Question & AnswerQ&A (Act No. 2616.)
A person is entitled to a reward for salvage if they pick up and convey to a safe place a vessel or cargo that is beyond the control of the crew or abandoned, or if they assist in saving a vessel or its cargo from shipwreck.
No, salvage or taking merchandise from shipwreck cannot be done without the consent of the captain or the person acting in his stead if they are present.
They must convey and deliver the vessel or merchandise as soon as possible to the collector of customs or, if there is none, to the provincial treasurer or municipal president.
The owner or representative has the right to delivery upon payment or giving a bond to secure expenses and proper reward. The bond's adequacy is determined by the customs collector or court if there's no agreement.
They must safeguard and inventory the saved items, may order their sale if in danger of loss, and publish an advertisement for claims in local newspapers within 30 days.
The items will be sold at public auction, and the proceeds after expenses and reward are deposited in the Insular Treasury. If unclaimed after three years, half the deposit goes to the salvor and half to the government.
The crew of the shipwrecked vessel, those who salvage despite opposition from the captain, and those who fail to comply with delivery requirements are disqualified.
Yes, an agreement can be challenged if the agreed reward is excessive and may be reduced by the court to a proportionate amount.
The Court of First Instance fixes the reward considering expenses, effort, time, services, number of helpers, dangers involved, and value of salvaged items after expenses.
Deductions include custody, conservation, advertisement, auction expenses, taxes or duties, salvage expenses, and then the reward, which cannot exceed 50% of the net amount.
The reward is divided in proportion to services rendered, or equally in case of doubt, and those saving persons at similar dangers share in the reward.
The reward is divided with the owner of the assisting vessel receiving half, the captain a quarter, and the remainder of the crew the last quarter, proportionate to their salaries.