Transportation Law Chapter 12: Collisions

Transportation Law
CHAPTER 12- COLLISION

Collision- is an impact or sudden contact of a vessel with another whether both are in motion or one stationary.
•Strictly speaking, collision refers to the contact of two moving vessels.
•Allision, the contact between a moving vessel to a stationary vessel

3 divisions of time or zones:
1.Covers all the time up to the moment when the risk of collision may be said to have begun.
•No rules apply (each vessel is free to direct its course as it deems best without reference to the movements of the other vessel.
2.Covers the time between the moment when the risk of collision begins and the movement when it has become a practical certainty.
•The burden is on the vessel required to keep away and avoid the danger
3.Covers the time between the moment of actual contact (the period in which errors in extremis occur)
•The rule s that the vessel which has forced the privileged vessel into danger is responsible even if the privileged vessel committed an error within that zone.

Rules of navigation are obligatory from the time the necessity for precaution begins, and continue to be applicable as the vessels advance, so long as the means and opportunity to avoid the danger remain; but they did not apply to a vessel required to keep her course after the approach is so near that the collision is inevitable, and are equally inapplicable to vessels of every description while they are yet so distant from each other that measures of precaution have not become necessary.

Applicable law:
1.Liability for negligence in the absence of contract-Article 2176 of the new civil code-the provision on quasi delict.
2.Liabilities of ship owners and ship agents as well as the captain or crew in collision cases –provisions of code of commerce on collision.

Rule on Liability
Courts are still called upon to determine the negligence of the persons involved in order to impose liability. The person who caused the injury in both civilly and criminally liable.

SPECIFIC RULES UNDER THE CODE OF COMMERCE
A.ONE VESSEL AT FAULT
ARTICLE 826. If a vessel should collide with another, through or 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.BOTH VESSELS AT FAULT
ARTICLE 827. if the collision is imputable to both vessels, each one shall suffer its own damages, and both shall be solidarily responsible for the losses and damages occasioned to their cargoes.

C.PARTY AT FAULT CANNOT BE DETERMINED
Cause of fortuitous event
ARTICLE 830. If a vessel should collide with another, through fortuitous event or force majure, each vessel and its cargo shall bear its own damages.

ARTICLE 832. If by reason of a storm or other case if force majeure, a vessel which is properly anchored and moored should collide with those nearby, causing them damages, the injury occasioned shall be considered cause, the captain thereof being civilly liable to said owner.

Third person at fault
ARTICLE 831. If a vessel should be forced by a third vessel to collide with another, the owner of the third vessel shall indemnify the losses and damages caused, the captain thereof being civilly liable to said owner.

OTHER RULES.

ARTICLE 833. 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 or is obliged to be stranded in order to be saved, shall presumed as lost by reason of collision.

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 liabilities they incur. But the latter shall have 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 appurtenances should not be sufficient to cover all the liabilities, the indemnity due by reason of the death or injury of the persons shall have preference.

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 consul of the Republic of the Philippines in said port shall hold summary investigation of the accident, forwarding the proceedings to the Secretary of the Department of Foreign Affairs for continuation and conclusion.

PROTEST.

ARTICLE 835. The action for the recovery of losses and damages arising from collisions cannot be admitted if a protest or declaration is not presented 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 Republic of the Philippines if it occurred in a foreign country.

ARETICLE 836. With respect to damages caused to persons or to the cargo, the absence of protest may not prejudiced the persons interested who ere not on board or where not in a condition to make earned during the voyage.

LIMITED LIABILITY RULE

ARTICLE 837. the civil liability incurred by the ship owners in the case prescribed in this section, shall be understood as limited to the value of the vessel with all its appurtenances and freightage earned during the voyage.

RELATED CASES:
National Development Company v. Court of Appeals G.R. No.L-49407, August 19, 1988
The City of Manila v. Atlantic, Gulf and Pacific Company G.R. No. 4510, December 19,1908
The Governemnt of the Philippine Islands v. Philippine Steamship Co. Inc. G.R. No. 1857, January 16,1923