QuestionsQuestions (Act No. 1121)
There must be (1) three or more persons, (2) conspiring together to form a band, (3) for specified purposes (stealing carabaos, cattle, horses, rice, or personal property; abducting persons for extortion or ransom or other purposes), (4) by means of force and violence, and (5) the band must be armed with deadly weapons.
Amended Section 2 provides that it is not necessary to adduce evidence that any member of the band has in fact committed robbery/theft or abduction; conviction can be justified if it can be inferred beyond a reasonable doubt that the accused was a member of the armed band described.
Every person engaged in the original formation of the band, or joining it thereafter, is punished by death or imprisonment for not less than 20 years, in the discretion of the court.
It is sufficient for conviction that, from all evidence, it is inferred beyond a reasonable doubt that the accused was a member of the armed band; actual commission of robbery/theft/abduction is not required.
Acts include: giving information about the movement of police/Constabulary or other peace officers; securing or receiving stolen property; procuring supplies of money, food, clothing, arms, ammunition, or other property; furnishing such supplies; knowingly hiding, lodging, harboring in one’s house; or assisting in any way in the escape of a member.
Imprisonment for not less than 10 years and not more than 20 years.
No. The law explicitly states it is not necessary to prove actual commission by any member of the band.
It requires that from all the evidence, it can be inferred beyond a reasonable doubt that the accused was a member of the armed band.
It is an essential defining element; the band must be armed with deadly weapons for the conduct to be deemed brigandage as described in Section 1.
Examples include stealing carabaos, cattle, horses, rice, or personal property of any description; and abducting persons for extortion or obtaining ransom, or for any other purpose, by force and violence.
Although the term “highway robbers, or brigands” is used, the defining focus in Section 1 is on the formation of an armed band of three or more persons conspiring for the enumerated purposes by force and violence.
It amends Act No. 781 by adding that “Municipal policemen shall be deemed to be municipal officers for the purpose of this section.”
Because the amendment clarifies that municipal policemen fall within the term “municipal officers” for the relevant statutory section on punishment for failure of municipal officials to perform duty in that respect.
Section 1 punishes those engaged in forming or joining the armed brigand band, with a harsher penalty (death or at least 20 years). Section 3 punishes those who knowingly aid or abet—through information, receiving stolen property, supplying or hiding/harboring/assisting escape—with a penalty of 10 to 20 years.
It invokes “expedited” passage in accordance with Section 2 of an Act prescribing the order of procedure by the Commission in enactment of laws, passed September 26, 1900, to allow speedy enactment due to public good.
It shall take effect on its passage.