Article 123 Qualified Piracy

Question 1

What are the elements of Qualified Piracy?

Answer 1

1. The vessel is on the high seas or 
Philippine waters; 
2. Offenders may or may not be 
members of its complement, or 
passengers of the vessel; 
3. Offenders either – 
a. attack or seize the vessel; or 
b. seize the whole or part of the 
cargo, its equipment., or
personal belongings of the 
crew or passengers; 
4. The preceding were committed 
under any of the following 
circumstances: 
a. whenever they have seized a 
vessel by boarding or firing 
upon the same; 
b. whenever the pirates have 
abandoned their victims 
without means of saving 
themselves; or 
c. whenever the crime is 
accompanied by murder, 
homicide, physical injuries or 
rape.

Question 2

Requisites of Qualified Mutiny

Answer 2

(1) When the offenders abandoned the victims without
means of saving themselves; or
(2) When the mutiny is accompanied by rape, murder,
homicide, or physical injuries.

Question 3

What penalty applies to Article 123?

Answer 3

Reclusion Perpetua