G.R. No. 4638
THE UNITED STATES, plaintiff-appellee, vs. MARCELINO AQUINO, ET AL., defendants-appellants.
September 7, 1908

FACTS:
The four accused, along with others, organized an armed band in the city of Manila with the purpose of committing robbery in various dwelling houses in the city. They went out upon the streets of Manila armed with deadly weapons in pursuance of this unlawful conspiracy. The trial court convicted them of the crime of bandolerismo (brigandage) and sentenced them to twenty years’ imprisonment.

ISSUE:
Can the crime of bandolerismo, as defined and penalized in Act No. 518 , be committed when the object of the band is to commit robberies within the city of Manila and its operations are limited to that city?

RULING:
Yes. The Supreme Court affirmed the conviction. It held that the crime of brigandage, as defined in Section 1 of Act No. 518 , is committed in all cases where three or more persons, conspiring together, form a band of robbers for the purpose of stealing personal property by means of force and violence, and go out upon the highways armed with deadly weapons for this purpose. The Court clarified that the fact that such highways are situated within or without the limits of a town or city in no way modifies the character or legal definition of the offense. The word “highway,” as used in Act No. 518 , is substantially synonymous with “public thoroughfare” and is equally applicable to the streets in a town or city as it is to roads in the country outside of towns or cities. Thus, the operations of the band within the city of Manila, including its streets, fall within the purview of the law on bandolerismo.