People vs Tulin GR NO. 111709 August 30, 2001
MT Tabangao, cargo vessel owned by PNOC Shipping and Transport Corporation , was sailing near the coast of Mindoro loaded with barrels of kerosene, gasoline, and diesel oil with a total value of 40.4M was suddenly boarded by seven fully armed pirates. The pirates detained the crews and took control of the vessel, the PNOC logo were painted over with black and was painted over with the name Galilee. The ship crew was forced to sail to Singapore and later went back to Batangas, Philippines and remained at sea. Days later, it sailed back to Singapore and later another vessel called 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.
