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    3 People vs. Lol-Lo and Saraw

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    Jem
    The two defendants, Lol-lo and Saraw, were charged with piracy for attacking a Dutch boat between two islands in the Dutch East Indies, stealing its cargo, attacking some men, and raping two women. They argued the court did not have jurisdiction, but the court overruled this because piracy can be prosecuted in any court where the offenders are found, as it is a crime against all mankind rather than any particular state. The court found Lol-lo and Saraw guilty of piracy based on the elements of the crime being met. Lol-lo was sentenced to death while Saraw's conviction was affirmed but his sentence was not specified.

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    3 People vs. Lol-Lo and Saraw

    Uploaded by

    Jem
    28 views2 pages
    The two defendants, Lol-lo and Saraw, were charged with piracy for attacking a Dutch boat between two islands in the Dutch East Indies, stealing its cargo, attacking some men, and raping two women. They argued the court did not have jurisdiction, but the court overruled this because piracy can be prosecuted in any court where the offenders are found, as it is a crime against all mankind rather than any particular state. The court found Lol-lo and Saraw guilty of piracy based on the elements of the crime being met. Lol-lo was sentenced to death while Saraw's conviction was affirmed but his sentence was not specified.

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    3 People vs. Lol-lo and Saraw

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    The two defendants, Lol-lo and Saraw, were charged with piracy for attacking a Dutch boat between two islands in the Dutch East Indies, stealing its cargo, attacking some men, and raping two women. They argued the court did not have jurisdiction, but the court overruled this because piracy can be prosecuted in any court where the offenders are found, as it is a crime against all mankind rather than any particular state. The court found Lol-lo and Saraw guilty of piracy based on the elements of the crime being met. Lol-lo was sentenced to death while Saraw's conviction was affirmed but his sentence was not specified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views2 pages

    3 People vs. Lol-Lo and Saraw

    Uploaded by

    Jem
    The two defendants, Lol-lo and Saraw, were charged with piracy for attacking a Dutch boat between two islands in the Dutch East Indies, stealing its cargo, attacking some men, and raping two women. They argued the court did not have jurisdiction, but the court overruled this because piracy can be prosecuted in any court where the offenders are found, as it is a crime against all mankind rather than any particular state. The court found Lol-lo and Saraw guilty of piracy based on the elements of the crime being met. Lol-lo was sentenced to death while Saraw's conviction was affirmed but his sentence was not specified.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    People vs.

    Lol-lo and Saraw


    No. 17958. February 27, 1922
    MALCOLM, J.:
    Facts:
    On or about June 30,1920, two boats left both of Dutch possession Matuta for Peta where in
    one of the boats was one individual, a Dutch subject, and in the other boat eleven men, women,
    and children, likewise subjects of Holland. After a number of days of navigation, 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 who 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 two of the women. 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, with the idea that it
    would submerge, although as a matter of fact, these people, after eleven days of hardship and
    privation, were succored. Taking the two women with them, and repeatedly violating them, the
    Moros finally arrived at Maruro, a Dutch possession. Two of the Moro marauders 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 and were arrested and were charged in the CFI of Suhn with the crime of piracy. 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 which was overruled. The two defendants were found guilty and
    sentencing each of them to life imprisonment (cadena perpetua), to return together with
    Kinawalang and Maulanis, defendants in another case, to the offended parties, the thirty-nine
    sacks of coprax which had been robbed, or to indemnify them in the amount of 924 rupees, and
    to pay a one-half part of the costs. Thus, this appeal.
    Issue:
    WON Lol-lo and Saraw may be convicted even though CFI Sulu has no jurisdiction?
    Rule of law:
    Piracy
    Application:
    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. 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. It does not 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."
    (U. S. vs, Furlong [1820], 5 Wheat., 184.)
    Article 153 of the Penal Code now reads as follows: "The crime of piracy committed
    against citizens of the United States and citizens of the Philippine Islands, or the subjects of
    another nation not at war with the United States, shall be punished with a penalty ranging f
    rom cadena temporal to cadena perpetua. If the crime be committed against nonbelligerent
    subjects of another nation at war with the United States, it shall be punished with the penalty
    of presidio mayor." Those provisions of the Penal Code dealing with the crime of piracy, notably
    articles 153 and 154, are still in force in the Philippines.
    Conclusion:
    The judgment of the trial court as to the defendant and appellant Saraw is affirmed, and is
    reversed as to the defendant and appellant Lol-lo, who is found guilty of the crime of piracy and
    is sentenced therefor to be hung until dead while the two appellants together with Kinawalang
    and Maulanis, defendants in another case, shall indemnify jointly and severally the offended
    parties.

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