SEC. 76. Whenever a vessel from a foreign country shall voluntarily arrive within a customs collection district of the Philippine Archipelago, she shall make entry at the port of entry for such district, and discharge so much of her cargo as is destined therefor. She shall be placed under customs control until duly discharged therefrom by proper authority. Passengers with no dutiable property in their possession may be permitted to land without detention. The collector may permit such portions of her cargo as may be in bulk to be unladen at the expense of parties interested and under the supervision of customs officers at other places within the district, provided the same have been designated for that purpose by the Insular Collector.
SEC. 77. Every vessel from a foreign port or place must, under a penalty of not exceeding five hundred dollars for failure, have on board complete written or typewritten manifests of all her cargo, signed by the master. All of the cargo intended to be landed at a port in the Philippine Archipelago must he described in separate manifests for each port of call therein. Each manifest shall include the port of departure and the port of delivery, with the marks numbers, quantity, and description of the packages and the names of the consignees thereof. Every vessel, from a foreign port or place must have or board complete manifests of passengers, immigrants and their baggage, in the prescribed form, setting forth their destination and all particulars required by the immigration laws; and every such vessel shall have prepared for presentation to the proper customs official, upon arrival in ports of the Philippines, a complete list of all ship's stores then on board, which must be certified thereto by the master thereof. The manifests of cargoes for Philippine ports, if a vessel be from a port of the United States, must be certified by the collector or chief customs officer thereat; if from any other than a United States port, the manifests must be certified by the United States consul or agent at such port, or if there be no consul or agent then by the consul of any nation at peace with the United States, and if there be neither, then by the principal local authority of the port.
Every vessel entering Philippine ports from a foreign port must carry manifests as hereinbefore provided, whether she carries cargo, passengers, or immigrants and their baggage, or not. If any such vessel does not carry cargo, passengers, or immigrants, the manifests must be certified, as provided, with a statement that no cargo is carried from the port of departure to the port of destination in the Philippine Archipelago. Manifests in substantial compliance with these requirements shall be accepted, whether in English or the language of the nation to which the vessel belongs. If in a language other than English, the master must furnish the number of translated copies required by the collector.
SEC. 78. The master, consignee, or agent of a vessel arriving in the Philippine Archipelago from a foreign port shall immediately after its arrival and before the vessel is entered at the custom-house, mail to the Auditor for the Archipelago at Manila a true copy of the cargo manifest of the vessel for the port at which it may then be, and shall on entering the vessel make affidavit that he has mailed such copy and that the same is true and correct to the best of his knowledge and belief; and the master, agent, or consignee of such m foreign vessel shall also mail to said Auditor a true copy of any amended manifest filed on any port entry of the vessel. Every mailed copy of a manifest in another language must be accompanied by an English translation thereof. If the master, consignee, and agent all neglect or refuse to mail to the Auditor such required true copy and translation of the original manifest, or if they neglect or to mail any such corrected or amended manifests as required by this section, the vessel shall be subject to the same fines and penalties fixed by law for failure to deliver the manifest of a foreign vessel to the collector.
SEC. 79. The master of every vessel bound to a port of the Philippine Archipelago, on arrival within four leagues of the coast, or within the limits of any collection district in which the cargo, or any part thereof, is intended to be unladen, must produce all of his manifests for inspection to any officer of the customs who may first come on hoard the vessel, and if required by said officer, deliver to him a copy thereof, subscribed by said master.
The officer, after the requisite examination and comparison of the originals and copies, shall certify on the originals to their production, and on the copies, if the same are required, to the fact of their agreement with the original, and shall forthwith transmit such copy or copies to the collector of the district to which the merchandise may he consigned.
SEC. 80. The manifests shall also be produced for the inspection f of the customs officer who shall first board the vessel after her arrival within any port of the Philippine Archipelago, and the production of the originals and delivery of the copy or copies shall be certified by that officer on the original manifests with the date of such production of the originals and receipt of copy or copies; and he shall transmit the copy or copies of the manifests to the collector. The original manifests must be ready for production on demand, but a reasonable time will be allowed by the boarding officer for the preparation of copies.
SEC. 81. The master, consignee, or agent must on making entry of the vessel deliver to the collector all of the original manifests covering all of the cargo, passengers, immigrants and their baggage on board of his vessel, and when a manifest for the port at which he may then be shall be produced to the collector, not certified by the boarding officer, he shall make oath that no officer has demanded or indorsed a manifest of the vessel. The manifest so produced shall t in no case he changed or altered, except by means of a post entry which shall be made by the master, or, if the vessel has sailed, by the agent thereof, under oath, and attached to the original entry, and by previously granted permission by the collector.
