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- 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.
Exception: Light felonies committed against persons or property, are punishable even if
attempted or frustrated.
Reason for the exception: The commission of felonies against persons or property presupposes
in the offender moral depravity. For that reason, even attempted or frustrated light felonies
against persons or property are punishable.
Art. 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 therefore.
A conspiracy exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.
There is proposal when the person who has decided to commit a felony propose its execution to some
other person or persons.
Conspiracy is not a crime except when the law specifically provides a penalty therefore.
- a conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.
- Generally, conspiracy is not a crime except when the law specifically provides a penalty
therefore as in treason, rebellion and sedition.
- An agreement to commit a crime is a reprehensible act from the viewpoint of morality, but as
long as the conspirators do not perform overt acts in furtherance of their malevolent design, the
sovereignty of the State is not outraged and the tranquility of the public remains undisturbed.
General rule: Conspiracy and proposal to commit felony are not punishable.
Exception: They are punishable only in the cases in which the law specially provides a penalty
therefore.
Reason for the rule: Conspiracy and proposal to commit a crime are only preparatory acts and the
law regards them as innocent or at least permissible except in rare and exceptional cases.
When the conspiracy relates to a crime actually committed, it is not a felony but only a
manner of incurring criminal liability, that is, when there is conspiracy, the act of one is the
act of all.
Even if the conspiracy relates to any of the crimes of treason, rebellion and sedition, but any
of them is actually committed, the conspiracy is not a separate offense; it is only a manner
of incurring criminal liability, that is, all the conspirators who carried out their plan and
personally took part in its execution are equally liable. The offenders are liable for treason,
rebellion, or sedition, as the case may be and the conspiracy is absorbed.
When conspiracy is only a manner of incurring criminal liability, it is not punishable as a
separate offense.
Indications of conspiracy
When the defendants by their acts aimed at the same object, one performing one part and the
other performing another part so as to complete it, with a view to the attainment of the same
object, and their acts, though apparently independent, were in fact concerted and cooperative,
indicating closeness of personal association, concerted action and concurrence of sentiments.
It is fundamental for conspiracy to exist that there must be unity of purpose and unity in the
execution of the unlawful objective.
Art 186 of the RPC punishing conspiracy
Requisites of Conspiracy
Conspiracy renders all the conspirators as co-principals regardless of the extent and
character of their participation because in contemplation of law, the act of one
conspirator is the act of all.
Requisites of Proposal: