PRESIDENTIAL DECREE No. 532 August 8, 1974
It shall refer to any road, street, passage, highway
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974
WHEREAS, reports from law-enforcement agencies reveal that lawless
elements are still committing acts of depredations upon the persons and
properties of innocent and defenseless inhabitants who travel from one
place to another, thereby distributing the peace, order and tranquility of
the nation and stunting the economic and social progress of the people;
WHEREAS, such acts of depredations constitute either piracy or
highway robbery/brigandage which are among the highest forms of
lawlessness condemned by the penal statutes of all countries; and,
WHEREAS, it is imperative that said lawless elements be discouraged
from perpetrating such acts of depredations by imposing heavy penalty
on the offenders, with the end in view of eliminating all obstacles to the
economic, social, educational and community progress of the people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution and
pursuant to proclamation No. 1081, dated September 21, 1972 and No.
1104, dated January 17, 1973 and General Order No. 1, dated
September 22, 1972, do hereby order and decree as part of the law of
the land the following:
Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-
Highway Robbery Law of 1974.
Section 2. Definition of Terms. The following terms shall mean and be
understood, as follows:
a. Philippine Waters. It shall refer to all bodies of water, such as but not
limited to, seas, gulfs, bays around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective of its depth, breadth,
length or dimension, and all other waters belonging to the Philippines by
historic or legal title, including territorial sea, the sea-bed, the insular
shelves, and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for transport of passengers and
cargo from one place to another through Philippine Waters. It shall
include all kinds and types of vessels or boats used in fishing.
c. Philippine Highway.
and bridges or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives or trains for the
movement or circulation of persons or transportation of goods, articles,
or property or both.
d. Piracy. 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. The offenders shall be considered as pirates and
punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of any person for ransom,
extortion or other unlawful purposes, or the taking away of the property
of another by means of violence against or intimidation of person or
force upon things of other unlawful means, committed by any person on
any Philippine Highway.
Section 3. Penalties. Any person who commits piracy or highway
robbery/brigandage as herein defined, shall, upon conviction by
competents court be punished by:
a. Piracy. The penalty of reclusion temporal in its medium and maximum
periods shall be imposed. If physical injuries or other crimes are
committed as a result or on the occasion thereof, the penalty of reclusion
perpetua shall be imposed. If rape, murder or homicide is committed as
a result or on the occasion of piracy, or when the offenders abandoned
the victims without means of saving themselves, or when the seizure is
accomplished by firing upon or boarding a vessel, the mandatory penalty
of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its
minimum period shall be imposed. If physical injuries or other crimes are
committed during or on the occasion of the commission of robbery or
brigandage, the penalty of reclusion temporal in its medium and
maximum periods shall be imposed. If kidnapping for ransom or
extortion, or murder or homicide, or rape is committed as a result or on
the occasion thereof, the penalty of death shall be imposed.
Section 4. Aiding pirates or highway robbers/brigands or abetting piracy
or highway robbery/brigandage. Any person who knowingly and in any
manner aids or protects pirates or highway robbers/brigands, such as
giving them information about the movement of police or other peace
officers of the government, or acquires or receives property taken by
such pirates or brigands or in any manner derives any benefit therefrom;
or any person who directly or indirectly abets the commission of piracy or
highway robbery or brigandage, shall be considered as an accomplice of
the principal offenders and be punished in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that any person who does any of the acts provided
in this Section has performed knowingly, unless the contrary is proven.
Section 5. Repealing Clause. Pertinent portions of Act No. 3815,
otherwise known as the Revised Penal Code; and all laws, decrees, or
orders or instructions, or parts thereof, insofar as they are inconsistent
with this Decree are hereby repealed or modified accordingly.
Section 6. Effectivity. This Decree shall take effect upon approval.
PRESIDENTIAL DECREE No. 532
ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF
1974
Definition of Terms
Philippine Waters
It shall refer to all bodies of water, such as but not limited to,
seas, gulfs, bays around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective of its depth,
breadth, length or dimension, and all other waters belonging to
the Philippines by historic or legal title, including territorial sea,
the sea-bed, the insular shelves, and other submarine areas
over which the Philippines has sovereignty or jurisdiction.
Vessel
Any vessel or watercraft used for transport of passengers and
cargo from one place to another through Philippine Waters. It
shall include all kinds and types of vessels or boats used in
fishing.
Philippine Highway
It shall refer to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives or
trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
Piracy
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. The offenders shall be considered as
pirates and punished as hereinafter provided.
Highway Robbery/Brigandage
The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of another
by means of violence against or intimidation of person or force
upon things of other unlawful means, committed by any person
on any Philippine Highway.
Acts punished as piracy
1. Attacking or seizing a vessel on the high seas or in Philippine
waters;
2. Seizing in the vessel while on the high seas or in Philippine
waters the whole or part of its cargo, its equipment or personal
belongings of its complement or passengers.
Elements of piracy
1. The vessel is on the high seas or Philippine waters;
2. Offenders may or may not be members of its complement, or
passengers of the vessel;
3. Offenders either:
a. Attack or seize a vessel on the high seas or in Philippine
waters; or
b. Seize in the vessel while on the high seas or in Philippine
waters the whole or part of its cargo, its equipment or personal
belongings of its complement or passengers;
4. The preceding were committed under any of the following
circumstances:
a. Whenever they have seized a vessel by boarding or firing upon
the same;
b. Whenever the pirates have abandoned their victims without
means of saving themselves; or
c. Whenever the crime is accompanied by murder, homicide,
physical injuries or rape.