SEC. 82. If the master of a vessel laden with merchandise, and arriving from a foreign port shall not, upon demand of the proper officer of the customs, produce to him the manifests and the required copies thereof, or shall not give a true account of the destination of such vessel, be shall, for every such neglect, refusal, or offense, be liable to a penalty of not more than five hundred dollars, in the discretion of the Collector of Customs.
SEC. 83. If the master of a vessel fails to comply with the foregoing requirements, the officer shall as soon as possible make a report thereof to the collector of the district to which such vessel is considered to be bound.
SEC. 84. A record shall be made and kept open to public inspection in every custom-house of the dates of arrival and. entry of all vessels.
SEC. 85. Within twenty-four hours after the arrival of any vessel from a foreign port or place at any port of the Philippine Archipelago, or as soon thereafter as the hours of business at the customhouse will permit, the master, consignee, or agent of the vessel is required to report the arrival thereof to the collector; and, exclusive of Sundays and holidays, to make entry of the vessel by filing all of the manifests under oath at the custom-house in the prescribed form. Except as otherwise provided in this Act a vessel may depart, at the option of the master, after report and before expiration of forty-eight hours.
If the master, consignee, and agent all neglect or omit to report the arrival or to make entry of the vessel, the vessel shall forfeit and pay for each offense the sum of one thousand dollars, or one dollar per net ton, in the discretion of the collector.
Any person bringing in a derelict vessel may take the master's oath, even if an alien.
SEC. 86. At ports where quarantine is established every vessel, before being permitted to enter, must present to the collector satisfactory evidence either that said vessel had not at any time during a period of thirty days immediately preceding its arrival, touched at or communicated with any foreign port where cholera, bubonic plague, yellow fever, or smallpox was known to exist in an epidemic form; that there had not been at any time during that period any case of contagious disease on board, and that said vessel docs not convey any person or persons, merchandise or animals affected with any infectious or contagious disease; or that the said vessel has been thoroughly cleaned and disinfected by the quarantine officer and is free from infection at the time of entry.
The certificate to that effect to the medical officer of the Marine Hospital Service, acting as quarantine officer for the United States at the port, or the certificate of the local quarantine officer where a medical officer of the Marine-Hospital Service is not present, shall be accepted by the collector as satisfactory evidence of the above.
SEC. 87. The following is the form of oath to be made by the master, consignee, or agent on making entry of the vessel:
"Nationality ..............................
"Crew ......................................
"OATH OF ENTERING FOREIGN VESSEL FROM FOREIGN PORT.
"I, .........................................., do solemnly, sincerely, and truly swear that the report and manifests subscribed in my name, and now delivered by me to the collector at the port of .................................. contain, to the best of my knowledge and belief a just and true account of all the goods, wares, and merchandise, including packages of every kind and nature whatsoever, which were on board the ............................................. at the time of her sailing from the port of; ................................. or which have been laden or taken on board since that time, and that the packages of the said goods are as particularly described as in the bills of lading, signed for by me or with my knowledge; that I am at present, and have been during the voyage ................................ master of the said vessel: that no package whatsoever, or any goods, wares, or merchandise manifested for ................................ or any other port in the Philippine Islands have been unladen, landed, taken out, or in any manner removed from on board the said vessel since her departure from the said port, except upon permits issued by the proper customs officer in the performance of his duty, or such as are now particularly specified and declared in the abstract or account herewith, and that the clearance and other papers now delivered by me to the collector are all that I now have, or have had, that in any way relate to the cargo of the said vessel. And I do further swear that the several articles specified in the store list of said vessel so produced by me are truly such, and were bona fide put on board the said vessel for the use of the officers, crew, and passengers thereof, and have none of them been brought, and are not intended, by way of merchandise, or for sale, or for any other purpose than above mentioned, and are intended to remain on board for the consumption of the said officers, passengers, and crew, and for the proper working of said vessel. And I further swear that if I shall hereafter discover or know of any other or greater quantity of goods, wares, and merchandise, of any kind or nature whatsoever, than are contained in the report or manifests and store list subscribed and now delivered by me, I will immediately and without delay make due report thereof to the collector of the district of ....................................... And I do likewise swear that all matters whatsoever in the said report or manifests and store list expressed, are to the best of my knowledge and belief, just and true.
"I further swear that no officer of the customs has applied for any inspection of the manifests of the cargo on board the said vessel and that no certificate or indorsement has been delivered to me on any manifest of such cargo. And I further swear that before entering or tiling manifest of said vessel at the custom-house I mailed to the Auditor for the Philippine Archipelago, at Manila, a true copy of this manifest.
