[G.R. No. 111709.

August 30, 2001] ISSUE:

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGER P. TULIN,
VIRGILIO I. LOYOLA, CECILIO O. CHANGCO, ANDRES C. INFANTE, w/n the accused are guilty of qualified piracy YES!
CHEONG SAN HIONG, and JOHN DOES, accused-appellants.
RULING: [only the important part for crim]

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 (accused in the
case Emilio Changco, Cecilio Changco, Tulin, Loyola, Infante, etc.). they
detained and took control of the vessel.
The name MT Tabangao and the PNOC logo were painted over with black.
Then it was painted with the name Galilee.
The ship crew was forced to sail to Singapore.
In Singapore, the ship was awaiting another vessel that did not arrive.
Instead, the ship went back to Batangas Philippines and remained at sea.
Days later, it went back to Singapore. This time, another vessel called the
Navi Pride anchored beside it.
Another accused, Cheong San Hiong, supervised the Navis crew and
received the cargo on board MT Tabangao/Galilee.
After the transfer of goods were completed, MT Tabangao/Galilee went
back to the Philippines and the original crew members were released by the
pirates in batches. The crew was ordered not to tell authorities of what
happened.
The chief engineer of the crew, however, reported the incident to the coast
guard. Afterwards, a series of arrests were effected in different places.
An information charging the accused with qualified piracy or violation of the
PD 532 Piracy in the Philippine Waters was filed against the accused. As
it turns out, Navi Pride captain, Hiong, was employed with Navi Marine
Services ( a Singaporean firm, I think).
Before the seizure of the MT Tabangon, Navi Marine was dealing for the
first time with Paul Gan, a Singaporean broker who offered to sell bunker oil
to the former. When the transaction pushed through, Hiong was assigned
to supervise a ship to ship transfer.
He was told that the Galilee would be making the transfer, so Navi Pride
ship-sided with Galilee and the transfer was effected. Paul Gan received the
payment. Upon arrival in Singapore, Hiong was asked again to transact
another transfer of oil.
The same procedure was followed. Hiong then went to the Philippines to
arrange another transfer with Changco the pirates head. This was how
Hiong was arrested by the NBI agents All the accused put up denials and
alibis.
The trial court, with ROMEO CALLEJO deciding, ruled that the accused were
all guilty.
Hiong argues that he can not be convicted under PD 534 or Art 122 of the
RPC as amended, since both laws punish piracy committed in Philippine
waters.
Hiong also contends that the court never acquired jurisdiction over him
since the crime was committed outside Philippine waters. 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 off-loaded,
transferred and sold. Such transfer was done under Hiongs 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.