Lopez vs.

Duruelo
52 Phil 229

Facts: On February 10, 1927, plaintiff Augusto Lopez was desirous of embarking upon the interisland
steamer San Jacinto in order to go to Cebu, the plaintiff embarked at the landing in the motorboat
Jison which was engaged in conveying passengers and luggage back and forth from the landing to
the boats at anchor.

As the motorboat approached San Jacinto in a perfectly quiet sea, it came too near to the stern of the
ship, and as the propeller of the ship had not yet ceased to turn, the blades of the propeller strucked
the motorboat and sank it at once. As it sank, the plaintiff was thrown into the water against the
propeller, and the revolving blades inflicted various injuries upon him. The plaintiff was hospitalized.
He filed a complaint seeking to recover damages from the defendant. The defendant however alleged
that the complaint does not have a right of action, a demurrer was submitted directed to the fact that
the complaint does not allege that the protest had been presented by the plaintiff, within twenty-four
hours after the occurrence to the competent authority at the port where the accident occurred as
provided for Article 835 of the Code of Commerce.

Issue: Whether the motorboat Jison is a vessel provided for by Article 835 of the Code of Commerce?

Held: The word vessel as used in the third section of tile IV, Book III of the Code of Commerce, dealing
with collisions, does not include all ships, craft or floating structures of any kind without limitation. The
said section does not apply to minor craft engaged in a river and bay traffic.Therefore, a passenger
on boat like the Jison, is not required to make protest as a condition precedent to his right of action for
the injury suffered by him in the collision described in the complaint.Article 835 of the Code of
Commerce does not apply.