People v.

Lol-lo & Saraw

G.R. No. 17958 | 27February 1922
Malcolm, J. | O. Edolsa
TOPIC: Piracy and Qualified Piracy
FACTS:
On or about June 30, 1920, six vintas intercepted two Dutch boats that was on its way
between the islands of Buang and Bukid in the Dutch East Indies. The six vintas were
manned by 24 armed Moros. The dutch boats were carrying men, women and children.
At first, the Moros asked for food, but once on the Dutch boats, took for themselves all
the vessels cargo, attacked some of the men and brutally violated 2 of the women. All of
the persons on the boat, with the exception of the 2 young women, were again placed on
it and holes were made on it and holes were made on it, with the idea that it would
submerge. Two of the Moro pirates, late identified as Lol-lo and Saraw (who participated
in the rape) later returned to Tawi-tawi, Sulu where they were arrested. The Court of First
Instance of Sulu sentenced them to life imprisonment, hence the appeal.
ISSUE/S:
1. WON the CFI of Sulu, or any court in the Philippine Islands has jurisdiction over
the case, and
2. WON the facts presented did not constitute a public offense under the laws in
effect n the Philippines.
HELD:
1. YES. Pirates are in law hostes humani generis (HAH HOSTES?!). 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."
2. NO. The general rules of public law recognized and acted on by the United
States relating to the effect of a transfer of territory from another State to the
United States are well-known. The political law of the former sovereignty is
necessarily changed. The municipal law in so far as it is consistent with the
Constitution, the laws of the United States, or the characteristics and institutions
of the government, remains in force. As a corollary to the main rules, laws
subsisting at the time of transfer, designed to secure good order and peace in the
community, which are strictly of a municipal character, continue until by direct
action of the new government they are altered or repealed. Spanish penal laws
concerning piracy are still in effect since they are do not contravene the
Constitution, the laws of the United States or the institutions of the government.
COURT AFFIRMS THE DECISION OF THE CFI OF SULU EXCEPT IN THE CASE OF
SARAW WHO WAS SENTENCED TO DEATH DUE TO THE AGGRAVATING
CIRCUMSTANCES OF 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.