Conspiracy

Question 1

What is Conspiracy?

Answer 1

When two or more persons come to an agreement concerning the commission of a felony and they decide to commit it.

Question 2

What is proposal?

Answer 2

A person who has decided to commit a felony proposes its execution to some other person or persons.

Question 3

Is conspiracy or proposal a felony?

Answer 3

Article 8 is thus a mode of incurring criminal liability.

Question 4

Enumerate at least two felonies punished pursuant to Article 8 as a felony per se:

Answer 4

 Conspiracy to commit treason

 Conspiracy to commit rebellion

Question 5

What is required to prove a conspiracy?

Answer 5

1. It can be proved by indirect proof, such as inferences from acts of the accused before, during, and after the commission of the crime.

o These acts must indubitably point to or indicate a joint purpose, concerted action, and singular interest.

Question 6

What is required to be done in order to become a co-conspirator?

Answer 6

Except when one is a mastermind, he must perform some overt art as a direct/indirect contribution to the crime’s execution. The overt act can be active participation, moral assistance by being present at the scene of the crime, or exerting moral ascendancy.

Question 7

In Express Conspiracy, In Mere Presence enough?

Answer 7

Yes.

as long as he appeared in the scene of the crime

Question 8

In Implied Conspiracy, Is Mere Presence enough?

Answer 8

No. It is essential that the conspirator participated in the commission of the crime. Mere presence is not enough because mere presence does not prove intent to join the commission of the crime, without prior agreement.

Question 9

What are the characteristics of conspiracy?

Answer 9

1. Singularity of intent

2. Unity in the execution of the unlawful objective

Question 10

Does Article 4, par. 1 apply to Article 8?

Answer 10

Yes. Each conspirator is responsible for everything done by his confederates, which follow incidentally in the execution of the common design, as one of its probable and natural consequences even though not intended as part of the original design

Question 11

What is a rule in criminal liability in conspiracy in relation to ARt. 4 paragraph 1

Answer 11

Conspirators are necessarily liable for the acts of another conspirator unless such act differs radically and substantively from that which they intended to commit.