Title
Return of Deserting Seamen
Law
Act No. 1439
Decision Date
Jan 16, 1906
Act No. 1439 enables masters of ships to secure the return of seamen who have deserted from their ships in the Philippine Islands, specifically in cases involving vessels of foreign governments with a treaty for the restoration of deserting seamen, by allowing consuls or vice-consuls to make written applications to the Philippine courts for the arrest and examination of the deserted seamen, who will be delivered up to the consul or vice-consul for repatriation if found to be true, or detained for a maximum of two months if requested, with exceptions for cases involving crimes or offenses.

Q&A (Act No. 1439)

The main purpose of Act No. 1439 is to provide a method for masters of ships to secure the return to their ships of seamen who have deserted while in the Philippine Islands.

A consul or vice-consul of any foreign government having a treaty with the United States stipulating for the restoration of deserting seamen can apply for the return.

The application must be made in writing and state the name of the person who has deserted from the vessel.

Proof must be presented by the exhibition of the vessel's register, ship's roll, or other official documents showing the person belonged to the crew at the time of desertion.

If the facts are found true and the deserter is not a citizen of the United States or the Philippine Islands, they shall be delivered to the consul or vice-consul to be sent back to their country or detained until such opportunity arises.

No person arrested can be detained more than two months after arrest; after which they must be released and cannot be molested again for the same cause.

Yes, if the deserter has committed any crime or offense, surrender may be delayed until the court handling the case pronounces sentence and it is carried into effect.

No, the Act specifically excludes persons who are citizens of the United States or the Philippine Islands.

The Act took effect immediately upon its passage on January 16, 1906.


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