Legal basis and enabling instruments
- The President acted by virtue of powers vested in the President by the Constitution.
- The decree was issued pursuant to Proclamation No. 1081, dated September 21, 1972, Proclamation No. 1104, dated January 17, 1973, and General Order No. 1, dated September 22, 1972.
Policy and declared purpose
- The decree addresses lawless acts that depredate on persons and properties of inhabitants who travel from one place to another.
- It treats such depredations as disturbing peace, order and tranquility, and as stunting economic and social progress.
- It targets piracy and highway robbery/brigandage as among the highest forms of lawlessness condemned by penal statutes of all countries.
- It mandates heavy penalties to discourage offenders and remove obstacles to progress.
Key definitions for offenses
- “Philippine Waters” means all bodies of water, including seas, gulfs, bays around, between, and connecting each island of the Philippine Archipelago, irrespective of depth, breadth, length, or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction.
- “Vessel” means any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters, and includes all kinds and types of vessels or boats used in fishing.
- “Philippine Highway” means any road, street, passage, highway and bridges, or other parts thereof, or any railway or railroad within the Philippines used for movement/circulation of persons or transportation of goods, articles, or property, or both.
- “Piracy” means any attack upon or seizure of any vessel, or taking away of the whole or part of the vessel or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of value, by violence or intimidation of persons, or force upon things, committed by any person (including a passenger or member of the complement) in Philippine waters; the offenders are “pirates” and are punished under the decree.
- “Highway Robbery/Brigandage” means seizure of any person for ransom, extortion, or other unlawful purposes, or taking away of another’s property by violence or intimidation of persons or force upon things or other unlawful means, committed by any person on any Philippine Highway.
Punishment for piracy
- Any person who commits piracy is punished upon conviction by a competent court.
- The base penalty for piracy is reclusion temporal (in its medium and maximum periods).
- If physical injuries or other crimes are committed as a result of or on the occasion of piracy, the penalty is reclusion perpetua.
- The decree imposes mandatory death if rape, murder or homicide is committed as a result of or on the occasion of piracy.
- The decree imposes mandatory death if the offenders abandoned the victims without means of saving themselves.
- The decree imposes mandatory death if the seizure is accomplished by firing upon or boarding a vessel.
Punishment for highway robbery/brigandage
- Any person who commits highway robbery/brigandage is punished upon conviction by a competent court.
- The base penalty is reclusion temporal (in its minimum period).
- If physical injuries or other crimes are committed during or on the occasion of the robbery or brigandage, the penalty is reclusion temporal (in its medium and maximum periods).
- The decree imposes mandatory death if kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result of or on the occasion thereof.
Aiding, protecting, and abetting liability
- Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands is treated as an accomplice of the principal offenders.
- Illustrative aiding/protecting acts include giving information about the movement of police or other peace officers of the government.
- Liability includes acquiring or receiving property taken by pirates or brigands, or directly or indirectly deriving any benefit therefrom.
- Any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage is also treated as an accomplice.
- Accomplice punishment follows the Rules prescribed by the Revised Penal Code.
- The decree creates a presumption that a person who performs the acts in this section has done them knowingly, unless the contrary is proven.
Repeal and modification clause
- Pertinent portions of Act No. 3815, known as the Revised Penal Code, are repealed.
- All laws, decrees, orders, instructions, or parts thereof that are inconsistent with this decree are repealed or modified accordingly.