Category Archives: Laws

Migrant Workers and Overseas Filipinos Act of 1995

REPUBLIC ACT NO. 8042 An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. SHORT TITLE. – This act shall be known and cited as the “Migrant Workers and Overseas Filipinos Act of 1995.” SECTION 2. DECLARATION OF POLICIES– (a) In the pursuit of an independent foreign policy and while considering national sovereignty, territorial integrity, national interest and the right to self-determination paramount in its relations with other states, the State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and Filipino migrant workers, in particular. (b) The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. Towards this end, the State shall provide adequate and timely social, economic and legal services to Filipino migrant workers. (c) While recognizing the significant contribution of Filipino migrant workers to the national economy through their foreign exchange remittances, the State does not promote overseas employment as a means to sustain economic growth and achieve national development. The existence of the overseas employment program rests solely on the assurance that the dignity and fundamental human rights and freedoms of the Filipino citizens shall not, at any time, be compromised or violated. The State, therefore, shall continuously create local employment opportunities and promote the equitable distribution of wealth and the benefits of development. (d) The State affirms the fundamental equality before the law of women and men and the significant role of women in nation-building. Recognizing the contribution of overseas migrant women workers and their particular vulnerabilities, the State shall apply gender sensitive criteria in the formulation and implementation of policies and programs affecting migrant workers and the composition of bodies tasked for the welfare of migrant workers. (e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or undocumented, are adequately protected and safeguarded. (f) The right of Filipino migrant workers and all overseas Filipinos to participate in the democratic decision-making processes of the State and to be represented in institutions relevant to overseas employment is recognized and guaranteed. (g) The State recognizes that the ultimate protection to all migrant workers is the possession of skills. Pursuant to this and as soon as practicable, the government shall deploy and/or allow the deployment only to skilled Filipino workers. (h) Non-governmental organizations, duly recognized as legitimate, are partners of the State in the protection of Filipino migrant workers and in the promotion of their welfare, the State shall cooperate with them in a spirit of trust and mutual respect. (I) Government fees and other administrative costs of recruitment, introduction, placement and assistance to migrant workers shall be rendered free without prejudice to the provision of Section 36 hereof. Nonetheless, the deployment of Filipino overseas workers, whether land-based or sea-based by local service contractors and manning agencies employing them shall be encouraged. Appropriate incentives may be extended to them. SECTION 3. DEFINITIONS. – For purposes of this Act: (a) “Migrant worker” refers to a person who is to be engaged, is engaged or has been engaged in a renumerated activity in a state of which he or she is not a legal resident to be used interchangeably with overseas Filipino worker. (b) “Gender-sensitivity” shall mean cognizance of the inequalities and inequities prevalent in society between women and men and a commitment to address issues with concern for the respective interests of the sexes. (c) “Overseas Filipinos” refers to dependents of migrant workers and other Filipino nationals abroad who are in distress as mentioned in Sections 24 and 26 of this Act. I. DEPLOYMENT SECTION 4. Deployment of Migrant Workers – The State shall deploy overseas Filipino workers only in countries where the rights of Filipino migrant workers are protected. The government recognizes any of the following as guarantee on the part of the receiving country for the protection and the rights of overseas Filipino workers: (a) It has existing labor and social laws protecting the rights of migrant workers; (b) It is a signatory to multilateral conventions, declaration or resolutions relating to the protection of migrant workers; (c) It has concluded a bilateral agreement or arrangement with the government protecting the rights of overseas Filipino workers; and (d) It is taking positive, concrete measures to protect the rights of migrant workers. SECTION 5. TERMINATION OR BAN ON DEPLOYMENT – Notwithstanding the provisions of Section 4 hereof, the government, in pursuit of the national interest or when public welfare so requires, may, at any time, terminate or impose a ban on the deployment of migrant workers. II. ILLEGAL RECRUITMENT SECTION 6. DEFINITIONS. – For purposes of this Act, illegal recruitment shall mean any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-license or non-holder of authority contemplated under Article 13(f) of Presidential Decree No. 442, as amended, otherwise known as the Labor Code of the Philippines. Provided, that such non-license or non-holder, who, in any manner, offers or promises for a fee employment abroad to two or more persons shall be deemed so engaged. It shall likewise include the following acts, whether committed by any persons, whether a non-licensee, non-holder, licensee or holder of authority. (a) To charge or accept directly or indirectly any amount greater than the specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay any amount greater than that actually received by him as a loan or advance; (b) To furnish or publish any false notice or information or document in relation to recruitment or employment; (c) To give any false notice, testimony, information or document or commit any act of misrepresentation for the […]

