Conspiracy: Meaning in Criminal Law
Quick answer
In Philippine criminal law, a conspiracy exists when two or more persons come to an agreement to commit a felony and decide to commit it. It is defined in Article 8 of the Revised Penal Code. Conspiracy is a crime by itself only when a law specially punishes it. It does not have to be proved by direct evidence: courts may infer it from how the accused acted together.
Also called: Conspiracy to commit a felony, Proposal to commit a felony
What does Article 8 say?
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.
There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.
So there are two different acts: conspiracy (an agreement and a decision by two or more persons) and proposal (one person who has decided to commit a felony asks others to carry it out). See the full explanation of Article 8.
What are the elements of conspiracy?
In People v. Casabuena (2020), the Supreme Court said that under Article 8, paragraph 2, the elements are:
- two or more persons came to an agreement;
- the agreement concerned the commission of a felony; and
- the execution of the felony was decided upon.
How is conspiracy proved?
In Casabuena, the Court said that proof of conspiracy "need not be based on direct evidence. It may be inferred from the parties' conduct indicating a common understanding among themselves with respect to the commission of a crime." Whether the acts of the accused show a common understanding depends on the evidence in each case.
Is conspiracy always punished?
No. The first paragraph of Article 8 says conspiracy and proposal are punishable only when the law specially provides a penalty for them. Where no law does, the agreement alone is not a crime. Conspiracy also matters when the agreed felony, such as a robbery under Article 294, is actually carried out: in Casabuena, a robbery case, the Court examined whether the accused had acted in conspiracy.
Example
Made-up illustration: Dante and Efren talk for a week about robbing a sari-sari store in Quezon City and agree on who will watch the street and who will take the cash. On the night they planned, they carry out the robbery together. A court may find that they acted in conspiracy, based on their agreement and on how they acted together during the robbery.
Which provisions use this term?
Frequently asked questions
What is conspiracy in simple words?
Under Article 8 of the Revised Penal Code, a conspiracy exists when two or more persons come to an agreement to commit a felony and decide to commit it.
Is conspiracy a crime by itself?
Only when a law specially provides a penalty for it. Article 8 says conspiracy and proposal to commit a felony are punishable only in the cases in which the law specially provides a penalty.
What are the elements of conspiracy?
In People v. Casabuena (2020), the Supreme Court listed them: two or more persons came to an agreement; the agreement concerned the commission of a felony; and the execution of the felony was decided upon.
Does conspiracy need direct proof?
No. In Casabuena, the Court said proof of conspiracy need not be based on direct evidence. It may be inferred from the conduct of the parties showing a common understanding to commit the crime.
What is the difference between conspiracy and proposal?
In a conspiracy, two or more persons agree and decide to commit a felony. In a proposal, a person who has already decided to commit a felony proposes its execution to some other person or persons.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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