Article 8

Question 1

CONSPIRACY

Answer 1

exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it

exception
they are punishable only in the cases which the law specifically provides a penalty therefor.

reason for rule
conspiracy and proposal are only preparatory acts, and the law regards them as innocent or at least permissible except in rare and exceptional cases.

Question 2

MERE CONSPIRACIES WITH PENALTIES

Answer 2

Art. 115 - conspiracy to commit treason
Art. 136 - conspiracy to commit coup d’etat, rebellion, or insurrection
Art. 141 - conspiracy to commit sedition
Treason, coup d’etat, rebellion or sedition should not be actually committed
It is sufficient that two or more persons agree and decide to commit these crimes. If committed, they will be held liable for that crime and the conspiracy is only a manner of incurring criminal liabilities–it is not a separate offense.

Question 3

REQUISITES OF CONSPIRACY

Answer 3

1. That two or more persons came to an agreement
2. That the agreement concerned the commission of a felony
3. An agreement to act, to effect, to bring about what has already been conceived and determined
4. That the execution of the felony was decided upon

Question 4

DIRECT PROOF IS NOT ESSENTIAL FOR CONSPIRACY

Answer 4

Article 8 of RPC - Direct proof is not essential to establish conspiracy, and may be inferred from the collective acts of the accused before, during, and after the commission of the crime.

It is not necessary to show that all conspirators had actually killed the victim.

Question 5

QUANTUM OF PROOF IS REQUIRED FOR CONSPIRACY

Answer 5

Elements of conspiracy must be proven beyond reasonable doubt.

Conspiracy must be established by positive and conclusive evidence - it must be shown to exist as clearly and convincingly as the commission of the crime itself.

Question 6

PENALTY FOR MERE PROPOSAL

Answer 6

Article 115 - xxx proposal to commit treason (punished by prision mayor and a fine not exceeding P5,000).

Article 136 - punished by prision correccional in its medium period and shall not exceed P2,000).

Question 7

REQUISITES FOR PROPOSAL

Answer 7

• That the person has decided to commit a felony

- That he proposes its execution to some other person or persons

Question 8

NO CRIMINAL PROPOSAL WHEN

Answer 8

• The person who proposes is not determined to commit the felony
• There is no decided, concrete, and formal proposal
• It is not the execution of a felony that is a proposed