Article 7. When light felonies are punishable.
Overt Acts in Conspiracy Must Consists of:
General Rule: Light felonies are punishable only when they have been consummated.
Exception: Those committed against persons or property, punishable even if attempted or frustrated.
The exception with regard to crimes against persons is actually unnecessary as the only light felony
against persons is slight physical injuries which must be consummated.
The exception can apply, however, to attempted or frustrated light felonies against property.
LIGHT FELONIES - are those infractions of law for the commission of which the penalty of arresto
menor or a fine not exceeding 200 pesos or both, is provided.
Examples: slight physical injuries(art. 266), theft(art. 309 pars. 7 and 8), alteration of boundary
marks(art. 313), malicious mischief(art. 328 par. 3; art. 329 par.3), intriguing against honor(art. 364)
NOTE: Only principals and accomplices are liable; accessories are NOT liable even if committed
against persons or property.
Article 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 TO COMMIT A FELONY – is one when two or more persons come into an
agreement concerning the commission of a crime and decide to commit it.
General Rule: Still a preparatory act, and therefore, is not, as a rule, punishable.
Exception: When there is a specific provision or law punishing a specific kind of conspiracy.
(Examples: Conspiracy to commit treason, rebellion, insurrection, sedition, coup d’état, monopolies and
combinations in restraint of trade [TRICSM], highway robbery, espionage, direct bribery and arson – said
felonies need not actually be committed).
Requisites of conspiracy:
1. that two or more persons come to an agreement;
2. that the agreement concerned the commission of a felony; and
3. that the execution of the felony be decided upon.
1. Active participation in the actual commission of the crime itself; or
2. Moral assistance to his co-conspirators by being present at the time of the commission of the
offense.
3. Exerting a moral ascendance over the other co- conspirators by moving them to execute or
implement the criminal plan. (Pp. vs Abut, April 24, 2003)
Note: Conspiracy is a matter of substance which must be alleged in the information, otherwise,
the court will not consider the same.
Kinds of Conspiracy:
1. Conspiracy as a Felony - when the mere agreement is punished. No overt act is necessary to
bring about the criminal liability. The mere conspiracy is the crime itself. However, if the co-
conspirator or any of them would execute an overt act, the crime would no longer be the
conspiracy but the overt act itself. Thus, their liability is for
Illustrations:
A, B, C and D came to an agreement to commit rebellion. Their agreement was to bring about
the rebellion on a certain date. Even if none of them has performed the act of rebellion, there is
already criminal liability arising from the conspiracy to commit the rebellion. But if anyone of
them has committed the overt act of rebellion, the crime of all is no longer conspiracy to
commit rebellion but rebellion itself. This subsists even though the other co-conspirator does
not know that one of them had already done the act of rebellion.
A thought of having her husband killed because the latter was maltreating her. She hired some
persons to kill him and pointed at her husband. The goons got hold of her husband and started
mauling him. The wife took pity and shouted for them to stop but the goons continued. The
wife ran away. The wife was prosecuted for parricide. But the Supreme Court said that there
was desistance, so she is not criminally liable.
2. Conspiracy as a manner or incurring criminal liability - this presupposes that a crime was
committed by two or more persons who agreed to its commission and who performed acts to
bring about the crime. This agreement and cooperation is the conspiracy which serves as the
basis to make all equally liable under the principle that the ―act of one is the act of all‖. There
must be an overt act done before the co-conspirators become criminally liable.
 Kinds:
a. Express - conspirators meet and plan prior to the execution; participants are conspirators
prior to the commission of the crime.
b. Implied - did not meet prior to the commission of the crime; they participated in such a
way that they are acting in concert. Conspiracy is deduced from the manner of
commission.
General Rule: The act of one is the act of all. When conspiracy is established, all who participated
therein irrespective of the quantity or quality of his participation is liable equally, whether conspiracy is
pre-planned or instantaneous.
Exception: One or more conspirators committed some other crime which is not part of the intended
crime.
Illustration:
A, B and C agreed to kill D. When they saw the opportunity, A, B and C killed D and after that, A and B
ran into different directions. C inspected the pocket of the victim and found that the victim was wearing a
ring – a diamond ring – and he took it. The crimes committed are homicide and theft. As far as the
homicide is concerned, A, B and C are liable because that was agreed upon and theft was not an integral
part of homicide. This is a distinct crime so the rule will not apply because it was not the crime agreed
upon. Insofar as the crime of theft is concerned, C will be the only one liable. So C will be liable for
homicide and theft.
Exception to the exception: When the act constitutes an indivisible offense (e.g. composite crime).
In case the crime committed is a composite crime, the conspirator will be liable for all the acts committed
during the commission of the crime agreed upon. This is because, in the eyes of the law, all those acts
done in pursuance of the crime agreed upon are acts which constitute a single crime.
Illustrations:
A, B, and C decided to commit robbery in the house of D. Pursuant to their agreement, A would ransack
the second floor, B was to wait outside, and C would stay on the first floor. Unknown to B and C, A
raped the girl upstairs. All of them will be liable for robbery with rape. The crime committed is robbery
with rape, which is not a complex crime, but an indivisible felony under the Article 294 of the Revised
Penal Code. Even if B and C did not know that rape was being committed and they agreed only and
conspired to rob, yet rape was part of robbery. Rape can not be separated from robbery.
A, B and C agreed to rob the house of D. It was agreed that A would go the second floor, B would stay in
the first floor, and C stands guard outside. All went to their designated areas in pursuit of the plan.
While A was ransacking the second floor, the owner was awakened. A killed him. A, B and C will be
liable for robbery with homicide. This is because, it is well settled that any killing taking place while
robbery is being committed shall be treated as a single indivisible offense.
Conspirators Liable as Principals
