Vous êtes sur la page 1sur 4

1. What is conspiracy?

- exists when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. (Article 8, RPC)
Requisites of conspiracy:
o Two or more persons come to an agreement. Agreement presupposes meeting of the
minds of two or more persons.
o The agreement pertains to a commission of a felony.
o The execution of the felony was decided upon. Agreement to effect what has been
conceived and determined.
- Conspiracy and proposal to commit a felony are not punishable. (Exception): They are
punishable only in the cases in which the law specially provides a penalty therefore.
2. Conspiracy
CONSPIRACY AS A FELONY DISTINGUISHED FROM CONSPIRACY AS A MANNER OF INCURRING
CRIMINAL LIABILITY:
o As a felony, conspirators do not need to actually commit treason, rebellion,
insurrection, etc., it being sufficient that two or more persons agree and decide to
commit it.
o As a manner of incurring criminal liability, if they commit treason, rebellion, etc., they
will be held liable for it, and the conspiracy which they had before committing the crime
is only a manner of incurring criminal liability, not a separate offense.
3. Define a Proposal to commit Conspiracy
- There is proposal when a person who had decided to commit a felony proposes its
execution to some other person or persons
4. Identify and Define each person criminally liable for commission of Felonies
 For Grave and Less Grave Felonies they are the principals, accomplices and accessories.
For light felonies they are the principals and accomplices only. Accessories are not
liable.
 The classification into principals, accomplices and accessories is based on the Degree of
Participation in the commission of a crime where at least two persons participated.
 To be guilty of a crime, one must commit the crime himself (principal) or if committed
by another, he must, in some manner, participate either in its commission ( accomplice)
or in the fruits thereof ( accessory).

1. This classification does not apply to violations of special laws where the violators are referred
to plainly as offenders, violators, culprits or criminals.

2. The classification into the three major classes does not apply if the several offenders acted in
conspiracy as all will be considered as principals.

3. The purposes of the classification is to determine the proper penalty to be imposed upon the
accused. This is one of the factors in determining the proper penalty to be actually imposed.
Under the Revised Penal Code, when more than one person participated in the commission of
the crime, the law looks into their participation because in punishing offenders, the Revised
Penal Code classifies them as:

 PRINCIPAL
By Direct Participation- Elements:
That they participated in the criminal resolution; and That they carried out their plan
and personally took part in its execution by acts which directly tended to the same end

By Inducement - Elements:
That the inducement be made directly with the intention of procuring the commission
of the crime and that such inducement be the determining cause of the commission of
the crime by the material executor.

By Indispensable Cooperation - Elements:


- Participation in the criminal resolution, that is, there is either anterior conspiracy or
unity of criminal purpose and intention immediately before the commission of the
crime charged; (a) Requires participation in the criminal resolution (b) There must
be conspiracy (c) Concurrence is sufficient
- Cooperation in the commission of the offense by performing another act, without
which it would have been accomplished. (a) Cooperation must be indispensable (b)If
dispensable, accused is only an accomplice (c) If cooperation is necessary in the
execution of the offense, accused is considered as a principal by direct participation.

 ACCOMPLICE
- are persons who, not acting as principals, cooperate in the execution of the
offense by previous and simultaneous acts, which are not indispensable to the
commission of the crime. They act as mere instruments that perform acts not
essential to the perpetration of the offense.
When is one regarded as an accomplice?
(1) Determine if there is a conspiracy.
(2)If there is, as a general rule, the criminal liability of all will be the same, because the
act of one is the act of all.

What are the other traits of an accomplice?


(1) does not have previous agreement or understanding; or
(2) is not in conspiracy with the principal by direct participation.

 ACCESSORY
When accessories are not criminally liable:
(1) When the felony committed is a light felony
(2) When the accessory is related to the principal as (a) spouse (b) ascendant, or
descendant, or (c) brother or sister whether legitimate, or natural or adopted or (d)
where the accessory is a relative by affinity within the same degree, Unless the
accessory himself profited from the effects or proceeds of the crime or assisted the
offender to profit therefrom.

When one cannot be an accessory:


(1) he does not know the commission of the crime
(2) he participated in the crime as a principal or an accomplice

5. Distinguish between a person regarded as


 ACCESSORY
- their participation in the crime comes only after the crime has been committed
by others. It is only then that they enter into the picture.
 PERSON WHO COMMITS A CRIME ON OBSTRUCTION OF JUSTICE
- a person commits criminal obstruction by engaging in any act that interferes
with the investigation or prosecution of a crime.
6. Classify penalties according to whether they are afflictive, correctional or light felonies
Scale of Principal Penalties
A. Capital punishment: (D)
Death.

B. Afflictive penalties: (RP, RT, PAD, TAD, PSD, TSD, PM)


Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

C. Correctional penalties: (PC, AM, S, Des)


Prision correccional,
Arresto mayor,
Suspension,
Destierro.

D. Light penalties: (Am, Pc)


Arresto menor,
Public censure.

E. Penalties common to the three preceding classes: (F, Bond)


Fine, and Bond to keep the peace.
F. Scale of Accessory Penalties (PAD, TAD, PSD, TSD, S, CI, I, F, Pay)
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs

G. Define accessory penalties


H. Penalties via-vis to prevent or provide safety against an individual who commits a crime and
penalties against one who is convicted