Piracy

Outline

I. Arts. 122-123 of RPC Book Two, Chapter 1, Sec. 3

II. Presidential Decree No. 532
III. Case Worthy
 Art. 122

Piracy in General and Mutiny on the

High Seas or in Philippine waters

The penalty of reclusion perpetua shall be inflicted upon any person who, on the high
seas, or in Philippine waters, shall attack or seize a vessel or, not being a member of its
complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine
waters. (as amended by Sec. 3, Republic Act No. 7659)
 Art. 123
Qualified Piracy

The penalty of reclusion perpetua to death shall be

imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the
following circumstances:

1. Whenever they have seized a vessel by boarding or

firing upon the same;
2. Whenever the pirates have abandoned their victims
without means of saving themselves; or
3. Whenever the crime is accompanied by murder,
Note:
homicide, physical injuries or rape. (as amended by
Imposition of death penalty is prohibited by R.A. 9346
Sec. 3, Republic Act No. 7659.) Piracy is a predicate crime of terrorism (R.A. No. 9372)
Source: Pirates of the Caribbean: Dead Man's Chest, 2006
Source: Captain Philips, 2013
 PRESIDENTIAL DECREE NO. 532
Anti-Piracy and Anti-Highway Robbery Law
AUGUST 8, 1974
 Philippine Waters

It shall refer to all bodies of water, such as but not

limited to, seas, gulfs, bays around, between and
connecting each of the Islands of the Philippine
Archipelago, irrespective of its depth, breadth, length
or dimension, and all other waters belonging to the
Philippines by historic or legal title, including territorial
sea, the sea-bed, the insular shelves, and other
submarine areas over which the Philippines has
sovereignty or jurisdiction.
 Vessel
Any vessel or watercraft used for transport of
passengers and cargo from one place to another
through Philippine Waters. It shall include all kinds
and types of vessels or boats used in fishing.

Philippine Highway
It shall refer to any road, street, passage, highway
and bridges or other parts thereof, or railway or
railroad within the Philippines used by persons, or
vehicles, or locomotives or trains for the movement
or circulation of persons or transportation of goods,
articles, or property or both.
 piracy

Any attack upon or seizure of any vessel, or the taking

away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its
complement or passengers, irrespective of the value
thereof, by means of violence against or intimidation
of persons or force upon things, committed by any
person, including a passenger or member of the
complement of said vessel, in Philippine waters, shall
be considered as piracy. The offenders shall be
considered as pirates and punished as hereinafter
provided.
 Highway Robbery /
Brigandage

The seizure of any person for ransom, extortion or

other unlawful purposes, or the taking away of the
property of another by means of violence against or
intimidation of person or force upon things of other
unlawful means, committed by any person on any
Philippine Highway.
P Piracy
E The penalty of reclusion temporal in its
N medium and maximum periods shall be
imposed.
A If physical injuries or other crimes are
committed as a result or on the occasion
L thereof, the penalty of reclusion perpetua
shall be imposed.
T If rape, murder or homicide is committed as a
I result or on the occasion of piracy, or when the
offenders abandoned the victims without
E means of saving themselves, or when the
seizure is accomplished by firing upon or
S boarding a vessel, the mandatory penalty of
death shall be imposed.
P Highway Robbery /
E Brigandage

N The penalty of reclusion temporal in its

minimum period shall be imposed.
A
If physical injuries or other crimes are
L committed during or on the occasion of the
commission of robbery or brigandage, the
T penalty of reclusion temporal in its medium
and maximum periods shall be imposed.
I
If kidnapping for ransom or extortion, or
E murder or homicide, or rape is committed as a
result or on the occasion thereof, the penalty
S of death shall be imposed.
 Aiding pirates or highway robbers /
brigands or abetting piracy or highway

robbery / brigandage

Any person who knowingly and in any manner aids or

protects pirates or highway robbers/brigands, such as
giving them information about the movement of police
or other peace officers of the government, or acquires
or receives property taken by such pirates or brigands
or in any manner derives any benefit therefrom; or any
person who directly or indirectly abets the commission
of piracy or highway robbery or brigandage, shall be
considered as an accomplice of the principal
offenders and be punished in accordance with the
Rules prescribed by the Revised Penal Code.
 Case Worthy

People of the Philippines vs Dela Pena

G.R. No. 219581 | Jan. 31, 2018

People of the Philippines vs Tulin

G.R. No. 111709 | Aug 30 2001

People of the Philippines vs Lol-lo and Saraw

G.R. No. L-17958 | Feb. 27, 1922

People of the Philippines vs Siyoh

G.R. No. L-57292 | Feb. 18, 1986
 Pp vs Dela Pena
G.R. No. 219581 | Jan. 31, 2018
FACTS:
On or about the 24th day of September 2005, along the river bank of Barangay San Roque, Province
of Samar, the accused, conspiring and mutually helping one another, with deliberate intent to gain, by
means of force and intimidation, feloniously took and carried away valuable items (13 sacks of dried
coconuts valued at P7,537.00; 2 pieces automatic watch valued at P6,796.00; 1 piece (Saudi gold)
valued at P4,731.00; 1 Nokia cellphone 3350 valued at P3,615.00; 1 unit Briggs and Stratton 16 horse
power with propeller valued at P26,000.00; cash money worth P1,000.00, all amounting to P49,679.00
to the damage and prejudice of the owner.

