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Conspiracy

What is Conspiracy?
     It exist when two or more persons come into an agreement concerning the commission of a felony and decide to commit it.
     General Rule:
     Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts.
     Exception:
     Mere conspiracy or proposal to commit a felony is punishable in cases where the law specifically provides a  penalty thereof.
     Requisites:
1. Two or more persons came to an agreement;
2. The agreement concerned the commission of a felony; and
3. The execution of the felony be decided upon.

The law specifically provides penalty for mere conspiracy in: 
Revised Penal Code:
1. Treason
2. Rebellion
3. Insurrection
4. Coup d'etat
5. Sedition
6. Monopolies and Combinations  in restraint of trade.

Special law:
1. Selected acts  committed under Dangerous Drugs Act
2. Espionage
3. Illegal Association
4. Highway Robbery
5. Arson
6. Terrorism under the Human Security Act

Doctrine of Implied Conspiracy
     There  is implied conspiracy if it is proven that two or more persons aimed their acts towards the accomplishment of the same unlawful objects. Each doing a part so that their acts, although apparently independent were in fact connected and cooperative. Thus, indicating a closeness of personal association and a concurrence of sentiment.

Proposal to Commit Felony
     It is committed when the person who has decided to commit a felony proposes its execution to some other person or persons.
Requisites:
1. That a person decided to commit a felony; and
2. That he proposes its executon to some other person or persons.

Punishable Acts of Proposal to Commit Felony under the RPC:
1. Treason
2. Rebellion
3. Insurrection
4. Coup  d'etat
( There is no crime of proposal to commit sedition)
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