G.R. No. 1876: September 30, 1905
THE UNITED STATES, plaintiff-appellant, vs. SMITH, BELL & COMPANY, defendant-appellee.
FACTS: The United States filed an action against Smith, Bell & Company to recover damages for a collision between the Navy boat Barcelo and a casco towed by the defendant’s launch, the Alexandra, near the mouth of the Pasig River on November 6, 1902. The Court of First Instance found that the collision occurred due to the defendant’s failure to display proper navigation lights. However, the defendant argued that the plaintiff’s action was inadmissible because the United States failed to comply with Article 835 of the Code of Commerce, which requires the presentation of a sworn statement (protest) regarding the collision to a competent authority within twenty-four hours after the incident or after arrival at the first port.
ISSUE
Whether the United States, as the plaintiff, is barred from recovering damages for the collision due to its failure to comply with the protest requirement under Article 835 of the Code of Commerce.
RULING
Yes. The Supreme Court affirmed the decision of the lower court, ruling that the provision of Article 835 of the Code of Commerce applies to all persons engaged in maritime traffic in the Philippine waters, including the Government. The requirement to file a sworn protest within twenty-four hours is a mandatory prerequisite to maintaining an action for damages arising from a collision. Since the United States failed to comply with this requirement, it cannot maintain the action for damages. The defendant was awarded costs.