Article 122 Piracy in general and mutiny on the high seas Flashcards

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1
Q

What is Piracy?

A

It is robbery or forcible depredation on the
high seas, without lawful authority and done with
animo furandi and in the spirit and intention of
universal hostility.

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2
Q

What is Mutiny?

A

It is the unlawful resistance to a superior, or the
raising of commotions and disturbances on board a
ship against the authority of its commander

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3
Q

What are the Modes of Committing Piracy in the High Seas or in Philippine waters?

A
  1. Attacking or seizing a vessel on the high seas OR
    in Philippine waters (PD 532 as amended 7659);
  2. Seizing in the vessel while on the high seas or in
    Philippine waters the whole or part of its cargo, its
    equipment or personal belongings of its
    complement or passengers, the offenders being
    strangers to the vessels
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4
Q

What are the Elements of piracy?

A
  1. The vessel is on the high seas OR Philippine
    waters;
  2. Offenders are neither members of its complement
    nor passengers of the vessel;
  3. Offenders either –
    a. attack or seize a vessel on the high seas or in
    Philippine waters; or
    b. seize in the vessel while on the high seas or in
    Philippine waters the whole or part of its
    cargo, its equipment or personal belongings of
    its complement or passengers;
  4. There is intent to gain.
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5
Q

What are the Elements of mutiny?

A
  1. The vessel is on the high seas or Philippine waters;
  2. Offenders are either members of its complement,
    or passengers of the vessel;
  3. Offenders either raise commotions and
    disturbances on board a ship against the authority
    of its commander or make unlawful resistance to a
    superior officer.
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