Appellant was charged, with the crime of piracy defined under PD No. 532.

Appellant interposed an alibi and claimed that the Information did not state that the vessel in question
was in Philippine waters.
 Pp vs Dela Pena
G.R. No. 219581 | Jan. 31, 2018

ISSUE: Whether or not appellant is guilty of piracy.

RULING: Yes, the elements of piracy under PD 532 are all present.

Elements of Piracy:
Attacking or seizing the vessel Seizing the cargo
1. The vessel is on the high seas or Philippine waters
2. Offender may be a complement or 2. Offenders are neither members of its
passenger of the vessel complement nor passengers of the vessel
3. The offenders attack or seize the vessel 3. Offenders are neither members of its
complement nor passengers of the vessel
4. There is intent to gain
 Pp vs Dela Pena
G.R. No. 219581 | Jan. 31, 2018

RULING:

It is clear that a river is considered part of Philippine waters. The Information also clearly
alleged that the vessel's cargo, equipment, and personal belongings of the passengers
were taken by the appellant and his armed companions. The appellant was able to seize
these items when he, along with armed companions, boarded the victims' pump boat and
seized control of the same.
 Pp vs tulin
G.R. No. L-57292 | Feb. 18, 1986

FACTS:

M/T Tabangao, a cargo vessel loaded fuel was sailing off the coast of Mindoro near Silonay
Island when it was suddenly boarded, by seven fully armed pirates. The pirates were armed with
M-16 rifles, .45 and .38 caliber handguns, and bolos. They detained the crew and took complete
control of the vessel. M/T Tabangao then sailed to and anchored about 10 to 18 nautical miles
from Singapore’s shoreline where another vessel called “Navi Pride” received the cargo under
the supervision of accused-appellant Cheong San Hiong.

Accused-appellants were arrested and charged with qualified piracy for violating Presidential
Decree No. 532 (Piracy in Philippine Waters) and were convicted as principals of the crime
charged, except for accused-appellant Hiong who was convicted as an accomplice.
 Pp vs tulin
G.R. No. L-57292 | Feb. 18, 1986

ISSUE: Whether the accused-appellant Hiong was guilty of piracy?

RULING: Yes.

Article 122 of the Revised Penal Code, before its amendment, provided that piracy must be
committed on the high seas by any person not a member of its complement nor a passenger
thereof. Upon its amendment by Republic Act No. 7659, the coverage of the pertinent provision
was widened to include offenses committed “in Philippine waters.” On the other hand, under
Presidential Decree No. 532 (issued in 1974), the coverage of the law on piracy embraces any
person including “a passenger or member of the complement of said vessel in Philippine
waters.” Hence, passenger or not, a member of the complement or not, any person is covered
by the law.
 Pp vs Lol-lo and Saraw
G.R. No. L-17958 | Feb. 27, 1922

FACTS:

On June 30, 1920, six vintas intercepted two Dutch boats which were on its way in the midst of the islands
of Buang and Bukid in the Dutch East Indies. The six vintas were manned by 24 armed Moros. The said
Dutch boats were carrying men, women and children. At first, the Moros asked for food. But when they got
on the Dutch boats, they asked for themselves all the vessel’s cargo, attacked nearly all of the men and
brutally violated two of the women by methods too tremendous to be described. All of the persons on the
Dutch boat, except the two young women, were again placed on it and holes were made in it, the idea that it
would submerge. The Moros finally arrived at Maruro, a Dutch possession. Two of the Moro marauders
were Lol-lo, who also raped one of the women, and Saraw. At Maruro, the two women were able to escape.

Lol-lo and Saraw later returned to their home in South Ubian, Tawi-Tawi, Sulu. They were arrested there
and were charged in the Court of First Instance of Sulu with the crime of piracy.
 Pp vs Lol-lo and Saraw
G.R. No. L-17958 | Feb. 27, 1922

ISSUE: Whether Philippine courts have jurisdiction over the crime of piracy alleged in this
case.

RULING: Yes.

Yes, the Philippine courts have jurisdiction on the case. Piracy is a villainy not against any
particular state but against all mankind. It should be tried and punished in the sufficient
tribunal of any country where the offender may be found or into which he may be carried.
The jurisdiction of piracy, unlike all other crimes, has no territorial limits.
 Pp vs Siyoh
G.R. No. L-57292 | Feb. 18, 1986

FACTS:

Julaide Siyoh with his companion all were armed; boarded the pump-boat in which Rodolfo de Castro,
Danilo Hiolen, Anastacio de Guzman and Antonio de Guzman were riding. They take, steal and carry
away all their cash money and other valuable properties of the victim. The accused ordered the
victims to jump into the water, and then fired their guns at them which cause the death of Rodolfo,
Danilo and Anastacio and wounding Antonio.
 Pp vs Siyoh
G.R. No. L-57292 | Feb. 18, 1986

ISSUE:

Whether the court erred in finding that the guilt of accused were proved beyond reasonable
doubt.

RULING:

Decision was affirmed but with the following modifications: (a) for lack of necessary votes the
penalty imposed shall be reclusion perpetua; and (b) each of the appellants shall pay in solidum
to the heirs of each of the deceased indemnity in the amount of P30,000.00. No special
pronouncement as to costs.
Thank you

for listening!

Prepared by:
Mary Julienne Joy B. Bongcac, JD 1-A