K. Anti-Piracy and Anti-Highway Robbery Law (PD 532)

Distinguished from Highway Robbery

• Conviction for highway robbery under PD 532 requires proof that the robbery was committed indiscriminately against highway users; an organized group of several accused is not invariably required.
• If homicide alleged on the occasion of a robbery is not proved, liability for robbery may remain if its elements are proved. Liability for homicide alone depends on proof of its own elements.

Instances Qualifying Robbery with Violence against or Intimidation of Persons

Robbery committed:

• in an uninhabited place, or
• by a band, or
• by attacking a moving train, street car, motor vehicle or airship, or
• by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or
• on a street, road, highway or alley and the intimidation is made with the use of firearms, whether licensed or unlicensed.

Section 3. – Piracy and Mutiny on High Seas or In Philippine Waters

Art. 122. Piracy in General and Mutiny on the High Seas or In Philippine Waters

• Piracy: Any person who, on the high seas, shall attack or seize a vessel, or not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of the vessel, its equipment or personal belongings of the complement or passengers
• Mutiny: The unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander

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Piracy

• A Vessel is on the high seas or in Philippine waters;
• Offenders – Not members of its complement nor passengers of the vessel; and
• The offenders –
• Attack or seize the vessel, or
• Seize whole or part of vessel’s cargo,
• Equipment or personal belongings of its complement or passengers

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. Pirates are, in law, hostes humani generis (People v Lol-lo, GR No. 17958)

Animo furandi

Latin term meaning “intention to steal”

Note: Under P.D. 532, piracy may be committed even by a passenger or member of the complement of the vessel.

Punishable Acts (modes of committing Piracy):

• Attacking or seizing a vessel on the high seas or in Philippine waters (P.D. 532); and
• Seizing the whole or part of the vessel’s cargo, its equipment, or the personal belongings of its complement or passengers, while on the high seas or in Philippine waters.

Piracy and Mutiny, Distinguished

Rule on Jurisdiction

• Piracy in high seas – jurisdiction of any court where offenders are found or arrested
• Piracy in internal waters – jurisdiction of Philippine courts

Piracy and Robbery on High Seas

PD 532 Anti-Piracy and Anti-Highway Robbery Law of 1974

Vessel (under PD 532) – any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters, including all kinds and types of vessels or boats used in fishing

Punishable Acts (under PD 532)

• Piracy
• Highway robbery/ brigandage
• Aiding pirates or highway robbers/ brigands or abetting piracy or highway robbery/brigandage

Piracy under RPC and under PD No. 532, Distinguished

Sections 2-4 Overview

Section 2: Definition of Terms This section defines the key terms used in the law, focusing on two primary crimes:

• Piracy: Piracy under this law refers to any attack upon or seizure of any vessel, or the taking away of its cargo, equipment, or personal belongings of the crew and passengers. It is committed on Philippine waters, including territorial and inland waters. Philippine registration alone does not make an attack outside Philippine waters piracy under P.D. No. 532.
• Highway Robbery/Brigandage: This term refers to the illegal waylaying, robbing, and/or extortion by bandits or brigands along highways. Highways are defined broadly to include any road, street, or passage, including those within cities and municipalities, where public or private vehicles, goods, or persons may travel.

Section 3: Penalties This section outlines the penalties for committing piracy and highway robbery:

• Piracy: The penalty for piracy is reclusion perpetua (life imprisonment) to death. The severity is intended to reflect the gravity of the crime, considering the potential harm to persons and property at sea.
• Highway Robbery/Brigandage: Individuals convicted of highway robbery face severe penalties ranging from reclusion temporal (12 years and one day to 20 years) to reclusion perpetua, depending on the circumstances, such as the presence of violence, intimidation, or the involvement of a band of brigands.

Section 4: Who Are Liable This section identifies those who may be held liable under this law:

• Principals: Those who directly participate in the commission of piracy or highway robbery, including those who force or induce others to commit the crime, or cooperate in the commission of the offense by another act without which the crime would not have been accomplished.
• Accomplices: Individuals who, while not directly participating, contribute to the commission of piracy or highway robbery by previous or simultaneous acts.
• Accessories: Those who assist the principals or accomplices in avoiding arrest, prosecution, or the execution of their penalties after the commission of the crime.

Summary

The Anti-Piracy and Anti-Highway Robbery Law (P.D. No. 532) is a comprehensive statute aimed at curbing piracy in Philippine waters and highway robbery within its land jurisdiction. Sections 2-4 focus on defining the critical terms (piracy and highway robbery), establishing severe penalties for these crimes, and identifying the different categories of individuals (principals, accomplices, and accessories) who may be held liable. This law plays a crucial role in protecting the safety and security of persons and property both on land and at sea within the Philippines.

Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity (R.A. No. 9851)