PEOPLE VS. TULIN, GR NO.

111709

FACTS:
In the evening of March 2, 1991, M/T Tabangao, a cargo vessel owned by the
PNOC Shipping and Transport Corporation, loaded with 2,000 barrels of kerosene,
2,600 barrels of regular gasoline, and 40,000 barrels of diesel oil, with a total value of
P40,426,793,87, was sailing off the coast of Mindoro near Silonay when suddenly
pirates took control of the vessel and detained the crews. The vessel, manned by 21
crew members, including Captain Edilberto Libo-on, Second Mate Christian Torralba,
and Operator Isaias Ervas, was suddenly boarded, with the use of an aluminum ladder,
by seven fully armed pirates led by Emilio Changco, older brother of accused-appellant
Cecilio Changco. The pirates, including accused-appellants Tulin, Loyola, and Infante,
Jr. were armed with M-16 rifles, .45 and .38 caliber handguns, and bolos. They detained
the crew and took complete control of the vessel. Thereafter, accused-appellant Loyola
ordered three crew members to paint over, using black paint, the name M/T Tabangao
on the front and rear portions of the vessel, as well as the PNOC logo on the chimney of
the vessel. The vessel was then painted with the name Galilee, with registry at San
Lorenzo, Honduras. The ship crew was forced to sail to Singapore and later on, it went
back to Batangas, Philippines and remained at sea. Days went by and it sailed back to
Singapore when another vessel named the Navi Pride anchored beside it. Cheong San
Hiong, supervised the Navi’s crew and received the cargo on board MT
Tabangao/Galilee. After the transfer of goods were completed, MT Tabangao/Galilee
sailed back to the Philippines and the original crew members were released by the
pirates and was ordered not to report to authorities . However, the chief engineer
reported the incident to the coast guard and thereafter followed a series of arrests were
effected and charged the accused of qualified piracy or violation of PD 532.
ISSUE:
Whether or not the accused are guilty of qualified piracy.
RULING:
Yes, the accused are guilty of piracy. Art. 122 of the RPC (piracy in general and
mutiny in the high seas) provided that piracy must be committed in the high seas by any
person not a member of its complement nor a passenger thereof. It was amended by
RA 7659, which broadened the law to include offenses committed in Philippine waters.
PD 532 on the other hand, embraces any person, including a passenger or member of
the complement of said vessel in the Philippine waters. Passenger or not, member of
the complement or not, any person is covered by the law. No conflict exists among the
mentioned laws; they exist harmoniously as separate laws. The attack on and the
seizure of MT Tabangao and its cargo were committed in Philippine waters, although
the captive vessel was later brought by the pirates to Singapore, where its cargo was
offloaded, transferred and sold. Such transfer was done under Hiong’s supervision.
Although the disposition by the pirates of the vessel and its cargo was not done in
Philippine waters, it is still deemed part of the same act. Piracy falls under Title 1 of
Book 2 of the RPC. It is an exception to the rule on territoriality in criminal law. The
same principle applies to the case, even if Hiong is charged with violation of a special
penal law, instead of the RPC. Regardless of the law penalizing piracy, it remains to be
a reprehensible crime against the whole world.