AN ACT DEFINING THE LIABILITY OF SHIP AGENTS IN THE TRAMP SERVICE AND FOR OTHER PURPOSES

Case Overview and Summary

Summary of Republic Act No. 9515

Definitions:
- Ship Agent: Person entrusted with provisioning or representing the vessel in port. (Section 1a)
- General Agent: Ship agent appointed for all voyages, assumes role and responsibility of principal within Philippine territory, including soliciting cargo, paying expenses, collecting charges, and issuing bills of lading. (Section 1b)
- Tramp Agent: Ship agent appointed for one particular voyage, authority limited to facilitating vessel's entry, stay, and departure in port, does not assume ship owner's obligations with shipper or receiver. (Section 1c)
- Tramp Service: Operation of a contract carrier with no regular routes or schedules, accepts cargo wherever and whenever desired, hired on a contractual basis or chartered, usually carries bulk or break bulk cargoes. (Section 1d)
- Liner Service: Operation of a common carrier offering services without discrimination, has regular ports of call/destination, fixed sailing schedules and frequencies, published freight rates and charges, usually carries multiple consignments. (Section 1e)

Liability:
- Responsibility or liability of ship agent, general agent, and tramp agent continues to be governed by the Code of Commerce. (Section 2)
- For tramp agent, liability shall not extend to obligations assumed by ship owner, charterer, or carrier with shipper or receiver for goods carried. (Section 2)
- Tramp agent has duty to assist shipper or receiver in making cargo liability claims against ship owner, charterer, or carrier. (Section 2)
- Failure or inaction to perform the duty of assisting with cargo claims shall subject tramp agent to administrative sanctions based on Implementing Rules and Regulations (IRR) formulated by Maritime Industry Authority (MARINA) and Philippine Shippers Bureau (PSB). (Section 2)

Other Provisions:
- Inconsistent laws, decrees, executive orders, rules, and regulations are amended or modified accordingly. (Section 3)
- Act takes effect 15 days after publication in two national newspapers of general circulation. (Section 4)