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People of The Philippines Vs Lol-Lo and Saraw

- Lol-Lo and Saraw, two Muslims from Mindanao, were charged with piracy for crimes allegedly committed in the seas of present-day Indonesia. - They argued Philippine courts did not have jurisdiction as the crimes were not committed in Philippine territory. - However, the court ruled it had jurisdiction over piracy charges as piracy is a crime against all mankind that can be prosecuted in any country where the offenders are found.

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1K views7 pages

People of The Philippines Vs Lol-Lo and Saraw

- Lol-Lo and Saraw, two Muslims from Mindanao, were charged with piracy for crimes allegedly committed in the seas of present-day Indonesia. - They argued Philippine courts did not have jurisdiction as the crimes were not committed in Philippine territory. - However, the court ruled it had jurisdiction over piracy charges as piracy is a crime against all mankind that can be prosecuted in any country where the offenders are found.

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Sbl Irv
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People of the Philippines

Vs
Lol-Lo and Saraw
SUMMARY:

• A charge of Piracy was meted against Lol-Lo and


Saraw, both Muslims from Mindanao
• The crime was allegedly committed in the seas of
present day Indonesia (then part of the Dutch East
Indies)
FACTS:
• A group of Pirates sailing in an armada of vinta asked for help from a
passenger boat ridden by Dutch subjects.
• At first the pirates asked for food but later on sacked the boat’s possession
and raped the women aboard. There was also an attempt to sink the said
boat while the passengers were left there to die.
• Two women were also held hostage and was violated for weeks.
• Among the pirates who took part was Lol-Lo and Saraw who were arrested
in the Philippines, they were charged with Piracy.
Prosecution: Lol-Lo and Saraw’s
Defense
* Lol-Lo and Saraw should be  No Philippine Court has
held liable for Piracy as jurisdiction over the accused
defined, treated and its because the crime was not
penalties provided for by the committed in the territory
Codigo Penal.
•Whether or not the Philippine
Courts has jurisdiction over the case.
•Whether or not the Codigo Penal
(Penal Code) is still in force
the Court of First Instance has jurisdiction of the
case. Pirates are in law hostes humani generis.
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."
• The general rules of public law recognized and acted on by the
United States relating to the effect of a transfer of territory from
another State to the United States are well-known. The political
law of the former sovereignty is necessarily changed. The
municipal law in so far as it is consistent with the Constitution,
the laws of the United States, or the characteristics and
institutions of the government, remains in force. As a corollary
to the main rules, laws subsisting at the time of transfer,
designed to secure good order and peace in the community,
which are strictly of a municipal character, continue until by
direct action of the new government they are altered or
repealed.

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