Crim Law 1 Case Digest: People vs Lol-Lo & Saraw (1922)

People v. Lol-lo & Saraw, 43 Phil. 19

G.R. No. 17958 February 27, 1922.

MALCOLM, J.

FACTS:

Two boats of Dutch possession left Matuta. In 1 of the boats was 1 individual, a Dutch subject,

and in the other boat 11 men, women, and children, subjects of Holland. The 2nd boat arrived

between the Islands of Buang and Bukid in the Dutch East Indies. There the boat was

surrounded by 6 vintas manned by 24 Moros all armed. The Moros first asked for food, but once

on the Dutch boat, took for themselves all of the cargo, attacked some of the men, and brutally

violated 2 of the women. All of the persons on the Dutch boat, except the 2 young women, were

again placed on it and holes were made in it, the idea that it would submerge. The Moros finally

arrived at Maruro, a Dutch possession. 2 of the Moro marauder were Lol-lo, who also raped one

of the women, and Saraw. At Maruro the 2 women were able to escape;

Lol-lo and Saraw later returned to their home in South Ubian, Tawi-Tawi, Sulu, Philippine

Islands. There they were arrested and were charged in the Court of First Instance of Sulu with

the crime of piracy and sentenced to cadena perpetua and to indemnify the victims of their

crimes.

ISSUE: Whether the provisions of the Penal Code dealing with the crime of piracy are still in force.

HELD: YES. Articles 153 and 154 of the Penal Code are still in force and in accordance with provisions of

Act No. 2726, thus affirms the verdict against defendant-appellant Saraw and, further, the

defendant and appellant Lol-lo, who was found guilty of the crime of piracy and with added

aggravating circumstance of rape is sentenced therefor to be hung until dead.

Penal code dealing with the crime of piracy, notably articles 153 and 154, to be still in force in

the Philippines, even after Spain ceded the country to the U.S., pending abrogation thereof.

All of the elements of the crime of piracy are present. 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.

Pirates are in law hostes humani generis.

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 piracy unlike all other crimes has no territorial limits.

As it is against all so may it be punished by all. Nor does it matter that the crime was committed

within the jurisdictional 3-mile limit of a foreign state, "for those limits, though neutral to war,

are not neutral to crimes."

The crime of piracy was accompanied by (1) an offense against chastity and (2) the

abandonment of persons without apparent means of saving themselves. It is, therefore, only

necessary for us to determine as to whether the penalty of cadena perpetua or death should be

imposed.

At least 3 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.