Full Title
AN ACT DEFINING THE LIABILITY OF SHIP AGENTS IN THE TRAMP SERVICE AND FOR OTHER PURPOSES
Digital Resource
View PDF file
Congress
14th Congress of the Republic
Senate Bill
S. No. 2078
SBN-2078 (AS FILED)
House Bill
H. No. 4120
Legislative History
View Legislative History in Senate website
Floor Activity
View Floor Activity in Senate website
Committee Report Senate Link
View Committee Report
View PDF link of Committee Report no. 92
Date of Approval
December 19, 2008

Legislative History

Entitled:
AN ACT DEFINING THE LIABILITY OF SHIP AGENTS IN THE TRAMP SERVICE AND FOR OTHER PURPOSES
[ FIRST REGULAR SESSION, 14TH CONGRESS ]
[ 2008 ]
2/13/2008 Introduced by Senator JUAN PONCE ENRILE;
2/13/2008 Read on First Reading and Referred to the Committee on PUBLIC SERVICES;
8/14/2008 Returned by the Committee on PUBLIC SERVICES per Committee Report No. 92, recommending the approval of SBN-2078 without amendment, taking into consideration SBN-2518 and HBN-4120;
8/19/2008 Sponsor: Senator JUAN PONCE ENRILE;
8/19/2008 Committee Report Calendared for Ordinary Business;
8/26/2008 Transferred from Ordinary Business to Special Order;
8/26/2008 Sponsorship speech of Senator JUAN PONCE ENRILE;
9/2/2008 Senator MANUEL "LITO " M. LAPID was made a co-author;
9/3/2008 Period of interpellation closed;
9/3/2008 Period of committee amendments closed;
9/3/2008 Period of individual amendments closed;
9/3/2008 Approved on Second Reading without Amendment;
9/4/2008 Printed copies were distributed to the Senators;
9/9/2008 Approved on Third Reading;
9/9/2008 In favor: (20) BENIGNO S. AQUINO III, JOKER P. ARROYO, RODOLFO G. BIAZON, "COMPANERA" PIA S. CAYETANO, ALAN PETER "COMPANERO" S. CAYETANO, MIRIAM DEFENSOR SANTIAGO, JINGGOY P. EJERCITO-ESTRADA, JUAN PONCE ENRILE, RICHARD "DICK" J. GORDON, GREGORIO B. HONASAN II, PANFILO M. LACSON, MANUEL "LITO" M. LAPID, LOREN B. LEGARDA, M. A. MADRIGAL, FRANCIS N. PANGILINAN, AQUILINO Q. PIMENTEL JR., RAMON A. REVILLA JR., MAR ROXAS, MANNY VILLAR and JUAN MIGUEL F. ZUBIRI;
9/9/2008 Against: (None) ;
9/9/2008 Abstention: (None) ;
9/10/2008 Sent to the House of Representatives requesting for concurrence;
9/17/2008 House of Representatives concurred with Senate Bill No. 2078, that there is no need for a bicameral conference to discuss their disagreeing provisions. In view thereof, Senator Enrile requested the Majority Leader to make a motion to adopt the proposal of the House and that the Secretariat be furnished with a copy of the letter of Congressman Fuentebella;
9/30/2008 House of Representatives adopted SBN-2078 as an amendment to HBN-4120 on September 24, 2008;
11/11/2008 Enrolled copies of the consolidated version of SBN-2078 and HBN-4120, sent to the House of Representatives for the signature of the Speaker and the Secretary General;
11/19/2008 Enrolled copies of the consolidated version of SBN-2078 and HBN-4120, received by the Senate which were already signed by the Speaker and the Secretary General of the House of Representatives;
11/19/2008 Enrolled copies of the consolidated version of SBN-2078 and HBN-4120, sent to the Office of the President of the Philippines through PLLO, for the signature and approval of Her Excellency President Gloria Macapagal Arroyo;
12/19/2008 Approved and signed into law by the President of the Philippines in consolidation with HBN-4120, Her Excellency President Gloria Macapagal Arroyo, and became; (See: O.B. dated January 19, 2009);
12/19/2008 REPUBLIC ACT NO. 9515.
8/7/2008 Conducted COMMITTEE MEETINGS/HEARINGS;

