Piracy
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(For piracy under the Intellectual Property Code, see Piracy (Intellectual Property Law).)
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Piracy in general and mutiny on the high seas or in Philippine waters
Piracy is robbery or forcible depredation on the high seas, without lawful authority and done animo furandi, and in the spirit and intention of universal hostility.[1] In general, a crime committed by 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.[2]
Article 122 of the Revised Penal Code provides that: "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."[3] The same penalty shall be inflicted in case of mutiny on the high seas.[4] Article 122, 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."[5]
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:[6]
- 1. Whenever they have seized a vessel by boarding or firing upon the same;
- 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
Republic Act No. 7659, which amended Articles 122 and 123, neither superseded nor amended the provisions on piracy under Presidential Decree No. 532.[7] There is no conflict between P.D. 532 and Article 122 of the Revised Penal Code. Article 122 provides that piracy must be committed on the high seas by any person not a member of its complement nor a passenger thereof, which coverage was widened under Republic Act No. 7659 to include offenses committed "in Philippine waters." On the other hand, the coverage of the law on piracy under Presidential Decree No. 532 embraces any person including "a passenger or member of the complement of said vessel in Philippine waters," which means that passenger or not, a member of the complement or not, any person is covered by the law.[8]
Piracy under the Presidential Decree No. 532
Piracy under Presidential Decree No. 532, also known as the Anti-Piracy and Anti-Highway Robbery Law of 1974, is defined as "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."[9]
Definition of "Philippine Waters"
"Philippine Waters" 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."[10]
Definition of "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.[11]
Penalty
- The penalty of reclusion temporal in its medium and maximum periods shall be imposed for piracy.
- If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed.
- If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.[12] See also Death penalty.
Aiding pirates or abetting piracy
Any person who knowingly and in any manner aids or protects pirates, 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 in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy, shall be considered as an accomplice of the principal offenders and be punished in accordance with the rules prescribed by the Revised Penal Code.[13] It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven.[14]
References
- ↑ People vs. Lol-lo, G.R. No. L-17958, 27 February 1922
- ↑ Revised Penal Code, Art. 122, as amended by Republic Act No. 7659
- ↑ Revised Penal Code, Art. 122, as amended by Republic Act No. 7659
- ↑ Revised Penal Code, Art. 122, as amended by Republic Act No. 7659
- ↑ People vs. Tulin, G.R. No. 111709, 30 August 2001
- ↑ Revised Penal Code, Art. 123, as amended by Republic Act No. 7659
- ↑ People vs. Tulin, G.R. No. 111709, 30 August 2001
- ↑ People vs. Tulin, G.R. No. 111709, 30 August 2001
- ↑ Presidential Decree No. 532, Sec. 2(d)
- ↑ Presidential Decree No. 532, Sec. 2(a)
- ↑ Presidential Decree No. 532, Sec. 2(b)
- ↑ Presidential Decree No. 532, Sec. 3(a)
- ↑ Presidential Decree No. 532, Sec. 4
- ↑ Presidential Decree No. 532, Sec. 4
