People vs.

Lol-Lo & Saraw

Facts:

- June 30, 1920 – 2 boats left Matuta (Dutch possession) for Peta (another durch possession), on board on the 1st boat
is one Dutch individual, while the 2nd boat had 11 men, women and children, who were subjects of Holland.
- 7:00 pm, 2nd board arrived in Buang & Bukid @ Dutch Indies – wherein they were surrounded by 6 vintas manned by
24 – fully armed Moros. The Moro, at this point only asked for food, but after boarding ship, they allegedly attacked
some of the men, brutally violated 2 of the women, and took all of the cargo with them.
- After the Moros placed the passengers of the back in their boat, It was done under the intent of killing these people,
as the Moros placed holes on the boat, thinking it would submerge, but as a matter of fact – the passengers survived
11 days.
- The Moros on the other hand, took two of the women with them, and arrived in Maruro. At this point, two of the
Moros were identified as Lol-lo & Saraw, both of which are accused of raping the women, who were able to escape
after being captured by the individuals mentioned.
- Lol-Lo & Saraw later returned to their home on South Ubian, Tawi-Tawi, in Sulu, wherein they were arrested and were
charged in the the Court of First Instance Sulu with – crime of piracy.
- A demurrer was interposed by consel de officio in favor of the Moros, stating that the Court of First Instance has no
jurisdiction over the case, nor any other Philippine Courts, as well as on the grounds that the facts stated were did not
constitute a public offense.

 Crime of Piracy: robbery forcible depredation on the high seas without lawful authority and done animo furandi, in
the spirit and intention of UNIVERSAL HOSTILITY.

- Subsequently, the trial judge overruled the demurrer, and a trial against the accused Lol-lo and Saraw was conducted,
wherein the outcome, or a judgement was rendered, finding both of the defendants guilty, sentencing them both to
life imprisonment(cadena perpetua), and to return to, together with 2 other people in a different case, to the
offended parties, 39 sacks of coprax robbed, or to indemnify them in the amount of 942 rupees, and to pay a one-half
part of the costs.

Case brought to the SC:

- The attorney de officio filed a learned and exhaustive brief to the SC stating that – the proven facts are not disputed,
all of the elements of the crime of piracy are present. Piracy is deemed to be robbery or forcible depredation on the
high seas, without lawful authority, and done animo furandi, and in the spirit and intention of universal hostility, and
therefore, cannot be contended with any degree of force, which puts the Court of First Instance acting outside of
their jurisdiction.
- Piracy – hostes humani generis, a crime against ALL MANKIND, which is why it is punishable in a competent tribunal of
any country – where the offender may be found, or arrested. Piriacy, unlike other crimes, have no territorial limits.
- US vs. Furlong, 3-mile limit of foreign state limit, though neutral to war are not neutral to crimes – NOT APPLICABLE
TO PIRACY.