People v Lol-Lo and Saraw

• Jurisdiction: Filipinas
• Docket Number: 112
• Court: Supreme Court (Philippines)
• Date: 27 February 1922

United States, Supreme Court of the Philippine Islands.

Case No. 112

People

and

Lol-Lo and Saraw.

High Seas — Piracy — Robbery and Rape — Piracy Committed in Territorial Waters of a Foreign State.

The Facts.—This was a prosecution for piracy. Certain Moros from the Philippines boarded a small Dutch boat in the vicinity of the Dutch East Indies, attacked the men on board, violated the women, and took the cargo. They left the men on board the vessel, after scuttling it so that it would sink, and carried off with them two women whom they repeatedly raped. The men escaped drowning and reached land after many privations, while the women escaped when the Moros put into a port of the Dutch East Indies. After the Moros returned to the Philippines, two of them were arrested and charged with piracy in the Court of First Instance of Sulu. A demurrer based on an alleged lack of jurisdiction and on failure of the facts to constitute an offence under the present laws was overruled. They were convicted and sentenced to life imprisonment. The Penal Code of Spain, in force in the Philippines, provided for punishment of piracy against Spaniards or subjects of countries at peace with Spain. On appeal by the prisoners to the Supreme Court of the Philippines,

Held: That the appeal must be disallowed, but that sentence must be modified so as to inflict the death penalty on Lol-lo, who had been guilty of rape. The Court held that it had jurisdiction. Delivering the Opinion of the Court, Justice Malcolm said: “All of the elements of the crime of piracy are present. Piracy is robbery or forcible depredation on the high seas, without lawful authority and done animo furandi, and...