For conspiracy to exist, there must be an intentional felony, not a culpable felony, and it must be
proved that all those to be considered as PDPs performed the following:
A. Unity of Intention / Unity of Purpose - They participated, agreed, or concurred in the
criminal design, intent or purposes or resolution.
1. This participation may be prior to the actual execution of the acts which
produced the crime ( Anterior Conspiracy ) or it may be at the very moment
the acts are actually being executed and carried out ( Instant Conspiracy).
2. Hence it is not necessary to prove that before the commission of the crime, the
several accused actually came and met together to plan or discuss the
commission of the crime.
3. Spontaneous agreement or active cooperation by all perpetrators at the
moment of the commission of the crime is sufficient to create a joint criminal
responsibility‖ (Sim Jr. vs. CA, 428 SCRA 459)
B. Unity of Action / Unity in the execution - All participated in the execution or
carrying out of the common intent, design, purpose or objective by acts intended to
bring about the common objective.
1) Each must have performed an act, no matter how small or insignificant so
long as it was intended to contribute to the realization of the crime conspired
upon.
This requires that the principal by direct participation must be at the crime
scene (As a general rule, if there has been a conspiracy to commit a crime in
a particular place, anyone who did not appear shall be presumed to have
desisted), EXCEPT in the following instances: (still a principal by direct
participation)
a. When he is the mastermind
b. When he orchestrates or directs the actions of the others from some
other place
c. His participation or contribution was already accomplished prior to
the actual carrying out of the crime conspired such: his role was to
conduct surveillance or to obtain data or information about the place
 or the victims; to purchase the tools or weapons, or the getaway
vehicle, or to find a safe house
d. His role/participation is to be executed simultaneously but
elsewhere, such as by creating a diversion or in setting up a
blocking force (e.g. to cause traffic).
e. His role/participation is after the execution of the main acts such as
guarding the victim; looking for a buyer of the loot; ―laundering‖
the proceeds of the crime.
Participation In Both (Intention And Action), Why Necessary:
1) Mere knowledge, acquiescence or agreement to cooperate, is not enough to constitute
one as a party to a conspiracy, absent any active participation in the commission of the
crime, with a view to the furtherance of the criminal design and purpose. Conspiracy
transcends companionship.
2) He who commits the same or similar acts on the victim but is a stranger to the
conspiracy is separately liable. Simultaneous acts by several persons do not
automatically give rise to conspiracy.
Examples:
1. X joined in the planning of the crime but was unable to join his companions on the day
of the crime because he was hospitalized. He is not liable.
2. X is the common enemy of A and B who are strangers to one another. Both A and B
chanced upon X. A stabbed X while B shot him. A and B will have individual liabilities.
EXCEPTION: When a person joins a conspiracy after its formation, he thereby adopts the previous acts
of the conspirators which are admissible against him. This is under the Principle of Conspiracy by
Adoption.
Proof of Conspiracy
Best proof of conspiracy: express conspiracy
Direct proof of conspiracy is not necessary. The existence thereof maybe inferred under the Doctrine of
Implied Conspiracy which directs that if two or more persons:
i. Aimed by their acts towards the accomplishment of the same unlawful object.
ii. Each doing a part so that their acts, though apparently independent, were in fact
connected and cooperative.
iii. Indicating a closeness of personal association and a concurrence of sentiment.
iv. A conspiracy maybe inferred though no actual meeting among them to concert is
proved.
Note: When several persons who do not know each other simultaneously attack the
victim, the act of one is the act of all, regardless of the degree of injury inflicted by any
one of them. All will be liable for the consequences. A conspiracy is possible even when
participants are not known to each other. Do not think that participants are always
known to each other.
It is enough that at the time of the commission of the offense, the offenders acted in
concert, each doing his part to fulfill their common design.
Effect of Conspiracy
There will be a joint or common or collective criminal liability, otherwise each will be liable only to
the extent of the act done by him.
In the case of People v. Nierra, SC ruled that even though there was conspiracy, if a co- conspirator
merely cooperated in the commission of the crime with insignificant or minimal acts, such that even
without his cooperation, the crime could be carried out as well, such co-conspirator should be punished
as an accomplice only. The reason given is that penal laws always favor a milder form of responsibility
upon an offender. So it is no longer accurate to think that when there is a conspiracy, all are principals.
For example, there was a planned robbery, and the taxi driver was present during the planning. There,
the conspirators told the taxi driver that they are going to use his taxicab in going to the place of
robbery. The taxi driver agreed but said, I will bring you there, and after committing the robbery I
will return later‖. The taxi driver brought the conspirators where the robbery would be committed.
After the robbery was finished, he took the conspirators back to his taxi and brought them away. It was
held that the taxi driver was liable only as an accomplice. His cooperation was not indispensable. The
robbers could have engaged another taxi. The taxi driver did not really stay during the commission of
the robbery. At most, what he only extended was his cooperation. That is why he was given only that
penalty for an accomplice.
For what crime will the co-conspirators be liable?
1) For the crime actually committed if it was the crime agreed upon.
2) For any other crime even if not agreed upon, provided it was the direct, natural, logical
consequence of, or related to, or was necessary to effect, the crime agreed upon (e.g.killing the
guard). Otherwise only the person who committed the different crime will be held liable (e.g.
killing a stranger)
When is a co-conspirator freed from liability?
a) Only if he has performed an overt act either to:
1. Disassociate or detach himself from the plan (desist before an overt act in furtherance
of the crime was committed)
2. Prevent the commission of the second or different or related crime
There is no criminal proposal when:
1. the person who proposes is not determined to commit the felony.
2. there is no decided, concrete and formal proposal.
3. it is not the execution of the felony that is proposed

