Article 8 F. Distinguish conspiracy and proposal to commit a felony.

A. What is conspiracy? It exists when two or more There is proposal when the
persons come to an agreement person who has decided to
Conspiracy exists when two or more persons come to an agreement concerning the commission of a commit a felony proposes its
concerning the commission of a felony and decide to commit it. felony and decide to commit it. execution to some other person
or persons.
B. Requisites of conspiracy Once the proposal is accepted, a
conspiracy arises. Proposal is true only up to the
1. There is an agreement between two or more persons. point where the party to whom
2. The agreement concerned the commission of a felony. Conspiracy is bilateral, it the proposal was made has not
3. The participants acted simultaneously which is indicative of a requires two parties. yet accepted the proposal.
meeting of the minds towards a common criminal goal or criminal
objective. Proposal is unilateral, one party
makes a proposition to the
C. When does proposal exist? other.

Proposal exists when the person who has decided to commit a felony
proposes its execution to some other person or persons. G. Kinds of conspiracy

D. Requisites of proposal 1. Conspiracy as a crime

1. There is a decision to commit a felony.
2. There is a proposal to execute the felony to some other person or
persons.
E. Is proposal and conspiracy to commit felony punishable?
- The mere conspiracy is the crime itself.
- Only true when the law expressly punishes the mere
conspiracy, otherwise, the conspiracy does not bring about
the commission of the crime because conspiracy is not an
overt act but a mere preparatory act.

General Rule: Conspiracy and proposal to commit a felony are not
punishable.
Ratio: Because they are mere preparatory acts.
Mere knowledge, acquiescence to, or approval of the act, without
cooperation or at least, agreement to cooperate, is not enough to
constitute a conspiracy.
Exception: They are punishable only in cases in which the law
specifically provides a penalty thereof.
Note: Treason, rebellion, sedition, and coup d’état are the only
crimes where the conspiracy and proposal to commit them are
punishable.
2. Conspiracy as a basis of incurring criminal liability
- When the conspiracy is only a basis of incurring criminal
liability.
- There must be an overt act done before the co‐ conspirators
become criminally liable.
 Proposal to commit murder is not a crime.
Ex.
A proposes to murder C to B. If B accepts the proposal,
there will be conspiracy to commit murder which is a crime under the
Revised Penal Code.
When the conspiracy is only a basis of incurring criminal liability, there
must be an overt act done before the co-conspirators become
criminally liable.
When the conspiracy itself is a crime, this cannot be inferred or
deduced because there is no overt act.
All that there is an agreement.
2. Frustrated felony when the offender commences the commission
of a felony as a consequence but which would produce the felony
as a consequence but which nevertheless do not produce the
felony by reason of causes independent of the perpetrator;
3. Consummated felony when all the elements necessary for its
execution are present.
4. Classifications of felonies according to their gravity
1. Grave
- The law attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with Art. 25 of
the RPC. (Art. 9, par. 1, RPC)

On the other hand, if the co-conspirator or any of them would 2. Less grave
execute an overt act, the crime would no longer be the conspiracy but - The law punishes with penalties which in their maximum
the overt act itself. period are correctional, in accordance with Art. 25 of the RPC.
(Art. 9, par. 2, RPC)

ARTICLES 9 -11 3. Light

- Infractions of law for the commission of which the penalty of
A. Importance of classifying the felonies as to their severity arresto menor or a fine not exceeding 40,000 pesos, or both,
To determine: is provided. (Art. 9, par. 3, RPC)

1. Whether these felonies can be complex or not.

2. The prescription of the crime and the prescription of the penalty. C. Circumstances affecting criminal liability

B. Classifications of felonies according to their commission JEMAA

1. Intentional felonies or those committed with deliberate intent 1. Justifying circumstances

2. Culpable felonies or those resulting from negligence, reckless 2. Exempting circumstances
imprudence, lack of foresight or lack of skill. 3. Mitigating circumstances
4. Aggravating circumstances
3. Classifications of felonies according to stages of execution 5. Alternative circumstances

