FACTS:

March 2, 1991, "M/T Tabangao," a cargo vessel owned by the PNOC Shipping and
Transport Corporation, was sailing off the coast of Mindoro. The vessel was suddenly
boarded with the use of an aluminum ladder, by seven fully armed pirates including Tulin,
Loyola, and Infante, Jr. They detained the crew and took complete control of the vessel.
The crew was forced to sail to Singapore where another vessel called "Navi Pride"
anchored beside it.

The crew was ordered to transfer the cargo of “M/T Tabangao” to “Navi Pride”. Accused-
appellant Cheong San Hiong supervised the crew of "Navi Pride" in receiving the cargo. On
April 8, 1991, "M/T Tabangao" arrived at Calatagan, Batangas, but the vessel remained at
sea. On April 10, 1991, the members of the crew were released in three batches. On April
12, 1991, the Chief Engineer, accompanied by the members of the crew, called the PNOC
Shipping and Transport Corporation office to report the incident. NBI received verified
information that the pirates were present at U.K. Beach, Balibago, Calatagan, Batangas.

The accused was then arrested. On October 24, 1991, a case of qualified piracy was filed
against the accused in violation of Presidential Decree No. 532 (Piracy in Philippine
Waters).

ISSUE:

Whether or not the accused-appellants violated PD No. 532 (Piracy In Philippine Waters).

RULLING:

Upon arraignment, accused-appellants pleaded not guilty to the charge. They

maintained the defense of denial, and disputed the charge.

After trial, decision was rendered convicting accused-appellants of the crime

charged guilty beyond reasonable doubt, as principals, of the crime of piracy in
Philippine Waters defined in Section 2(d) of Presidential Decree No. 532. Cheong
San Hiong, as accomplice to said crime was given DEATH as a penalty Under
Section 3(a) of the said law. However, considering that under the 1987 Constitution,
the Court cannot impose the death penalty, the accused are hereby each meted the
penalty of RECLUSION PERPETUA.

The accused Roger Tulin, Virgilio Loyola, Andres Infante, Jr. and Cecilio Changco
are hereby ordered to return to the PNOC Shipping and Transport Corporation the
"M/T Tabangao" or if the accused can no longer return the same, the said accused
are hereby ordered to remit, jointly and severally, to said corporation the value
thereof in the amount of P11,240,000.00, Philippine Currency, with interests thereon,
at the rate of 6% per annum. They were also hereby ordered to return to the Caltex
Philippines, Inc. the cargo of the "M/T Tabangao", or if the accused can no longer
return the said cargo to said corporation, all the accused are hereby condemned to
pay, jointly and severally, to the Caltex Refinery, Inc., the value of said cargo in the
 amount of P40,426,793.87, Philippine Currency plus interests. After the accused
Cheong San Hiong has served his sentence, he shall be deported to Singapore.

SO ORDERED.

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On the other hand, Section 2 of Presidential Decree No. 532 provides:

SECTION 2. Definition of Terms. — The following shall mean and be understood, as

follows:

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 (Italics supplied).

Article 122 of the Revised Penal Code, used to provide:

ARTICLE 122. Piracy in general and mutiny on the high seas. — The penalty of
reclusion temporal shall be inflicted upon any person who, on the high seas, shall
attack or seize a vessel or, not being a member of its complement nor a passenger,
shall seize the whole or part of the cargo of said vessel, its equipment, or personal
belongings of its complement or passengers.

(Italics supplied.)