There is brigandage when –
1. at least four armed persons,
2. band of robbers, and
3. their purpose is any of the ff:
a. Robbery in the highway
b. Kidnapping for extortion or ransom
c. Any other purpose to be obtained by means of force and violence.
Presumption of law as to brigandage: all are presumed highway
robbers or brigands, if any of them carries unlicensed firearm.
The arms carried may be any deadly weapon.
The main object of the law is to prevent the formation of band of
The term highway includes city streets.
The following must be proved:
1. That there is an organization of more than 3 armed persons
forming a band of robbers
2. That the purpose of the band is any of those enumerated in Art. 306.
3. That they went upon the highway or roamed upon the country for
4. That the accused is a member of such band.