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ANTI-PIRACY AND ANTI-HIGHWAY case:

ROBBERY LAW People vs Tayong


PD 532 September 5, 1997

Facts: Eugene and Juan Pilapil were fishing in


Definition: the sea 3 kms. away from the shores of
Tabogon, Cebu. Bimbo bearded the pump
PHILIPPINE WATERS - refer to: boat of the Pilapils and levelled his gun at
1. all bodies of water, such as but not limited Eugene, and ordered Juan to ferry them to
to, Daan Tabogon and seized their fishing boat, to
their damage and prejudice.
a. seas Issue: Whether the accused is liable for grave
coercion and not piracy.
b. gulfs
Held: PIRACY. There is piracy, not grave
c. bays around, between and connecting coercion, where, as part of the act of seizing
each of the Islands of the Philippine their boat, the occupants of the vessel were
Archipelgo, irrespective of its depth, compelled to go elsewhere other than their
breadth, length or dimension, and place of destintion, such compulsion was
obviously part of the act of seizing the boat.
2. all other waters belonging to the The testimony of Eugene shows that the
Philippines by historic or legal title, appellant actually seized the vessel through
including: force and intimidation.
a. territorial sea
b. the sea-bed What circumstances qualify piracy
(QUALIFIED PIRACY)?
c. the insular shelves, and - the law provides a higher penalty
- intent to gain is an essential element.
d. other submarine areas over which the
Philippines has sovereignty or 1. if physical injuries or other crimes are
jurisdiction. committed as a result or on the occasion
thereof
VESSEL - any vessel or watercraft used for 2. if rape, murder or homicide is committed as
transport of passengers and cargo from one result or on the occasion of piracy, or
place to another through Philippine Waters. It
shall include all kinds and types of vessels or 3. when the offenders abandoned the victims
boats used in fishing. without means of saving themselves, or

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.

What is the crime of HIGHWAY ROBBERY/


BRIGANDAGE?
1. the seizure of any person (number of
perpetrators NOT essential) for ransom,
extortion or other unlawful purposes, or
2. 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.

3. The act must be organized for the purpose


of committing robbery indiscriminately. Acts
of robbery should NOT be committed against
predetermined or particular victim.

What circumstances qualify highway


robbery/ brigandage? (Qualified Highway
Robbery/ Qualified Brigandage)
1. if physical injuries or other crimes are
committed during or on the occasion of the
commission of robbery or brigandage
2. if kidnapping for ransom or extortion, or
murder or homicide, or rape is committed
as a result or on the occasion thereof.

Is the act of aiding pirates or highway


robbery/ brigands or abetting piracy or
highway robbery/brigandage punishable?
YES. Any person who knowingly and in any
manner aids or protects pirates or highway
robbery/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.

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