- Petitioner
- Antonio Iribar
- Respondent
- Millat
- Citation
- G.R. No. 1638
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Mapa, J.
- Decided
- December 2, 1905
Summary
This 1905 Supreme Court maritime salvage case arose from the rescue of the burning steamer Don Juan by Antonio Iribar's San Antonio in 1893. Iribar claimed salvage expenses and one-third salvage rights over contraband Mexican silver cargo. The Court affirmed the salvage rights under Code of Commerce but reversed the expense award, holding salvage expenses should be treated as general average shared proportionately by all saved property including the vessel itself. The Court rejected prescription and payment defenses, and dismissed defendants' counterclaim for missing silver based on res adjudicata and Civil Code principles. The decision establishes important precedents regarding maritime salvage rights, general average principles, and the treatment of salvage expenses in Philippine admiralty law.
Intellegal Wiki · Key Holding
Affirmed the salvors' right to one-third of the rescued silver as salvage under maritime law, but reversed the separate award of salvage expenses, holding that such expenses are general average to be shared proportionately by all the property saved — including the vessel's hull and machinery — and not charged solely to the salvaged cargo.
An editorially maintained summary of the rule this Supreme Court decision is cited for — not legal advice.