Domestic Shipping Development Act of 2004

AN ACT PROMOTING THE DEVELOPMENT OF PHILIPPINE DOMESTIC SHIPPING, SHIPBUILDING, SHIP REPAIR AND SHIP BREAKING, ORDAINING REFORMS IN GOVERNMENT POLICIES TOWARDS SHIPPING IN THE PHILIPPINES AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS SECTION 1. Short Title. – This Act shall be known as the “Domestic Shipping Development Act of 2004.” SECTION 2. Declaration of Policy. – The State recognize that shipping is a necessary infrastructure, which is vital to the economic development of our country. The Philippines needs a strong and competitive domestic merchant fleet owned and controlled by Filipinos or by corporations at least sixty percent (60%) of the capital of which is owned by Filipinos and manned by qualified Filipino officers and crew which shall: (a) bridge our islands by ensuring safe, reliable, efficient, adequate and economic passenger and cargo services; (b) encourage the dispersal of industry and the economic development of our regional communities by ensuring the availability of regular, reliable and efficient shipping services; (c) ensure the growth of exports by providing necessary, competitive and economical domestic sea linkage; (d) serve as a naval and military auxiliary in times of war and other national emergencies; and (e) function as an employment support base for our Filipino seafarers. To attain these objectives, it is hereby declared to the policy of the State to; (a) promote Filipino ownership of vessels operated under the Philippine flag; (b) attract private capital to invest in the shipping industry by creating a healthy and competitive investment and operating environment; (c) provide necessary assistance and incentives for the continued growth of the Philippine domestic merchant marine fleet; (d) encourage the improvement and upgrading of the existing domestic merchant marine fleet and Filipino crew to meet international standards; (e) ensure the continued viability of domestic shipping operations; and (f) encourage the development of a viable shipbuilding and ship repair industry to support the expansion and modernization of the Philippine domestic merchant marine fleet and its strict adherence to safety standards which will ensure the seaworthiness of all sea-borne structures. SEC. 3. Definition of Terms. – As used in and for purposes of this Act, the following terms, whether in singular or plural are hereby defined as follows: (a) “Domestic shipping” shall mean the transport of passenger or cargo, or both, by ships duly registered and licensed under Philippine law to engage in trade and commerce between Philippine ports and within Philippine territorial or internal waters, for hire or compensation, with general or limited clientele, whether permanent occasional or incidental, with or without fixed routes, and done for contractual or commercial purposes; (b) “Domestic trade” shall mean the sale, barter or exchange of goods, materials or products within the Philippines; (c) “Domestic Ship Operator” or “Domestic Ship Owner” may be used interchangeably and shall mean a citizen of the Philippines, or a commercial partnership wholly owned by Filipinos, or a corporation at least sixty percent (60%) of the capital of which is owned by Filipinos, which is duly authorized by the Maritime Industry Authority (MARINA) to engage in the business of domestic shipping; (d) “Shipper” shall mean any person, partnership or corporation who shall procure for itself the services of a domestic ship operator for the carriage of its cargo in the domestic trade upon payment of proper compensation; (e) “MARINA” shall mean the Maritime Industry Authority; (f) “Ship” or “Vessel” may be used interchangeably and shall mean any kind, class or type of craft or artificial contrivance capable of floating in water, designed to be used, or capable of being used as a means of water transport in the domestic trade for the carriage of passengers or cargo, or both, utilizing its own motive power or that of another; (g) “Importation” shall mean the direct purchase, lease or charter of newly constructed or previously owned ships, or the purchase of ship’s spare parts from foreign sources or from registered enterprises operating in special economic zones as this terms is defined in Republic Act No. 7916 entitled, “The Special Economic Zone Act of 1995,” (h) “Spare parts” shall mean the replacement parts or components of vessel, including but not limited to its hull, engines, machineries, equipment, appurtenances, necessaries accessories, article, supplies, materials, steel plates, aluminum plates, other metal plates, communications, equipment, and other parts or components thereof, installed abroad the ships necessary for its safe and efficient navigation and operation; (i) “Certificate of Public Convenience’ shall mean the license on authority issued by MARINA to a domestic ship operator to engage in domestic shipping; (j) “Cargo handling equipment’ shall mean any machinery, gear or equipment used by the ship operator or a duly authorized and licensed port operator to service or handle cargo, on board the vessel at the port or in the terminal or container yard such as, but not limited to cranes, forklifts, top lifts, stackers, tractor heads, containers, pallet boards and the like, including all spare parts, replacement parts, appurtenances accessories, articles, supplies and materials thereof; (k) “Shipbuilding” shall mean the design, construction, launching and outfitting of all types of ships and watercraft; (l) “Ship repair” shall mean the overhaul, refurbishment renovation improvement, or alteration of the hull, machineries, equipment, outfits and components of all types of ships; (m) “Shipyard” shall mean the shipbuilding or repair facilities which have the capability to lift vessels above the waterline in order to effect ship work on vessels, appendages, structure, machinery and equipment; and (n) “Shipbuilder” or “Ship repairer” shall mean a citizen of the Philippines, or a commercial partnership owned by majority of Filipinos or a corporation incorporated under the laws of the Philippines, the capital of which is owned or controlled in any proportion by Filipinos or by foreign nationals, or by both such Filipinos or foreign nationals, or by corporations whether Filipino or foreign-owned, which is duly authorized by the MARINA to engage in the business of shipbuilding or ship repair or to otherwise operate a shipyard, graving dock or marine repair yard. CHAPTER II INVESTMENT INCENTIVES SEC. 4. Investment Incentives. – To insure the continued viability of domestic shipping, and to encourage investments in the domestic shipping industry, the following incentives shall be granted to qualified domestic ship operators: (a) Exemption from value-added tax on the importation and local […]

