The following are aggravating circumstances: xxx. 6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. 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. xxx (Art. 14, par. 6, RPC) 


Elements of band:
  1. There must be at least 4 malefactors and
  2. At least 4 of them are armed.
  3. At least 4 of them took part in the commission of the crime as principals by direct participation.

The element of band is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims. Hence, the indispensable components of cuadrilla are (1) at least four malefactors and (2) all of the four malefactors are armed (People v. Apduhan, G.R. No. L-19491, August 30, 1968).

A crime is deemed to have been committed by a band or en cuadrilla when more than three armed malefactors take part in its commission. The four armed persons contemplated in this circumstance must all be principals by direct participation who acted together in the execution of the acts constituting the crime (People v. Lozano, G.R. Nos. 137370-71. September 29, 2003).

The prosecution alleged that the accused and his three other co-conspirators used unlicensed firearms in the perpetration of the offenses. However, the evidence on record shows that only two of them carried firearms. En cuadrilla, as an aggravating circumstance, cannot therefore be appreciated (People v. Lozano, G.R. Nos. 137370-71. September 29, 2003).


Weapon

The Code does not define or require any particular arms or weapons; any weapon which by reason of its intrinsic nature or the purpose for which it was made or used by the accused, is capable of inflicting serious or fatal injuries upon the victim of the crime may be considered as arms for purposes of the law on cuadrilla (People v. Lozano, G.R. Nos. 137370-71. September 29, 2003).


Presumption of Conspiracy

With respect to robbery in band, the law presumes the attendance of conspiracy so much so that "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" (Art. 296, RPC). In this instance, conspiracy need not be proved, as long as the existence of a band is clearly established. Nevertheless, the liability of a member of the band for the assaults committed by his group is likewise anchored on the rule that the act of one is the act of all (People v. Dizon, G.R. No. 134802, October 26, 2001).


Problem:

A, B, C, D and E all armed with knives, killed X. The information stated that A, B, C, D and E conspired with one another and as a band they committed the crime of murder against X. during the presentation of evidence, conspiracy was proven beyond reasonable doubt. Likewise, band as an aggravating circumstance was proven beyond reasonable doubt. Thus the judge convicted A, B, C, D and E for the crime of murder as conspirators. The judge also considered the aggravating circumstance of by a band. The counsel for the accused filed a motion for the consideration, questioning the consideration of the aggravating circumstance of by a band. According to the counsel, conspiracy has already been considered therefore by a band can no longer be considered by the court. Is the counsel’s contention correct?

A: NO. Even if the court already considered conspiracy, by a band may still be considered by the court because conspiracy is a means of committing a crime. It means they have the same criminal liability. On the other hand, by a band is an aggravating circumstance. One does not absorb the other, therefore, both maybe considered and appreciated by the court (Garcia Notes)


No robbery with homicide committed by a band

We, however, point out that the lower courts found the appellants guilty of robbery with homicide committed by a band. This is an erroneous denomination of the crime committed, as there is no crime of robbery with homicide committed by a band. If robbery with homicide is committed by a band, the indictable offense would still be denominated as robbery with homicide under Article 294(1) of the Revised Penal Code. The element of band would be appreciated as an ordinary aggravating circumstance (People v. Sugan, G.R. No. 192789, March 23, 2011).