EMILIANO CATANTAN y TAYONG

Jun 21st, 2015
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In his appeal, accused Catantan contends that the trial court erred in convicting him of piracy as the facts proved only constitute.

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G.R. No. 118075 September 5, 1997PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs.EMILIANO CATANTAN y TAYONG,accused-appellant.BELLOSILLO,J.:EMILIANO CATANTAN and JOSE MACVEN URSALalias"Bimbo" were charged with violation of PD No. 532 otherwise known as the Anti-Piracy and Highway Robbery Law of 1974 for having on 27 June 1993, while armed with a firearm and a bladed weapon, acting in conspiracy with one another, by means of violence and intimidation, wilfully and feloniously attacked, assaulted and inflicted physical injuries on Eugene Pilapil and Juan Pilapil Jr. who were then fishing in the seawaters of Tabogon, Cebu, and seized their fishing boat, to their damage and prejudice.1The Regional Trial Court of Cebu, after trial, found both accused Emiliano Catantan y Tayong and Jose Macven Ursalalias"Bimbo" guilty of the crime charged and sentenced them toreclusion perpetua.2Of 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.The evidence for the prosecution is that at 3:00 o'clock in the morning of 27 June 1993, the Pilapil brothers Eugene, 21, and Juan Jr., 18, were fishing in the sea some 3 kilometers away from the shores of Tabogon, Cebu. Suddenly, another boat caught up with them. One of them, later identified as the accuse

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