What are the elements of piracy under PD 532?
1) Attack or seizure of a vessel or its cargo 2) In Philippine waters 3) By any person (including passengers or crew) 4) With intent to gain
Is piracy under PD 532 limited to strangers to the vessel?
No. Even passengers or crew members may commit piracy.
What qualifies piracy under PD 532?
When accompanied by murder, homicide, physical injuries, or rape.
Is intent to gain necessary in piracy under PD 532?
Yes. Animus lucrandi is required.
Doctrine: Piracy is a crime against what?
It is a crime against humanity.
Is piracy a continuing offense?
Yes. It continues as long as the illegal detention or control of the vessel persists.
Distinguish piracy under RPC and PD 532.
RPC piracy applies to high seas; PD 532 applies to Philippine waters.
Elements of highway robbery under PD 532
1) Robbery on a Philippine highway 2) Violence or intimidation 3) Intent to gain 4) Victims are chosen indiscriminately
Key doctrine: What distinguishes highway robbery from ordinary robbery?
Highway robbery is directed against any person indiscriminately, not a specific intended victim.
Is a pre-identified victim consistent with highway robbery?
No. If the victim is pre-selected, it is ordinary robbery.
Is conspiracy common in highway robbery cases?
Yes. Brigandage typically involves more than one offender.
Elements of illegal possession of firearm under RA 10591
1) Existence of firearm 2) actual or constructive Possession by accused 3) Lack of license or authority
Who has burden to prove lack of license?
The prosecution must prove the negative fact of absence of license.
What happens if the firearm is used in homicide or murder?
Illegal possession is absorbed; use becomes an aggravating circumstance.
Is mere possession sufficient for conviction?
Yes, if conscious and without license.
Is intent to use required for illegal possession?
No. Mere possession without license suffices.
Doctrine: Possession must be what kind?
Actual or constructive possession with intent to possess.
Law penalizing obstruction of justice
PD 1829.
Elements of obstruction of justice
1) A crime has been committed 2) Accused performs acts to prevent apprehension, prosecution, or conviction
Examples of acts under PD 1829
Harboring offender; destroying evidence; preventing witnesses from testifying; misleading police.
Is knowledge of the crime required?
Yes. The accused must know that a crime has been committed.
Can a principal in the crime be liable for obstruction?
No. One cannot obstruct justice in his own case.
Who may be liable under RA 3019?
Public officers and private individuals conspiring with them.
Elements of Section 3(e) RA 3019
1) Public officer 2) Act done in official capacity 3) Caused undue injury OR gave unwarranted benefits 4) Through manifest partiality, evident bad faith, or gross negligence
