2012 Criminal Law, Q7

Who are brigands? (5%)
Distinguish brigandage from robbery in band as to elements, purpose of the of fender and agreement among the offenders. (5%)

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Who are defined as brigands under Article 306 of the Revised Penal Code?

What is the gravamen of the crime of brigandage under Article 306 RPC?

How does brigandage differ from robbery in band as to the agreement among offenders?

What minimum number of armed malefactors is required to constitute a band in robbery?

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What is the legal effect of a band in the commission of a simple robbery under the RPC?

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1. Definition of Brigands
Under Article 306 of the Revised Penal Code, brigands are defined as more than three armed persons who form a band for the purpose of committing highway robbery or extortion, kidnapping for ransom, or attaining any other purpose by means of force and violence. The essence of brigandage lies in the formation of an armed organization intended to commit indiscriminate or repeated acts of robbery. The law punishes the mere organization of such a band even prior to the execution of any specific robbery or overt predatory act.

2. Robbery in Band
Under Article 296 of the Revised Penal Code, a robbery is committed by a band whenever more than three armed malefactors take part in the commission of a robbery. Unlike brigandage, where the gravamen is the formation of the band for multiple robberies, robbery in band focuses on the execution of a specific robbery. The presence of a band functions primarily as a qualifying or generic aggravating circumstance in robbery, increasing the severity of the imposable penalty for the specific felony committed.

3. Key Legal Distinctions
Brigandage and robbery in band differ fundamentally across three key legal dimensions: elements, purpose, and agreement. As to elements, brigandage penalizes the mere formation of an armed band, whereas robbery in band requires the actual commission of a robbery. As to purpose, brigandage aims at highway robbery or kidnapping, whereas robbery in band targets a robbery anywhere. As to agreement, brigandage involves an agreement to commit indiscriminate robberies, whereas robbery in band involves an agreement to commit a single, specific robbery.

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