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Criminal Law 1 – Article 8MIDTERMS 1st  Semester A.Y. 2015-2016

Art. 8 – Conspiracy and proposal to commit felony. – Conspiracy andproposal to commit felony are punishable only in the cases in which the

law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an

agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a

felony proposes its execution to some other person or persons.

Conspiracy to commit felony  vs Proposal to commit felony 

Conspiracy – two or more persons – come to an agreement – decide to commit the felony

Proposal – one person who has decided to commit a felony – proposes its execution – tosome other people

**Both – Unless there is a specic provision in the !C providing a penalty for conspiracy orproposal to commit a felony" mere conspiracy or proposal is NT a !elony.

*eson for the rule# Conspiracy and proposal to commit a crime are only preparatory acts"and the law regards them as innocent or at least permissi$le except in rare and exceptional

cases%

Conspiracy is not a crime except when the law specially provides a penalty

therefor.

As in# &'ree(e)

1% Art% 11 + 'reason,% Art% 1-. – e$ellion-% Art% 1/1 – (edition

 'he crime of conspiracy 0nown to the common law is not an indicta$le oense inthe !hilippines%

+ An agreement to commit a crime is a reprehensi$le act from the viewpoint ofmorality" $ut as long as the conspirators do not perform overt acts infurtherance of their malevolent design" the sovereignty of the (tate is notoutraged and the tran2uillity of the pu$lic remains undistur$ed%

a% &U%(% v% Lim 3uanco" 1/ !hil /4,)$% &U%(% v% emigio" -4 !hil% 5" .1/)c% &!eople v% Asaad" !hil% .54)

+ 6owever" when in resolute execution of a common scheme" a felony iscommitted $y two or more malefactors" the existence of a conspiracy

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assumes pivotal importance in the determination of the lia$ility of theperpetrators%

a% &!eople v% !eralta" , (CA 45)

The evised Penal Code specially provides a penalty for mere conspiracy

in Articles !!"# !$%# !&!.

Art. !!". Conspiracy to commit treason – !enalty% – 'he conspiracy to commit thecrime of treason shall $e punished $y prision mayor and a ne not exceeding1" pesos%

Art. !$%. Conspiracy to commit coup d9etat" re$ellion or insurrection% – 'heconspiracy to commit coup d9etat shall $e punished $y prision mayor in itsminimum period and a ne which shall not exceed 8" pesos%

 'he conspiracy to commit re$ellion or insurrection shall $e punished $yprision correccional in its maximum period and a ne which shall not exceed"% &As amended $y %A% .5.8)

Art. !&!. Conspiracy to commit sedition% – !ersons conspiring to commit the crimeof sedition shall $e punished $y prision mayor in its medium period and a nenot exceeding ," pesos% &As amended $y !%:% ;o% 5/,)

Treason# coup d'etat# rebellion or sedition should not be actually

committed.

 'he conspirators should not actually commit – it is su<cient that two or morepersons agree and decide to commit – treason" re$ellion or sedition%

Application# =f they commit treason – they will $e held lia$le for treason – theconspiracy is only a manner of incurring criminal lia$ility – not a separate oense%

Conspiracy as a felony distinguished from conspiracy as a manner of

incurring liability.

a. >hen the conspiracy relates to a crime actually committed" it is not a felony$ut only a manner of incurring criminal lia$ility" that is" when there isconspiracy" the act of one is the act of all%

b. ?ven if the conspiracy relates to any of the crimes of treason" re$ellion" andsedition

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