ARTICLE 122 OF ACT NO.

3815 VS PD 532
PIRACY Article 122. PIRACY
DEFINITION IN GENERAL any person who, on the high seas or
in Philippine waters, shall attack or
Definition of piracy. It is robbery or seize any vessel or, not being a
forcible depredation on the high seas, member of its complement nor a
without lawful authority and done with passenger, shall seize the whole or
animo furandi and in the spirit and part of the cargo of said vessel, its
intention of universal hostility. (People equipment, or personal belongings of
vs. Lol-lo, et al., 43 Phil. 19) its complement or passengers.
NATURE: HOST HUMANI GENRIS Sec 3: AS AMENDED BY RA 7659
ENEMY OF MANKIND
COMMITTED WHERE on the high seas or in Philippine
waters
COMMITTED BY WHO OUTSIDER: NOT MEMBERS OF ITS
COMPLEMENT OR PASSENGERS
OF THE VESSEL
MODES OF COMMITTING 1.By attacking or seizing a vessel on
the high seas or in Philippine waters;
2. By seizing in the vessel while on
NOTE: ACCORDING TO JUDGE the high seas or in Philippine waters
CAMPANILLA (2019) the whole or part of its cargo, its
THE CRIMINAL ACT IN BOTH PIRACY equipment or personal belongings of
UNDER THE RPC AND PIRACY its complement or passengers.
UNDER PD 532 IS ATTACKING UPON
OR SEIZING A VESSEL OR TAKING NOTE: VIOLENCE IS NOT
AWAY OR SEIZING THE VESSEL OR MENTIONED
OTHER PROPERTIES WITH INTENT
PD 532
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
LAW OF 1974
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, shall be considered as piracy.
The offenders shall be considered as pirates and
punished as hereinafter provided.
in Philippine waters
INSIDER AND OUTSIDER:
ANY PERSON committed by any person, including
a passenger or member of the complement of said
vessel
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,
NOTE: by means of violence against or intimidation
of persons or force upon things
TO GAIN.

ACCORDING TO THE SUPREME

COURT : EXIXST HARMONIOUSLY AS
SEPARATE LAWS. THEY ARE
SEPARATE LAWS.

ILLUSTRATION:

VESSEL IS IN THE PHILIPPINE

WATER AND THE CREW IS
SLEEPING. PIRATES CAME AND
SEIZED THE VESSEL.

A. THE PIRATES ARE OUTSIDER PIRATES CAN BE HELD LIABLE

(NOT MEMBERS OF ITS UNDER RPC SINCE NO VIOLENCE
COMPLEMENT OR OR INTIMIDATION OR FORCE
PASSENGERS OF THE UPON THINGS IS ABSENT
VESSEL) AND NO VIOLENCE
AND INTIMIDATION OR FORCE
BEING IMPLEMENTED.
B. WHAT IF PIRATES USED
VIOLENCE AND INTIMIDATION PIRATES CAN BE HELD LIABLE IN PD 532
OR FORCE BEING
IMPLEMENTED.

C. THE PIRATES ARE INSIDER

(any person, including a CRIME COMMITTED IS THEFT
passenger or member of the (SUBJECT FOR CONFIRMATION
complement of said vessel) AND LATER BY ATTY CAJES)
NO VIOLENCE AND
INTIMIDATION OR FORCE
BEING IMPLEMENTED.

D. THE PIRATES ARE INSIDER

(any person, including a PIRATES CAN BE HELD LIABLE IN PD 532
passenger or member of the
complement of said vessel)
THROUGH VIOLENCE AND
INTIMIDATION OR FORCE
BEING IMPLEMENTED SEIZED
THE SAID VESSEL.

E. VESSEL IS IN THE HIGH SEAS

 AND PIRATES THE PIRATES PIRATES CAN BE HELD IN RPC
ARE OUTSIDER (NOT ART. 122
MEMBERS OF ITS
COMPLEMENT OR
PASSENGERS OF THE
VESSEL) WITH OR WITHOUT
VIOLENCE AND INTIMIDATION
OR FORCE BEING
IMPLEMENTED CAME AND
SEIZED THE VESSEL.

