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    2nd Topic For Online Lecture PDF

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    Marielle Caralipio
    1. Piracy under the Revised Penal Code involves attacking or seizing a vessel on the high seas or in Philippine waters with intent to gain, when the offenders are neither crew nor passengers. 2. Qualified piracy includes circumstances like seizing a vessel by boarding or firing upon it, abandoning victims without means of escape, or accompanying crimes like murder. 3. Piracy under Presidential Decree 532 involves seizing a vessel or its cargo/equipment in Philippine waters by violence, intimidation or force, and can be committed by outsiders or insiders including crew or passengers. 4. The key differences between piracy under the RPC and PD 532 are who can commit the

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    2nd Topic For Online Lecture PDF

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    Marielle Caralipio
    563 views3 pages
    1. Piracy under the Revised Penal Code involves attacking or seizing a vessel on the high seas or in Philippine waters with intent to gain, when the offenders are neither crew nor passengers. 2. Qualified piracy includes circumstances like seizing a vessel by boarding or firing upon it, abandoning victims without means of escape, or accompanying crimes like murder. 3. Piracy under Presidential Decree 532 involves seizing a vessel or its cargo/equipment in Philippine waters by violence, intimidation or force, and can be committed by outsiders or insiders including crew or passengers. 4. The key differences between piracy under the RPC and PD 532 are who can commit the

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    1. Piracy under the Revised Penal Code involves attacking or seizing a vessel on the high seas or in Philippine waters with intent to gain, when the offenders are neither crew nor passengers. 2. Qualified piracy includes circumstances like seizing a vessel by boarding or firing upon it, abandoning victims without means of escape, or accompanying crimes like murder. 3. Piracy under Presidential Decree 532 involves seizing a vessel or its cargo/equipment in Philippine waters by violence, intimidation or force, and can be committed by outsiders or insiders including crew or passengers. 4. The key differences between piracy under the RPC and PD 532 are who can commit the

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    563 views3 pages

    2nd Topic For Online Lecture PDF

    Uploaded by

    Marielle Caralipio
    1. Piracy under the Revised Penal Code involves attacking or seizing a vessel on the high seas or in Philippine waters with intent to gain, when the offenders are neither crew nor passengers. 2. Qualified piracy includes circumstances like seizing a vessel by boarding or firing upon it, abandoning victims without means of escape, or accompanying crimes like murder. 3. Piracy under Presidential Decree 532 involves seizing a vessel or its cargo/equipment in Philippine waters by violence, intimidation or force, and can be committed by outsiders or insiders including crew or passengers. 4. The key differences between piracy under the RPC and PD 532 are who can commit the

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    of 3

    PIRACY, In general (Article 122, Revlsed •Penal Code)

    1. The vessel is on the high seas·or in Philippine waters;


    2. Offenders are neither members of its complement nor passengers of
    the vessel;
    3. Offenders either-
    a. A t,t ack or sei~e the vess~I on the high seas or in the Philippine ,
    -
    · · waters; or
    .. t - •
    · · .
    · · ,

    · b. ·Seize in the vessel while on the high seas or in the Philippine waters
    the whole or part of its cargo, its equipment or personal
    belongings of its complement or passengers;
    4. There is intent to gain

    QUALIFIED PIRACY (Article 123, Revised Penal Code) . ·.


    The following qualifying circumstances must be present:
    a. Whenever the pirates have seized the vessel by boarding or.firing upon
    the same
    b. Whenever the pirates hove aband9Q,e d their victims without means of
    saving themselves;
    . .
    or ,-. .' . . ' .
    c. Whenever the crim is accompanied by mu'rder, homicide, physical
    injuries or
    . rape.
    .
    J \

    PIRACY UNDER PRESIDENTIAL DECREE 532 -


    - Under Section 2 of PD 532, piracy is committ'ed'by -any persons including
    a passenger or member of the complement of said vessel, who attacks
    : upon or seizes:a vessel, or takes1 away of the whole or part of the vessel
    or its cargo, equipment, or the:personal .belongings of its complement or
    passengers by means of violence against or intimidation or force upon
    ., .things in th~ .Phjlippir:ieyvaters. ·. ·. ,
    ! f-- I° ', l l ' • .

