PEOPLE v. LOL-LO & SARAW
After some days of navigation, at around 7pm, the 2nd boat arrived
G.R. No. 17958 | February 27, 1922 | Malcolm, J.
THE CASE: Appeal from a judgment of CFI of Zamboanga
RELEVANT PROVISIONS
Art 153, Penal Code – the crime of piracy committed against citizens of the
United States and citizens of the Philippine Islands, or the subjects of
another nation not at war with the United States [Dutch in this case], shall
be punished with a penalty ranging from cadena temporal to cadena
perpetua.
If the crime be committed against nonbelligerent subjects of another nation
at war with the United States, it shall be punished with the penalty of
presidio mayor.
Art 154 of Penal Code – those who commit the crimes referred to in the first
paragraph of the next preceding article shall suffer the penalty of cadena
perpetua or death, and those who commit the crimes referred to in the
second paragraph of the same article, from cadena temporal to cadena
perpetua:
1. Whenever they have seized some vessel by boarding or firing upon
the same.
2. Whenever the crime is accompanied by murder, homicide, or by any
of the physical injuries specified in articles four hundred and
fourteen and four hundred and fifteen and in paragraphs one and
two of article four hundred and sixteen.
3. Whenever it is accompanied by any of the offenses against chastity
specified in Chapter II, Title IX, of this book.
4. Whenever the pirates have abandoned any persons without means
of saving themselves.
5. In every case, the captain or skipper of the pirates.
FACTS
1. Two Dutch boats left Matuta, Mozambique for Peta (in Indonesia?).
In one boat, there was a Dutch subject. In another, there were 11
men, women and children all from Holland.
2.
between the islands of Buang and Bukid in the Dutch East Indies.
Said boat was attacked by 6 vintas (a traditional boat from
Mindanao) with 24 Moros, all armed.
3. They asked for food but once on board, took the cargo, attacked
some men and raped 2 women by “methods too horrible to
describe”. Everyone on the boat except the 2 women was left on
the boat and holes were made on the boat so that it may sink.
(After 11 days, the people on the ship would be assisted) The
women were repeatedly raped until the Moros finally arrived at
Maruro.
4. 2 of the Moros were Lol-lo, who raped one of the women, and
Saraw. The women escaped. The two Moros went back to their
homes in South Ubian, Tawi-Tawi, Sulu and were arrested and
charged in CFI of Suhn with the crime of piracy.
5. Demurer was interposed by counsel saying that (1) the offense was
not w/in jurisdiction of CFI and (2) facts did not constitute a public
offense under the laws in Phil Islands.
6. Demurer overruled by trial judge. The defendants were found
guilty and charged with life imprisonment or cadena perpetual.
ISSUES/HELD
1. WON CFI was without jurisdiction – NO
● Piracy is, robbery or forcible depredation on the high seas,
without lawful authority and done animo furandi (intention to
steal), and in the spirit and intention of universal hostility.
● Piracy is hostes humanis generis (enemy of mankind). It has no
territorial limits.
2. WON the provisions of the Penal Code dealing with the crime of
piracy are still in force – YES
● Even if the Philippines was under the US, municipal law is
applicable if not in conflict with the Constitution, the laws of the
US or the characteristics and institutions of government.
Subsisting laws designed to secure good order and peace and
are strictly municipal in character continue until new gov’t alters
 or repeals them. Principles of public law were given specific
application to the Philippines by the Instructions of President
McKinley to General Wesley Merritt. [Hence, Penal Code may
be used]
● Crime falls under Art 153 in relation to Art 154. Crime of piracy
was accompanied by (1) crime against chastity and (2)
abandonment of persons without apparent means to save
themselves. Trial court only found nocturnity as aggravating
circumstance and lack of instruction as mitigating under Art 11
of PC. Superior strength and ignominy must also be considered.

RULING
Judgment of trial court with regards to Saraw (life imprisonment) affirmed.
Lol-lo sentenced to be hung until dead. The two along with Kinawalang and
Maulanis shall indemnify jointly and severally the offended parties 924
rupees and shall pay a one-half part of the cost of both instances.

NOTE(S)
1. 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. At least 3 aggravating circumstances of Piracy:
● 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.