5. There is intent to gain.
Originally, the crimes of piracy and mutiny can only be
committed in the high seas, that is, outside Philippine territorial
waters. But in August 1974, Presidential Decree No. 532 (The
Anti-Piracy and Anti-Highway Robbery Law of 1974) was
issued, punishing piracy, but not mutiny, in Philippine territorial
waters. Thus came about two kinds of piracy: (1) that which is
punished under the Revised Penal Code if committed in the
high seas; and (2) that which is punished under Presidential
Decree No. 532 if committed in Philippine territorial waters.
Amending Article 122, Republic Act No. 7659 included therein
piracy in Philippine waters, thus, pro tanto superseding
Presidential Decree No. 532. As amended, the article now
punishes piracy, as well as mutiny, whether committed in the
high seas or in Philippine territorial waters, and the penalty has
been increased to reclusion perpetua from reclusion temporal.
But while under Presidential Decree No. 532, piracy in
Philippine waters could be committed by any person, including
a passenger or member of the complement of a vessel, under
the amended article, piracy can only be committed by a person
who is not a passenger nor member of the complement of the
vessel irrespective of venue. So if a passenger or complement
of the vessel commits acts of robbery in the high seas, the
crime is robbery, not piracy.
Note, however, that in Section 4 of Presidential Decree No.
532, the act of aiding pirates or abetting piracy is penalized as a
crime distinct from piracy. Said section penalizes any person
who knowingly and in any manner aids or protects pirates, such
as giving them information about the movement of the police or
other peace officers of the government, or acquires or receives
property taken by such pirates, or in any manner derives any
benefit therefrom; or who directly or indirectly abets the
commission of piracy. Also, it is expressly provided in the same
section that the offender shall be considered as an accomplice
of the principal offenders and punished in accordance with the
Revised Penal Code. This provision of Presidential Decree No.
532 with respect to piracy in Philippine water has not been
incorporated in the Revised Penal Code. Neither may it be
considered repealed by Republic Act No. 7659 since there is
nothing in the amendatory law is inconsistent with said section.
Apparently, there is still the crime of abetting piracy in
Philippine waters under Presidential Decree No. 532.
Considering that the essence of piracy is one of robbery, any
taking in a vessel with force upon things or with violence or
intimidation against person is employed will always be piracy. It
cannot co-exist with the crime of robbery. Robbery, therefore,
 cannot be committed on board a vessel. But if the taking is
without violence or intimidation on persons of force upon things,
the crime of piracy cannot be committed, but only theft.
If any of the circumstances in Article 123 is present, piracy is
qualified. Take note of the specific crimes involve in number 4
c (murder, homicide, physical injuries or rape). When any of
these crimes accompany piracy, there is no complex crime.
Instead, there is only one crime committed – qualified piracy.
Murder, rape, homicide, physical injuries are mere
circumstances qualifying piracy and cannot be punished as
separate crimes, nor can they be complexed with piracy.
Although in Article 123 merely refers to qualified piracy, there is
also the crime of qualified mutiny. Mutiny is qualified under the
following circumstances:
(1) When the offenders abandoned the victims without
means of saving themselves; or
(2) When the mutiny is accompanied by rape, murder,
homicide, or physical injuries.
Note that the first circumstance which qualifies piracy does not
apply to mutiny.
Elements of mutiny
1. The vessel is on the high seas or Philippine waters;
2. Offenders are either members of its complement, or
passengers of the vessel;
3. Offenders either:
a. attack or seize the vessel; or
b. seize the whole or part of the cargo, its equipment, or personal
belongings of the crew or passengers.
Mutiny is the unlawful resistance to a superior officer, or the
raising of commotions and disturbances aboard a ship against
the authority of its commander.
Distinction between mutiny and piracy
1. As to offenders
Mutiny is committed by members of the complement or the
passengers of the vessel.
Piracy is committed by persons who are not members of the
complement or the passengers of the vessel.
2. As to criminal intent
In mutiny, there is no criminal intent.
In piracy, the criminal intent is for gain.
Elements of highway robbery or brigandage
1. The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of
another;
2. By means of violence against or intimidation of person or force
upon things of other unlawful means;
3. Committed by any person on any Philippine Highway;
4. Committed indiscriminately.
Note, however, that in Section 4 of Presidential Decree No.
532, the act of aiding pirates or abetting piracy is penalized as a
crime distinct from piracy. Said section penalizes any person
who knowingly and in any manner aids or protects pirates, such
as giving them information about the movement of the police or
other peace officers of the government, or acquires or receives
property taken by such pirates, or in any manner derives any
benefit therefrom; or who directly or indirectly abets the
commission of piracy. Also, it is expressly provided in the same
section that the offender shall be considered as an accomplice
of the principal offenders and punished in accordance with the
Revised Penal Code. This provision of Presidential Decree No.
532 with respect to piracy in Philippine water has not been
incorporated in the Revised Penal Code. Neither may it be
considered repealed by Republic Act No. 7659 since there is
nothing in the amendatory law is inconsistent with said section.
Apparently, there is still the crime of abetting piracy in
Philippine waters under Presidential Decree No. 532