September 5, 1997
Facts:
Emiliano Catantan and Jose Macven Ursal were convicted of
violating PD 232 Anti-Piracy and Highway Robbery Law. Only
Catantan appealed.
June 27 1993, the Pilapil brothers were fishing some 3km away
from the shores of Tabogon, Cebu.
Suddenly, another boat caught up to them. Catantan boarded
the pumpboat of the Pilapils, leveled a revolver at Eugene, and
ordered them to lie down.
Facts:
Then, Ursal boarded the pumpboat and they hog-tied
Eugene. The accused left behind their pumpboat with its
passengers one of whom was also tied.
While travelling to Daan Tabogon as compelled by the
accused , the engine stalled twice and the brothers were
ordered to row the boat.
As they passed by the shoreline of Nipa, They saw
another boat operated by a certain Juanito. The Pilapils
told the accused that the engine was new.
Facts:
Catantan ordered the Pilapils to approach the boat
cautioning them not to speak or move
On the pretext that they were buying fish, Catantan
boarded the new pumpboat and ordered them to bring
them to Mungaz, Cebu.
As Ursal was transferring to Juanito’s pumpboat, he
kicked the front part of the Pilapil’s boat.
Facts:
The jolt threw Eugene off, Juan Jr untied his
brother’s leg and they swam together clinging to their
boat.
Another pumpboat passed, they were towed ashore
and reported to the authorities
The accused were caught when Juanito’s pumpboat
ran out of gas, but the revolver was not found.
Held:
Despite the accused argument that he and his companions did not attach or
seize the fishing boat, nor had any intention of permanently taking possession or
depriving the complainants of their boat, they are guilty of piracy. The act of
compelling the Pilapils to take them elsewhere other than their original place of
destination was part of the act of seizing the boat.
The accused insists that they had no intention of depriving the Pilapils
permanently of their boat, proof of which they left behind the brothers with their
boat, the truth is, the accused abandoned the Pilapils only because the engine
broke down and they needed another mean to return to their lair.