UNIVERSITY OF SAN CARLOS

COLLEGE OF LAW
Reporters: John Michael Lequigan, Renz Lyle Laguitao, Thea Angela Javier

P.D. 532: ANTI –PIRACY AND ANTI-HIGHWAY ROBBERY LA W OF 1974

DEFINITION
 Philippine waters- refers to all bodies of
water such as but not limited to seas, gulfs,
bays around, between and connecting each
of the Islands of the Philippine Archipelago,
irrespective of its depth, breadth length or
dimension, and all others water belonging to
the Philippines by historic or legal title,
including territorial sea, the sea-bed the
insular shelves, and other submarine areas
over which the Philippines has sovereignty
or jurisdiction.
 Vessel- vessel or watercraft used for
transport of passengers and cargo from one
place to another through Philippine waters.
It shall include all kinds and types of vessels
or boats used in fishing
 Piracy- any attack or seizure of any vessel or
the taking away of the whole or part thereof
or its cargo, equipment, or the personal
belongings of its complement or passengers,
irrespective of the value thereof.
PD 532 ELEMENTS
 By means of violence or intimidation of persons
or force upon things
 By any person, including a passenger or member
of the complement of said vessel
 In Philippine waters
 Committed by
o An attack upon or seizure of any vessel
o or taking way of the whole or part of thereof
or its cargo, equipment, or the personal
belongings of its complement or passenger,
irrespective of the value thereof
ART 122
 On the high seas or in Philippine waters
 Not being a member of its complement nor a
passenger
 Shall attack seize or seize a vessel or shall seize
the whole or part of the cargo of said vessel, its
equipment or personal belongings of its
complement or passengers
Art 122 PD 532

EFFECTS OF R.A. 7659 Malefactors Not members They included

of such malefactors
 R.A 765 widened the coverage of Art. 122 to
complement
include offenses committed in “Philippine
or passenger
waters”.
 On other hand, P.D. 532 included in the Locus of the High seas or Philippine waters
crime Philippine only
coverage of the law on piracy any person
waters
including “a passenger or member of the
complement of said vessel in Philippine
waters”.
 Hence, passenger or not, a member of the
complement or not any person is covered by
P.D. 532.
 R.A 7659 neither superseded nor amended
P.D. 532. There is no contradiction between
the two laws. There is likewise no ambiguity
and hence, there is no need to construe of
the law.

HOW IS PIRACY COMMITTED

UNIVERSITY OF SAN CARLOS
COLLEGE OF LAW
Reporters: John Michael Lequigan, Renz Lyle Laguitao, Thea Angela Javier

