People vs Dela Peña G.R. No. 219581, January 31, 2018

People vs Dela Peña

G.R. No. 219581, January 31, 2018

FACTS:

Maximo Dela Pena and his armed companions boarded the pump boat of the Nacoboan along the river bank of Barangay San Roque and took 13 sacks of copra, personal belongings of the victims as well as the boat’s engine, propeller tube and tools at gun point before leaving them in an island.

ISSUE:

Whether or not the appellant is guilty of piracy?

RULING:

Yes, the appellant is guilty of piracy.

Section 2(d) of PD 532 defines piracy as follows:

“Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters shall be considered as piracy.”

In this case, all the elements of piracy as provided for in Section 2(d) of PD 532 were present, as can be gleaned in the facts of the case.

Hence, appellant is guilty of piracy.

 


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