PEOPLE V.

TULIN
GR. NO. 111709 – August 30, 2001
Melo

SUBJECT:

FACTS:
MT Tabangao is a cargo vessel owned by PNOC. It was sailing near the coast of Mindoro
loaded with barrels of kerosene, gasoline and diesel oil with a total value of 40.4M. The
vessel was suddenly boarded by 7 fully armed pirates (Changco et al). They detained and
took control of the vessel and painted the logo and name of the ship with black then it was
painted with the name Galilee. The ship crew was forced to sail to Singapore.
In Singapore, another vessel called the Navi Pride anchored beside it and Hiong, another
accused, supervised the Navi’s crew and received the cargo on board MT Tabangao. After
the transfer of goods were completed, MT Tabangao went back to the Philippines and the
original crew members were released by the pirates in batch with the order not to tell
authorities what happened. However, the Chief Engineer of the crew reported the incident
to the coast guard. Afterwards, a series of arrests were effected against the accused and
they were charged with qualified piracy or violation of PD 532.
Paul Gan – Singaporean broker who offered to sell bunker oil to Hiong.

ISSUE: WON the accused are guilty of qualified piracy.

HELD:
The Navi Pride captain’s, Hiong, arguments are that: 1) he cannot be convicted under PD
532 or Art. 122 of the RPC as amended, since both laws punish piracy committed in
Philippine waters, and 2) that the court never acquired jurisdiction over him since the
crime was committed outside Philippines waters.

Art. 122 (RPC) 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 offense 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. There are no conflict that exists among the mentioned laws
and they exist harmoniously as separate laws.

The attack and the seizure of MT Tabangao and its cargo were committed in Philippine
waters, although the pirates later brought the captive vessel to Singapore, where its cargo
was off-loaded, 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 of 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
RPC. Regardless of the law penalizing piracy, it remains to be a reprehensible crime against
the whole world.