The Salvage Law

SECTION 1. When in case of shipwreck, the vessel or its cargo shall be beyond the control of the crew, or shall have been abandoned by them, and picked up and conveyed to a safe place by other persons, the latter shall be entitled to a reward for the salvage. Those who, not being included in the above paragraph, assist in saving a vessel or its cargo from shipwreck, shall be entitled to a like reward. SECTION 2.  If the captain of the vessel, or the person acting in his stead, is present, no one shall take from the sea, or from the shores or coast merchandise or effects proceeding from a shipwreck or proceed to the salvage of the vessel, without the consent of such captain or person acting in his stead. SECTION 3.  He who shall save or pick up a vessel or merchandise at sea, in the absence of the captain of the vessel, owner, or a representative of either of them, they being unknown, shall convey and deliver such vessel or merchandise, as soon as possible, to the Collector of Customs, if the port has a collector, and otherwise to the provincial treasurer or municipal mayor. SECTION 4.  After the salvage is accomplished, the owner or his representative shall have a right to the delivery of the vessel or things saved, provided that he pays, or gives a bond to secure, the expenses and the proper reward. The amount and sufficiency of the bond, in the absence of agreement, shall be determined by the Collector of Customs or by the Judge of the Court of First Instance of the province in which the things saved may be found. SECTION 5. The Collector of Customs, provincial treasurer, or municipal mayor, to whom a salvage is reported, shall order: a.  That the things saved be safeguard and inventoried. b. The sale at public auction of the things saved which may be in danger of immediate loss or of those whose conservation is evidently prejudicial to the interests of the owner,    when no objection is made to such sale. c.  The advertisement within thirty days subsequent to the salvage, in one of the local  newspapers or in the nearest newspaper published, of all the details of the disaster, with a  statement of the mark and number of the effects requesting all interested persons to make  their claims. SECTION 6.  If, while the vessel or things saved are at the disposition of the authorities, the owner or his representative shall claim them, such authorities shall order their delivery to such owner or his representative, provided that there is no controversy over their value, and a bond is given by the owner or his representative to secure the payment of the expenses and the proper reward. Otherwise, the delivery shall not be made until the matter is decided by the Court of First Instance of the province. SECTION 7. No claim being presented in the three months subsequent to the publication of the advertisement prescribed in sub-section (c) of Section five, the things save shall be sold at public auction, and their proceeds, after deducting the expenses and the proper reward shall be deposited in the insular treasury. If three years shall pass without anyone claiming it, one-half of the deposit shall be adjudged to him who saved the things, and the other half to the insular government. SECTION 8. The following shall have no right to a reward for salvage or assistance: a. The crew of the vessel shipwrecked or which was in danger of a shipwreck; b. He who shall have commenced the salvage in spite of opposition of the captain or his  representative; and c. He who shall have failed to comply with the provisions of Section three. SECTION 9. If, during the danger, an agreement is entered into concerning the amount of the reward for salvage or assistance, its validity may be impugned because it is excessive, and it may be required to be reduced to an amount proportionate to the circumstance. SECTION 10. In a case coming under the last preceding section, as well as in the absence of an agreement, the reward for salvage or assistance shall be fixed by the Court of First Instance of the province where the things salvaged are found, taking into account principally the expenditures made to recover or save the vessel or the cargo or both, the zeal demonstrated, the time employed, the services rendered, the excessive express occasioned the number of persons who aided, the danger to which they and their vessels were exposed as well as that which menaced the things recovered or salvaged, and the value of such things after deducting the expenses. SECTION 11.  From the proceeds of the sale of the things saved shall be deducted, first, the expenses of their custody, conservation, advertisement, and auction, as well as whatever taxes or duties they should pay for their entrance; then there shall be deducted the expenses of salvage; and from the net amount remaining shall be taken the reward for the salvage or assistance which shall not exceed fifty per cent of such amount remaining. SECTION 12. If in the salvage or in the rendering of assistance different persons shall have intervened the reward shall be divided between them in proportion to the services which each one may have rendered, and, in case of doubt, in equal parts. Those who, in order to save persons, shall have been exposed to the same dangers shall also have a right to participation in the reward. SECTION 13. If  a vessel or its cargo shall have been assisted or saved, entirely or partially, by another vessel, the reward for salvage or for assistance shall be divided between the owner, the captain, and the remainder of the crew of the latter vessel, so as to give the owner a half, the captain a fourth, and all the remainder of the crew the other fourth of the reward, in proportion to their respective salaries, in the absence of an agreement to the contrary. The express of salvage, as well as the reward for salvage or assistance, shall be a charge on the things salvaged on their value. SECTION 14.  This Act shall take effect on its passage. ENACTED, FEBRUARY 4, 1916.

