PEOPLE VERSUS TULIN

G.R. No. 111709

August 30, 2001

Melo, J:
FACTS: M/T Tabango is a cargo vessel owned by PNOC Shipping and Transport Corp. It was loaded
with barrels of petroleum products, in which the total value is P40,426,793.83. The vessel was manned
by 21 crew members including Captain Libo-on, Christian Torralba and Isaias Ervas and while sailing in
Mindoro near Silonay was suddenly boarded by 7 armed pirates led by Emilio Changco, older brother
of accused-appellant Cecilio Changco, with other accused-appelants Tulin & Infante Jr.
The crew was instructed to rename the ship to Galilee with registry at San Lorenzo, Honduras. On
March 9, 1991 the ship arrived in Singapore waiting for another vessel, which didnt arrive. They
returned to Calatagan, Batangas and on March 28, they returned to Singapore. The crew was ordered
to transfer cargos vessels to the ship named Navi Pride, which accused-appellant Cheong San Hiong
supervised. They returned to Calatagan Batangas and on April 10, 1991 the crewmembers were
released in batches with the order of waiting 2 days (April 12, 1991) before reporting to government
authorities or else they will be killed. Crewmembers reported to PNOC and Govt authorities on April 12
and arrests took effect. They were all charged with qualified piracy or violating Presidential
Decree No. 532 (Piracy in Philippine Waters).
ISSUES: (Relevant to Crim) Whether or not they violated Presidential Decree No. 532 and
whether or not Cheong San Hiong can be convicted of conspiracy.
HOLDING: They violated Presidential Decree No. 532. This decree states that piracy embraces any
person including a passenger or member of the complement of the said vessel in Philippine
waters. Although Hiongs argument was that they were in Singapore waters when the transfer of
vessels took place, the SC says that piracy is among the highest forms of lawlessness
condemned by the penal statutes of all other countries, which is why Hiong is also convicted for
violation of Presidential Decree No. 532. In People versus Lolo it was well-settled piracy is a
reprehensible crime against the world.
Section 4 of Presidential Decree No. 532 states that Any person who knowingly and in any manner
aids or protects pirates or highway robbers/brigands Or in any manner derives any benefit therefrom;
or any person who directly or indirectly abets the commission of piracy shall be considered as an
accomplice of the principal officers and can be punished in accordance with Rules prescribed
by the Revised Penal Code.
The RTC ruled that there was enough evidence for Hiong to be convicted with conspiracy. Hiongs
defense was that he was just following orders from his supervisor. Presidential Decree 532 Sec 4 says
that any person who does any acts provided in said section has performed them knowingly,
unless contrary is proven. Hiong failed to persuade the SC because evidence is clear: he tested
quality and quantity of products, he played a part on falsifying the General Declarations and Crew List
for transfer to go through, he knew that the amount was sold for less than of value and etc.
An individual is justified in performing an act in obedience to an order issued by a superior if such order
is for some lawful purpose and that the means used by the subordinate to carry out said order is lawful.
Obviously, his superior did a patent violation not only of Philippine, but of international law, which is why
Hiong, using that argument, is still convicted of conspiracy.