People of the Philippine Islands vs.

Lol-Lo and Saraw

G.R. No. L-17958
27 February 1922

FACTS: On or about 30 June 1920, two boats left Matuta for Peta, both Dutch
possessions. In one boat was a Dutch subject while on the other were likewise Holland
subjects consisting of eleven men, women and children. After a few days, the second
boat arrived between the Islands of Buang and Bukid in the Dutch East Indies at around
7 o’clock in the evening. There, they were surrounded by six vintas with twenty-four
armed Moros. They first asked for food and eventually took for themselves all the cargo.
They even attacked some of the men and brutally violated two of the women.
Afterwards, they placed all the persons on the Dutch boat, except for the two young
women, and placed holes on it with the idea that it would submerge but the victims were
eventually rescued after eleven days. The Moros took the two women and repeatedly
violated them until they finally arrived at Maruro, a Dutch possession. There, the two
women were able to escape.

Lol-Lo who was one of the Moros who raped the young women, together with Saraw,
returned to their home in South Ubian, Tawi-Tawi,Sulu where they were arrested and
charged of the crime of piracy in the Court of First Instance of Sulu. A demurrer was
interposed by the counsel of the Moros on the grounds that the offense charged was not
within the jurisdiction of any of the courts in the Philippine Island because the facts do
not constitute an offense under the laws of the country. However, the demurrer was
overruled and the judgment was rendered against the accused finding them guilty and
sentencing each of them to life imprisonment (cadena perpetua). They were also
ordered to return the 39 sacks of coprax they robbed, to indemnify the offended parties
in the amount of 942 rupees and pay a 1/2 part of the costs.

A brief has been filed by the counsel de officio and the trial court ruled that all the
elements of the crime of piracy are present on the instant case. Piracy is robbery or
forcible depredation on the high seas, without lawful authority and done animo furandi
and in the spirit and intention of universal hostility.

ISSUES:
(a) Whether or not the Court of First Instance was without jurisdiction of the case;
(b) Whether or not the provisions of the [Spanish] Penal Code dealing with the crime
of piracy are still in force (Art. 153 to 156)

HELD: Piracy is a crime not against any particular state but against all mankind. It may
be punished in the competent tribunal of any country where the offender may be found
or into which he may be carried. The jurisdiction of the crime of piracy has no territorial
limits since it is against all so it shall be punished by all.

Yes. By the virtue of the Treaty of Paris, a logical construction of the articles of the
Penal Code is established wherein the mention of the word “Spain” should be
substituted by the words “United States” and “Spaniards” should be substituted by the
expression “citizens of the United States and citizens of the Philippine Islands”.
Therefore, the Penal Code dealing with the crime of piracy is still in force.

The crime falls under the first paragraph of the Article 153 in relation to Article 154. The
two circumstances mentioned in the said Article are present on the instant case
authorizing cadena perpetua or death. The crime of piracy was accompanied by (1) an
offense against chastity (2) abandonment of persons without apparent means of saving
themselves. There should be at least three aggravating circumstances, that the wrong
done in the commission of the crime was deliberately augmented by causing other
wrongs not necessary for its commission, that advantage was taken of superior
strength, and that means were employed which added ignominy to the natural effects of
the act, must also be taken into consideration in fixing the penalty.

In accordance with the provisions of Act No. 2726, the judgment of the trial court against
the defendant Saraw is affirmed and is reversed as to the defendant Lol-lo, who is found
guilty of the crime of piracy and is sentenced to be hung until dead.