Question & AnswerQ&A (Act No. 2036)
The main purpose of Act No. 2036 is to amend sections one and four of Act No. 518 (as amended) to reduce the penalties prescribed for highway robbery or brigandage and to define the scope of such offenses and their punishments.
Under Section 1, highway robbers or brigands are defined as three or more persons conspiring together to form a band for the purpose of stealing carabaos, cattle, horses, rice, or any personal property or for extortion, ransom, or any other purpose by means of force and violence, who are armed with deadly weapons.
Every person engaged in the original formation of the band or joining it thereafter shall, upon conviction, be punished by imprisonment for not more than twenty years, at the discretion of the court.
Yes, if the band commits acts that are penalized by other laws with greater punishment, the persons responsible shall be prosecuted under those laws with the corresponding penalties.
Section 4 states that any person knowingly aiding or abetting such a band by giving information about police movements, securing or receiving stolen property, procuring supplies, furnishing resources, hiding or lodging members, or assisting their escape shall be punished by imprisonment for not more than ten years.
Yes. The act shall be presumed to have been committed knowingly and willingly unless the contrary is proven, which puts the burden of proof on the accused to show lack of knowledge or intent.
The Act specifically mentions theft of carabaos, cattle, horses, rice, or personal property of any description.
There must be at least three or more persons conspiring together and armed with deadly weapons for purposes such as stealing, extortion, or other criminal activities as defined.
Yes, the purpose of the brigand band includes extortion or obtaining ransom by means of force and violence.
The Act took effect upon its passage on February 3, 1911, in accordance with Section 1 of Act No. 1945 of the Philippine Legislature.