PEOPLE V.

TULIN
Facts:
- M/T Tabangao, a cargo vessel, manned by 21 crew members was boarded w/ 7 fully armed pirates
- Led by Emilio Changco
- The vessel was painted w/ “Galilee”
- The ship arrived in Singapore but no other vessel came so they went back to Philippines, remained in Batangas
- Tabangao (now Galilee) sailed to Singapore where “Navi Pride” anchored beside it
- A transfer was made by the crew. Hiong supervised the crew of Navi Pride in receiving the cargo
- Completed the transfer and went back to Batangas
- Members of the crew were released in 3 batches
- They were fetched by Cecilio Changco, brother of Emilio Changco
- The Chief Engr. w/ the members of the crew reported the incident and was investigated
- Series of arrest followed
- Tulin was arrested at UK Beach, Bantangas
- Infante, Jr. and Loyola were at Auguinaldo Hi-way
- Hiong and Changco were at Alpha Hotel, BC
- Violation of PD 532 was filed against them
- A transaction was made with Paul Gun, a Singaporean broker, who offered to sell the oil for the amount of SGD
300, 000.00
Issues:
- WON the trial court erred in finding that the prosecution was able to prove beyond reasonable doubt that
accused-appellants committed the crime of qualified piracy?
- WON RA 7659 obliterate the crime committed by Cheong?
- WON Cheong can be convicted as accomplice when he was not charged as such and when the acts allegedly
committed by him where done or executed outside Philippine waters and territory
Held:
- 1st issue: No. Conspiracy existed. Incredible evidences.
- 2nd issue: No. No ambiguity.
o RA 7659 widened the coverage of Article 122 of RPC. It included the Philippine waters, not only
the high seas
o PD 352 embraces every person including “a passenger or member of the complement of said
vessel in PH waters.
 Passenger or not, member of the complement or not, any person is covered by the law.
- 3rd issue: Yes.
o The attack and seizure of M/T Tabangao and its cargo where committed in Philippine waters and
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
o Piracy is an exception to the rules on territoriality in criminal law
o Hiong aided the pirates in disposing of the stolen cargo by personally directing its transfer from
M/T Galilee to Navi Pride