AN ACT
AMENDING ARTICLES ONE HUNDRED FORTY-SIX, TWO HUNDRED NINETY-FIVE, TWO
HUNDRED NINETY-SIX AND THREE HUNDRED SIX OF THE REVISED PENAL CODE |
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Section
1. Article one hundred forty-six of the Revised Penal
Code is hereby amended to read as follows: chan
robles virtual law library "Art.
146. Illegal assemblies. – The penalty of prision
correccional in its maximum period to prision mayor in its medium
period shall be imposed upon the organizers or leaders of any meeting
attended by armed persons for the purpose of committing any of the
crimes punishable under this Code, or of any meeting in which the
audience is incited to the commission of the crime of treason,
rebellion or insurrection, sedition or assault upon a person in
authority or his agents. Persons merely present at such meeting shall
suffer the penalty of arresto mayor, unless they are armed, in which
case the penalty shall be prision correccional. "If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be considered a leader or organizer of the meeting within the purview of the preceding paragraph. chan robles virtual law library "As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed place or moving." Sec. 2. Article two hundred ninety-five of the Revised Penal Code is hereby amended to read as follows: "Art.
295. Robbery with physical injuries committed in an
uninhabited place or by a band. – If the offenses mentioned in the next
preceding article shall be committed in an uninhabited place or by a
band, or by attacking a train, car, vehicle, vessel or craft, or by
entering any compartment thereof or, in any manner, taking the persons
therein by surprise in the respective conveyances, the offender shall
be punished by the maximum period of the proper penalties. chan
robles virtual law library "In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band." Sec. 3. Article two hundred ninety-six of the Revised Penal Code is hereby amended to read as follows: "Art.
296. Definition of a band and penalty incurred by the
members thereof . – When more than three armed malefactors take part in
the commission of a robbery, it shall be deemed to have been committed
by a band. When any of the arms used in the commission of the offense
be an unlicensed firearm, the penalty to be imposed upon all the
malefactors shall be the maximum of the corresponding penalty provided
by law, without prejudice to the criminal liability for illegal
possession of such unlicensed firearm. "Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same." Sec. 4. Article three hundred six of the Revised Penal Code is hereby amended to read as follows: "Art.
306. Who are brigands – Penalty. – When more than
three armed persons form a band of robbers for the purpose of
committing robbery in the highway, or kidnapping persons for the
purpose of extortion or to obtain ransom, for any other purpose to be
attained by means of force and violence, they shall be deemed highway
robbers or brigands. chan
robles virtual law library "Persons found guilty of this offense shall be 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, in which case, they shall suffer such higher penalties. "If any of the arms carried by any of said persons be an unlicensed firearm, it shall be presumed that said persons are highway robbers or brigands, and in case of conviction the penalty shall be imposed in the maximum period." chan robles virtual law library Sec. 5. This Act shall take effect upon its approval. Approved:
September 5, 1946 |