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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. A proposal exists when the person who has decided to commit a felony proposes its execution to some other person or persons. (Article 8, RPC)
Article 8 of the Revised Penal Code provides that conspiracy and proposal 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.
What are the instances when conspiracy is punishable as a separate crime?
- Conspiracy to commit treason
- Conspiracy to commit coup d’etat, rebellion, and insurrection
- Conspiracy to commit sedition
For conspiracy to exist, it is sufficient that at the time of the commission of the offense the accused had the same purpose and were united in its execution. Proof of an actual planning of the perpetuation of the crime is not a condition precedent. (People of the Philippines v. Bagano, G.R. No. 139531, January 31, 2002)
Proof of the actual agreement to commit the crime need not be direct because conspiracy may be implied or inferred from their acts. Further, to be a conspirator, one need not have to participate in every detail of the execution; neither did he have to know the exact part performed by his co-conspirator in the execution of the criminal acts. (People of the Philippines v. Laguda, G.R. No. 244843, October 7, 2020)
On the other hand, there is a proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
What are the instances when conspiracy is punishable as a separate crime?
- Proposal to commit treason
- Proposal to commit coup d’etat, rebellion, and insurrection
- Proposal to commit sedition
It is important to note that the proposal need not be accepted for the proponent to be criminally liable. If the proposal is accepted, it may transform to a conspiracy because there would then be an agreement and a decision to commit a felony.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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