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    The appellant was charged with piracy under Presidential Decree 532 for attacking and seizing a vessel along a river bank in the Philippines. The appellant claimed alibi and argued the information did not state the vessel was in Philippine waters. However, the court found the elements of piracy were met as Philippine waters include rivers and the information alleged the appellant took cargo, equipment and belongings by force while armed. The court affirmed the appellant's conviction, finding positive identification prevails over alibi which can be fabricated.

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    People v Dela Pena

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    The appellant was charged with piracy under Presidential Decree 532 for attacking and seizing a vessel along a river bank in the Philippines. The appellant claimed alibi and argued the information did not state the vessel was in Philippine waters. However, the court found the elements of piracy were met as Philippine waters include rivers and the information alleged the appellant took cargo, equipment and belongings by force while armed. The court affirmed the appellant's conviction, finding positive identification prevails over alibi which can be fabricated.

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    357 views1 page

    People V Dela Pena

    Uploaded by

    VergelGerona
    The appellant was charged with piracy under Presidential Decree 532 for attacking and seizing a vessel along a river bank in the Philippines. The appellant claimed alibi and argued the information did not state the vessel was in Philippine waters. However, the court found the elements of piracy were met as Philippine waters include rivers and the information alleged the appellant took cargo, equipment and belongings by force while armed. The court affirmed the appellant's conviction, finding positive identification prevails over alibi which can be fabricated.

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    of 1

    People vs.

    Dela PEÑA (2018)

    PEOPLE OF THE PHILIPPINES vs. MAXIMO DELA PEÑA ET. AL

    G.R. No. 219581, January 31, 2018

    Facts: Appellant was charged, with the crime of piracy defined under Presidential Decree (PD) No. 532
    allegedly committed as follows that on or about the 24th day of September 2005, along the river bank of
    Barangay San Roque, Province of Samar, the accused, conspiring and mutually helping one another, with
    deliberate intent to gain, by means of force and intimidation, feloniously take and carry away valuable
    items (13 sacks of dried coconuts valued at P7,537.00; 2 pieces automatic watch valued at P6,796.00; 1
    piece ([S]audi gold) valued at P4,731.00; 1 [N]okia cellphone 3350 valued at P3,615.00[;] 1 unit Briggs
    and [Stratton] 16 horse power with propeller valued at P26,000.00[;] cash money worth [P]1,000.00, all
    amounting to P49,679.00 to the damage and prejudice of the said owner.

    Appellant interposed an alibi and claimed that the Information did not state that the vessel in question
    was in Philippine waters.

    Issue: Whether or not appellant is guilty of piracy.

    Ruling: Yes, the elements of piracy under PD 532 are all present.

    Section 2(d) of PD 532 defines piracy as follows: 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.

    Under Section 2(a) of PD 532, "Philippine waters" is defined as follows: [A]ll bodies of water, .x x x and
    all other waters belonging to the Philippines x x x and other submarine areas over which the Philippines
    has sovereignty or jurisdiction.

    It is clear that a river is considered part of Philippine waters. The Information also clearly alleged that
    the vessel's cargo, equipment, and personal belongings of the passengers were taken by the appellant
    and his armed companions. The appellant was able to seize these items when he, along with armed
    companions, boarded the victims' pump boat and seized control of the same.

    Ratio Decidendi: Positive identification prevails over alibi since the latter can easily be fabricated and is
    inherently unreliable.

    Gist: This is an appeal assailing the Decision of the CA which affirmed with modification the decision of
    the RTC finding him guilty beyond reasonable doubt of the crime of piracy.

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