Civil Code – Common Carriers

SECTION 4 Common Carriers SUBSECTION 1. General Provisions Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. Article 1733. Common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case. Such extraordinary diligence in the vigilance over the goods is further expressed in articles 1734, 1735, and 1745, Nos. 5, 6, and 7, while the extraordinary diligence for the safety of the passengers is further set forth in articles 1755 and 1756. SUBSECTION 2. Vigilance Over Goods Article 1734. Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only: (1) Flood, storm, earthquake, lightning, or other natural disaster or calamity; (2) Act of the public enemy in war, whether international or civil; (3) Act or omission of the shipper or owner of the goods; (4) The character of the goods or defects in the packing or in the containers; (5) Order or act of competent public authority. Article 1735. In all cases other than those mentioned in Nos. 1, 2, 3, 4, and 5 of the preceding article, if the goods are lost, destroyed or deteriorated, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence as required in article 1733. Article 1736. The extraordinary responsibility of the common carrier lasts from the time the goods are unconditionally placed in the possession of, and received by the carrier for transportation until the same are delivered, actually or constructively, by the carrier to the consignee, or to the person who has a right to receive them, without prejudice to the provisions of article 1738. Article 1737. The common carrier’s duty to observe extraordinary diligence over the goods remains in full force and effect even when they are temporarily unloaded or stored in transit, unless the shipper or owner has made use of the right of stoppage in transitu. Article 1738. The extraordinary liability of the common carrier continues to be operative even during the time the goods are stored in a warehouse of the carrier at the place of destination, until the consignee has been advised of the arrival of the goods and has had reasonable opportunity thereafter to remove them or otherwise dispose of them. Article 1739. In order that the common carrier may be exempted from responsibility, the natural disaster must have been the proximate and only cause of the loss. However, the common carrier must exercise due diligence to prevent or minimize loss before, during and after the occurrence of flood, storm or other natural disaster in order that the common carrier may be exempted from liability for the loss, destruction, or deterioration of the goods. The same duty is incumbent upon the common carrier in case of an act of the public enemy referred to in article 1734, No. 2. Article 1740. If the common carrier negligently incurs in delay in transporting the goods, a natural disaster shall not free such carrier from responsibility. Article 1741. If the shipper or owner merely contributed to the loss, destruction or deterioration of the goods, the proximate cause thereof being the negligence of the common carrier, the latter shall be liable in damages, which however, shall be equitably reduced. Article 1742. Even if the loss, destruction, or deterioration of the goods should be caused by the character of the goods, or the faulty nature of the packing or of the containers, the common carrier must exercise due diligence to forestall or lessen the loss. Article 1743. If through the order of public authority the goods are seized or destroyed, the common carrier is not responsible, provided said public authority had power to issue the order. Article 1744. A stipulation between the common carrier and the shipper or owner limiting the liability of the former for the loss, destruction, or deterioration of the goods to a degree less than extraordinary diligence shall be valid, provided it be: (1) In writing, signed by the shipper or owner; (2) Supported by a valuable consideration other than the service rendered by the common carrier; and (3) Reasonable, just and not contrary to public policy. Article 1745. Any of the following or similar stipulations shall be considered unreasonable, unjust and contrary to public policy: (1) That the goods are transported at the risk of the owner or shipper; (2) That the common carrier will not be liable for any loss, destruction, or deterioration of the goods; (3) That the common carrier need not observe any diligence in the custody of the goods; (4) That the common carrier shall exercise a degree of diligence less than that of a good father of a family, or of a man of ordinary prudence in the vigilance over the movables transported; (5) That the common carrier shall not be responsible for the acts or omission of his or its employees; (6) That the common carrier’s liability for acts committed by thieves, or of robbers who do not act with grave or irresistible threat, violence or force, is dispensed with or diminished; (7) That the common carrier is not responsible for the loss, destruction, or deterioration of goods on account of the defective condition of the car, vehicle, ship, airplane or other equipment used in the contract of carriage. Article 1746. An agreement limiting the common carrier’s liability may be annulled by the shipper or owner if the common carrier refused to carry the goods unless the former agreed to such stipulation. Article 1747. If the common carrier, without just cause, delays the transportation of the goods or changes the stipulated or usual route, the contract limiting the common carrier’s liability cannot be availed of in case of the loss, destruction, or deterioration of the goods. Article 1748. An agreement limiting the common carrier’s liability for delay on account of strikes or riots is valid. Article 1749. A stipulation that the common carrier’s liability is limited to the […]

