Could theft be committed on board a vessel?

Yes. The essence of piracy is one of robbery.

Elements of mutiny

1. The vessel is on the high seas or Philippine waters;

2. Offenders are either members of its complement, or passengers of the vessel;

3. Offenders either –

a. attack or seize the vessel; or

b. seize the whole or part of the cargo, its equipment, or personal belongings of the
crew or passengers.

Mutiny is the unlawful resistance to a superior officer, or the raising of commotions and
disturbances aboard a ship against the authority of its commander.

Distinction between mutiny and piracy

(1) As to offenders

Mutiny is committed by members of the complement or the passengers of the vessel.

Piracy is committed by persons who are not members of the complement or the
passengers of the vessel.

(2) As to criminal intent

In mutiny, there is no criminal intent.

In piracy, the criminal intent is for gain.

Article 123. Qualified Piracy

Elements

1. The vessel is on the high seas or Philippine waters:

2. Offenders may or may not be members of its complement, or passengers of the vessel;

3. Offenders either –

a. attack or seize the vessel; or

 b. seize the whole or part of the cargo, its equipment., or personal belongings of the
crew or passengers;

5. The preceding were committed under any of the following circumstances:

a. whenever they have seized a vessel by boarding or firing upon the same;

b. whenever the pirates have abandoned their victims without means of saving
themselves; or

c. whenever the crime is accompanied by murder, homicide, physical injuries or

rape.

If any of the circumstances in Article123 is present, piracy is qualified. Take note of the specific
crimes involve in number 4 c (murder, homicide, physical injuries or rape). When any of these
crimes accompany piracy, there is no complex crime. Instead, there is only one crime
committed – qualified piracy. Murder, rape, homicide, physical injuries are mere circumstances
qualifying piracy and cannot be punished as separate crimes, nor can they be complexed with
piracy.

Although in Article 123 merely refers to qualified piracy, there is also the crime of qualified
mutiny. Mutiny is qualified under the following circumstances:

(1) When the offenders abandoned the victims without means of saving themselves; or

(2) When the mutiny is accompanied by rape, murder, homicide, or physical injuries.

Note that the first circumstance which qualifies piracy does not apply to mutiny.

Republic Act No. 6235 (The Anti Hi-Jacking Law)

Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this
crime is known as aircraft piracy.

Four situations governed by anti hi-jacking law:

(1) usurping or seizing control of an aircraft of Philippine registry while it is in flight,

compelling the pilots thereof to change the course or destination of the aircraft;

(2) usurping or seizing control of an aircraft of foreign registry while within Philippine
territory, compelling the pilots thereof to land in any part of Philippine territory;

(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in
the Philippines, any flammable, corrosive, explosive, or poisonous substance; and

(4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in
the Philippines, any flammable, corrosive, explosive, or poisonous substance if this was
 done not in accordance with the rules and regulations set and promulgated by the Air
Transportation Office on this matter.

Between numbers 1 and 2, the point of distinction is whether the aircraft is of Philippine registry
or foreign registry. The common bar question on this law usually involves number 1. The
important thing is that before the anti hi-jacking law can apply, the aircraft must be in flight. If
not in flight, whatever crimes committed shall be governed by the Revised Penal Code. The
law makes a distinction between aircraft of a foreign registry and of Philippine registry. If the
aircraft subject of the hi-jack is of Philippine registry, it should be in flight at the time of the hi-
jacking. Otherwise, the anti hi-jacking law will not apply and the crime is still punished under the
Revised Penal Code. The correlative crime may be one of grave coercion or grave threat. If
somebody is killed, the crime is homicide or murder, as the case may be. If there are some
explosives carried there, the crime is destructive arson. Explosives are by nature pyro-
techniques. Destruction of property with the use of pyro-technique is destructive arson. If there
is illegally possessed or carried firearm, other special laws will apply.

On the other hand, if the aircraft is of foreign registry, the law does not require that it be in flight
before the anti hi-jacking law can apply. This is because aircrafts of foreign registry are
considered in transit while they are in foreign countries. Although they may have been in a
foreign country, technically they are still in flight, because they have to move out of that foreign
country. So even if any of the acts mentioned were committed while the exterior doors of the
foreign aircraft were still open, the anti hi-jacking law will already govern.

Note that under this law, an aircraft is considered in flight from the moment all exterior doors are
closed following embarkation until such time when the same doors are again opened for
disembarkation. This means that there are passengers that boarded. So if the doors are closed
to bring the aircraft to the hangar, the aircraft is not considered as in flight. The aircraft shall be
deemed to be already in flight even if its engine has not yet been started.