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PEOPLE v.

LOL-LO AND SARAW


G.R. No. 17958 (43 Phil 19), February 27, 1922

ART. 122 - PIRACY

FACTS:

Six Moro vintas intercepted two Dutch boats which were on its way between the
islands of Buang and Bukid in the Dutch East Indies. The vintas were manned by
24 armed Moros. The Dutch boats were carrying men, women and children. At first,
the Moros asked for food, but once on the Dutch boats, took for themselves all the
vessels cargo, attacked some of the men and brutally violated 2 of the women by
methods too horrible to be described. All of the persons on the boat, with the
exception of the 2 young women, were again placed on it and holes were made on it,
with the idea that it would submerge. Two of the Moro pirates, later identified as
Lol-lo and Saraw, later returned to Tawi-tawi, Sulu where they were arrested and
was charged with piracy at the CFI.

The Moros interposed a demurrer, saying that the charge was not within the
jurisdiction of the CFI, nor of any court in the Philippines, since facts did not
constitute a public offense under Philippine laws

ISSUE:

Whether the CFI in the Philippines have jurisdiction over Lol-lo and Saraw.

HELD:

Yes. The CFI of Sulu has jurisdiction on the case.

Pirates are in law hostes humani generis (enemy of mankind). 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.