Beruflich Dokumente
Kultur Dokumente
Misa
Facts: Laurel , a Filipino citizen, gave aid and comfort to the japanese forces. He
was Prosecuted for treason. Laurel contends that sovereignty of the legitimate
government in the philippines was suspended, his allegiance to the philippines
was also suspended.
Issue: Whether there is a suspension of sovereignty during t he Japanese
occupation.
Held: No, Citizens owe absolute or permanent allegiance to his government.
This absolute allegiance is not abrogated by enemy occupation because the
sovereignty of the government de jure is not transferred there by to the
occupier. What may be suspended is the exercise of the rights of sovereignty
passing temporarily to the occupant, and not the allegiance which subsists with
the subsistence of the sovereignty of the legitimate government.
Facts: Rodriguez, et. Al. were crew members of M/V Moria 767. They stole
equipments and personal properties of the crew members and passengers. Ten
dead bodies were seen at the wharf as victims of the sea-jacking. Appellants
contest the imposition of death penalty.
Issue: Whether death is the proper imposable penalty.
Held: Yes. Where rape, murder, or homicide is committed in the crime of
piracy, the penalty imposable is mandatory death penalty according to PD 532
amending RPC Article 134.
Facts: with the use of pump-bouts, Siyoh, et. Al. were able to divest money and
goods from de Guzman and his companions on the way to Mataja Island. The
victims were killed. They were convicted of qualified piracy with triple murder
and frustrated murder.
Issue: Whether in qualified piracy, the number of victims must be considered.
Held: No. Number of persons killed on the occasion of piracy is not Material.
PD 532 considers qualified piracy, i.e. rape, murder or homicide is committed as
a result or on occasion of piracy, as a special complex crime punishable by death
regardless of the number of victims.
Facts: Tulin et al were convicted of qualified piracy under PD 532 Cheong San
Hiong explains that he was charged with qualified piracy under Sec 2 of PD 532
which refers to Philippine waters but was convicted for acts done outside the
Philippine water or territory
Issue: Whether Hiong may be held liable for acts executed outside the
Philippine waters and territory.
Held: Yes. Although PD 532 requires that the attack and seizure of the vessel
and its cargo be committed in Philippine waters, the disposition by the pirates of
the vessel and its cargo is still deemed part of the act of piracy, hence, the same
need not be committed in the Philippine waters.
Facts: A wounded “sparrow man”, an NPA member, was arrested while inside a
hospital in connection with a murder of two policemen the day before. The
petitioner asserts that the arrest was illegal.
Issue: whether the warrantless arrest was illegal.
Held: No. Petitioner was arrested for being a member of the NPA, an outlawed
subversive organization. Subversion being a continuing offense, the arrest
without warrant is justified as it can be said that he was committing an offense
when arrested. The crimes of rebellion, subversion, conspiracy or proposal to
commit such crimes, and crimes or offenses committed in furtherance therefore
in connection therewith constitute direct assaults against the state and are in the
nature of crimes.