Article 8 of the Revised Penal Code: Conspiracy and proposal
Status: In force
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.
What does it mean in plain language?
Article 8 defines conspiracy and proposal to commit a felony. A conspiracy exists when two or more persons agree to commit a felony and decide to commit it. A proposal exists when a person who has decided to commit a felony asks someone else to carry it out. Neither is a crime by itself unless a specific article of the law punishes it.
The full text:
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.
How does it work in real life?
Jojo and Ben: an agreement that is carried out
Jojo and Ben agree to rob a store and decide on the night to do it. Jojo keeps watch while Ben goes inside. The prosecution may charge both and try to prove the conspiracy from what each of them did. Whether Jojo is liable for the robbery, and how, is for the court to decide.
Rey: an agreement that is never carried out
Rey and a friend talk about stealing a neighbor's motorcycle and agree to do it someday, but they never take any step. Article 8 says conspiracy is punished only where the law specially provides a penalty. Unless a specific article punishes conspiracy to commit that crime, an agreement that is never carried out is not punished under Article 8.
Lorna: in-laws who join in
Lorna's husband and his mother harass and threaten her together. In Go-Tan, the Supreme Court allowed a protection-order petition to proceed against parents-in-law alleged to have conspired with the husband.
What does this mean in practice?
- Agreement plus decision. Article 8 needs both: two or more persons agree on a felony and decide to commit it.
- Proof can be circumstantial. Under Casabuena, a court may infer conspiracy from the conduct of the parties.
- The court decides. Whether conspiracy was proven, and against whom, depends on the evidence in each case.
- Related pages: murder, homicide and robbery.
- For an overview of killings and injuries, where conspiracy often comes up, see crimes against persons.
What is conspiracy?
Conspiracy is an agreement between two or more people to commit a felony, together with a decision to commit it. The Supreme Court lists its elements this way in People v. Casabuena (2020):
| Element | What it means |
|---|---|
| 1 | Two or more persons came to an agreement |
| 2 | The agreement concerned the commission of a felony |
| 3 | The execution of the felony was decided upon |
See also the comparison principal vs accomplice vs accessory.
Is conspiracy a crime by itself?
As a rule, no. The first paragraph of Article 8 says conspiracy and proposal are punished "only in the cases in which the law specially provides a penalty therefor". One example is Article 136 of the Code, which sets penalties for conspiracy and proposal to commit coup d'etat, rebellion or insurrection.
When the law does not punish the agreement itself, conspiracy still matters if the crime is actually carried out: courts look at whether the accused conspired when they decide the liability of each one. Whether conspiracy was proven, and what it means for each accused, is decided by the court.
How is conspiracy proved?
It does not need a written or spoken agreement shown in court. In Casabuena, the Supreme Court said: "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."
So a court can look at what the accused did before, during and after the crime, and ask whether their acts show they were working toward the same goal.
What is proposal to commit a felony?
A proposal needs a person who has already decided to commit a felony and who proposes that another person or persons carry it out. Like conspiracy, it is punished only when a specific article provides a penalty for it, as Article 136 does for coup d'etat, rebellion and insurrection.
Does conspiracy apply outside the Revised Penal Code?
The Supreme Court has applied it to at least one special law. In Go-Tan v. Spouses Tan (2008), a wife filed a petition for a protection order under Republic Act No. 9262 (the Anti-Violence Against Women and Their Children Act). It named her husband and his parents. The Court held that "the principle of conspiracy under Article 8 of the RPC may be applied suppletorily to R.A. No. 9262", so the petition could proceed against the parents-in-law alleged to have conspired with the husband. See how to file a VAWC case.
Which Supreme Court rulings are relevant?
Frequently asked questions
What is conspiracy under the Revised Penal Code?
Article 8 says a conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.
Is conspiracy a crime by itself?
Only when the law specially provides a penalty for it. Article 8 says conspiracy and proposal to commit a felony are punishable only in those cases. An example is Article 136, which punishes conspiracy and proposal to commit coup d'etat, rebellion or insurrection.
What is proposal to commit a felony?
Under Article 8, there is proposal when a person who has decided to commit a felony proposes its execution to some other person or persons. Like conspiracy, it is punished only when the law specially provides a penalty.
Does conspiracy need direct proof?
No. In People v. Casabuena (2020), the Supreme 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 about the crime.
Does conspiracy apply to VAWC cases?
In Go-Tan v. Spouses Tan (2008), the Supreme Court held that the principle of conspiracy under Article 8 may be applied suppletorily to Republic Act No. 9262. A petition for a protection order could proceed against parents-in-law alleged to have conspired with the husband.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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