Committees

Committee Report No.
92
Committee Referral
View Committee Referral in Senate website

Other Details

Issuance Category
Legislative Issuance
Legislative Issuance Type
Republic Act
Bill Note
Senate Bill First in Billing
Subjects
Shipping industry
Ships
SHIPS -- CARGO
TRAMP SERVICE

Official Gazette

Official Gazette Source
Official Gazette volume 105 number 9 (March 2, 2009) page 1180

Full Text of Issuance

S. No. H. No.

[ REPUBLIC ACT NO. 9515, December 19, 2008 ]

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

 

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Definition of Terms. - As used in this Act:

  1. "Ship Agent" shall mean the person entrusted with the provisioning or representing the vessel in the port in which it may be found;
  2. "General Agent" shall mean a ship agent appointed by the ship owner or carrier in the liner service for all voyages and covered by a General Agency Agreement whereby the agent assumes the role and responsibility of its principal within the Philippine territory including, but not limited to, solicitation of cargo and freight, payment of discharging or loading expenses, collection of shipping charges and issuing/releasing bills of lading and cargo manifest;
  3. "Tramp Agent" shall mean a ship agent appointed by the ship owner, charterer or carrier in the tramp service for one particular voyage whose authority is limited to the customary and usual procedures and formalities required for the facilitation of the vessel's entry, stay and departure in the port and does not include the assumption of the ship owner's, charter's, or carrier's obligations with the shipper or receiver for the goods carried by the ship;
  4. "Tramp Service" shall mean the operation of a contract carrier which has no regular and fixed routes and schedules but accepts cargo wherever and whenever the shipper desires, is hired on a contractual basis, or chartered by any one or few shippers under mutually agreed terms and usually carries bulk or break bulk cargoes; and
  5. "Liner Service" shall mean the operation of a common carrier which publicly offers its services without discrimination to any user, has regular ports of call/destination fixed sailing schedules and frequencies and published freight rates and attendant charges and usually carries multiple consignments.

SEC. 2. Liability of the Ship Agent, General Agent and Tramp Agent.- The responsibility or liability, if any, of the ship agent, general agent and tramp agent shall continue to be governed by the pertinent provisions of the Code of Commerce: Provided, That in the case of the tramp agent, his liability shall not extend to the obligations assumed by the ship owner, charterer or carrier with the shipper or receiver for the goods carried by the ship: Provided, further, That it is the duty of the tramp agent, however, to assist the shipper or receiver in making cargo liability claims against the ship owner, charterer or carrier: Provided, finally, That failure or inaction to perform the aforesaid duty shall subject the tramp agent to applicable administrative sanctions based on the Implementing Rules and Regulations (IRR) to the formulated thereon by the Maritime Industry Authority (MARINA) under the Department of Transportation and Communications (DOTC) and by the Philippine Shippers Bureau (PSB) under the Department of Trade and Industry (DTI).

SEC. 3. Repealing Clause. - All applicable laws, decrees, executive orders, rules and regulations which are inconsistent with this Act are hereby amended or modified accordingly.

SEC. 4. Effectivity. - This Act shall take effect fifteen (15) days following the completion of its publication in two (2) national newspapers of general circulation.

Approved,
 

(Sgd.) PROSPERO C. NOGRALES (Sgd.) MANNY VILLAR
Speaker of the House of Representatives President of the Senate

This Act which is a consolidation of Senate Bill No. 2078 and House Bill No. 4120 was finally passed by the Senate and the House of Representatives on September 9, 2008 and September 24, 2008, respectively.
 

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES
Secretary General House of Representatives Secretary of the Senate

Approved: DEC. 19, 2008
 

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

Source: Supreme Court E-Library

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