Code of Commerce-Commercial Contracts for Transportation

TITLE VII – COMMERCIAL CONTRACTS FOR TRANSPORTATION ARTICLE 349.    A contract of transportation by land or water ways of any kind shall be considered commercial: 1.    When it has for its object merchandise or any article of commerce. 2.    When, whatever its object may be, the carrier is a merchant or is habitually engaged    in transportation for the public. ARTICLE 350.    The shipper as well as the carrier of merchandise or goods may mutually demand that a bill of lading be made, stating: 1.    The name, surname and residence of the shipper. 2.    The name, surname and residence of the carrier. 3.    The name, surname and residence of the person to whom or to whose order the goods  are to be sent or whether they are to be delivered to the bearer of said bill. 4.    The description of the goods, with a statement of their kind, of their weight, and of  the external marks or signs of the packages in which they are contained. 5.    The cost of transportation. 6.    The date on which shipment is made. 7.    The place of delivery to the carrier. 8.    The place and the time at which delivery to the consignee shall be made. 9.    The indemnity to be paid by the carrier in case of delay, if there should be any  agreement on this matter. ARTICLE 351.    In transportation made by railroads or other enterprises subject to regulation rate and time schedules, it shall be sufficient for the bills of lading or the declaration of shipment furnished by the shipper to refer, with respect to the cost, time and special conditions of the carriage, to the schedules and regulations the application of which he requests; and if the shipper does not determine the schedule, the carrier must apply the rate of those which appear to be the lowest, with the conditions inherent thereto, always including a statement or reference to in the bill of lading which he delivers to the shipper. ARTICLE 352.    The bills of lading, or tickets in cases of transportation of passengers, may be diverse, some for persons and others for baggage; but all of them shall bear the name of the carrier, the date of shipment, the points of departure and arrival, the cost, and, with respect to the baggage, the number and weight of the packages, with such other manifestations which may be considered necessary for their easy identification. ARTICLE 353.    The legal evidence of the contract between the shipper and the carrier shall be the bills of lading, by the contents of which the disputes which may arise regarding their execution and performance shall be decided, no exceptions being admissible other than those of falsity and material error in the drafting. After the contract has been complied with, the bill of lading which the carrier has issued shall be returned to him, and by virtue of the exchange of this title with the thing transported, the respective obligations and actions shall be considered cancelled, unless in the same act the claim which the parties may wish to reserve be reduced to writing, with the exception of that provided for in Article 366. In case the consignee, upon receiving the goods, cannot return the bill of lading subscribed by the carrier, because of its loss or of any other cause, he must give the latter a receipt for the goods delivered, this receipt producing the same effects as the return of the bill of lading. ARTICLE 354.    In the absence of a bill of lading, disputes shall be determined by the legal proofs which the parties may present in support of their respective claims, according to the general provisions established in this Code for commercial contracts. ARTICLE 355.    The responsibility of the carrier shall commence from the moment he receives the merchandise, personally or through a person charged for the purpose, at the place indicated for receiving them. ARTICLE 356.    Carriers may refuse packages which appear unfit for transportation; and if the carriage is to be made by railway, and the shipment is insisted upon, the company shall transport them, being exempt from all responsibility if its objections, is made to appear in the bill of lading. ARTICLE 357.    If by reason of well-founded suspicion of falsity in the declaration as to the contents of a package the carrier should decide to examine it, he shall proceed with his investigation in the presence of witnesses, with the shipper or consignee in attendance. If the shipper or consignee who has to be cited does not attend, the examination shall be made before a notary, who shall prepare a memorandum of the result of the investigation, for such purpose as may be proper. If the declaration of the shipper should be true, the expense occasioned by the examination and that of carefully repacking the packages shall be for the account of the carrier and in a contrary case for the account of the shipper. ARTICLE 358.    If there is no period fixed for the delivery of the goods the carrier shall be bound to forward them in the first shipment of the same or similar goods which he may make point where he must deliver them; and should he not do so, the damages caused by the delay should be for his account. ARTICLE 359.    If there is an agreement between the shipper and the carrier as to the road over which the conveyance is to be made, the carrier may not change the route, unless it be by reason of force majeure; and should he do so without this cause, he shall be liable for all the losses which the goods he transports may suffer from any other cause, beside paying the sum which may have been stipulated for such case. When on account of said cause of force majeure, the carrier had to take another route which produced an increase in transportation charges, he shall be reimbursed for such increase upon formal proof thereof. ARTICLE 360.    The shipper, without changing the place where the delivery is to be made, may change the consignment of the goods which he delivered to the carrier, provided that at the time of ordering the change of consignee the bill of lading signed by the carrier, if one has been issued, be returned to him, in […]