"I do further, as required by law, solemnly swear that I have, to the best of my knowledge and belief, been ready ever since the arrival of my vessel to deliver or to cause to be delivered into the post-office at or nearest this port every letter and every bag, parcel, or package of letters destined for this port which were on board the said vessel during her last voyage.
I further swear that the said vessel sailed from the said port of ............................. on the ................... day of ................ 190...........
"Master, Consignee, or Agent.
"Port of ..............................................
"Sworn to before me this .................... day of ...................., 190 .........
".........................................
"Deputy Collector."
Insert denomination and name of vessel.
Insert name of place from whence the vessel last sailed.
This clause to be omitted if the vessel has been boarded on arrival by a customer office.
Insert the name of the place from which the vessel last sailed.
SEC. 88. The master of every vessel of the Philippine Islands arriving from a foreign port must state under oath that he has delivered at the proper foreign port all mails placed on board his vessel before her last clearance from the Philippine Islands.
SEC. 89. Surplus sea stores shall not he transferred to another vessel, except to a vessel of the same line in active service in the foreign trade, and then only where such stores are bona fide sea stores and not cargo. In such cases the transfer may be allowed, under the supervision of a customs officer. Surplus stores landed must he entered for immediate consumption, and not for warehouse, and are dutiable as imported merchandise. The surplus sea stores of a vessel of the Philippine Islands shall be dutiable on her changing from the foreign to the coasting trade. The decision of the collector is final in regard to the proper allowance for amount of sea stores.
SEC. 90. Before an entry is made of a vessel of the Philippine Islands or of the United States, the register, clearance, and other papers granted by the officers of the customs to the vessel at her last port of departure must be produced to the collector, and the register shall be retained by him until a clearance is granted.
SEC. 91. Except as hereinbefore provided, the master of every foreign vessel is required, at the time of entry, to produce to the collector the register or other document in lien thereof, together with the clearance and other papers granted by the officers of the customs to his vessel at the port of departure for the Philippine Islands, and, within forty-eight hours after entry, to deposit the same with the consul or vice-consul of the nation to which the vessel belongs, and to deliver to the collector the certificate of that consulate that the papers have been so deposited.
For a failure to comply with this requirement the master of the vessel so offending shall be liable to a penalty of not less than one hundred dollars nor more than two thousand dollars, in the discretion of the collector.
The papers thus lodged with the consul shall not be returned to the master of the vessel until the production by him to the consul of a clearance by the collector of the port where the vessel has been entered; or the consul may sign and deliver the papers to the collector of customs within forty-eight hours in advance of the expected time of clearance, in order that the papers may be delivered to the master of the vessel by the collector of customs upon the granting of the clearance, without further delay.
SEC. 92. Collectors shall not permit any vessel arriving within a collection district of the Philippine Islands to make entry or break bulk until the master, consignee, or agent of the vessel shall have made oath that he has been ever since her arrival, and is ready to deliver to the postmaster of the nearest post-office, all letters on board of such vessel destined for that port, under a penalty not exceeding one hundred dollars. Collectors are authorized to examine and search vessels for letters which may he on board, or carried contrary to law. A receipt shall be taken by the master, consignee, or agent from the postmaster or his representative stating when the letter bags were delivered at the post-office and certifying to the condition of the seals at that time.
SEC. 93. It shall, not be necessary for the master of any vessel of war or vessel employed by any foreign government to report and enter on arrival in the Philippine Islands, unless engaged in the transportation of merchandise in the way of trade.
SEC. 94. If a vessel, arriving from a foreign port within the limits of a collection district shall depart or attempt to depart before entry shall be made, the master shall be liable to a penalty not to exceed four hundred dollars, in the discretion of the collector, and the collector or surveyor, or the commander of any revenue cutter is authorized to arrest and bring hack such vessel to the most convenient port. This penalty shall not be incurred if it shall be made to appear to the satisfaction of the collector that such departure was occasioned by stress of weather, pursuit or duress of enemies, or other necessity.
SEC. 95. Vessels may proceed with any merchandise brought by them into the Philippine Islands which shall appear in the manifest to be destined for any foreign port, but the collector may, in his discretion, require a bond in a sum equal to the amount of the duties upon the said merchandise, if the same shall be liable to duty, conditioned that the merchandise shall not be landed within the Philippine Islands unless the entry thereof shall be first made and the duties thereon paid or secured, which bond shall be taken for the same period and canceled in the same manner as bonds taken on exportation of merchandise from warehouse.
