Conspiracy

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ART. 8 CONSPIRACY AND PROPOSAL TO COMMIT FELONY.

Conspiracy and
proposal to commit felony are punishable only in the cases in which the law
specially provides a penalty therefor.

CONSPIRACY exists when TWO OR MORE PERSONS come to an


AGREEMENT concerning the COMMISSION OF A FELONY and DECIDE to
COMMIT it.

REQUISITES OF CONSPIRACY:

1. That two or more persons come to an agreement


2. That the agreement concerned the commission of a felony
3. That the execution of the felony be decided upon

There is PROPOSAL when the person WHO HAS DECIDED to commit a


felony proposes its execution to SOME OTHER PERSON OR PERSONS.

REQUISITES OF PROPOSAL:

1. That a person has decided to commit a felony.


2. That he proposes its execution to some other person or persons.

DIFFERENCE BETWEEN CONSPIRACY AND PROPOSAL:

1. Proposal is UNILATERAL while conspiracy is BILATERAL.


2. In proposal, the party to whom the proposal was made has not yet
accepted the proposal.
Once the proposal was accepted, a conspiracy arises.

Q: Is Conspiracy or Proposal to commit a felony a crime?

GENERAL RULE: CONSPIRACY AND PROPOSAL TO COMMIT FELONY ARE


NOT PUNISHABLE

THEY ARE NOT PUNISHABLE BECAUSE THE CONSPIRATORS DO


NOT PERFORM OVERT ACTS. THEY ARE MERE PREPARATO
STAGES IN DEVELOPMENT OF CRIMES:

1. INTERNAL ACTS (not punishable)


a. Mere ideas in the mind of the person
b. Intention producing no effect

Preparatory Acts are external acts which HAVE NO DIRECT


CONNECTION WITH THE CRIME which the offender intends to commit. (May
mean another thing)

“WHEN IN DOUBT, RULE FOR THE ACCUSED”

1. Conspiracy and proposal


2. Buying poison to kill your enemy
3. Carrying a gun looking for your intended victim
4. Holding a gallon of gasoline and lighter while on your way to the house you
intend to burn

2. EXTERNAL ACTS
a. Preparatory Acts - not punishable
Q. EXAMPLE WHERE A PREPARATORY ACT IS CONSIDERED A CRIME AND
IS PUNISHED?
a. Possession of Picklocks (Article 304)

b. Acts of Execution - they are external acts that have DIRECT


CONNECTION with the crime intended to be committed

STAGES OF ACTS OF EXECUTION

1. Attempted - overt acts


2. Frustrated - cause independent of the will of the perpetrator
3. Consummated - all elements are present

EXCEPTION: In the cases in which the law specially provides the penalty
therefor.

EXAMPLES: T R I C S

1. Art 115. Conspiracy and Proposal to commit TREASON


2. Art 136. Conspiracy and Proposal to commit COUP D’ETAT, REBELLION
OR INSURRECTION
3. Art. 141. Conspiracy to commit SEDITION (Proposal to commit SEDITION
is NOT a crime)
TWO KINDS OF CONSPIRACY:

1. Conspiracy as a CRIME - when conspiracy itself is expressly punished by


law. (T R I C S)

2. Conspiracy as a Manner of Incurring Criminal Liability - when the


conspiracy RELATES TO A CRIME actually committed it is not a felony but
ONLY A MANNER OF INCURRING CRIMINAL LIABILITY.

RULES:

1. THE ACT OF ONE IS THE ACT OF ALL ( A person can be convicted for
the criminal act of another when there is conspiracy)

a. The element of relationship must be present as to all the offenders


b. Offenders must have knowledge of the material execution or the
means employed to accomplish the act
c. A co-conspirator not present at the scene of the crime because of
change of heart is NOT liable. (Except the mastermind)
2. Conspiracy is not punishable at a separate offense
3. Previous agreement is NOT necessary if they all acted in concert to pursue
a criminal design. (IMPLIED CONSPIRACY)

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