People vs. Dela PEÑA (2018)

PEOPLE OF THE PHILIPPINES vs. MAXIMO DELA PEÑA ET. AL

G.R. No. 219581, January 31, 2018

DEL CASTILLO, J.:

Facts: Appellant was charged, with the crime of piracy defined under Presidential Decree (PD) No. 532 allegedly committed as follows that on or about the 24th day of September 2005, along the river bank of Barangay San Roque, Province of Samar, the accused, conspiring and mutually helping one another, with deliberate intent to gain, by means of force and intimidation, feloniously take and carry away valuable items (13 sacks of dried coconuts valued at P7,537.00; 2 pieces automatic watch valued at P6,796.00; 1 piece ([S]audi gold) valued at P4,731.00; 1 [N]okia cellphone 3350 valued at P3,615.00[;] 1 unit Briggs and [Stratton] 16 horse power with propeller valued at P26,000.00[;] cash money worth [P]1,000.00, all amounting to P49,679.00 to the damage and prejudice of the said owner.

Appellant interposed an alibi and claimed that the Information did not state that the vessel in question was in Philippine waters.

Issue: Whether or not appellant is guilty of piracy.

Ruling: Yes, the elements of piracy under PD 532 are all present.

Section 2(d) of PD 532 defines piracy as follows: Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters shall be considered as piracy.

Under Section 2(a) of PD 532, "Philippine waters" is defined as follows: [A]ll bodies of water, .x x x and all other waters belonging to the Philippines x x x and other submarine areas over which the Philippines has sovereignty or jurisdiction.

It is clear that a river is considered part of Philippine waters. The Information also clearly alleged that the vessel's cargo, equipment, and personal belongings of the passengers were taken by the appellant and his armed companions. The appellant was able to seize these items when he, along with armed companions, boarded the victims' pump boat and seized control of the same.

Ratio Decidendi: Positive identification prevails over alibi since the latter can easily be fabricated and is inherently unreliable.

Gist: This is an appeal assailing the Decision of the CA which affirmed with modification the decision of the RTC finding him guilty beyond reasonable doubt of the crime of piracy.