Article 146: Illegal assemblies—penalties
- Article 146 provides that the penalty of prision correccional in its maximum period to prision mayor in its medium period shall be imposed on the organizers or leaders of any meeting attended by armed persons for the purpose of committing crimes punishable under the Revised Penal Code.
- Article 146 also imposes the same penalty on the organizers or leaders of any meeting in which the audience is incited to commit the crimes of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents.
- Article 146 provides that persons merely present at such a meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case they shall suffer prision correctional.
- Article 146 establishes a presumption rule: if any person present at the meeting carries an unlicensed firearm, it is presumed that the purpose of the meeting, insofar as he is concerned, is to commit acts punishable under the Revised Penal Code.
- Article 146 provides that under the unlicensed firearm presumption, the person carrying the unlicensed firearm shall be considered an organizer/leader under the preceding paragraph.
- Article 146 defines “meeting” to include a gathering or group, whether in a fixed place or moving.
Article 295: Robbery with physical injuries—band or uninhabited place
- Article 295 imposes the maximum period of the proper penalties when offenses mentioned in the next preceding article are committed in an uninhabited place or by a band.
- Article 295 also applies the same maximum period rule when robbery is committed by:
- attacking a train, car, vehicle, vessel or craft; or
- entering any compartment thereof; or
- taking the persons therein “by surprise in the respective conveyances.”
- Article 295 provides that in the same cases, the penalty next higher in degree shall be imposed upon the leader of the land.
Article 296: Definition of a band—penalty rule for members
- Article 296 defines a band for robbery purposes: when more than three armed malefactors take part in the commission of a robbery, the robbery is deemed committed by a band.
- Article 296 provides an enhanced penalty rule when the robbery band uses an unlicensed firearm: the penalty imposed upon all the malefactors shall be the maximum of the corresponding penalty provided by law.
- Article 296 states that the enhanced maximum-penalty rule is without prejudice to criminal liability for illegal possession of the unlicensed firearm.
- Article 296 provides liability for band members present at the robbery: any member of a band who is present at the commission of a robbery by the band shall be punished as a principal of any assaults committed by the band.
- Article 296 provides an exception to principal liability: the principal punishment rule does not apply if it is shown that the member attempted to prevent the assaults.
Article 306: Brigands—highway robbery and kidnapping for ransom
- Article 306 provides that when more than three armed persons form a band of robbers for the purpose of committing robbery in the highway, they are highway robbers or brigands.
- Article 306 also provides that highway brigands include bands formed to kidnap persons for the purpose of extortion or to obtain ransom, for any other purpose to be attained by means of force and violence.
- Article 306 prescribes the base penalty: persons found guilty are punished by prision mayor in its medium period to reclusion temporal in its minimum period if the act or acts committed by them are not punishable by higher penalties.
- Article 306 provides an escalation rule: if the act or acts committed are punishable by higher penalties, the brigands shall suffer such higher penalties.
- Article 306 adds an unlicensed firearm presumption for brigand classification: if any arms carried by any of the persons be an unlicensed firearm, it is presumed they are highway robbers or brigands.
- Article 306 provides the consequence of that firearm presumption: upon conviction, the penalty shall be imposed in the maximum period.