b) Likewise, if for any reason not attributable to the law enforcement agents, he was not able to
proceed to the crime scene and/or execute an act to help realize the common objective, then he Conspiracy Proposal
cannot be held liable as a co- conspirator. Thus he is not liable if he got sick, overslept, or Elements Agreement to commit a felony Person decides to commit a
forgot about it, but not when law agents took him into custody to prevent him from doing his and decide to commit it. crime and proposes the same
part of the agreement. to another.
Crimes (The crimes in which Conspiracy to commit Proposal to commit treason,
Thus, in Robbery with Homicide, all who conspired in the robbery will be liable for the conspiracy and proposal are treason, rebellion, sedition, rebellion, coup d’état.
homicide unless one of the conspirators proved he tried to prevent the homicide. punishable are against the coup d‘etat, highway robbery,
security of the state or espionage, direct bribery and *No proposal to commit
Conspiracy As a crime Conspiracy as a Means to commit a crime economic security) arson. sedition
When exist Once the proposal was Is true only up to the point
Mere agreement is sufficient to incur criminal Overt acts are necessary to incur criminal accepted, a conspiracy arises. where the party to whom the
liability. liability. proposal was made has not yet
accepted the proposal.
It is bilateral for it requires It is unilateral, one party
Punishable only when the law expressly so Offenders are punished for the crime itself.
two parties. makes a proposition to
provides.
the other.

