ARTICLE 8.
CONSPIRACY AND PROPOSAL TO COMMIT A CRIME
RULE -these cases are not punishable except as provided by law
ELEMENTS
(1) agreement among 2 or more persons to commit (a) conspiracy to commit treason (Art.
a crime 115)
(2) they decide to commit it
**The participants acted in concert or
CONSPIRACY simultaneously which is indicative of a meeting of
the minds towards a common criminal goal or
criminal objective. When several offenders act in a
synchronized, coordinated manner, the fact that
their acts complimented each other is indicative of
the meeting of the minds. There is an implied
agreement.
WHO IS LIABLE
ELEMENTS
(1) a person has decided to commit a crime
PROPOSAL
(2) he proposes its commission to another
CONSPIRACY TO COMMIT A CONSPIRACY AS A MEANS TO COMMIT A
PUNISHABLE IN RPC PUNISHABLE IN SPECIAL LAWS NOTES
CRIME CRIME
(1) conspiracy to violate the /Conspiracy is a matter of substance which must
provisions of Sec. 1-3 of Com. Act /there is an agreement /there is an agreement be alleged in the information, otherwise, the court
No. 616 will not consider the same.
/for example, if treason is committed
(2) conspiracy to commit offenses then conspiracy is considered as a means
(b) conspiracy to commit rebellion (Art. /not punished except in /A conspiracy is possible even when participants
under the Dangerous Drugs Act to commit a crime and accused will be
136) treason, rebellion, sedition are not known to each other.
(Sec. 21) liable of treason and not for conspiracy to
commit treason
(c) conspiracy to commit sedition (Art. /overt acts to realize the criminal purpose
/mere agreement is sufficient /conspiracy is bilateral, it requires two parties
141) must also be performed
/Even though there was conspiracy, if a co-
(d) combinations in restraint of trade conspirator merely cooperated in the commission
(Art. 186) - if there has been a conspiracy to commit a crime in a particular place, of the crime with insignificant or minimal acts,
GENERAL RULE
**mere conspiracy constitutes anyone who did not appear shall be presumed to have desisted such that even without his cooperation, the crime
commission thereof could be carried out as well, such co-conspirator
should be punished as an accomplice only.
(e) brigandage (Art. 306) /There is conspiracy when the offenders acted
**mere conspiracy constitutes EXCEPTION -if such person who did not appear was the mastermind simultaneously pursuing a common criminal
commission thereof design; thus, acting out a common criminal intent.
/For as long as none of the conspirators has committed an overt act, there is no crime yet. But when one of them commits any overt act, all of them shall be held liable, unless
(1)a co-conspirator was absent from the scene of the crime or (2)he showed up, but he tried to prevent the commission of the crime
PUNISHABLE IN RPC WHO IS LIABLE NOTES
(1) proposal to commit treason
/Proposal is unilateral, one
(Art. 115) -only the person proposing or the /Proposal is true only up to the point where the party to whom the proposal was made has
party makes a proposition to
proponent is criminally liable not yet accepted the proposal. Once the proposal was accepted, a conspiracy arises.
(2) proposal to commit rebellion (Art. the other; c
136)