PP V Lol Lo

3. THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,vs.
LOL-LO and SARAW, defendants-

appellants.
Facts:
 On or about June 30, 1920, two boats left matuta, a Dutch possession, for Peta, another Dutch possession. In
one of the boats was one individual, a Dutch subject, and in the other boat eleven men, women, and children.
 At about 7 o'clock in the evening, the second boat arrived between the Islands of Buang and Bukid in the
Dutch East Indies. There the boat was surrounded by six vintas manned by twenty-four Moros all armed.
 The Moros first asked for food, but once on the Dutch boat, too for themselves all of the cargo, attacked some
of the men, and brutally violated two of the women by methods too horrible to the described. All of the
persons on the Dutch boat, with the exception of the two young women, were again placed on it and holes
were made in it, the idea that it would submerge, although as a matter of fact, these people, after eleven days
of hardship and privation, were succored violating them, the Moros finally arrived at Maruro, a Dutch
possession.
 Two of the Moro marauder were Lol-lo, who also raped one of the women, and Saraw. At Maruro the two
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.
Contentions:
A demurrer was interposed by counsel de officio for the Moros, based on the grounds that the offense charged was not
within the jurisdiction of the Court of First Instance, nor of any court of the Philippine Islands, and that the facts did
not constitute a public offense, under the laws in force in the Philippine Islands.
It cannot be contended with any degree of force as was done in the lower court and as is again done in this court, that
the Court of First Instance was without jurisdiction of the case. 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.
Issue:
Whether or not the provisions of the Penal Code dealing with the crime of piracy are still in force?
Ruling:
Yes.
We hold those provisions of the Penal code dealing with the crime of piracy, notably articles 153 and 154, to be still in
force in the Philippines.
The crime falls under the first paragraph of article 153 of the Penal Code in relation to article 154. There are present at
least two of the circumstances named in the last cited article as authorizing either cadena perpetua or death.
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.
In this connection, the trial court, finding present the one aggravating circumstance of nocturnity, and compensating
the same by the one mitigating circumstance of lack of instruction provided by article 11, as amended, of the Penal
Code, sentenced the accused to life imprisonment. 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.
Arts 153-154 diay guys:
ART. 153. The crime of piracy committed against Spaniards, or the subjects of another nation not at war with
Spain, shall be punished with a penalty ranging from cadena temporal to cadena perpetua.
If the crime be committed against nonbelligerent subjects of another nation at war with Spain, it shall be
punished with the penalty of presidio mayor.
ART. 154. Those who commit the crimes referred to in the first paragraph of the next preceding article shall
suffer the penalty of cadena perpetua or death, and those who commit the crimes referred to in the second
paragraph of the same article, from cadena temporal to cadena perpetua:
1. Whenever they have seized some vessel by boarding or firing upon the same.
2. Whenever the crime is accompanied by murder, homicide, or by any of the physical injuries
specified in articles four hundred and fourteen and four hundred and fifteen and in paragraphs one and
two of article four hundred and sixteen.
3. Whenever it is accompanied by any of the offenses against chastity specified in Chapter II, Title
IX, of this book.
4. Whenever the pirates have abandoned any persons without means of saving themselves.
5. In every case, the captain or skipper of the pirates.

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3. THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,vs.

LOL-LO and SARAW, defendants-

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