PROPOSAL TO COMMIT A FELONY - when one has decided to commit a felony but proposes its
execution to some other person or persons.
General Rule: Still a preparatory act, and therefore, is not, as a rule, punishable.
Exception: When there is a specific provision or law punishing a specific kind of proposal. ( Example:
proposal to commit treason, rebellion, insurrection, coup d‘etat [TRIC]).
Q: Union A proposed acts of sedition to Union B. Is there a crime committed? Assuming Union B
accepts the proposal, will your answer be different?
A: There is no crime committed. Proposal to commit sedition is not a crime. But if Union B accepts the
proposal, there will be conspiracy to commit sedition which is a crime under the Revised Penal Code.
Article 9. Grave felonies, less grave felonies, and light felonies

Requisites of proposal: CLASSIFICATION OF FELONY (According to their gravity)

1. that a person has decided to commit a felony; and
2. that he proposes its execution to some other person or persons.
NOTE: It is not necessary that the person to whom the proposal is made agrees to commit
treason or rebellion.
a. GRAVE FELONIES - those to which attaches the capital punishment or penalties which
in any of their periods are afflictive (6 years and 1 day to reclusion perpetua) in
accordance with article 25 of the code; or fine of more than P6,000.00. They are either 1.
Heinous- the penalty is reclusion temporal to reclusion perpetua or 2. Non heinous.
 The afflictive penalties in accordance with article 25 of the code are:
Reclusion perpetua Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification Prision mayor
b. Less Grave Felonies - those to which the law punishes with penalties which in their
maximum period was correccional (1 month and 1 day to 6 years) in accordance with article
25 of the code; or fine of P200.00 but not more than P6,000.00.
d. determination of who are liable for the offense
e. determination what stage of execution is punishable
f. determination of the period of detention of persons lawfully arrested without warrant.
NOTE: When the RPC speaks of grave and less grave felonies, the definition makes a reference
specifically to Article 25 of the RPC. Do not omit the phrase ―In accordance with Article 25‖ because there
is also a classification of penalties under Article 26 that was not applied.
If the penalty is fine and exactly P200.00, it is only considered a light felony under Article 9.

The following are correctional penalties. If the fine is imposed as an alternative penalty or as a single penalty, the fine of P200.00 is considered a
Prision correctional correctional penalty under Article 26 and it prescribes in 10 years. If the offender is apprehended at any time
Aresto mayor within ten years, he can be made to suffer the fine.
Destierro

c. Light Felonies - those infractions of law for the commission of which the penalty is arresto
menor (1 day to 30 days) or a fine not exceeding P200 or both.

1. They are punished only in their consummated stages except with respect to light
felonies against persons or property. The reason is because they produced such light
or insignificant results that society is satisfied if they are punished even if only in
their consummated stage.
2. Only principals and accessories are liable.

Basis of the Penalty

The basis is the penalty prescribed by the RPC and not the actual penalty imposed by the court. If
both imprisonment and fine are prescribed as penalties, it is the penalty of imprisonment which is
used as basis.

Importance of the classification

a. To determine the prescription of crime and prescription of penalty

In the case of light felonies, crimes prescribe in two months. After two months, the state
loses the right to prosecute unless the running period is suspended. If the offender escapes
while in detention after he has been loose, if there was already judgment that was passed, it
can be promulgated even if absent under the New Rules on Criminal Procedure. If the crime
is correctional, it prescribes in ten years, except arresto mayor, which prescribes in five years.
b. to determine whether complexing of crimes is proper
c. imposition of subsidiary penalty