By a band (en cuadrilla), A14(6) Revised Penal Code

1. Concept

By a band, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender commits the crime with a band.

a. Legal basis

Article 14. Aggravating circumstances. - The following are aggravating circumstances:

6. That the crime be committed by a band… whenever such circumstances may facilitate the commission of the offense.

(Revised Penal Code)

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. (Ibid, Article 114[6])

2. By a band

For the aggravating circumstance of by a band, the offender commits the crime with a band.

See related:

• Robbery with violence against or intimidation of persons, A294 Revised Penal Code (NB: Robbery by a band is covered)

3. Distinguished

The following should be distinguished.

a. By a band, A14(6) RPC vs Robbery, A293 RPC

FactorsTreachery, A14(16) RPCRobbery, A293 RPCEffectGeneric aggravating circumstance (i.e. it applies to all crimes) – unless it is an attendant circumstance as in robberyAttendant circumstance to the crime of murder; hence, band is absorbed in and qualifies the crime of murderOvert ActsOffender commits a crime by a band.Offender commits the crime of robbery by a band.

Under Article 293 – in relation to 295, 296, and 300 – of the RPC, the following is an attendant circumstance to robbery if it was done: by a band.

1) Robbery by a b...

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