Commonwealth Act No. 65

IN ACT TO DECLARE THAT PUBLIC ACT NUMBERED FIVE HUNDRED AND TWENTY-ONE, KNOWN AS “CARRIAGE OF GOODS BY SEA ACT,” ENACTED BY THE SEVENTY-FOURTH CONGRESS OF THE UNITED STATES, BE ACCEPTED, AS IT IS HEREBY ACCEPTED BY THE NATIONAL ASSEMBLY WHEREAS, the 74th Congress of the United States enacted Public Act No. 521, entitled Carriage of Goods by Sea Act; WHEREAS, the primordial purpose of the said Acts is to bring about uniformity in ocean bills of lading and to give effect to the Brussels Treaty, signed by the United States with other powers; WHEREAS, the Government of the United States has left it to the Philippine Government to decide whether or not the said Act shall apply to carriage of goods by sea in foreign trade to and from Philippine ports; WHEREAS, the said Act contains advanced legislation, which is in consonance with modern maritime rules and the practices of the great shipping countries of the world; WHEREAS, shipping companies, shippers, and marine insurance companies, and various chambers of commerce, which are directly affected by such legislation, have expressed their desire that said Congressional Act be made applicable and extended to the Philippines; therefore, be it enacted by the National Assembly of the Philippines: Section 1. That the provisions of Public Act No. 521 of the 74th Congress of the United States, approved on April 16, 1936, be accepted, as it is hereby accepted to be made applicable to all contracts for the carriage of goods by sea to and from Philippine ports in foreign trade: Provided, that nothing in this Act shall be construed as repealing any existing provision of the Code of Commerce which is now in force, or as limiting its application. Section 2. This Act shall take effect upon its approval. (Approved: October 22,1936). TITLE I Section 1. When used in this Act — (a) The term “carrier” includes the owner or the charterer who enters into a contract of carriage with a shipper. (b) The term “contract of carriage” applies only to contracts of carriage covered by a bill of lading or any similar document of title, insofar as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same. (c) The term “goods” includes goods, wares, merchandise, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried. (d) The term “ship” means any vessel used for the carriage of goods by sea. (e) The term “carriage of goods” covers the period from the time when the goods are loaded on to the time when they are discharged from the ship. RISKS Section 2. Subject to the provisions of section 6, under every contract of carriage of  goods by sea, the carrier in relation to the loading handling, stowage, carriage, custody,  care, and discharge of such goods, shall be subject to the responsibilities and liabilities   and entitled to the rights and immunities hereinafter set forth.   RESPONSIBILITIES AND LIABILITIES Section 3. (1) The carrier shall be bound, before and at the beginning of the voyage, to  exercise due diligence to – (a) Make the ship seaworthy; (b) Properly man, equip, and supply the ship; (c) Make the holds, refrigerating and cooling chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception carriage and preservation. (2) The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried. (3) After receiving the goods into his charge the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things — (a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage. (b) Either the number of packages or pieces, or the quantity or weight, as the case may be, as furnished in writing by the shipper. (c) The apparent order and conditions of the goods: Provided, That no carrier, master, or agent of the carrier, shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking. (4) Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the  goods as therein described in accordance with paragraphs (3) (a), (b), and (c) of this  section: (The rest of the provision is not applicable to the Philippines). (5)  The shipper shall be deemed to have guaranteed to the carrier the accuracy at the  time of shipment of the marks, number, quantity, and weight, as furnished by him; and  the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity  shall in no way limit his responsibility and liability under the contract of carriage to any  person other than the shipper. (6)  Unless notice or loss or damage and the general nature of such loss or damage by given in writing to the carrier or his agent at the port of discharge or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading. If the loss or damage is not   apparent, the notice must be given within three days of the delivery. Said notice of loss or damage may be endorsed […]

Administrative Order No. 29

MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES NAMING THE WEST PHILIPPINE SEA OF THE REPUBLIC OF THE PHILIPPINES, AND FOR OTHER PURPOSES WHEREAS, Presidential Decree No. 1599 (1978) established the Exclusive Economic Zone (EEZ) of the Philippines extending to a distance of two hundred nautical miles from the baselines of the Philippine archipelago; WHEREAS, Republic Act No. 9522 (2009), or the Baselines Law, specifically defined and described the baselines of the Philippine archipelago; WHEREAS, the Philippines exercises sovereign rights under the principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), to explore and exploit, conserve and manage the natural resources, whether living or non-living, both renewable and non-renewable, of the sea-bed, including the subsoil and the adjacent waters, and to conduct other activities for the economic exploitation and exploration of its maritime domain, such as the production of energy from the water, currents and winds; WHEREAS, the Philippines exercises sovereign jurisdiction in its EEZ with regard to the establishment and use of artificial islands, installations and structures; marine scientific research; protection and preservation of the marine environment; and other rights and duties provided for in UNCLOS; and WHEREAS, in the exercise of sovereign jurisdiction, the Philippines has the inherent power and right to designate its maritime areas with appropriate nomenclature for purposes of the national mapping system. NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by the Constitution and by law, do hereby order: Section 1. The maritime areas on the western side of the Philippine archipelago are hereby named as the West Philippine Sea. These areas include the Luzon Sea as well as the waters around, within and adjacent to the Kalayaan Island Group and Bajo De Masinloc, also known as Scarborough Shoal. Section 2. The naming of the West Philippine Sea is without prejudice to the determination of the maritime domain over territories which the Republic of the Philippines has sovereignty and jurisdiction. Section 3. The National Mapping and Resource Information Authority (NAMRIA) shall produce and publish charts and maps of the Philippines reflecting the West Philippine Sea in accordance with this Order. Section 4. The Philippine Government, through the Department of Foreign Affairs (DFA) in consultation with NAMRIA and other appropriate government agencies, shall deposit, at the appropriate time, a copy of this Order enclosing the official map reflecting the West Philippines Sea with the Secretary-General of the United Nations and notify accordingly relevant international organizations, such as the International Hydrographic Organization and the United Nations Conference on the Standardization of Geographical Names. Section 5. All departments, subdivisions, agencies and instrumentalities of the Government are hereby directed to use and employ the name West Philippine Sea in all communications, messages and public documents, to popularize the use of such name in the general public, both domestically and internationally. Section 6. All departments, subdivisions, agencies and instrumentalities of the Government are enjoined to use the official Philippine maps produced and published by NAMRIA in accordance with this Order. For this purpose, the Department of Education (DepEd), the Commission on Higher Education (CHED), and state universities and colleges (SUCs) are directed to issue circulars requiring the use of said official Philippine maps in relevant subjects, researches and instructional materials, such as, among others, text books, instructional materials, and audio-visual presentations. Section 7. The NAMRIA shall ensure compliance with this Order, pursuant to Department of Environment and Natural Resources Administrative Order (DENR-AO) No. 31 (s. 1988) and other pertinent laws, rules and regulations. Section 8. The expenditures which may be incurred in the implementation of this Order shall be funded from the existing annual budget of the concerned agencies, subject to the usual accounting and auditing rules and regulations. Section 9. If any provision of this Order is declared invalid or unconstitutional by competent authority, the other provisions unaffected shall remain valid and subsisting. Section 10. All issuances, rules and regulations or parts thereof that are inconsistent with the provisions of this Order are hereby revoked, amended, or modified accordingly. Section 11. This Order shall take effect immediately. DONE, in the City of Manila, 5th day of September, in the year of Our Lord, Two Thousand and Twelve. (Sgd.) BENIGNO S. AQUINO III By the President: (Sgd.) PAQUITO N. OCHOA, JR. Executive Secretary

