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!
Pirata est hostis humani generis is an old saying that strikes a chord in the minds of many a seaman who has plied the waves for a living since time immemorial. "A pirate is an enemy of the human race." In the light of the escalation of pirate activities in the Indian Ocean as well as other pirate activities in the South China Sea, it will do well to read this article.
Piracy is a crime under international law. Accordingly, a pirate can be tried anywhere, preferably by the country whose forces have apprehended him. Accordingly, Art. 122 to 123 of the Revised Penal Code have been prepared for this purpose.
We've already taken up piracy in Philippine waters. Now, we go to piracy on the high seas or in Philippine waters (that's what Art. 122-123, Revised Penal Code is all about.) Piracy is robbery or forceful depradation on the high seas without lawful authority, done in animo furandi (intent to rob) and in the spirit and intention of universal hostility (People vs. Lol-lo, 43 Phil 19.) The penalty for piracy is reclusion perpetua. Piracy is an international crime as well as part of robbery and theft.
Elements:
1.) There is a vessel on the high seas or Philippine waters
2.) The offenders aren't members of its crew or passengers (if the crime was committed by any of the passengers or crew, it's not piracy anymore but robbery on the high seas)
3.) That the offenders do either of the following:
a.) Attack/seize the vessel
b.) Seize part or all of its cargo, equipment or personal belongings of its crew or passengers
Qualified piracy is committed when any of the following circumstances are present:
1.) If the pirates seized a vessel by boarding it or firing upon it
2.) If they abandoned their victims with no means of saving themselves
3.) If murder, homicide, physical injuries or rape were committed
Qualified piracy used to be punishable by reclusion perpetua to death. But now that the death penalty has been abolished, it's just reclusion perpetua now.
High Seas
The high seas are waters outside the boundaries of the low-water mark. They may or may not form part of a country's territorial waters. The UNCLOS refers to the high seas as those waters that aren't part of a country's exclusive economic zone.
Mutiny
A mutiny is an unlawful resistance to a superior or raising commotions and disturbances aboard a ship against its commander's authority. Intent to gain isn't an element for mutiny and it can be committed by any member of the passengers or crew.
Arts. 122 to 123 of the Revised Penal Code cover piracy and mutiny on both the high seas as well as in Philippine waters. It may seem to contradict PD 532 on first glance. In reality, there is no conflict. If the pirate is an outsider, the Revised Penal Code governs but if the ship is in Philippine waters and the offender is part of the crew or a passenger, PD 532 is controlling. PD 532 also punishes those who support piracy in Philippine waters.
High Seas
The high seas are waters outside the boundaries of the low-water mark. They may or may not form part of a country's territorial waters. The UNCLOS refers to the high seas as those waters that aren't part of a country's exclusive economic zone.
Mutiny
A mutiny is an unlawful resistance to a superior or raising commotions and disturbances aboard a ship against its commander's authority. Intent to gain isn't an element for mutiny and it can be committed by any member of the passengers or crew.
Arts. 122 to 123 of the Revised Penal Code cover piracy and mutiny on both the high seas as well as in Philippine waters. It may seem to contradict PD 532 on first glance. In reality, there is no conflict. If the pirate is an outsider, the Revised Penal Code governs but if the ship is in Philippine waters and the offender is part of the crew or a passenger, PD 532 is controlling. PD 532 also punishes those who support piracy in Philippine waters.
3 comments:
If the RPC covers BOTH piracy and mutiny, then that means that if the offender is part of the crew, it could also be punished by the RPC. I find this part of the law confusing. Please elaborate, if you will. Thank you.
Yes you're right, both can be punished by the RPC but Piracy cannot be committed by a passenger or a member of the complement of the vessel.
kapag passenger sa Bp 532 ang magpaparusa. Kapag naman hindi passenger sa Rpc . Yun po pagkakaunawa ko.
Post a Comment