People v. Lol-lo & Saraw, 43 Phil. 19
G.R. No. 17958 February 27, 1922.
MALCOLM, J.
FACTS:
• 2 boats of Dutch possession left matuta. In 1 of the boats was 1 individual, a Dutch subject, and in the other boat 11 men, women, and children, subjects of Holland. The 2nd boat arrived between the Islands of Buang and Bukid in the Dutch East Indies. There the boat was surrounded by 6 vintas manned by 24 Moros all armed. The Moros first asked for food, but once on the Dutch boat, too for themselves all of the cargo, attacked some of the men, and brutally violated 2 of the women. All of the persons on the Dutch boat, except the 2 young women, were again placed on it and holes were made in it, the idea that it would submerge. The Moros finally arrived at Maruro, a Dutch possession. 2 of the Moro marauder were Lol-lo, who also raped one of the women, and Saraw. At Maruro the 2 women were able to escape.
• Lol-lo and Saraw later returned to their home in South Ubian, Tawi-Tawi, Sulu, Philippine Islands. There they were arrested and were charged in the Court of First Instance of Sulu with the crime of piracy
• All of the elements of the crime of piracy are present. 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.
• Pirates are in law hostes humani generis.
• Piracy is a crime not against any particular state but against all mankind. It 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 other crimes has no territorial limits.
• As it is against all so may it be punished by all. Nor does it matter that the crime was committed within the jurisdictional 3-mile limit of a foreign state, "for those limits, though neutral to war, are not neutral to crimes."
ISSUE: W/N the provisions of the Penal Code dealing with the crime of piracy are still in force.
HELD: In accordance with provisions of Act No. 2726, the defendant and appellant Lol-lo, who is found guilty of the crime of piracy and is sentenced therefor to be hung until dead.
YES.
Penal code dealing with the crime of piracy, notably articles 153 and 154, to be still in force in the Philippines.
The crime of piracy was accompanied by (1) an offense against chastity and (2) the abandonment of persons without apparent means of saving themselves. It is, therefore, only necessary for us to determine as to whether the penalty of cadena perpetua or death should be imposed.
At least 3 aggravating circumstances, that the wrong done in the commission of the crime was deliberately augmented by causing other wrongs not necessary for its commission, that advantage was taken of superior strength, and that means were employed which added ignominy to the natural effects of the act, must also be taken into consideration in fixing the penalty.