1. Attempted felony when the offender commences the commission

of a felony directly by overt acts, and does not perform all the acts
of execution which should produce the felony by reason of some
cause or accident other than his own spontaneous desistance;
 The other two circumstances found in the RPC affecting criminal 1. Classifications of Justifying Circumstances
liability.
a. Self‐defense
1. Absolutory cause 1) It is the element of unlawful aggression that is in issue. Never
- has the effect of an exempting circumstance and it is confuse unlawful aggression with provocation. Mere
predicated on lack of voluntariness such as instigation provocation is not enough.
2. Extenuating circumstances
- the effect of extenuating circumstances is to mitigate the 2) Self‐defense includes not only the defense of the person or
criminal liability of the offender body of the one assaulted but also that of his rights, the
enjoyment of which is protected by law. It includes: Defense
of the person, Defense of rights protected by law, the right to
Imputability honor.
1. Quality by which an act may be ascribed to a person as its author
or owner. Note: Hence, a slap on the face is considered as unlawful
2. Act committed has been freely and consciously done aggression since the face represents a person and his dignity.
It is a serious, personal attack
Responsibility
1. Obligation of suffering the consequences of crime. 3) Requisites of self‐defense:
a) Unlawful aggression
Guilt b) Reasonable necessity of the means employed to prevent
1. Element of responsibility. or repel it
2. Man cannot be made to answer for consequences of a crime c) Lack of sufficient provocation on the part of the person
unless there is guilt. defending himself

Imputability Responsibility b. Defense of relatives

Deed may be imputed to a person Person must take the consequence 1) Requisites of defense of relatives:
of such a deed. a) Unlawful aggression.
b) Reasonable necessity of the means employed to prevent
D. Justifying Circumstances or repel it.
c) Relative being defended gave no provocation.
1. Are in the nature of defensive acts and there must be always
unlawful aggression. 2) Who are the relatives covered?

2. The reasonableness of the means employed depends on the a) Spouse

gravity of the aggression. b) Ascendants
c) Descendants
3. If the unlawful aggressor was killed, this can only be justified if it d) Legitimate, adopted brothers and sisters, or relatives by
was done to save the life of the person defending or the person affinity in the same degrees.
being defended. The equation is “life was taken to save life.” e) Relatives by consanguinity within the 4th civil degree.
 Note: Justifying circumstances are in the nature of defensive acts, hence,
c. Defense of stranger unlawful aggression must always exist.
1) Who is a stranger?
- Any person not included in the enumeration of relatives
mentioned above. 2. Who has the burden of proof in criminal case?

2) Requisites of defense of strangers: - In criminal cases, the burden of proving guilt is always the
a) Unlawful aggression plaintiff/prosecution.
b) Reasonable necessity of the means employed to - But if the accused sets up an affirmative defense, the burden is on
prevent or repel it him to prove such by “clear, affirmative and strong evidence”
c) Person defending be not induced by revenge, resentment
or other evil motive Avoidance of greater evil or injury. Legal Maxim: EL INCOMBIT PROBOTION QUI DECIT NON QUI
NEGAT (He who asserts, not he who denies, must prove)
d. Fulfillment of duty or exercise of right or office
1) Commission of the crime in line of duty, and there are 2
conditions:
a) The felony was committed while the offender was in the
fulfillment of a duty or in the lawful exercise of a right or
office
b) The resulting felony is the unavoidable consequence of
the due fulfillment of the duty or the lawful exercise of
the right or office.

Note: If the police officer acted with negligence or

imprudence in apprehending violators of the law, the
justifying circumstance of fulfillment of duty cannot be
invoked.

e. Obedience to an order of a superior

1) Requisites of obedience to an order issued for some lawful
purpose:
a) An order has been issued by a superior
b) Such order must be for some lawful purpose
c) Means used by the subordinate to carry out said order is
lawful

Note: Both the person who gives the order, and the
person who executes it, must be acting within the
limitations prescribed by law.