A.

FORTUITOUS
ARTICLE 830
If a vessel should collide with another through fortuitous
event or force majeure, each vessel and its cargo shall be
liable for its own damage.
 A. FORTUITOUS
ARTICLE 832
If, by reason of a storm or other cause of force majeure, a
vessel which is properly anchored and moored should
collide with those nearby, causing them damaged, the
injury occasioned shall be considered as particular average
of the vessel run into.
 B. CULPABLE
ARTICLE 826
If a vessel should collide with another, through the fault,
negligence, or lack of skill of the captain, sailing mate, or
any other member of the complement, the owner of the
vessel at fault shall indemnify the losses and damages
suffered, after an expert appraisal.
 B. CULPABLE
ARTICLE 827
If both vessels may be blamed for the collision, each one
shall suffer its own damages, and both shall be solidarily
responsible for the losses and damages suffered by their
cargoes.
 NATIONAL DEVELOPMENT COMPANY v.
COURT OF APPEALS (164 SCRA 593, August
19,1988)

SMITH BELL AND COMPANY (PHILS), INC. v.

COURT OF APPEALS (197 SCRA 201, May 20,
1991)

MECENAS v. COURT OF APPEALS (180 SCRA 83,

December 14, 1989)
ARTICLE 831
If a vessel should be forced to collide with another one by
a third vessel, the owner of the third vessel shall indemnify
the losses and damages caused, the captain thereof being
civilly liable to the said owner.
 C. DOUBTFUL COLLISION
ARTICLE 828
The provisions of the foregoing Article (Article 827) are
applicable to the case in which it cannot be decided which
of the two vessels had caused the collision.
 D. PRESUMPTION OF COLLISION
ARTICLE 838
A vessel which upon being run into, sinks immediately, as
well as that which, having been obliged to make a port to
repair the damages caused by the collision is lost during
the voyage, is obliged to be stranded in order to be saved,
shall be presumed as lost by reason of collision.
ARTICLE 829
In the case above-mentioned the civil action of the owner
against the person causing the injury as well as the criminal
liabilities, which may be proper, are reserved.
ARTICLE 837
The civil liability incurred by the ship-owners in the cases
prescribed in this section, shall be understood as limited to
the value of the vessel with all her appurtenances and
freightage earned during the voyage.

Case: LUZON STEVEDORING CORP. v COURT OF APPEALS (156 SCRA

169, December 3, 1987)
ARTICLE 834
If the vessels colliding with each other should have pilots
on board discharging their duties at the time of the
collision, their presence shall not exempt the captains from
the right to be indemnified by the pilots without prejudice
to the criminal liability which the latter may incur.
ARTICLE 838
When the value of the vessel and her appurtenance should
not be sufficient to cover all the liabilities, the indemnity
due by reason of the death or injury of persons shall have
preference.
ARTICLE 835
The action for the recovery of losses and damages arising
from collision cannot be admitted if a protest or declaration
is not present within twenty-four hours before the competent
authority of the point where the collision took place, or that
of the first port of arrival of the vessel, if in Philippine
territory, and to the consul of the Philippines if it occurred
in a foreign land.

Case: LOPEZ v DURUELO (52 Phil. 229, October 22, 1928)

ARTICLE 836
With respect to damages caused to persons or to the cargo,
the absence of a protest cannot prejudice the persons
interested who were not on board or were not in a
condition to make known their wishes.
ARTICLE 839
If the collision should take place between Philippine
vessels in foreign waters, or if having taken place in the
open seas, and the vessels should make a foreign port, the
Filipino consul is said port shall hold a summary
investigation of the accident, forwarding the proceedings
to the Secretary of the Department of Foreign Affairs for
continuation and conclusion.
ARTICLE 840
The losses and deteriorations suffered by a vessel and her
cargo by reason of shipwreck or stranding shall be
individually for the account of the owners, the part of the
wreck which may be saved belonging to them in the same
proportion.
ARTICLE 841
If the wreck or stranding should be caused by malice,
negligence, or lack of skill of the captain, or because the
vessel put to sea is insufficiently repaired and prepared, the
ship agent or the shippers may demand indemnity of the
captain for the damages caused to the vessel or to the cargo
by the accident, in accordance with the provisions
contained in Article 610, 612, 614 and 621..
ARTICLE 842
The goods saved from the wreck shall be specially bound
for the payment of the expenses of the respective salvage,
and the amount thereof must be paid by the owners of the
former before they are delivered to them, and with
preference over any other obligation, if the merchandise
should be sold.
ARTICLE 843
If several vessels navigate under convoy, and any of them
should be wrecked, the cargo saved shall be distributed
among the rest in proportion to the amount which each
one can receive.

If any captain should refuse, without sufficient cause to

receive what may correspond to him, the captain of the
wrecked vessel shall enter a protest against him before two
sea officials, of the losses and damages resulting therefrom,
ARTICLE 843, cont.
ratifying the complaint within twenty-four hours after arrival
at the first port, and including it in the proceedings he must
instituted in accordance with the provisions contained in
Article 612.

Should it not be possible to the other vessels the entire cargo

of the vessel wrecked, the goods of the highest value and
smallest volume shall be saved first, the designation thereof
being made by the captain, with the concurrence of the
officers of his vessel.