Practice question
A foreign commercial tanker transits a designated Philippine sea lane. Despite a duly publicized traffic separation scheme, it enters the opposing traffic lane at an unsafe speed and strikes a Philippine research vessel. The established statutory breaches caused the damage. Its operator argues that lawful passage excludes any liability under the Sea Lanes Act. Which analysis is correct?
- The right of passage eliminates every duty of navigational safety
- Only the master’s nationality determines whether liability exists
- No liability can arise unless the tanker was fishing
- Section 19 requires navigational compliance, and Section 21(a) makes the responsible commercial operator answerable for resulting loss or damage
- The Philippines must compensate the tanker because it designated the lane
Legal references
- Republic Act No. 12065, November 7, 2024, Section 19 and 21(a): https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/98029
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