8/9/2019 2 - People vs Tulin

People vs Tulin

GR NO. 111709

August 30, 2001

MT Tabangao, cargo vessel owned by PNOC Shipping and Transport Corporation , was
sailing near the coast of Mindoro loaded with barrels of kerosene, gasoline, and diesel oil
with a total value of 40.4M was suddenly boarded by seven fully ared !irates. The !irates
detained the crews and took control of the vessel, the PNOC logo were !ainted over with
black and was !ainted over with the nae "alilee. The shi! crew was forced to sail to
#inga!ore and later went back to $atangas, Phili!!ines and reained at sea.

%ays later, it sailed back to #inga!ore and later another vessel called the Navi Pride
anchored beside it. Cheong #an &iong, su!ervised the Navi's crew and received the cargo
on board MT Tabangao("alilee. )fter the transfer of goods were co!leted, MT
Tabangao("alilee sailed back to the Phili!!ines and the original crew ebers were
released by the !irates and was ordered not to re!ort to authorities . &owever, the chief
engineer re!orted the incident to the coast guard and thereafter followed a series of arrests
were effected and charged the accused of *ualified !iracy or violation of P% +-.

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2hether or not the accused are guilty of *ualified !iracy.

3/N"1

5es, the accused are guilty of !iracy.

 )rt. 6-- of the 3PC 7!iracy in general and utiny in the high seas8 !rovided that !iracy
ust be coitted in the high seas by any !erson not a eber of its co!leent nor a
!assenger thereof. t was aended by 3) 9:+;, which broadened the law to include
offenses coitted in Phili!!ine waters. P% +- on the other hand, ebraces any !erson,
including a !assenger or eber of the co!leent of said vessel in the Phili!!ine waters.
Passenger or not, eber of the co!leent or not, any !erson is covered by the law. No
conflict e<ists aong the entioned laws= they e<ist haroniously as se!arate laws.

The attack on and the sei>ure of MT Tabangao and its cargo were coitted in Phili!!ine
waters, although the ca!tive vessel was later brought by the !irates to #inga!ore, where its

cargo was offloaded, transferred and sold. #uch transfer was done under &iong's
su!ervision.

 )lthough the dis!osition by the !irates of the vessel and its cargo was not done in
Phili!!ine waters, it is still deeed !art of the sae act. Piracy falls under Title 6 of $ook -
of the 3PC. t is an e<ce!tion to the rule on territoriality in criinal law. The sae !rinci!le
a!!lies to the case, even if &iong is charged with violation of a s!ecial !enal law, instead of
the 3PC. 3egardless of the law !enali>ing !iracy, it reains to be a re!rehensible crie
against the whole world.  

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