1987 Constitution of the Republic of the Philippines

PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. ARTICLE I NATIONAL TERRITORY The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. Section 6. The separation of Church and State shall be inviolable. STATE POLICIES Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Section 11. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. Section 21. The State shall promote comprehensive rural development and agrarian reform. Section 22. The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development. Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. Section 24. The State recognizes the vital role of communication and information in nation-building. Section 25. The State shall ensure the autonomy of local governments. Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest. ARTICLE III BILL OF RIGHTS Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section […]

Republic Act No. 3046 (as amended by RA 5446)

AN ACT DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES. WHEREAS, the Constitution of the Philippines describes the national territory as comprising all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on December 10, 1898, the limits of which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington, between the United States and Spain on November 7, 1900, and in the treaty concluded between the United States and Great Britain on January 2, 1930, and all the territory over which the Government of the Philippine Islands exercised jurisdiction at the time of the adoption of the Constitution; WHEREAS, all the waters within the limits set forth in the above-mentioned treaties have always been regarded as part of the territory of the Philippine Islands; WHEREAS, all the waters around, between and connecting the various islands of the Philippines archipelago, irrespective of their width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines; WHEREAS, all the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial sea of the Philippines; WHEREAS, the baselines from which the territorial sea of the Philippines is determined consist of straight lines joining appropriate points of the outermost islands of the archipelago; and WHEREAS, the said baselines should be clarified and specifically defined and described for the information of all concerned; Now, therefor, Section 1. The baselines for the territorial sea of the Philippines are hereby defined and described specifically as follows: N. Latitude E. Longitude Asimuth Distance in Meters Y’ami Island (E) Line 1 (Yami I. (E.) — Tumaruk Rk.) 21º07’03” 121º57’24” 353º27′ 71,656 Tumaruk Rk. Line 2 (Tumaruk Rk. — Balintang Is.) 20º28’28” 122º02’06” 347º13′ 58,105 Balintang Island Line 3 (Balingtang Is.— Didicas Rk.) 19º57’45” 122º09’28” 375º05′ 97,755 Didicas Rk. Line 4 (Didicas Rk. – Iligan Pt.) 19º04’50” 122º12’18” 350º39′ 86,155 Iligan Pt. Line 5 (Iligan Pt. – Ditolong Pt.) 18º18’45” 122º20’15” 351º23′ 136,030 Ditolong Pt. Line 6 (Ditolong Pt. – Diviuisa Pt.) 17º05’50” 122º31’44” 16º56′ 34,378 Diviuisa Pt. Line 7 (Diviuisa Pt. – Dijohan Pt.) 16º48’00” 122º26’06” 21º01′ 57,781 Dijohan Pt. Line 7a (Dijohan Pt. – Bulubalik Pt.) 16º18’45” 122º14’28” 10º52′ 142,360 Bulubalik Pt. Line 8 (Bulubalik Pt. – Tinaga I.) 15º02’56” 121º59’30” 300º15′ 120,986 Tinaga I. Line 9 (Tinaga I. – Horadaba Rks.) 14º29’45” 122º57’40” 286º27′ 148,690 Horadaba Rks. Line 10 (Horadaba Rks. — Matulin Rk.) 14º06’41” 124º16’54” 306º34′ 1,083 Matulin Rk. Line 11 (Matulin Rk. – Atalaya Pt.) 14º06’20” 124º17’23” 331º46′ 178,480 Atalaya Pt. Line 11a (Atalaya Pt. – Finch Rk.) 