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PEOPLE v. MAXIMO DELA PEÑA

FACTS:

Maximo De La Peña (appellant) filed an appeal assailing the decision of the Court of Appeals (CA) affirming his conviction for the crime of piracy. Appellant was charged with piracy under Presidential Decree (PD) No. 532 allegedly committed on September 24, 2005. The prosecution's version of the events states that at around 1:00 a.m., the appellant and his armed companions boarded the pump boat of the Nacoboan family, which was loaded with copra. The armed men ordered the Nacoboan family to proceed to the rear of the boat, took several valuable items from them, and unloaded the copra on a small island. The armed men then took the pump boat's engine and other equipment and left. The following day, Julita Nacoboan reported the incident to the police and identified the appellant as one of the armed men. In his defense, appellant denied the accusations and claimed that he was fishing in another location during the time of the incident. The Regional Trial Court (RTC) found the appellant guilty of piracy based on the positive identification made by the victims. The RTC sentenced appellant to reclusion perpetua and ordered him to pay various damages. The CA affirmed appellant's conviction with modifications in the damages awarded. Dissatisfied with the CA's decision, appellant filed a Notice of Appeal. The issue in this case is whether appellant is guilty of piracy and if the prosecution was able to prove his guilt beyond reasonable doubt.

ISSUES:

  1. Whether the Information alleged the elements of the crime of piracy under PD 532.

  2. Whether the prosecution was able to establish that the incident happened in Philippine waters.

  3. Whether the appellant was positively identified by the prosecution's witnesses.

  4. What is the proper penalty to be imposed for the crime of piracy under PD 532?

  5. Is the penalty of reclusion perpetua without eligibility for parole the correct penalty in this case?

RULING:

  1. The Court held that the Information alleged the elements of the crime of piracy under PD 532. The Information clearly stated that the appellant, along with his armed companions, took and carried away various items from the vessel, including its cargo, equipment, and the personal belongings of the passengers. The Court found that the prosecution was able to establish that the victims' pump boat was in Philippine waters when the appellant and his armed companions boarded the boat and seized its cargo, equipment, and passengers' personal belongings.

  2. The Court held that the incident happened in Philippine waters. The definition of "Philippine waters" under Section 2(a) of PD 532 includes all bodies of water, such as rivers, around, between, and connecting each of the islands of the Philippine Archipelago. Since the incident happened along a river bank in Barangay San Roque, Municipality of Villareal, Province of Samar, it is considered part of Philippine waters.

  3. The Court held that the appellant was positively identified by the prosecution's witnesses. The witness Julita positively identified the appellant as one of the assailants based on her personal knowledge. She had known the appellant for 16 years and was able to see him clearly during the incident due to the moonlight and her flashlight. The Court found no reason to doubt Julita's identification and held that the positive identification prevails over the appellant's denial and alibi.

  4. The proper penalty for the crime of piracy under PD 532 is reclusion perpetua. However, the mandatory penalty of death cannot be imposed due to the prohibition on death penalty under Republic Act No. 9346.

  5. The penalty of reclusion perpetua without eligibility for parole is the correct penalty in this case since the seizure of the vessel and its cargo was accomplished by boarding the vessel.

PRINCIPLES:

  • The elements of piracy under PD 532 include the attack or seizure of a vessel or the taking away of its cargo, equipment, or personal belongings of its passengers or complement, by means of violence against or intimidation of persons or force upon things, committed by any person in Philippine waters.

  • Philippine waters include all bodies of water, such as seas, gulfs, bays, and rivers, around, between, and connecting each of the islands of the Philippine Archipelago.

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

  • Piracy or highway robbery/brigandage is punishable by reclusion temporal in its medium and maximum periods. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder, or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed.

  • Actual damages must be proven with a reasonable degree of certainty and supported by receipts.

  • Temperate damages may be awarded when there is some pecuniary loss but its amount cannot be proved with certainty.

  • Nominal damages are given to vindicate or recognize a violated or invaded right and not to indemnify for any loss suffered.

  • Moral and exemplary damages should be supported by factual and legal basis.