What is the role of a “protest” with respect to collisions?

The action for recovery of 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 Filipino consul if it occurred in a foreign country (Art. 835).

Note: Failure to make a protest is not an impediment to the maintenance of a civil action based on quasi-delict.

When is a protest required?

A: 1. Arrival under stress; (Art. 612 [8])

2. Shipwreck; (Arts. 601 [15], 843)

3. If the vessel has gone through a hurricane or where the captain believes that the cargo has suffered damages or averages; (Art. 642) and

4. Maritime collision. (Art. 835)

Who can file a maritime protest?

1. In case of maritime collision, the passenger or other persons interested who may be on board the vessel or who were in a condition who can make known their wishes (Arts. 835-­836) or the captain himself. (Verzosa and Ruiz v. Lim, G.R. No. 20145, Nov. 15, 1923)

2. The captain in cases of:

a. Arrival under stress

b. Shipwreck; or

c. If the vessel has gone through a hurricane or where the captain believes that the cargo has suffered damages or averages.