Issues:

- Are the provisions of the Penal Code dealing with the crimes of this case still applicable, or in force?
 Article 153-156 of the RPC
- The issue is that, the laws of the RPC were made under the Spanish rule, and not of the present.
- As such, the effect of a transfer of territory from another State to the USA are:
 the political law of former sovereignty = necessarily changed
 municipal law, as long as it is consistent with the constitution and the laws of the USA or the characteristics and
institutions of the government = remains in force
 laws enforced for peace and order in the community, and of which are municipal in character = continued until
repealed or altered by the new government
- May 19, 1889 - principles of public law applied by the instructions of President Mckinley – to general Wesley Merritt,
who at that time was the commanding general of the army of occupation in the PH
- At this time, the Philippines was governed by the powers of the military occupant, in which their powers are deemed
to be absolute & supreme.

- Spanish Penal Code dealing with privacy – were meant to include the PH
- Article 156 of the Penal Code in relation to the Article 1 of the Constitution of the Spanish Monarchy – makes code
applicable not only to Spaniards, but Filipinos as well.
- Opinion of Grotius = piracy by the law of nations is the same thing as the one in civil law, and has never been
disputed.
- The specific provisions of the penal code are similar to statutory provisions elsewhere and to the concepts of the
public law.
- Penal code inspiration: Novelas, Partidas & Novisma Recopolacion.
- US Consti = congress has jurisdiction, or power to define and punish piracies and felonies committed on the high seas
and offenses against the law of nation.
- US Congress on Piracy = whoever commits the crime of piracy defined by the law of nations, and is brought and tried
in the USA shall be imprisoned for life
- It is evident that there are irregularities between the Spanish and the American penal law
- Article 153, Penal Code = penalty ranging from cadena temporal to cadena perpetua, if the crime was committed by a
subject of another nation at war with the USA, the punishment is presidio mayor

Ruling:

- Article 153 & 154, Penal Code = still in force in the PH

- Circumstances with the crime of piracy should be considered, such as 1) the accused’s deliberate attempt to abandon
of persons without apparent means of saving themselves, and the offense against chastity.
- As such, considering the number of aggravating circumstances against the accused are present.
- The decision rendered for the penalty of the accused Lol-lo = DEATH PENALTY (by hanging), while Saraw, on the other
hand will receive life imprisonment since the judgement, did not reach consensus for the death penalty to be
imposed upon him.

A. Prospective (Art 21 & 22, RPC)

- General Rule: criminal code punishes crimes committed on or after its effectivity
- Article 366, RPC: crimes are punished under the laws in force during the commission of the act, or omission

Exceptions:
 - More lenient and favorable to the accused unless the accused is a habitual delinquent.

Art. 21: Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its
commission.

Art. 22: Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of
a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is serving the same.