MAURICIO, OMAR KAREEM

SAYSAY, ERICK
Chapter 9: Persons Who Take Part in Maritime Commerce
1. In an attempt to help Batman stop The Joker from contaminating Gotham Citys drinking
water with a laugh-serum, Superman commissioned Aquaman Shipping Co. Inc. to ship
to Gotham over 500 vials of immunity vaccines which were stored and sealed in an
airtight and shockproof container. Aquaman Shipping, ordered the delivery of the same to
Gotham thru the S/S The Flash, a marine vessel owned and operated by Wonder Woman
Lines, Inc., Aquaman Shippings local representative in Gotham. Upon reaching the port
of Gotham, Wonder Woman took charge of the unloading and issued receipts in its own
name to evidence discharge of cargoes. However, Batman, as consignee, later discovered
that at least half of the vaccines were broken while in transit. Superman filed an admiralty
case against Aquaman Shipping, Inc., and Wonder Woman, the latter in its capacity as
ship agent. Wonder Woman avers, however, that it is not a ship agent but a mere agent of
Aquaman Shipping under the provisions of agency under the New Civil Code.
(a) Is Supermans action in including Wonder Woman correct? (b)What are the liabilities
of Wonder Woman if ever?
Answer (a): Supermans action is correct. Art. 586 of the Code of Commerce defines a
ship agent as a person who is entrusted with the provisioning of a vessel or who
represents her in the port in which she happens to be. Actions like unloading and
discharging of cargoes, and issuing of discharge receipts of cargoes point to the inevitable
conclusion that Wonder Woman is a ship agent of Aquaman Shipping.
Answer (b): Being a ship agent, Wonder Woman is civilly and jointly liable with
Aquaman Shipping in indemnifying Superman. Art. 587 provides that the ship agent shall
also be liable for the indemnities which arise from the conduct of the captain in the care
of the goods which the vessel carried
Basis: Switzerland General Insurance vs. Hon. Ramirez, GR No. L-48264, Feb. 21, 1980
2. Senate Shipping Inc. hired Graciano Po and entered into a contract with the same,
appointing him as captain of M/V Presidente, granting unto him the power to order
charters and voyages for the vessel. Rizalina Davide, a part of the board of the directors
of Senate Shipping, however, opposed the appointment averring that Mr. Po is not
qualified to be captain since his application for naturalization as a Filipino citizen has not
yet been granted. Is the contention of Mr. Davide correct?
Answer: Yes, the contention of Mr. Davide is correct. The Code of Commerce of the
Philippines explicitly provides that to be qualified, a person must possess the following
qualifications: (1) Filipino citizenship, (2) legal capacity to contract and (3) skill, capacity
and qualifications to command and direct a vessel. Since Mr. Pos naturalization

proceedings remain pending, he cannot be appointed as captain of M/V Presidente except

in a capacity as its financial administrator.
3. Amidst all efforts to try to save M/V Pag-ibig from totally capsizing, Captain Popoy
determined that the ship is beyond hope or saving. He immediately issued an evacuation
order which prioritized the evacuation of women, children and the elderly. He ordered the
Deck Officer Basha and other members of the crew to stay aboard the ship until all
passengers have been evacuated. He took an evacuation boat with the women, children
and elderly to be able to direct the course and action of the evacuating boats.
Is the action of Captain Popoy correct?
Answer: No, his action is not correct. Art. 618 of the Code of Commerce of the
Philippines provides that it is among the liabilities of the ship captain to remain on board
in case the vessel is in danger until all efforts of saving it remains futile. As such, the ship
captain shall remain on the vessel until all passengers and other members of the crew has
successfully evacuated.