ADMIRALTY REVIEWER to the maritime lien and he cannot plead want of notice

to defeat the lien.

PHILIPPINE ADMIRALTY AND MARITIME LAW
NOTA BENE: The lien must appear by contracts recorded
Maritime Distinguished from Civil and Mercantile
in the registry of vessels, or if they were contracted for
Laws the vessel while on voyage and said vessel has not
Distinguishing Characteric returned to the port where it is registered, they must be
made with the authorization required for such cases and
The distinguishing characteristic of maritime law from annotated in the certificate of registration of the vessel.
civil and mercantile law in the LIMITED LIABILITY. The (asked in recit)
liability of the shipowner in connection with the maritime
contracts is limited to res which is the vessel. No vessel Maritime Liens on the vessel:
no liability. 1. Taxes, expenses, costs and fees imposed by
*Maritime Law has only limited liability which the state
simply means that the liability of the agent or 2. Wages of the crew
shipowner in connection with maritime contracts 3. General average (all stakeholders in a sea
is confined or limited to the res (vessel).* venture proportionally share any losses
resulting from the voluntary sacrifice of part
Meaning of Real Nature of Maritime Law of the ship or cargo to save the whole in an
emergency. For example, should the crew
- The limitation of the liability of the agents to the
throw some cargo overboard to lighten the
actual value of the vessel and freight money
ship in a storm, the loss would be shared
pro rata by both the carrier and the cargo
- The right to retain the cargo and the embargo
owners.
and detention of the vessel in cases where the
4. Salvage including the contract of salvage
ordinary civil law would not allow more than one
5. Maritime liens arising prior in time to the
personal action against the debtor
recording of the preferred ship mortgage
Applications of the Rule 6. Damages arising out of tort
7. Lien of preferred ship mortgage registered
Real nature of the maritime law repeals the civil law to prior in time
such an extent that, in certain cases, where the
mortgaged property is lost no personal action lies Note: If the vessel is subject of a preferred
against the owner or agent of the vessel. ship mortgage under PD 1521, then the
1. Civil Liability-> no vessel, no personal action preference therein will apply.
2. Collision -> liability of agent is limited to the Judicial Notice of World Admiralty and Maritime
value of the vessel and freight money; Courts
3. Shipwreck-> those who loan their money on the
vessel and cargo lose all their rights and cannot - the courts may judicially recognize, without the
claim reimbursement. introduction of proof, the admiralty and maritime courts
of the world and their seals.
Origin and reason for limited liability
Admiralty and Maritime Jurisdiction
Origin: prevailing conditions of maritime trade
and sea voyage during the medieval ages RTC- has the original cognizance in all action in
admiralty and maritime jurisdiction where the demand or
Reason: to encourage shipbuilding and maritime claim exceeds 300,000 or for Metro Manila, 400,000.
commerce
Admiralty involves jurisdiction over all maritime
Maritime Lien contracts in whatever form, whenever executed or
A privileged claim or charge upon a ship which performed, but not over non-maritime contracts.
claim or lien travels with that ship secretively and Whether or not a contract is maritime depends on the
unconditionally and may be enforced by an action in SUBJECT MATTER. Typical controversy over maritime
rem. contracts is a suit for LOSS OR DAMAGE TO CARGO.

Once maritime lien attaches, it adheres to the res. Any Meaning of Libel in Admiralty Law
purchaser or charterer of the res takes title to it subject
 Libel means the complaint or pleading in a suit, - Health service and harbour police vessels
corresponding to the complaint in an ordinary action. - Coasting storehouses
- Warships or patrol vessels
International Conventions
- Coastguard vessels
An agreement among the states that are parties - Fishing vessels
to it to observe and enforce a common set of legal - Towboats
principles on a particular subject or issue. As an - Crafts for:
agreement, it is a law among the contracting parties. As o Coast and geodetic survey
such law, it forms part of the municipal law of the states o Scientific research
that are contracting parties to it. o For loading and discharge of vessels
from ship to shore or docks

Minor Crafts are governed by the Civil Code

CHAPTER II- LAW OF VESSELS AND REGISTRATION
Ship cannot be made defendant EXCEPT in PD 1521
I- NATURE OF VESSELS
(Ship Mortgage Decree)
Vessel or watercraft includes:
State Responsibility
- Barge
The state responsibility linked to the flag of a
- Lighter
ship and so clearly defined by the law of nations gives
- Bulk carrier
rise to the concept of national ownership which is based
- Passenger ship
on where the ship is registered which determines the
- Freighter
flag flown and not on the individual owner’s nationality.
- Tanker
- Container ship A General View of the Philippine System of Registration
- Fishing boats
- The basic rule is that only vessels of domestic
- Any artificial contrivance using any source of
ownership are entitled to a Certificate of
motive power designed as a COMMON or
Philippine Registry
PRIVATE CARRIER
- Domestic ownership is meant ownership vested
Vessels do not include: in citizens of the Philippines or corporations
organized under Philippine laws at least 60 % of
- Those owned and operated by the AFP and by the capital stock are wholly owned by Philippine
foreign government for military purposes citizens and, in case of vessels engaged in coast
- Bancas, sailboats and other waterborn wise trade the president or managing directors
contrivance of less than 3 gross tons capacity shall be Philippine citizens and the members of
and not motorized the crew of the vessel, except specialized
Meaning of vessel is Relative vessels, shall all be citizens of the Philippines.

