fREVISED PENAL CODE book 2 Qualified-Piracy-123.pptx

fREVISED PENAL CODE book 2 Qualified-Piracy-123.pptx

1. Criminal Law Art. 123 Qualified Piracy

2. Art. 123. Qualified piracy. - The penalty of reclusion perpetua to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: 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."

3. This refers to piracy and mutiny on the high seas. Article 123 of the Revised Penal Code of the Philippines, means committing acts of piracy under certain serious circumstances. These circumstances include seizing a ship by force, abandoning victims without a way to save themselves, or committing additional crimes like murder, homicide, physical injuries, or rape during the piracy. The penalty for such qualified piracy ranges from life imprisonment to the death penalty, reflecting the severity of the actions involved. The law aims to address more dangerous and violent forms of piracy with stricter punishments.

4. Qualifying Circumstances Whenever the offenders have siezed the vessel by boarding or firing upon the same; Whenever the pirates abandoned thier victims without means ofsaving themselves; or Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (As amended by R.A 7659)

5. Definition of Terms Philippine Waters- It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. Vessel- Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. It shall include all kinds and types of vessels or boats used in fishing. Piracy- any unauthorized person attacking or seizing a vessel on the high seas or in Philippine waters.

6. Related Laws to Qualified Piracy P.D 532 Anti-Piracy and Anti-Hiway Robbery Law of 1974 R.A 6235 Anti-Hijacking Law R.A 9372 Human Security Act of 2007 R.A 11479 Anti-Terrorism Act Of 2020

7. Qualified Piracy as Complex Crime Under P.D 532 Qualified piracy involves aggravating circumstances, such as seizing a vessel forcefully, abandoning victims, or committing additional crimes during the piracy act. While multiple offenses may be involved, they are considered as aggravating factors within the piracy charge.

8. P.D. 532 covers any person while Art. 122 as amended covers only persons who are not passengers or members of its complement. To summarize, Article 122 of the Revised Penal Code, before its amendment, provided that piracy must be committed on the high seas by any person not a member of its complement nor a passenger thereof. Upon its amendment by Republic Act No. 7659, the coverage of the pertinent provision was widened to include offenses committed "in Philippine waters." On the other hand, under Presidential Decree No. 532 (issued in 1974), the coverage of the law on piracy embraces an y person including "a passenger or member of the complement of said vessel in Philippine waters." Hence, passenger or not, a member of the complement or not, any person is covered by the law.

9. Qualified Piracy considered Terrorism R.A 9372 Inrelation to R.A 9372 it is stated in Section 3, includes crimes under P.D 532 as a terrorist act. Under Republic Act No. 9372, otherwise known as the Human Security Act of 2007, approved on March 6, 2007, a person who commits an act punishable under Presidential Decree No. 532 (Anti-Piracy and Highway Robbery Law of 1974), 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.

10. Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice. Any person who knowingly and in any manner aids or protects pirates, such as giving them information about the movement of 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 any person who directly or indirectly abets the commission of piracy, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that any person who does any of these acts has performed them knowingly, unless the contrary is proven.

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