LANDING OF CARGOES.
SEC. 96. If merchandise be brought into the Philippine Islands in a vessel from a foreign port and specified in a manifest at the first port of arrival as destined for other collection districts of the Philippine Archipelago, the importing vessel may proceed with the same from district to district in order to the landing or delivery thereof, the duties on such goods only as are landed or delivered in any district to be paid or secured in such district. The collector may, in his discretion, require a bond in a sum equal to the amount of duties upon such merchandise, conditioned that said merchandise shall be landed and entered at the ports of destination as shown by the manifest and duties thereon paid, or secured to be paid, which bond may be taken for a reasonable time, not exceeding six months, to be fixed by the collector, and canceled in the same manner as a bond taken on exportation of merchandise from warehouse.
Before such vessel shall so depart, if the departure be not within forty-eight hours after arrival, the master, consignee, or agent is required to obtain from the collector a certified copy of the report and manifest, or manifests, on which must be indorsed a statement of the quantity and particulars of the goods landed within his collection district, or of the goods remaining on board upon which duties are to be paid or secured in some other district, and also obtain a permit to proceed to the other collection district to finish unlading.
SEC. 97. Within twenty-four hours after the arrival of the vessel in another collection district, the master, consignee, or agent is required to report to the collector of such district, exhibiting the certified copy of his first report, together with a certificate as aforesaid from the collector of each district within which any of the merchandise brought in such vessel shall have been landed, stating the quantity and particulars thereof.
SEC. 98. A penalty of not more than five hundred dollars, in the discretion of the collector, shall be imposed upon the vessel whose master, consignee, and agent all fail to obtain a copy of his report from the collector at the port of departure, or any certificate which is thus required to be obtained, or to exhibit the same to the collector of any other district to which the vessel may afterwards proceed within twenty-four hours after arrival.
SEC. 99. The master of a vessel bringing ballast of no mercantile value may obtain a permit to discharge the same on making oath as to what the ballast consists of that it is of no appreciable value, and that it was not brought to the port as merchandise. And thereupon the collector may issue a permit to the inspector in charge of said vessel for such unlading if upon examination the facts so appear.
SEC. 100. Except as otherwise expressly provided by this Act, and except in such cases as the Insular Collector may by regulation otherwise prescribe, all unlading or transshipment of the cargo of vessels from foreign ports, which do not discharge at a wharf, must be bonded or Government lighters.
SEC. 101. Whenever a vessel from a foreign port is compelled by o stress of weather or other necessity to put into any other port than that of her destination, the master, or, in his absence or inability to act, the person next in command, within twenty-four hours after arrival, shall make protest in the usual form upon oath before a duly authorized person, setting forth the causes or circumstances of such necessity. This protest, if not made before the collector, must he produced to him and a copy thereof lodged with him.
The master of such vessel shall make report to the collector within forty-eight hours after arrival, and if it appears to the collector by the certificate of the surveyor or acting surveyor, or if there be no such officers, by the certificate of two reputable merchants, to be named by the collector, that it is necessary to unlade the vessel, or the collector shall grant a permit and detail an inspector to supervise the unlading and the merchandise so unladen will be stored under custody of the collector.
At the request of the master of the vessel, or of the owner thereof, the collector shall grant permission to enter and pay the duties on and dispose of such part of the cargo as may be of a perishable nature, or as may be necessary to defray the expenses attending the vessel. And, if the delivery of' the cargo do not agree with the master's report, and the difference be not satisfactorily explained, the master will become subject to the penalties provided in the case of ordinary importations.
The cargo, or the residue thereof, may be reladen on board the vessel, under the inspection of an officer. and the vessel may proceed with the same to her destination, subject only to the charge for storing and safe-keeping of the merchandise and the fees for entrance and clearance.
SEC. 102. In case a vessel is prevented from reaching her port of destination by shallow water or other obstructions, or by reason of marine casually, application must he made, through the collector, to the Insular Collector for permission to discharge the cargo at a convenient port, to be forwarded to its port of destination. On receipt of such permission, the cargo may be so forwarded, accompanied with manifests showing the part of the cargo so conveyed by other means of transport, duly certified by the officer who superintended its transshipment.
SEC. 103. When vessels are wrecked in the waters of the Philippine Islands, application must be made to the Insular Collector by the original owners or consignees of the cargo, or by the underwriters, in case of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination, in other conveyances, without entry at the custom-house in the district in which the merchandise was cast ashore or unladen. On receipt of such permission, the merchandise may be so forwarded, with particular manifests thereof, duly certified by the customs officer in charge of the goods.