- A craft launched but not yet completed has been Methods of Acquisition of Ships
held a vessel when the purpose is to give - By purchase on cash-payment basis without any
admiralty jurisdiction over deserting seamen encumbrances
- A craft of logs has been held a vessel for the - on deferred payment terms and subject to
purpose of giving a maritime lien for collision, mortgage
but not for libel in rem for wages - foreclosure of mortgage, judicial or extrajudicial
Vessels contemplated in Maritime Commerce - donation or testate or intestate succession
- prescription
- When the mercantile codes speak of vessels, - construction
they refer solely and exclusively to merchant - barter
ships, as they do not include warships. - capture
Vessels which are not subject to Maritime Law - on time or bareboat charter without ownership

- Pleasure craft
- Yachts REGISTRATION AND DOCUMENTATION OF
- Pontoons (flat-bottomed boat) VESSELS
Authority on Registration Note: if the vessel engages in Coastwise trade
( between seaports in the Philippines) the
Under the present setup, the Maritime Industry corporation’s president or managing directors
Authority (MARINA) is vested with the exclusive
must be Filipinos
authority over:

1. the registration and documentation of Philippine Note: Under RA 5186 (Investment Incentives
Vessels Act) and RA 6135 ( An Act to Envigorate Export
2. issuance of all certificates, licenses, and other Trade), an enterprise not meeting the corporate
documents controlling interest may obtain Certificate of
3. approval of any transactions which directly or Philippine Registry is the vessel is to be used
indirectly affect the title of the vessel such as exclusively to transport its own raw materials
sale, mortgages, and charter and finished products in coastwise trade as an
incident to its business activity registered with
Commercial Registry of Vessels – Register of Philippine Board of Investments.
Vessels
2. Admeasurement – vessels of more than 15 tons
Vessels Required to be registered
gross are eligible for the issuance of Certificate
1. All vessels of domestic ownership and > 15 tons of Philippine Registry ( to be measured by the
gross Coast Guard)
2. Vessels engaged in towing, pushing, and
Limitation of Domestic Ownership is Valid
carrying goods and passengers for hire
3. Vessels acquired under PD 760/166/1711 Note: Alien vessels of 3 tons gross or less may
PD 760 ( Temporary registration of foreign- not engage in fishing under the Fisheries Act
owned vessels under time charter or lease to
Philippine Nationals) Certificate of Philippine Registry- a multi-purpose
PD 166 ( Amemding the Population Act ) document entitling a qualified vessel the right to
PD 1711 ( Amending PD 760) engage in the Philippine Coastwise and foreign
trade.
Vessels not required to be registered: Certificate of Ownership- a certificate issued by
1. Warships and naval vessels
MARINA as evidence of permanent registration of a
2. Vessels of foreign registry temporarily used vessel.
in Philippine waters for less than 1 year
3. Non-motorized bancas and sailboats less Requirements:
than 3 tons capacity
1. Domestic ownership
Where to register? 2. > 5 tons gross and does not take
Certificate of Philippine Registry
- Domestic vessels, at its homeport (principal
office of the operator) Note: Certificate of ownership does not confer
- Vessels for overseas trade, at MARINA Central the same privileges conferred by the Certificate
Office of Philippine Registry

Priority of Registration (of Sale of vessel) is Protected

Note: The name of the homeport of each vessel
shall be marked upon the stern, and painted on Effect of Registration on Ownership of Vessels
each side of bow.
- While a person in whose name a vessel is
Provisional Certificate of Philippine Registry- issued by registered has legal title thereto, such
the Philippine Consular office to a vessel overseas. registration is not always conclusive as to
Vessels constructed and acquired abroad shall, before ownership over the vessels against the real
being brought to the Philippines, secure a provisional owners. The circumstances of each case will
certificate. determine whether registration is conclusive or
not.
Pre-Requisite to Certificate of Philippine Registry
Investigation Into Character of Vessel
1. Domestic Ownership – at least 60 % of the
stock is owned by Filipinos
 Coast guard makes an administrative
investigation as to the ownership of the vessel

The government will seize the vessel if:

1. The vessel is sold, transferred or

mortgaged to a non-Filipino without the
prior approval of MARINA
2. The vessel is leased or chartered to a
citizen of a country with which the
Philippines has no diplomatic relations

License of Yachts Exclusively for Pleasure

The MARINA may license yachts used exclusively

for pleasure by Filipino citizens

Assignment of Name and Official Number

- A name may be disallowed if it is already on the

Register or if it is so similar to one already on
the register as to be “calculated to deceive”
- A registered name cannot be changed or
abandoned without permission from MARINA
- Official Number shall be carved or otherwise
permanently marked in the main beam of the
vessel

Change of Ownership of the Vessel

- The bill of sale shall be presented by the new

owner within 15 days after the sale, to the
registrar at the port registry

Coastwise Trade

- Only for vessels with Certificate of Philippine

Registry
- The registration is ANNUAL, by the MARINA

Bay and River License

- The vessel must be built in the Philippines, and

of domestic ownership
- For:
o Fishing business
o Towing or carrying merchandise or
passengers in protected waters

ACQUISITION AND ALIENATION OF MERCHANT

VESSELS