Title
People vs. Lol-lo
Case
G.R. No. L-17958
Decision Date
Feb 27, 1922
Dutch subjects attacked by Moros in Dutch East Indies; piracy, rape, and abandonment led to trial in Sulu. Jurisdiction upheld, Spanish Penal Code applied; death penalty for rape, life imprisonment for piracy.

Case Digest (G.R. No. 109713)
Expanded Legal Reasoning Model

Facts:

  • Initial Voyage and Attack
    • On or about June 30, 1920, two boats carrying Dutch subjects departed Matuta for Peta in the Dutch East Indies.
    • At around 7 p.m., near the Islands of Buang and Bukid, six Moros in six vintas armed with firearms surrounded the second boat.
  • Pirate Conduct and Victim Treatment
    • The Moros boarded, demanded food, then forcibly seized all cargo, attacked male passengers, and brutally violated two young women.
    • The remaining passengers were placed back in the boat after holes were bored to sink it; they endured eleven days adrift until rescued. The two women were taken aboard and repeatedly raped, escaping at Maruro.
  • Arrest and Prosecution
    • Defendants Lol-lo and Saraw returned to South Ubian, Tawi-Tawi, where they were arrested and charged with piracy in the Court of First Instance of Sulu.
    • Their counsel filed a demurrer contesting jurisdiction and the existence of a public offense; the trial court overruled it, convicted both, and imposed life imprisonment, restitution of 924 rupees, and half the costs.

Issues:

  • Jurisdiction
    • Whether the Court of First Instance of Sulu had jurisdiction to try acts of piracy committed beyond Philippine territorial waters.
  • Applicability of the Spanish Penal Code
    • Whether Articles 153–156 of the Spanish Penal Code on piracy remained in force in the Philippines after cession to the United States.
    • Whether those provisions could be applied with appropriate substitution of terms (“United States” for “Spain,” “citizens of the United States and citizens of the Philippine Islands” for “Spaniards”).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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