I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659.
Common Provisions
1.) The qualifying circumstances of commission of rape, murder or homicide are present
2.) Abettors of piracy or brigandage are punished as accomplices
3.) There is a presumption that the prohibited acts were committed knowingly
In this post, let's take up the first part: piracy.
Piracy
An attack or seizure of any vessel or taking away all or part of its cargo, or personal belongings of its passengers or complement, regardless of value. The act in question is committed with violence against or intimidation of persons or force upon things and is committed by any person including a passenger or member of the complement and committed in Philippine waters -even if the vessel is anchored. Piracy on the high seas is covered by Art. 122 of the Revised Penal Code and RA 7659.
An interesting thing to note is that vessels covered by PD 532 are not limited to ships or barges, but also include lowly bancas. The criminal in question can also be a passenger or part of the crew.
An interesting thing to note is that vessels covered by PD 532 are not limited to ships or barges, but also include lowly bancas. The criminal in question can also be a passenger or part of the crew.
The penalty is reclusion temporal medium to maximum; but if other crimes like physical injuries are committed, reclusion perpetua. Reclusion perpetua is also imposed if the victims were abandoned with no hope of saving themselves or if the seizure was accompanied by firing upon or boarding the vessel. This used to be punishable by death until the death penalty was repealed. Read this for further information on how penalties are structured.
Persons who knowingly aid pirates or brigands by giving them information on the movements of law enforcement, protects the offenders, directly in indirectly abets brigandage or piracy, receives or acquires the stolen property or benefits from the stolen goods in any manner (buyers of stolen goods, beware!) will be treated as accomplices and punished in accordance with the rules on treatment of criminals in the Revised Penal Code.
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