12º40’59” 125º04’02” 313º30′ 22,268 Finch Rk. Line 12 (Finch Rk. – SE of Manjud Pt.) 12º32’40” 125º12’57” 313º56′ 12,665 SE Manjud pt. Line 12a (SE of Manjud Pt. – Sora Cay) 12º27’54” 125º17’59” 322º27′ 14,225 Sora Cay Line 13 (Sora Cay – Bunga Pt.) 12º21’47” 125º22’46” 321º03′ 22,793 Bunga Pt. Line 13a (Bunga Pt. – Tubabao I.) 12º12’10” 125º30’40” 331º50′ 12,686 Tubabao I. Line 14 (Tubabao I. – Tugnug Pt.) 23º06’06” 125º33’58” 355º22′ 83,235 Tugnug Pt. Line 15 (Tugnug Pt. – Suluan I.) 11º21’06” 125º37’40” 331º03′ 75,326 Suluan Island Line 16 (Suluan I. – Tuason Pt.) 10º45’20” 125º57’40” 347º51′ 107,070 Tuason Pt. Line 17 (Tuason Pt. – Cauit Pt.) 9º48’33” 126º10’00” 355º25′ 55,415 Cauit Pt. Line 18 (Cauit Pt. Arangasa Is.) 9º18’35” 126º12’25” 342º44′ 49,703 Arangasa Is. Line 19 Arangasa Is. – Quinablangan I.) 8º52’50” 126º20’28” 348º40′ 131,330 Quinablangan I. Line 19a (Quinablangan I. – Above Languyan R.) 7º42’58” 126º34’30” 353º08′ 25,619 Above Languyan R. Line 20 (Above Languyan R. — Pusan Pt.) 7º29’10” 126º36’10” 356º52′ 22,489 Pusan Pt. Line 21 (Pusan Pt. – Tuguban Pt.) 7º16’59” 126º36’50” 26º39′ 36,259 Tuguban Pt. Line 22 (Tuguban Pt. – Cape S. Agustin N.) 6º59’24” 126º28’00” 20º33′ 83,350 Cape San Agustin (N) Line 22a (Cape S. Agustin (N) — Cape San Agustin (S) 6º17’03” 126º12’08” 30º16′ 1,707 Cape San Agustin (S) Line 23 (Cape S. Agustin (S) — Panguil Bato Pt.) 6º16’15” 126º11’40” 39º23′ 125,100 Panguil Bato Pt. Line 23a (Panguil Bato Pt. – Tapundo Pt.) 5º23’45” 125º28’42” 66º32′ 7,484 Tapudo Pt. Line 24 (Tapundo Pt. – Manamil I.) 5º22’08” 125º24’59” 89º19′ 7,667 Manamil I. Line 24a (Manamil I. – Balut I. (W) 5º22’05” 125º20’50” 139º01′ 3,051 Balut I. (W) Line 25 (Balut I. (W) – Middle of 3 Rk. Awash) 5º23’20” 125º19’45” 124º47′ 149,840 Middle of 3 Rk. Awash Line 26 (Middle of 3 Rk. Awash — Tongquil I.) 6º09’39” 124º13’02” 86º18′ 259,400 Tongquil I. Line 27 (Tongquil I. – Sumbasumba I.) 6º00’15” 121º52’45” 61º29′ 115,950 Sumbasumba I. Line 28 (Sumbasumba I. – Kinapusan Is.) 5º30’10” 120º57’35” 43º19′ 44,445 Kinapusan Is. Line 29 (Kinapusan Is. – Manuk Manka I.) 5º12’37” 120º41’05” 63º14′ 101,290 Manuk Manka I. Line 30 (Manuk Manka I. – Frances Reef) 4º47’50” 119º52’10” 58º30′ 80,847 Frances Reef Line 31 (Frances Reef – Bajapa Reef) 4º24’54” 119º14’54” 134º34′ 29,330 Bajapa Reef Line 32 (Bajapa Reef) – Panguan I.) 4º36’04” 119º03’36” 164º05′ 13,480 Panguan I. Line 33 (Panguan I. – Omapoy I.) 4º43’06” 119º01’36” 238º48′ 42,470 Omapoy I. Line 34 (Omapoy I. – Sanga-Sanga I.) 4º55’02” 119º21’15” 246º11′ 51,005 Sanga-Sanga I. Line 35 (Sanga-Sanga I. – Pearl Bank) 5º06’12” 119º46’30” 170º05′ 80,200 Pearl Bank Line 36 (Pearl Bank – Baguan I.) 5º49’04” 119º39’01” 103º13′ 137,050 Baguan I Line 36a (Banguan I. – Taganak I.) 6º06’00” 118º26’42” 76º52′ 15,535 Taganak I. Line 37 (Taganak I. – Gt. Bakkungaan O 6º04’05” 118º18’30” 118º39′ 24,805 Gt. Bakkungaan Line 37a (Gt. Bakkungaan – Sibaung I.) 6º10’32” 118º06’42” 136º04′ 18,470 Sibaung I. Line 38 (Sibaung – I. Muligi I. 6º17’45” 117º59’45” 215º36′ 79,915 Mulugi I. Line 39 (Mulugi I. – Mangsee Is.) 6º53’00” 118º25’00” 119º14′ 140,541 Mangsee Is. Line 39a (Mangsee Is. – Cape Melville) 7º30’10” 117º18’20” 134º50 48,815 Cape Melville Line 40 (Cape Melville – Ligas Pt.) 7º48’50” 116º59’30” 153º54′ 15,665 Ligas Pt. Line 41 (Ligas Pt. – Cay) 7º56’28” 116º55’45” 170º40′ 5,666 Cay Line 41a (Cay-Secam I.) 7º59’30” 116º55’15” 204º52′ 22,925 Secam I. Line 42 (Secam I. – N. of Canipan Bay) 8º10’47” 117º00’30” 209º09′ 54,900 N. of Canipan Bay Line 43 (N. of Canipan Bay — Tatub Pt.) 8º36’50” 117º15’06” 218º57′ 18,570 Tatub Pt. Line […]