P.D. 532: ANTI –PIRACY AND ANTI-HIGHWAY ROBBERY LA W OF 1974

Qualifying 1.) Abandonin Other crimes are piracy under the RPC but under PD 532 which
Circumstanc g them included penalizes piracy in Philippine waters.
es without
means of HIGHWAY ROBBERY/BRIGANDAGE
saving
themselve  Highway robbery or brigandage- is the seizure
s
of any person for ransom, extortion or other
2.) Committin
unlawful purposes or the taking away of the
g murder,
homicide, property of another, by means of violence
physical against or intimidation of persons or force upon
injuries, things or other unlawful means, committed by
rape any person on any Philippine highway.
 Philippine Highway- refers to any road, street
Penalty Qualified 1. if physical passage highway and bridges or other parts
piracy in RPC injuries or thereof, or railway or railroad within the
is Reclusion other crimes, Philippine used by persons, or vehicles, or
Perpetua to it is punished locomotives or trains for the movement or
death by Reclusion circulation of persons or transportation of
Perpetua. goods, articles or property or both.
2. abandonmen
t, firing upon
or boarding TWO LAWS ON BRIGANDANGE
the vessel,
Noticeably, Art. 306 punishes the mere formation of
murder,
homicide, or a band of brigands
rape carries
the If the purposes of the band are accomplished, the
mandatory penalty shall be the higher between that punished in
penalty of the article and the act committed.
death. (R.A
9346 banned If robbery is committed in a highway, it is either
altogether). robbery in a highway under Art 294 in relation to Art
306 or highway robbery under PD 532.
[NOTE: (a) Piracy is committed whether the vessel is
anchored or moving as long as it is committed aboard Brigandage under PD 532 and Art 306 is the same. The
the vessel. (b) If the offenders are members or only difference is that what is penalized under the
passenger under the RPC, the crime is robbery; but RPC is the mere formation of a band whose purpose
under PD 532 it is piracy.] is to commit robber in a highway. Under Art. 306 par.
2, if the unlawful acts are carried out, illegal acts
JURISDICTION OVER THE CRIME committed. It is brigandage only as long as they have
not carried out their purpose
 Philippine courts have jurisdiction over piracy
committed in the high seas and even in
THE VICTIM OF BRIGANDAGE
countries outside its territorial jurisdiction for
piracy falls under Title 1 of book 2 of the RPC. Brigandage requires the victim he may come across
 The same principle applies even if the offenders whether the victim has the potential of being robbed
were charged, not with a violation of qualified of something or nothing.
UNIVERSITY OF SAN CARLOS
COLLEGE OF LAW
Reporters: John Michael Lequigan, Renz Lyle Laguitao, Thea Angela Javier
P.D. 532: ANTI –PIRACY AND ANTI-HIGHWAY ROBBERY LA W OF 1974
There should be no preconceived victim, otherwise
although committed in a highway, the crime is
robbery under Art. 294.
SITUS OF BRIGANDAGE
A finding of brigandage or highway robbery involves
not just the locus of the crime or the fact that more
than three persons perpetrated it. It is essential to
prove that the outlaws were purposely organized not
just for one act of robbery but for several
indiscriminate commissions thereof.
An isolated act of depredation will not constitute
highway robbery just because it was committed in a
highway. The frequency with which the offenders
perpetrate the robbery in public highways may
determine whether the crime is simple robbery or
highway robbery as defined in PD 532
INDISCRIMINATE NATURE OF
BRIGANDAGE
To obtain conviction for highway robbery, the
prosecution should that the accused were organized
for the purpose of committing robbery
indiscriminately.
There is indiscriminate robbery if the purpose of
brigandage is to victimize any person or if the robbery
is not an isolated case only but there is evidence to
sow that previous malefactors. If the purpose is only
a particular robbery, it is only robbery or robbery in
band if there are at least 4 armed participants
The number of perpetrators is no longer an essential
element of the crime of brigandage as defined PD 532
Even only one malefactor can commit brigandage or
highway robbery.
In fine, brigandage is indiscriminate if there is no
preconceived victim and the offenders have been
organized for the purpose shown by the fact that the
robbery is not their first time.
Also, even if there is only one offender, it is
brigandage under the decree. The number
malefactors does not control in PD 532
NUMBER OF MALEFACTORS
PD 532 only requires proof that persons were
organized for the purpose of committing highway
robbery indiscriminately.
The robbery must be directed not against specific,
intended or preconceived victims, but against any and
all prospective victims.
The clear implication is that the number of offenders
as well as the frequency with which they perpetrate
robbery, may determine whether a crime is simple
robbery or highway robbery
PD 532 introduces amendments to Art 306 and 306 of
the RPC by increasing the penalties, albeit limiting its
application to the offenses therein when committed
on the highways without prejudice to the liability for
such acts if committed. Furthermore, prejudice to the
liability for such acts if committed.
Furthermore, the decree does not require that there
be at least four armed persons forming a band of
robbers; and the presumption in the RPC that said
accused are brigands if they use unlicensed firearms
no longer obtains under the Decree. The old doctrine,
brigandage was committed by a cuadrilla or by more
than three armed persons (at least four) per the
definition of brigands in Art 306.
ABETTORS OF BRIGANDAGE
In brigandage, those who participate in the loot
commit the crime of abetting brigandage. They are
neither accessory nor fence. They are accomplices.
(PD 532, Sec 4 is equivalent to Art. 307, the RPC).
if the crime were robbery committed in a highway
under Art. 294, those who participate or profit in the
proceeds of the crime can be liable either as principals
or accessories.
UNIVERSITY OF SAN CARLOS
COLLEGE OF LAW
Reporters: John Michael Lequigan, Renz Lyle Laguitao, Thea Angela Javier

P.D. 532: ANTI –PIRACY AND ANTI-HIGHWAY ROBBERY LA W OF 1974

ACT PENALTY
1. Piracy Reclusion Temporal
(Med and Max)
+Physical injuries or Reclusion Perpetua
other crimes
committed (as a result
or on occasion of
piracy)
+Rape, murder or Death
homicide committed
(as a result or on
occasion of piracy)
+Offenders abandon Death
the victims without
means of saving
themselves
+Seizure is Death
accomplished by firing
upon or boarding a
vessel
2. Highway Reclusion Temporal
Robbery/Brigandage (Min)
+Physical injuries or Reclusion Temporal
other crimes (Med and Max)
committed (during or
on occasion of robbery
or brigandage
+Kidnapping for Death
ransom or extortion
+Murder, homicide, or Death
rape committed (as a
result or on occasion
of robbery or
brigandage)