- Respondents have the authority in convening a court martial and in charging the petitioners with violations of Article
96, Articles of War,
- Instant Petition for prohibition = DISMISSED
A. Territorial
- Criminal laws undertake to punish crimes committed within the Philippine territory.
- General Rules: penal code are enforceable ONLY within Philippine territory.
- Crimes committed within the PH is triable within the PH.
-
Exceptions: Article 2, RPC
- Offense is committed within PH airship or vessel.
- Forge or counterfeit any coin or currency note of the PH islands or obligations and securities issued by the
government of the PH islands.
- Should be liable for acts connected with the introduction into these islands of the obligations ans securities
mentioned above.
- While being public officers or employees should commit an offense in the exercise of their functions
- Commits crimes against national security and the law of nations.
Warship & Commercial Ship = different jurisdiction will apply
People vs. Tulin
Related Article: PD 532, RA 7659, RPC Art 2. Sec 1
G.R. No. 111709 Ponente Justice Jose Melo
Doctrine: Tickler:
Philippine Jurisdiction M/T Tabangao, Galilee,
on Crimes committed Singapore, Qualified Piracy,
outside its territory
Summary
- MT Tabangao, a cargo vessel by PNOC was suddenly boarded, by seven fully armed pirates led by Emilio Changco. The
pirates were armed with caliber handguns, and bolos and detained the crew and took complete control of the vessel.
- The pirates changed the name "M/T Tabangao" to “Galilee” into "Galilee," with a registry at San Lorenzo, Honduras.
The crew was forced to sail to Singapore, all the while sending misleading radio messages to PNOC that the ship was
undergoing repairs.
- PNOC reported the ship and its crew missing which prompted the search and rescue operation but failed.
- The ship then cruised in the vicinity of Singapore to wait for another vessel but failed and was forced to return to the
Philippines.
- On the second try, returned to the same area in Singapore and was successful in loading to the ship cargaments from
the ship “Navi Pride”.
- After 9 days the ship returned to the Philippines via Calatagan Batangas but remained at sea for two days. Right after
released detained crew members of MT Tabangao into two batches with stern warning not to report the incident
after two days.
- The detained crew reported the incident to PNOC which resulted to the apprehension of the suspects.
- A series of arrests was thereafter effected and all the accused were charged with qualified piracy or violation of
Presidential Decree No. 532 . They were subsequently convicted of the crime charged. Hence, this appeal.
- Accused Cheong argues that the trial court erred in convicting and punishing him as an accomplice when the acts
allegedly committed by him were done or executed outside of Philippine waters and territory, stripping the Philippine
courts of jurisdiction to hold him for trial, to convict, and sentence.
Facts
- In the evening of March 2, 1991, "M/T Tabangao," a cargo vessel owned by the PNOC Shipping and Transport
Corporation, loaded with kerosene, regular gasoline, and diesel oil was sailing off the coast of Mindoro near Silonay
Island.
- The pirates led by Emilio Changco including accused-appellants Tulin, Loyola, and Infante, Jr.,armed with M-16 rifles, .
45 and .38 boarded the ship using an aluminum ladder boarded the ship and detained 21 crew members, including
Captain Edilberto Libo-on, Second Mate Christian Torralba, and Operator Isaias Ervas. Loyola ordered to alter MT
Tabangao to “Galilee” using black paint on the front and rear portions of the vessel, as well as the PNOC logo on the
chimney of the vessel.
- On March 28, 1991, the "M/T Tabangao" again sailed (since its failure on its first attempt) to and anchored about 10
to 18 nautical miles from Singapore's shoreline where another vessel called "Navi Pride" anchored beside it. Emilio
Changco ordered the crew of "M/T Tabangao" to transfer the vessel's cargo to the hold of "Navi Pride". Accused-
appellant Cheong San Hiong supervised the crew of "Navi Pride" in receiving the cargo. The transfer, after an
interruption, with both vessels leaving the area, was completed on March 30, 1991.
On April 8, 1991, "M/T Tabangao" arrived at Calatagan, Batangas, but the vessel remained at sea. On April 10, 1991, the
members of the crew were released in three batches with the stern warning not to report the incident to government
authorities for a period of two days or until April 12, 1991, otherwise they would be killed. The first batch was fetched from the
shoreline by a newly painted passenger jeep driven by accused-appellant Cecilio Changco, brother of Emilio Changco, who
brought
