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FACTS: Isaias Macalisang was critically wounded in an ambush that occurred in the town of Sinacaban, Misamis Occidental.

He was lifted by Benjamin Lopez and Fr. Bourke in the latters jeep to bring him to Ozamis City for treatment. While the jeep was in Barrio Casoy of Sinacaban, Macalisang shoot Francisco Dano killing him. Macalisang pleads that he was unconscious at the time the act was committed. Dr. Rico Medina, his attending physician said that appellant was in a very serious condition when brought to the hospital and has a very big probability to be unconscious during the incident because of the bullet wound he suffered at the tip of the penis that pierced the right lateral portion of the scrotum. He stressed, however, that it was possible that Macalisang could "recover consciousness after 10 minutes," could have recognized persons, and could have been in full control of the upper extremities. ISSUE: whether Macalisang may be held liable for killing Dano HELD: The court ruled that Macalisang is liable for killing dano for he was conscious at that time. Appellant admitted to Captain Benjamin Rafols that he I was the one who shot Mr. Dano. This statement is definite, although the captain stated that Macalisang was confused as to the shooting incident that occurred earlier in the morning. The court Further held that, a criminal act is presumed to be voluntary. At any rate, between the self-serving version of appellant and the indecisive testimony of his doctor, on the one hand, and the positive assertion of Fr. Bourke, witness Lopez and Capt. Rafols, on the other, the choice is clear. Fact prevails over assumption.

Two boats left matuta, a Dutch possession, for Peta, another Dutch possession. After a number of days of navigation, the second boat arrived between the Islands of Buang and Bukid in the Dutch East Indies. There the boat was surrounded by six vintas manned by twenty-four Moros all armed who take all of the cargo, attacked some of the men, and brutally violated two of the women by methods too horrible to the described. All of the persons on the Dutch boat, with the exception of the two young women, were again placed on it and holes were made in it, the idea that it would submerge, although it did not materialize. Two of the marauders, Lol-lo and Saraw later returned to their home in Sulu. Where they were arrested and were charged in the Court of First Instance of Sulu with the crime of piracy. They contended that the offense charged was not within the jurisdiction any court of the Philippine Islands, and that the facts did not constitute a public offense, under the laws in force in the Philippine Islands

The Court ruled Pirates are in law hostes humani generis. Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. The jurisdiction of piracy unlike all other crimes has no territorial limits. As it is against all so may it be punished by all. Nor does it matter that the crime was committed within the jurisdictional 3-mile limit of a foreign state, "for those limits, though neutral to war, are not neutral to crimes."

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