    QUALIFIED PIRACY UNDER PRESIDENTIAL DECREE 532


    r • - Un.cjer Section 3 of PD-532, qualifi~d 'p iracy is committed if a·s a result or
    on the occasion ot' piracy, murder, or homicide, physical injuries other or'
    crimes are committed, or when the offenders abandoned the victims
    with'o ut moons of saving themselves, orwhen the ·s~izure·is
    accomplished 'by firing upon or boarding a vessel:

    ACCOMPLICE in the CRIME OF PIRACY under PD 532


    - Any person, who kl)owingly and in any manner aids or protect pirates,
    or who ,directly or indirectly -abets the .commission of piracy ,
    PRESUMPTION OF AN ACCOMPLICE
    - . It shall be presumed that any person who doe~ any qf the acts of an
    .accomplice in pirqcy has performed knowi.ngly, unless the contrary is
    proven. (Section 4, PD 532) , ,

    DIFFERENCE BETWEEN PIRACY ·uNDER THE RPC andlPIRACY UNDER PD 532


    ' • t • - • \. ' '

    PIRACY (RPCl PIRACY (PD 532)


    CRIMINAL ACT
    - The element that the taking be - The seizure or taking must be
    performed by means ·of committed by means'of
    violence aaainst or I• violence aqainst or
    intimidotion cir fqrce upon· I I
    , . intimidation or. force upon
    thinQs was not mentioned. ' thinQs .. • ,1 I

    OFFENDER I )

    - A pirate must neither be a - A pirate is any person


    member of the complement including a passenger or a
    .. of a v_essel nor a passenger1 member. of) he complement of
    thereof. In sum, the pirate must the vessel. ln:sum,,the pirate .
    1 1 J
    be an outsider. ·
    t I I •

    can be an outsider or 1ns1der.


    i If • •

    VESSEL
    - The RPC provides no definition -
    PD 532 refers to any vessel or
    of a vessel for purposes of this ~at~9ratt used for transport
    1
    piracy. Hence, vessel for
    purpose of piracy under the l .of passengers and cargo from
    one place to another through
    RPC is not confined to a Philippine Waters. Thus, a ship
    passenger, cargo or fishing or vessel constituting the
    vessel. dwelling of one 0r more
    I•
    I
    ' '
    persons 'is not a vessel within _
    . I I
    the meaning of PD 532
    - PLACE OF COMMISSION
    - Before, piracy under the - In piracy under PD 532, the
    Revised Penal Code, the vessel vessel where the crime is
    where the crime is committed committed must be in
    must be on high seas. But RA Philippine waters.
    7659 amended Article 122 qf
    '
    the RPC by punishing piracy :
    not only on high seas but also
    in Philippine waters.
    QUALIFYING CIRCUMSTANCES
    - Murder, homicide, rape and - Murder, homicide, rape,
    physical injuries that physical injuries or OTHER
    accompanied piracy shall be CRIMES committed as a result
    considered as components of or on the occasion of piracy
    qualified piracy. qualifies the crime.

    CASES FOR NIIIPIRACY

    1. People v. Loi-lo and Saraw, 43 Phil 19


    2. People v. Rodriguez, 135 SCRA 485
    3. People v. Siyoh 141 SCRA 356
    MUTINY (Article 122, Revised Penal Code)

    - It is committed by a MEMBER of complement of a vessel or a


    PASSENGER thereof, who unlawfully resists a superior officer or raise
    commotion or disturbance on board a vessel against the authority of its
    commander on the high seas or in Philippine waters.

    MUTINY PIRACY
    - The criminal act is resisting the - The criminal act is taking or
    authorities in the vessel seizing property with intent to
    qain
    - The concept of mutiny is similar - The concept of piracy is similar
    to coercion where intent to to robbery where intent to
    Qain is not an element Qain is an element
    - - In mutiny, the mutineer must -
    In piracy under the RPC, the
    be a passenger or a member pirat~ must not be a ,
    of the complement of the passenger or member of the
    vessel complement of the vessel;
    however; in piracy ·u nder PD
    532, the Pirate is any person
    REPUBLIC ACT No. 6235 ( ANTI-HIJACKING LAW)

    HIJACKING A PHILIPPINE AIRCRAFT


    - Committed by any person, who compels a change in the course or
    destination of an aircraft of Philippine registry, or seizes or usurps the
    control thereof, while it is in flight.
    - The concept is similar to that of coercion or mutiny and not robbery.
    Intent to gain is not an el,e ment of hijacking.

    Aircraft is "IN-FLIGHT"- an aircraft is in flight from the moment all it external


    doors are closed following embarkation until any of such doors is opened for
    disembarkation. (Section 1 of RA.6235)
    HIJACKING OF A FOREIGN AIRCRAFT.
    - Committed by a person, who compels an aircraft of foreign registry to
    land in Philippine territory, 'o r seizes or usurps 't he control thereof while it is
    within the said territory. (Section 2, RA 6235)

    • In hijacking involving a Philippine aircraft, flight is an element. In


    hijacking of foreign aircraft flight is not an element. Hijacking involving
    Philippine aircraft is subject to the extraterritoriality principle. Hijacking of
    foreign aircraft flight, territoriality is an element.

    QUALIFIED HIJACKING
    It is committed when the following circumstances are present:
    1. Whenever he has fired upon the pilot, member of the crew or
    passenger of the aircraft ·
    2. Whenever he has' expl0ded or attempted to explode any bomb
    or explosive to destroy the aircraft •
    3. Whenever the crime is accompanied by murder, homicide,
    serious physical iniuries or rape.

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