People v Lol-lo

GR No 17958, Feb 27, 1922

FACTS: On or about June 30, 1920, 2 boats left for Peta, a Dutch possession. After a few days,
in the evening, the second boat, occupied by 11 men, women, and children, also subjects of
Holland arrived between the islands of Buang and Bukid in the Dutch East Indies. There, the
boat was surrounded by 6 vintas manned by 24 armed Moros. The Moros first asked for food
then, once on the Dutch boat, attacked the men, and brutally violated 2 of the women. All of the
persons on the Dutch boat, with the exception of the 2 women were again placed on it and holes
were made in it hoping that it would submerge. After raping the women, the Moros, including
defendants Lol-lo and Saraw, arrived at Maruro. The defendants later on returned to their home
in South Ubian, Tawi-Tawi, Sulu where they were arrested, charged, and tried in the Court of
First Instance of Sulu with the crime of piracy.

ISSUE: Does the Philippines have jurisdiction over the crime of piracy committed on foreign
waters? Are the provisions of the Penal Code regarding piracy still in force?

RULING: Yes. Pirates are in law hostes humani generis (enemy of mankind). Piracy may be
punished in the competent tribunal of any country where the offender may be found or into
which he may be carried. The jurisdiction of piracy, unlike all crimes, has no territorial limits.

Yes. while the political law of the former sovereign is necessarily changed, the municipal law
insofar as it is consistent with the Constitution, the laws of the United States, or the
characteristics and institutions of the government, remains in force. As a corollary to the many
laws subsisting at the time of the transfer, designed to secure good order and peace in the
community, which are strictly of a municipal character, continue until by direct action of the new
government they are altered or repealed.