SEC. 104. If after the arrival of any vessel bound to the Philippine Islands from a foreign port within the limits of any collection district of the Philippine Archipelago, or within four leagues of the coast thereof, any part of the cargo of such vessel shall be unladen before her arrival at her port of destination, and without authority from the proper officers of the customs, the master of such vessel and the person next in command shall respectively be liable to a penalty of one thousand dollars for each offense and the merchandise so unladen, except in the case of accident, necessity, or stress of weather, shall be seized and forfeited. When such unlading occurs from these unavoidable causes and the master with two or more of the officers and mariners of the vessel shall make oath of the facts before the collector of the district within which the casualty occurred, or before the collector of the first district at which such vessel shall afterwards arrive, if the casualty occurred within four leagues of the coast and without the limits of any collection district, the penalty will not be incurred.
SEC. 105. If the merchandise so unladen be transferred to any other vessel, except in the case of accident, necessity, or stress of weather, to be proved as above required, the master in charge of the receiving vessel, and every other person aiding and assisting, shall each forfeit and pay treble the value of said merchandise, and the vessel shall also he forfeited.
SEC. 106. Merchandise brought in a vessel from a foreign port shall not be unladen or delivered from such vessel but in open day, except by special permission from the collector. Upon the issuing of general order, the collector may grant a special permission to unlade cargo at night, upon condition that the vessel shall be held liable for all losses which may be occasioned by reason of the granting of such permission. When such permits are granted a uniform and reasonable compensation shall be allowed to inspectors for their services, to be paid through the collector by the person accommodated.
SEC. 107. When merchandise remains on board a vessel after the expiration of legal time for discharging the same, the collector may take possession thereof.
The legal time shall be as follows:
Vessels of less than three hundred tons, eight working days after entry vessels of three hundred tons and less than eight hundred tons, twelve working days after entry vessels of eight hundred tons and upward, fifteen working days after entry.
The working days of a vessel shall be computed by excluding the date of entry legal holidays, and stormy days when, in the opinion of the collector, discharge of cargo is impracticable.
All merchandise found on board at the expiration of these periods, not reported for transshipment to some other district or some foreign port or place, may be taken possession of by the collector. But with the consent of the owner or consignee, or of the owner or master of the vessel, such merchandise may be taken possession of after one day's notice to the collector of such consent. One working day must intervene between the giving of the notice and the obtaining of the order to discharge.
SEC. 108. In the case of a regular steamship line possessing a wharf properly inclosed and guarded, discharged merchandise may be permitted by the collector to remain on such wharf not to exceed forty-eight hours from final discharge, upon such company giving a bond of indemnity to the Government of the Philippine Islands in such amount and with such sureties as the Insular Collector may by regulation prescribe.
SEC. 109. When it shall appear by the bill of lading that any portion of a cargo is deliverable immediately after the entry of the vessel, the collector may at once take possession of such merchandise and deposit the same in a general-order warehouse, but if it does not so appear from the bills of lading, on request of the master or consignee of any vessel, and one day's notice, the collector may take like possession of the merchandise on board any vessel arriving in his district. In case the vessel be laden with salt, coal, and similar bulky articles, the collector may grant an extension of time, upon the deposit with him by the master or owner of the vessel of a sum equal to the wages of the inspectors or guards in charge for each day's service in excess of the limitation and if by reason of the delivery of the cargo in other districts, the limitation is exceeded, the compensation of the inspectors or guards, in charge shall he paid for every day's excess; and before clearance shall be granted to such vessel, the inspectors or guards must render an account in duplicate for the amount due for overtime, one copy to be delivered to the consignee or master of the vessel and the other to the collector.
The master of a vessel laden exclusively either with coal, rice, salt, hides, wood, crude or refined peroleum, or other cargo in bull consigned to one consignee, arriving at a port for orders, may be permitted to destine such cargo or determine its disposition "for orders," upon entering the vessel at the custom-house, and, within fifteen days afterwards, and before the unloading of any part of the cargo, to amend the manifest by designating the actual port of discharge of such cargo. In the event of failure to designate the port of discharge within fifteen days, such cargo must be discharged at the port where the vessel entered.
SEC. 110. Vessels arriving at a port of entry in the Philippine Islands laden with coal, lumber, grain, flour, petroleum, salt, railroad iron, and other articles in bulk may proceed to places within their collection district to be specially designated by the Insular Collector, under the superintendence of customs officers, at the expense of the parties interested, for the purpose of unlading.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
