Article VIII

Question 1

What is article VIII of the RPC

Question 2

Requisites of conspiracy

Answer 2

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

Question 3

What is the general rule of article VIII

Answer 3

Conspiracy and Proposal to commit felony are not punishable.

Question 4

What is the exception of the general rule of article VIII

Answer 4

• In the cases in which the law specially a penalty therefor
  TRICS:
• Art 115. Conspiracy and Proposal to commit (Treason)
• Art 136. Conspiracy and Proposal to commit (Coup d’etat, Rebellion, or Insurrection)
• Art 141. Conspiracy to commit to Sedition
  o Proposal to commit Sedition is NOT a crime
• Art 186. Monopolies and Combinations in Restraint of Trade
• RA 9165, Section 26. Attempt or Conspiracy

Question 5

Is CONSPIRACY and PROPOSAL to commit felony a crime?

Answer 5

NO, because it is only a preparatory act, and the law regards them as innocent or at least permissible EXCEPT in the cases in which the law specially provides a penalty therefor.

Yes, when law specially provides a penalty therefor

Question 6

Stages in the Development of Crimes

Question 7

Two KINDS of CONSPIRACY

Question 8

What is Conspiracy as a CRIME

Question 9

What is Conspiracy as a Manner of Incurring Criminal Liability

Question 10

REQUISITES OF PROPOSAL

Answer 10

1. That a person has decided to commit a felony;
2. That he proposes its execution to some other person or persons.

Question 11

Exceptions to the requisites of proposal

Answer 11

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

Question 12

Conspiracy vs Proposal

Question 13

People vs Pugay