Case Digest (G.R. No. L-17958)
Facts:
The People of the Philippine Islands v. Lol-lo and Saraw, G.R. No. 17958. February 27, 1922, the Supreme Court En Banc, Malcolm, J., writing for the Court.The appellee was the People of the Philippine Islands; the appellants were Lol-lo and Saraw, charged with piracy. On or about June 30, 1920, two small Dutch boats voyaged from Matuta to Peta (Dutch possessions). One boat carried eleven Dutch subjects (men, women and children). At about 7:00 p.m., between the islands of Buang and Bukid, six armed Moros in six vintas surrounded the Dutch boat, boarded it, took the cargo, attacked the men, and brutally violated two women. The boarders then made holes in the boat intending to sink it and took the two women with them; the women later escaped at Maruro. Two of the boarders were identified as Lol-lo and Saraw.
After returning to South Ubian, Tawi-Tawi (Sulu), the two were arrested and tried in the Court of First Instance of Sulu for piracy. Counsel de officio demurred, arguing the offense was not within the jurisdiction of Philippine courts and the facts did not constitute a public offense under Philippine law; the trial court overruled the demurrer. After trial the court found both defendants guilty and sentenced each to cadena perpetua, ordered restitution (or indemnity of 924 rupees) jointly with co-defendants in another case, and assessed one-half of the costs.
The defendants appealed to the Supreme Court as appellants. The principal questions presented concerned jurisdiction to try piracy committed on the high seas against foreign nationals, whether the Spanish Penal Code provisions on piracy remained in force after the cession to the United States, and the appropriate penalty given the facts and aggravating/mitigating circumstances. Malcolm, J., authored the Cour...(Subscriber-Only)
Issues:
- Did the Court of First Instance of Sulu have jurisdiction to try the appellants for piracy committed on the high seas against Dutch subjects?
- Are Articles 153–156 of the Spanish Penal Code (the provisions on piracy) still in force in the Philippines after the cession to the United States?
- Did the defendants commit piracy as defined and, if so, was the imposition of the death penalty on Lol-lo and ca...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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