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PHILIPPINE HIGHWAY - refer to any road, 4. when the seizure is accomplished by firing
street, passage, highway and bridges or other upon or boarding a vessel.
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or BAR:
locomotives or trains for the movement or The inter-island vessel M/V Viva Lines while
circulation of persons or transportation of cruising off Batanes, was forced to seek
goods, articles, or property or both. shelter at the harbor of Kaoshiung, Taiwan
because of a strong typhoon. While anchored
PIRACY - Any attack upon or seizure of any in said harbor, Max, Baldo and Bogart arrived
vessel, or the taking away of the whole or part in a speedboat, fired a bazooka at the bow of
thereof or its cargo, equipment, or the the vessel, boarded it and divested the
personal belongings of its complement or passengers of their money and jewelry. A
passengers, irrespective of the value thereof, passenger, Dodong, took advantage of the
by means of violence against or intimidation of confusion to settle an old grudge with another
persons or force upon things, committed by passenger, and killed him. After their
any person, including a passenger or member apprehension, all 4 were charged with
of the complement of said vessel, in Philippine qualified piracy before the Phil. court.
waters, shall be considered piracy.
offenders = pirates Was the charge of qualified piracy against
the 3 persons correct?
Yes! because they seized the vessel by firing
and boarding the vessel, and divested the
passengers of their money and jewel. PRESUMPTION:
Moreover, on the occasion of piracy, the death Any person who does any of the acts provided
of one passenger resulted. in this section has performed KNOWINGLY,
unless the contrary is proven.
Was Dodong correctly charged before the
Philippine Court for qualified piracy?
No. Dodong had no intent to gain which is
essential element of qualified piracy. His intent
is merely to settle an old grudge whi his victim.
Since the crime was not one of the exceptions
in the extra-territoriality principle and it was
committed outside the Philippine Territory,
Philippine courts do NOT have jurisdiction to
try the same.