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CONSPIRACY AND PROPOSAL TO COMMIT A FELONY
Criminal Law Lecture Series
Conspiracy has two kinds: one is conspiracy as a crime and the other one is conspiracy as a mode of incurring criminal liability.
Article 8 of the Revised Penal Code pertains to the conspiracy as a crime. It provides that conspiracy and proposal to commit a felony are punishable only in the cases in which the law specially provides a penalty therefor. Hence, conspiracy as a crime is only applicable to cases such as:
1) Conspiracy or proposal to commit treason under Article 15 of the RPC;
2) Conspiracy or proposal to commit rebellion or coup d’etat under Article 136 of the RPC;
3) Conspiracy or proposal to commit sedition under Article 141 of the RPC;
4) Conspiracy to commit arson under Section 7 of P.D. 1613;
5) Conspiracy to commit a crime involving trafficking of dangerous drugs under Section 26 of RA 9165;
6) Conspiracy to commit terrorism under Section 4 of RA 9372;
7) Conspiracy to commit child pornography under Section 4 of RA 9775; and
8) Conspiracy to commit money laundering under Section 4 of RA 9160, as amended by RA 10365.
Here, the mere proposal or agreement of two or more persons to commit the above-mentioned crimes is already a crime. And they can be held liable for such proposal or agreement to commit the said crimes.
But what is conspiracy and proposal to commit a felony, in the first place?
Under Article 8 of the RPC, a conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Meanwhile, there is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
There are three requisites of conspiracy as a crime: 1) there must be an agreement to commit a crime; 2) the conspirators must be decided to commit such crime; and 3) there must be a law prescribing a penalty for conspiring to commit such crime.
This means that even though two or more persons agreed to commit a crime, if no specific law prescribes for the penalty for such conspiracy then they will not commit conspiracy as a crime.
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