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HIRD DIVISION
[G.R. No. 111709. August 30, 2001]
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROGER P. TULIN, VIRGILIO I.
LOYOLA, CECILIO O. CHANGCO, ANDRES C. INFANTE, CHEONG SAN HIONG,
and JOHN DOES, accused-appellants.
D E C I S I O N
MELO, J.:
This is one of the older cases which unfortunately has remained in docket of the Court for
sometime. It was reassigned, together with other similar cases, to undersigned ponente in
pursuance of A.M. No. 00-9-03-SC dated February 27, 2001.
In the evening of March 2, 1991, M/T Tabangao, a cargo vessel owned by the PNOC Shipping
and Transport Corporation, loaded with 2,000 barrels of kerosene, 2,600 barrels of regular
gasoline, and 40,000 barrels of diesel oil, with a total value of P40,426,793,87. was sailing off
the coast of Mindoro near Silonay Island.
The vessel, manned by 21 crew members, including Captain Edilberto Libo-on, Second Mate
Christian Torralba, and Operator Isaias Ervas, was suddenly boarded, with the use of an
aluminum ladder, by seven fully armed pirates led by Emilio Changco, older brother of accused-
appellant Cecilio Changco. The pirates, including accused-appellants Tulin, Loyola, and Infante,
Jr. were armed with M-16 rifles, .45 and .38 caliber handguns, and bolos. They detained the crew
and took complete control of the vessel. Thereafter, accused-appellant Loyola ordered three crew
members to paint over, using black paint, the name "M/T Tabangao" on the front and rear
portions of the vessel, as well as the PNOC logo on the chimney of the vessel. The vessel was
then painted with the name "Galilee," with registry at San Lorenzo, Honduras. The crew was
forced to sail to Singapore, all the while sending misleading radio messages to PNOC that the
ship was undergoing repairs.
PNOC, after losing radio contact with the vessel, reported the disappearance of the vessel to the
Philippine Coast Guard and secured the assistance of the Philippine Air Force and the Philippine
Navy. However, search and rescue operations yielded negative results. On March 9, 1991, the
ship arrived in the vicinity of Singapore and cruised around the area presumably to await another
vessel which, however, failed to arrive. The pirates were thus forced to return to the Philippines
on March 14, 1991, arriving at Calatagan, Batangas on March 20, 1991 where it remained at sea.
On March 28, 1991, the "M/T Tabangao" again sailed to and anchored about 10 to 18 nautical
miles from Singapore's shoreline where another vessel called "Navi Pride" anchored beside it.
Emilio Changco ordered the crew of "M/T Tabangao" to transfer the vessel's cargo to the hold of
"Navi Pride". Accused-appellant Cheong San Hiong supervised the crew of "Navi Pride" in
receiving the cargo. The transfer, after an interruption, with both vessels leaving the area, was
completed on March 30,1991.

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On March 30, 1991, "M/T Tabangao" returned to the same area and completed the transfer of
cargo to "Navi Pride."
On April 8, 1991, "M/T Tabangao" arrived at Calatagan, Batangas, but the vessel remained at
sea. On April 10, 1991, the members of the crew were released in three batches with the stern
warning not to report the incident to government authorities for a period of two days or until
April 12, 1991, otherwise they would be killed. The first batch was fetched from the shoreline by
a newly painted passenger jeep driven by accused-appellant Cecilio Changco, brother of Emilio
Changco, who brought them to Imus, Cavite and gave P20,000.00 to Captain Libo-on for fare of
the crew in proceeding to their respective homes. The second batch was fetched by accused-
appellant Changco at midnight of April 10, 1991 and were brought to different places in Metro
Manila.
On April 12, 1991, the Chief Engineer, accompanied by the members of the crew, called the
PNOC Shipping and Transport Corporation office to report the incident. The crew members were
brought to the Coast Guard Office for investigation. The incident was also reported to the
National Bureau of Investigation where the officers and members of the crew executed sworn
statements regarding the incident.
A series of arrests was thereafter effected as follows:
a. On May 19, 1991, the NBI received verified information that the pirates were present at U.K.
Beach, Balibago, Calatagan, Batangas. After three days of surveillance, accused-appellant Tulin
was arrested and brought to the NBI headquarters in Manila.
b. Accused-appellants Infante, Jr. and Loyola were arrested by chance at Aguinaldo Hi-way by
NBI agents as the latter were pursuing the mastermind, who managed to evade arrest.
c. On May 20, 1991, accused-appellants Hiong and Changco were arrested at the lobby of Alpha
Hotel in Batangas City.
On October 24 1991, an Information charging qualified piracy or violation of Presidential Decree
No. 532 (piracy in Philippine Waters) was filed against accused-appellants, as follows:
The undersigned State Prosecutor accuses ROGER P. TULIN, VIRGILIO I. LOYOLA,
CECILIO O. CHANGCO, ANDRES C. INFANTE, and CHEONG SAN HIONG, and nine (9)
other JOHN DOES of qualified piracy (Violation of P.D. No. 532), committed as follows:
That on or about and during the period from March 2 to April 10, 1991, both dates inclusive, and
for sometime prior and subsequent thereto, and within the jurisdiction of this Honorable Court,
the said accused, then manning a motor launch and armed with high powered guns, conspiring
and confederating together and mutually helping one another, did then and there, wilfully,
unlawfully and feloniously fire upon, board and seize while in the Philippine waters M/T PNOC
TABANGCO loaded with petroleum products, together with the complement and crew
members, employing violence against or intimidation of persons or force upon things, then direct

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HIRD DIVISION [G.R. No. 111709. August 30, 2001] PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ROGER P. TULIN, VIRGILIO I. LOYOLA, CECILIO O. CHANGCO, ANDRES C. INFANTE, CHEONG SAN HIONG, and JOHN DOES, accused-appellants. D E C I S I O N MELO, J.: This is one of the older cases which unfortunately has remained in docket of the Court for sometime. It was reassigned, together with other similar cases, to undersigned ponente in pursuance of A.M. No. 00-9-03-SC dated February 27, 2001. In the evening of March 2, 1991, M/T Tabangao, a cargo vessel owned by the PNOC Shipping and Transport Corporation, loaded with 2,000 barrels of kerosene, 2,600 barrels of regular gasoline, and 40,000 barrels of diesel oil, with a total value of P40,426,793,87. was sailing off the coast of Mindoro near Silonay Island. The vessel, manned by 21 crew members, including Captain Edilberto Libo-on, Second Mate Christian Torralba, and Operator Isaias Ervas, was suddenly boarded, with the use of an aluminum ladder, by seven fully armed pirates led by Emilio Changco, older brother of accused-appellant Cecilio Changco. The pirates, including accused-appellants Tulin, Loyola, and Infante, Jr. were armed with M-16 rifles, .45 and .38 caliber handguns, and bolos. They detained the crew and took complete control of the vessel. Thereafter, accused-appellant Loyola ordered three crew members to paint over, using black paint, the name "M/T Tabangao" on the front and rear portions of the vessel, as well as ...
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