390. Urrutia v. Pasig Steamer & Lighter Co. 15 Phil 521 Doctrines: 1. There There being no express express law in force force in these Islands Islands nor any positive positive provisi provision on in the Code of Commerce relative to the case, this court proceeds to judge and determ determine ine the questi question on at issue issue concer concernin ning g remun remunera eratio tion n for certai certain n salvage services, in accordance with the legal theory in practice in the nited !tates and the jurisprudence jurisp rudence established by the courts thereof. thereof. ". !alv !alvag age e is allo allowe wed d to rewa reward rd prom prompt ptnes ness, s, ener energy gy,, e# e#ci cienc ency, y, and and heroi heroic c endeavor in saving life and property in peril, etc., but, however meritorious and worthy of praise be the action and cooperation of the o#cers and crew of the salving vessel, it is of capital importance to ta$e into consideration the use and service of the said vessel as an indispensable instrument for the salvage, as well also as the danger to which it was exposed% whence it is unque unquest stio iona nabl ble e that that both both the the ow owner ner of the the salv salvin ing g vess vessel el and and the the crew crew thereof are entitled to reward for the salvage service rendered. &. The The theo theory ry and juri jurispr sprud udenc ence e of the court courts s of the nit nited ed !tat !tates es does does not not oblige the owner of the salving vessel to ma$e the said o#cers and crew parties to the suit in his claim before the courts for the just remuneration of salvage salvage service, but permit permit him to continue the suit without without prejudice to the rights the former may have to a part of the said remuneration, which is allotted proportionately in the discretion of the court% for the said o#cers and members of the crew may no longer be in the service of the shipowner and may have removed to other countries, wherefore it would be di#cult to unite them or at least to rely upon the acquiescence of the absent parties, and it would not be equitable that, because of these circumstances, the shipowner should be deprived of the exercise of his right when he whose obligation it is to pay the remuneration refuses to do so extrajudicially or does not heed the e'or e' orts ts of the the cred credit itor or,, notw notwit ithst hstan andi ding ng the the just justic ice e of the the clai claim. m. (The (The )lac$wall, 1* +all. (. !., 1, 1", 1&% The Camanche, - +all., +all., -, /, /0. acts: n ,or about the 0th of 2ecember, 13*-, while a storm was raging, the steamer 4uestra !e5ora del 6ilar was proceeding toward the port of 7egaspi, and twenty hours hours and thirty thirty minute minutes s after after departur departure e of the vessel vessels s a steams steamship hip displa displayin ying g signal 8ags was sighted in the direction of 9alabrigo, on which account the former ship steered toward the latter and it was seen that it was the steamer !an :uan, and the signals were ;9.< ; 9.<.; = I am disabled, can not navigate. +ill you tow me> ;?.7.2.; = !ecure anchorage. That thereupon the streamer 4uestra !e5ora del 6ilar, with great ris$ to the vessel, salved the !an :uan and too$ her to a safe port, and that had it not been for the timely, prompt, and e#cacious help rendered by the 4uestra !e5ora del 6ilar, the !an :uan and her cargo would have been totally lost% that the steamer salved had at the date of the salvage an actual and cash value of 61**,***, wherefore the just and adequate remuneration for the salvage services rendered by plainti'@s steamer amounted amounted to the sum of 6*,***, 6*,***, the payment of which having been demanded of the defendant since the 1Ath of :anuary, 13*3 the said defendant, without objecting to the amount of the claim for the said services, does not pay the same and has
been delaying payment under 8imsy pretexts, and therefore the plainti' prays the court to render judgment in its favor for the sum of 6*,***, with legal interest thereon from the 1Ath of :anuary, 13*3, and the costs. The defendant, being summoned to appear, Bled a demurer to the original complaint, alleging that the facts therein set forth did not constitute a cause of action against the defendant and that there was a defect of plainti' parties since the o#cers and crew of the steamer 4uestra !e5ora del 6ilar were not made party plainti's. n the &*th of :une following, the plainti' presented a motion praying that the aforesaid demurrer be overruled and summons issued to the defendant% the court, by order of :uly &, 13*3, sustained the demurrer and declared that the plainti' was entitled to amend the complaint by including therein the o#cers and crew of its ship as defendant parties, if they did not wish to be made plainti's of the case. gainst this decision the attorneys for the plainti' too$ exception and by a writing of the -th of the following :uly stated to the court that, in conformity with article 1*1 of the Code of Civil 6rocedure, they chose not to amend their client@s complaint by mas$ing the captain and o#cers of the said steamer parties thereto. In view thereof, the court, by order of the same date, :uly -, dismissed the complaint for the reasons it set forth, with the costs against the plainti'. To this decision the latter excepted and announced their intention to Ble a bill of exceptions in the ordinary manner% this when Bled was certiBed, approved, and forwarded to the cler$ of this court. !ssue: +D4 the company owning the 4uestra !e5ora del 6ilar is compelled, in order to claim the said compensation, to ma$e the o#cers and crew of the salving ship, 4uestra !e5ora del 6ilar, parties plainti' or defendant> "el#: 4o. The crew and the o#cers of the salvaging ship is not required to become parties to the case in order for the case to prosper. The action and cooperation of the o#cers and crew of the salving vessel was meritorious and worthy of all praise, yet the use and the service of the vessel, as an indespensable instrument for the salvage was of the utmost importance, ta$ing into consideration the danger to which the ship and the crew were exposed% therefore the latter and the owner of the salvaging vessel are unquestionably entitled to the remuneration which they have earned. It sometimes happens that not all the o#cers and members of the crew remain in the service of the shipowner, but that, after rendering salvage services, they depart for other distant countries, and it is di#cult to reunite them or to rely upon the acquiescence of the absent ones% it is not right that the shipowner should be prevented by this circumstance from availing himself of his right to claim so just a remuneration before the courts, when he whose obligation it is to pay it refuses to do so extrajudicially or does not heed the e'orts of the creditor to obtain compensation, notwithstanding the justice of his claim.
Eranting that the o#cers and members of the crew were entitled to a certain part of the remuneration, if the owner of the salving vessel ma$es claim for proper compensation in the courts, the theory and jurisprudence of the courts of the nited !tates in 4orth merica do not compel him to ma$e the said o#cers and crew parties to the suit, nor do they prescribe the dismissal of the shipowner@s action, but they permit him to continue the suit without prejudice to any rights the former may have to a part of the said remuneration which is allotted proportionately in the discretion of the court.
