIRY or any investigation.
However, its absence shall not preclude the conduct of an investigation as
deemed necessary by any Coast Guard officer on official duty
 WHERE TO FILE

The protest shall be submitted to the Coast Guard Station Commander of

the area where the accident or any incident has occurred or of the first
immediate port of call.
 INCIDENTS FOR WHICH
REQUIRED:

1. Actual physical damage to property exceeding one thousand pesos;

2. Material damage affecting seaworthiness or efficiency of a vessel;
3. Stranding, grounding or sinking of the vessel or fire on board;
4. Loss of life;
5. Injuring causing any persons to remain incapacitated for a period in excess of seventy (70) hours,
except injury to harbor workers not resulting from vessel equipment casualty;
6. Any deviation from her course or delay beyond the control of the master.
7. Any serious breach of charter party terms if committed by any party other than the ship’s crew
as refusal to load, unduly delaying of loading, loading improper cargo, refusal to pay discharge
fees, refusal to accept bill of lading in form signed by the master.
8. Failure of consignee to take deliver of cargoes or fails to discharge cargo thereof or pay freight
in accordance with charter party bill of llading terms.
9. Arrival of vessel under stress; and
10. To provide additional information relevant to the incident or circumstances, which may give rise
or may have given rise to suspicion on the negligence or incompetence of the master or crew.