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  • People of The Philippines, Plaintiff-Appellee, vs. Maximo Dela Peña

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    Maximo was charged with and found guilty of piracy under Presidential Decree 532 for boarding a pump boat along a river in the Philippines and seizing cargo, equipment, and personal items at gunpoint. The issues were whether the information properly alleged the crime occurred in Philippine waters and whether the sentence of life imprisonment without parole was proper. The court ruled 1) rivers are considered Philippine waters under the law, so piracy was properly charged, and 2) because the seizure involved boarding the vessel, life imprisonment without parole was the correct penalty in lieu of the prohibited death penalty.

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    pp v dela pena digest, 2 issues

    Original Title

    People of the Philippines, Plaintiff-Appellee, Vs. Maximo Dela Peña

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    Maximo was charged with and found guilty of piracy under Presidential Decree 532 for boarding a pump boat along a river in the Philippines and seizing cargo, equipment, and personal items at gunpoint. The issues were whether the information properly alleged the crime occurred in Philippine waters and whether the sentence of life imprisonment without parole was proper. The court ruled 1) rivers are considered Philippine waters under the law, so piracy was properly charged, and 2) because the seizure involved boarding the vessel, life imprisonment without parole was the correct penalty in lieu of the prohibited death penalty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    2K views2 pages

    People of The Philippines, Plaintiff-Appellee, vs. Maximo Dela Peña

    Uploaded by

    skacc
    Maximo was charged with and found guilty of piracy under Presidential Decree 532 for boarding a pump boat along a river in the Philippines and seizing cargo, equipment, and personal items at gunpoint. The issues were whether the information properly alleged the crime occurred in Philippine waters and whether the sentence of life imprisonment without parole was proper. The court ruled 1) rivers are considered Philippine waters under the law, so piracy was properly charged, and 2) because the seizure involved boarding the vessel, life imprisonment without parole was the correct penalty in lieu of the prohibited death penalty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    FIRST DIVISION

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


    PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAXIMO DELA PEÑA, accused-
    appellant. / ROMY REAL, DANNY REAL and ONYONG REYES, accused.

    DEL CASTILLO, J p:

    FACTS:

    An Information was filed against Maximo, charging him with the crime of piracy defined
    under Presidential Decree (PD) No. 532. It substantially stated that on the 24th of September,
    along the riverbank of Barangay San Roque, Municipality of Villareal, Province of Samar,
    Philippines, Maximo and his companions, by means of force and intimidation took and carry
    away the specified cargo, boat equipment and personal items, to the damage of the owners. As it
    was, Maximo and his companions, in seizing said items, boarded the pump boat and pointed their
    firearms at Julita’s family inside that boat.

    Subsequently, the trial court found Maximo guilty as charged and sentenced him to suffer
    the penalty of reclusion perpetua without eligibility for parole.

    ISSUE:

    I. Whether or not the Information, in stating that the incident happened along the
    river of Barangay San Roque, Municipality of Villareal, Province of Samar, Philippines, properly
    alleged that the vessel in question was in the Philippine waters as to constitute the crime of
    piracy under P.D. 532.

    II. Whether or not the sentence of reclusion perpetua without eligibility for parole
    was proper.

    RULING:

    I. Yes, the Information, in stating that the incident happened along the river of Barangay
    San Roque, Municipality of Villareal, Province of Samar, Philippines, properly alleged that the
    vessel in question was in the Philippine waters as to constitute the crime of piracy under P.D.
    532.

    Under Section 2 (a) of PD 532, "Philippine waters" is defined as, “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.” Thus, a river is considered part of Philippine waters.
    II. Yes, the sentence of reclusion perpetua without eligibility for parole was proper.

    Section 3 of PD 532, provides that any person who commits piracy, the mandatory
    penalty of death shall be imposed “when the seizure is accomplished by firing upon or boarding
    a vessel.” In this case, the seizure of the vessel and its cargo was accomplished by boarding the
    vessel, hence, in lieu of the death penalty prohibited under Section 3, PD 532, reclusion perpetua
    without eligibility for parole is correct.

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