XI.
(10%)
Two vessels figured in a collision along the Straits of Guimaras resulting in considerable loss of cargo. The damaged vessels were safely conducted to the Port of Iloilo.
Passenger A failed to file a maritime protest. B, a nonpassenger but a shipper who suffered damage to his cargo, likewise did not file a maritime protest at all.
(a) What is a maritime protest?
(b) Can A and B successfully maintain an action to recover losses and damages arising from the collision? Reason briefly.
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XI.
a.
Maritime protest is a report filed before competent authorities by the ship captain to note any damage to the vessel or cargo during the voyage.
b.
Yes. The failure of A and B to file maritime protest is of no importance. The vessel or vessels found to be at fault shall be liable for the damages.
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