F. VESSEL IS IN THE HIGH SEAS

AND PIRATES THE PIRATES
ARE INSIDER (any person, CRIME: ROBBERY ON THE HIGH SEAS NOT
including a passenger or member PIRACY ON THE HIGH SEAS.
of the complement of said vessel)
WITH OR WITHOUT VIOLENCE REMEMBER: PIRACY ON THE RPC AS
AND INTIMIDATION OR FORCE AMENDED IS COMMITTED BY A PERSON NOT
BEING IMPLEMENTED CAME A MEMBER OF ITS COMPLEMENT OF THE
AND SEIZED THE VESSEL. VESSEL
NOTE:
COURT WHICH HAS JURISDICTION
OVER PIRACY COMMITTED IN THE
HIGH SEAS
JURISDICTION WITH ANY COURT
WHERE OFFENDERS ARE FOUND
ARRESTED.
JURISDICTION OF PIRACY, UNLIKE
ALL OTHER CRIMES HAVE NO
TERRITORIAL LIMIT.
DEFINITIONS
Meaning of "high seas." It does not
mean that the crime be committed
beyond the three-mile limit of any
state. It means any waters on the sea
coast which are without the
boundaries of low-water mark,
although such waters may be in the
jurisdictional limits of a foreign
government. (48 C.J. 1207; footnote
13-a) As the Supreme Court said in
the case of People vs. Lol-lo, et al.,
43 Phil. 19, "nor does it matter that
the crime was committed within the
jurisdictional 3-mile limit of a foreign
state." The Convention on the Law of
the Sea defines "high seas" as parts
of the seas that are not included in
the exclusive economic zone, in the
territorial seas, or in the internal
waters of a state, or in the
a. Philippine Waters. It 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.
b. 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.
c. Philippine Highway. It shall refer to any road,
street, passage, highway and bridges or other
parts thereof, or railway or railroad within the
 archipelagic waters of an archipelagic
state.
Piracy. It is robbery or forcible
depredation on the high seas, without
lawful authority and done with animo
furandi and in the spirit and intention
of universal hostility. (People vs. Lol-
lo, et al., 43 Phil. 19)
PENALTY The penalty of reclusion perpetua
Philippines used by persons, or vehicles, or
locomotives or trains for the movement or
circulation of persons or transportation of goods,
articles, or property or both.
d. Piracy. 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, shall be considered as piracy.
The offenders shall be considered as pirates and
punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other unlawful
purposes, or the taking away of the property of
another by means of violence against or
intimidation of person or force upon things of other
unlawful means, committed by any person on any
Philippine Highway.
Section 3. Penalties. Any person who commits
piracy or highway robbery/brigandage as herein
defined, shall, upon conviction by competents court
be punished by:
a. Piracy. The penalty of reclusion temporal
in its medium and maximum periods shall be
imposed. 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.

b. Highway Robbery/Brigandage. The

penalty of reclusion temporal in its minimum
period shall be imposed. If physical injuries
or other crimes are committed during or on
the occasion of the commission of robbery
or brigandage, the penalty of reclusion
temporal in its medium and maximum
periods shall be imposed. If kidnapping for
ransom or extortion, or murder or homicide,
or rape is committed as a result or on the
occasion thereof, the penalty of death shall
be imposed.
NOTE:

Section 4. Aiding pirates or highway

robbers/brigands or abetting piracy or
highway robbery/brigandage. Any
person who knowingly and in any
manner aids or protects pirates or
highway robbers/brigands, 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 brigands or in any manner
derives any benefit therefrom; or any
person who directly or indirectly abets
the commission of piracy or highway
robbery or brigandage, shall be
considered as an accomplice of the
principal offenders and be punished in
accordance with the Rules prescribed
by the Revised Penal Code.
MUTINY
Mutiny is punished in Art. 122. The last
paragraph of this article provides that
the same penalty provided for piracy
shall be inflicted in the case of mutiny on
the high seas or in Philippine waters.
Mutiny is usually committed by the other
members of the complement and may
be committed by the passengers of the
vessel.
CONCEPT
MUTINY
Definition of mutiny. It is the unlawful
resistance to a superior officer, or the
raising of commotions and
disturbances on board a ship against
the authority of its commander.
(Bouvier's Law Dictionary, Vol. 2, p.
2283)
MUTINY IS SIMILAR TO COERCION
WHERE INTENT TO GAIN IS NOT
ELEMENT.
THE MUTINEER MUST BE A
PASSENGER OR A MEMBER OF
THE COMPLEMENT OF THE
VESSEL
PIRACY
Piracy distinguished from mutiny. In piracy, the
persons who attack a vessel or seize its cargo are
strangers to said vessels; while in mutiny, they are
members of the crew or passengers. While the
intent to gain is essential in the crime of piracy, in
mutiny, the offenders may only intend to ignore the
ship's officers or they may be prompted by a desire
to commit plunder.
PIRACY IS SIMILAR TO ROBBERY WHERE
INTENT TO GAIN IS AN ELEMENT
IN RPC IS AN INSIDER
AND PD 532 THE PIRAT MUST BE AN INSIDER
OR OUTSIDER
QUALIFIED PIRACY QUALIFIED PIRACY PD 532
Art. 123. Qualified piracy.22 — The
penalty of reclusion perpetua to death2
3 shall be imposed upon those who
commit any of the crimes referred to in
the preceding article, under any of the
following circumstances: 1. Whenever
they have seized a vessel by boarding
or firing upon the same; 2. Whenever
the pirates have abandoned their victims
without means of saving themselves; or
3. Whenever the crime is accompanied
by murder, homicide, physical injuries,
or rape. (As amended by RA.. No. 7659)
1. Whenever they have seized a vessel PD 532 APPLIES.
by boarding or firing upon the same;
IF THE OFFENDER CAN BE AN INSIDER
SIMPLE PIRACY IS COMMITTED UNDER PD
532 AND NOT QUALIFIED PIRACY.
2. Whenever the pirates have SAMPLE: TOOLS/EQUIPMENT OR
abandoned their victims without means COMMUNICATION DEVICES
of saving themselves

or 3. Whenever the crime is WHEN ANY OF THESE CRIMES

accompanied by murder, homicide, ACCOMPANY PIRACY, THERE IS
physical injuries, or rape. (As amended NO COMPLEX CRIME INSTEAD
by RA.. No. 7659) THERE IS ONLY ONE CRIME
COMMITTED AND THAT IS
 QUALIFIED PIRACY

MURDER, RAPE, HOMICIDE, take note however that piracy under presidential
PHYSICAL INJURIES ARE MERE decree
CIRCUMSTANCES OF QUALIFYING Nr 532 does not limit the accompanying crimes to
PIRACY AND CANNOT BE PUNISHED murder homicide physical injuries or rape. it also
AS SEPARATE CRIMES NOR CAN includes any other crimes that was committed as a
THEY BE COMPLEX WITH PIRACY. result or on the occasion of piracy

REMEMBER that the

accompanying crimes are very specific.
it is only limited to murder homicide.
physical injuries or rape and no other
crimes this is true with respect to piracy
under the revised spinal code

what if THEY KILLED TWO OR MORE the supreme court in the case of people versus ceo
PERSONS WHAT crime THEY states that the number of persons killed on the
COMMITTED? occasion of piracy is not material presidential
decree number 532 considers qualified piracy that
is rape murder or homicide is committed as a result
or ON THE OCCASION of piracy as a special
complex crime punishable by death regardless of
the number of victims.