Article 122. Piracy in general and mutiny on the high seas. - The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters.


Elements:

(1) The vessel is on the high seas or Philippine waters

(2) Offenders are neither members of its complement nor passengers of the vessel

(3) Offenders either –
  1. ) Attack or seize that vessel; or
  2. ) Seize the whole or part of its cargo, its equipment or personal belongings of its complement or passengers
(4) There is intent to gain


What is piracy?

It is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. (People vs. Lol-lo, 43 Phil 19)


What is mutiny?

It is the unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander (Bouvier's Law Dictionary)


Define High Seas

The Convention on the Law of the Sea defined it as parts of the seas that are not included in the
exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state.


Vessel is anchored

Whether the vessel is anchored or moving, piracy is committed because Art. 122 says in the high seas or Philippine waters. (Boado)


Piracy vs. Mutiny 

  1. Offenders - In piracy, the offenders are strangers to the vessel (they are not members of the crew nor passengers). In mutiny, they are members of the crew or passengers.

  2. Intent to gain - Intent to gain is essential in the crime of piracy. In mutiny, the members of the crew or passengers raise commotion to protest or go against the lawful command of the captain employing violence and endangering the safety of passengers. Whatever derived by the offenders is merely incidental.

Robbery - when the offender is member of the crew or passenger and there is violence against or intimidation of persons or force upon things in taking the property of the vessel.

Terrorism - A person who commits an act punishable as piracy and mutiny under Article 122 thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended. (Sec. 3, RA 9372)

Abetting Piracy - In Section 4 of Presidential Decree No. 532, the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. Said section penalizes any person who knowingly and in any manner aids or protects pirates, such as giving them information about the movement of the police or other peace officers of the government, or acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; or who directly or indirectly abets the commission of piracy.

Also, it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code.

This provision of PD No. 532 with respect to piracy inPhilippine waters has not been incorporated into the RPC. Neither may it be considered repealed by RA 7659 since there is nothing in the amendatory law which is inconsistent with said section. Apparently, there is still the crime of abetting piracy in Philippine waters.


 When is piracy qualified?

Piracy is qualified if any of the following circumstances is present:

  1. Whenever they have seized a vessel by boarding or firing upon the same;

  2. Whenever the pirates have abandoned their victims without means of saving themselves; or

  3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (Art. 123, Revised Penal Code)

 When is mutiny qualified?

Mutiny is qualified if any of the following circumstances is present:

  1. Whenever the pirates have abandoned their victims without means of saving themselves; or

  2. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (Art. 123, Revised Penal Code)