1. Concept
| Article 122. Piracy in general and mutiny on the high seas. – The penalty of reclusion temporal shall be inflicted upon any person who, on the high seas, shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. |
| The same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
2 modes of committing the crime:
1) Offender is a member of the ship or a passenger; or
2) Offender is not a member of the ship nor a passenger.
a. Offender is a member of the ship or a passenger; or
Elements:
1) The offender is a member of ship’s complement or a passenger; and,
2) The offender attacks or seizes the vessel on the high seas. (Article 122, Act No. 3815, Revised Penal Code)
b. Offender is not a member of the ship nor a passenger
Elements:
1) The offender is not a member of its complement nor a passenger; and,
2) The offender seizes the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers on the high seas. (Article 122, Act No. 3815, Revised Penal Code)
3. Qualified Piracy
| Article 123. Qualified piracy. – The penalty of reclusion temporal to death shall be imposed upon those who commit any of the crimes referred to in the preceding article, under any of the following circumstances: |
| 1. Whenever they have seized a vessel by boarding or firing upon the same; |
| 2. Whenever the pirates have abandoned their victims without means of saving themselves; or |
| 3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (Act No. 3815, Revised Penal Code) |
Qualifying circumstances:
1) Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves; or,
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (Article 123, Revised Penal Code)
