P.D.

532
Anti- Piracy and Anti-Highway Robbery Law of 1974

THE DEFINITION OF PIRACY AND RELATED

TERMS UNDER P.D. 532
Piracy is 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 (Sentence 1, Section
2-d, Pres. Decree 532).

THE DEFINITION OF PIRACY AND RELATED

TERMS UNDER P.D. 532
What are Actus Reus deemed to be Piracy?
1. attack upon a vessel;
2. Seizure of a vessel;
3. the taking away of 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.

THE DEFINITION OF PIRACY AND RELATED

TERMS UNDER P.D. 532
Who commits piracy?

ANY PERSON, regardless of whether he is a crew member,

passenger or an outsider. What is controlling is the fact that he
committed the Actus Reus that composes piracy. The offenders
shall be considered as pirates.

THE DEFINITION OF PIRACY AND RELATED

TERMS UNDER P.D. 532
Where does one commit piracy under P.D. 532?

General Rule: Philippine Waters (Sec. 2-d, P.D. 532).

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 (Sec. 2-a, P.D. 532).

THE DEFINITION OF PIRACY AND RELATED

TERMS UNDER P.D. 532
Where does one commit piracy under P.D. 532?

Exception: Article 2 (1) and Article 2 (5) of the Revised Penal

Code.
According to experts on the subject matter, the extra-territoriality
principle applies to P.D. 532, since piracy falls under acts mentioned
in Art. 2 (5) of the RPC.

THE DEFINITION OF PIRACY AND RELATED

TERMS UNDER P.D. 532
What is considered a 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 (Section 2 -b,
Pres. Dec. 532).

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES

Under Art. 122, the penalty for piracy in general is reclusion perpetua;
Under P.D. 532, the penalty for piracy in general is reclusion temporal
in its medium and maximum periods .

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES

Under Art. 123, the penalty for qualified piracy is reclusion

perpetua to death, but..

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES

In P.D. 532, the penalty for qualified piracy depends on the

acts accompanying the piracy or the results of the piracy.

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES (Qualified Piracy)

If physical injuries or other crimes are committed as a result or on

the occasion thereof, the penalty of reclusion perpetua shall be
imposed.

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES (Qualified Piracy)

death shall be imposed:

1.) If rape, murder or homicide is committed as a result or on the
occasion of piracy, or;

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES (Qualified Piracy)

death shall be imposed:

2.) when the offenders abandoned the victims without means of
saving themselves, or;

COMPARISON OF P.D. 532 (1974) TO

PROVISIONS REGARDING PIRACY UNDER THE
RPC (1930)
AS TO THE PENALTIES (Qualified Piracy)

death shall be imposed:

3.) when the seizure is accomplished by firing upon or boarding a
vessel;

DID P.D. 532 AMEND/REPEAL THE

PROVISIONS OF THE RPC ON PIRACY?
YES. Under Section 5 of the said act (its repealing clause), it states that:
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.

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
HIGHWAY ROBBERY OR 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 (Sec.
2-e, P.D. 532).

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
HIGHWAY ROBBERY OR BRIGANDAGE IS COMMITTED IN A:

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. (Section 2-c, P.D. 532)

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
PENATIES FOR HIGHWAY ROBBERY OR BRIGANDAGE

[For 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 (Sec. 3-b, P.D. 532).

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
Aiding pirates or highway robbers/brigands or abetting piracy or
highway robbery/brigandage (Sec.4, PD 532)

Commited by any person who:

1. 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;

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
Aiding pirates or highway robbers/brigands or abetting piracy or
highway robbery/brigandage (Sec.4, PD 532)

Committed by any person who:

2. acquires or receives property taken by such pirates or brigands or in any
manner derives any benefit therefrom;

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
Aiding pirates or highway robbers/brigands or abetting piracy or
highway robbery/brigandage (Sec.4, PD 532)

Committed by any person who:

3. directly or indirectly abets the commission of piracy or highway robbery
or brigandage.

OTHER CRIMES PUNISHED BY

PRES. DECREE 532
Aiding pirates or highway robbers/brigands or abetting piracy or
highway robbery/brigandage (Sec.4, PD 532)

They shall be considered as an accomplice of the principal offenders

and be punished in accordance with the Rules prescribed by the Revised
Penal Code.

QUESTIONS AND ANSWERS TO THE

BAR (2008 BAR EXAMINATION)
Facts
The inter-island vessel M/V Viva Lines I, while cruising off Batanes,
was forced to seek shelter at the harbor of Kaoshiung, Taiwan
because of a strong typhoon. While anchored in said harbor, Max,
Baldo and Bogart arrived in a speedboat, fired a bazooka at the bow
of the vessel, boarded it and divested the passengers of their money
and jewelry. A passenger of M/V Viva Lines I, Dodong advantage of
the confusion to settle an old grudge with another passenger, and
killed him. After their apprehension, all four were charged with
qualified piracy before a Philippine court.

QUESTIONS AND ANSWERS TO THE

BAR (2012 BAR EXAMINATION)
Sub-question A
Was the charge of qualified piracy against the three person ( Max,
Badong and Bogart ) who boarded the inter-island vessel correct?
Explain. ( 3% )

QUESTIONS AND ANSWERS TO THE

BAR (2012 BAR EXAMINATION)
Sub-question B
Was Dodong correctly charged before the Philippine court for
qualified piracy? Explain. ( 3% )

QUESTIONS AND ANSWERS TO THE

BAR (2012 BAR EXAMINATION)
Facts

A postal van containing mail matters, including checks and treasury

warrants, was hijacked along a national highway by ten (1 0) men, two (2)
of whom were armed. They used force, violence and intimidation against
three (3) postal employees who were occupants of the van, resulting in the
unlawful taking and asportation of the entire van and its contents.

QUESTIONS AND ANSWERS TO THE

BAR (2012 BAR EXAMINATION)
Sub-question A
If you were the public prosecutor, would you charge
the ten (10) men who hijacked the postal van with
violation of Presidential Decree No. 532, otherwise
known as the Anti-Piracy and Anti -Highway Robbery
Law of 1974? Explain your answer. (5%)

QUESTIONS AND ANSWERS TO THE

BAR (2012 BAR EXAMINATION)
Sub-question B
If you were the defense counsel, what are the
elements of the crime of highway robbery that the
prosecution should prove to sustain a conviction?
(5%)