5. People v. Catantan, G.R. No. 118075, Sept.
5, 1997
[G.R. No. 118075. September 5, 1997]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EMILIANO CATANTAN y
TAYONG, accused-appellant.
Facts:
The Pilapil brothers Eugene and Juan Jr. were fishing in the sea some 3 kilometers away from
the shores of Tabogon, Cebu. Emiliano Catantan, boarded the pumpboat of the Pilapils and
leveled his gun and struck Eugene with it. They left behind the other pumpboat which the
accused had earlier used together. Due to their operating pumpboat breaking down, Catantan
boarded another pumpboat and ordered the operator Juanito to take them to Mungaz, Cebu.
When Juanito tried to beg-off by saying that he would still pull up his net and harvest his catch,
Catantan drew his revolver and said, "You choose between the two, or I will kill you."Juanito,
terrified, immediately obeyed and Ursal hopped in from the other pumpboat and joined Catantan.
The Regional Trial Court of Cebu, after trial, found both accused Emiliano Catantan y Tayong
and Jose Macven Ursal alias "Bimbo" guilty of the crime charged and sentenced them to
reclusion perpetua. Of the duo only Emiliano Catantan appealed.
In his appeal, accused Catantan contends that the trial court erred in convicting him of piracy as
the facts proved only constitute grave coercion defined in Art. 286 of the Revised Penal Code
and not piracy under PD No. 532.
Accused-appellant argues that in order that piracy may be committed it is essential that there be
an attack on or seizure of a vessel. He claims that he and his companion did not attack or seize
the fishing boat of the Pilapil brothers by using force or intimidation but merely boarded the
boat, and it was only when they were already on board that they used force to compel the
Pilapils to take them to some other place. Appellant also insists that he and Ursal had no
intention of permanently taking possession or depriving complainants of their boat. As a matter
of fact, when they saw another pumpboat they ordered the brothers right away to approach that
boat so they could leave the Pilapils behind in their boat. Accordingly, appellant claims, he
simply committed grave coercion and not piracy.
Issue: Whether accused-appellant committed grave coercion or Piracy under PD 532
Held:
The Court affirmed the sentence of reclusion perpetua upon EMILIANO CATANTAN being
guilty for the crime of piracy penalized under PD No. 532.
The Court does not agree with appellant’s abovementioned contentions. Under the definition of
piracy in PD No. 532 as well as grave coercion as penalized in Art. 286 of the Revised Penal
Code, this case falls squarely within the purview of piracy. While it may be true that Eugene and
Juan Jr. were compelled to go elsewhere other than their place of destination, such compulsion
was obviously part of the act of seizing their boat.
Section 2, par. (d), of PD No. 532, defines piracy as "any attack upon or seizure of any vessel,
xxx by means of violence against or intimidation of persons or force upon things, committed by
any person, xxx in Philippine waters, shall be considered as piracy. The offenders shall be
considered as pirates and punished as hereinafter provided."
On the other hand, grave coercion as defined in Art. 286 of the Revised Penal Code is committed
by "any person who, without authority of law, shall, by means of violence, prevent another from
doing something not prohibited by law, or compel him to do something against his will, whether
it be right or wrong."
The testimony of Eugene, one of the victims, shows that the appellant actually seized the vessel
through force and intimidation.
To sustain the defense and convert this case of piracy into one of grave coercion would be to
ignore the fact that a fishing vessel cruising in Philippine waters was seized by the accused by
means of violence against or intimidation of persons
The fact that the revolver used by the appellant to seize the boat was not produced in evidence
cannot exculpate him from the crime. The fact remains, and we state it again, that Catantan and
his co-accused Ursal seized through force and intimidation the pumpboat of the Pilapils while the
latter were fishing in Philippine waters.
