MODULE 2 UNIT 1 Evaluate

I. Answer the following related questions diligently. Use your own format. (5
points each)

1. Conspiracy: According to Article 8 of the Revised Penal Code, a conspiracy exists

when two or more persons come to an agreement concerning the commission of a
felony and decide to commit it. The crime of conspiracy known to the common law is not
an indictable offense in the Philippines. Furthermore, an agreement to commit a crime is
a reprehensible act from the viewpoint of morality, but as long as the conspirators do not
perform overt acts in furtherance of their malevolent design, the sovereignty of the State
is not outraged and the tranquility of the public remains undisturbed.

a. Enumerate the instances when Conspiracy is punished under the Revised

Penal Code

The Revised Penal Code specially provides a penalty for mere conspiracy in
Arts. 115,136, and 141.

Art. 115. Conspiracy to commit treason. The conspiracy to commit the crime
of treason shall be punished by the prision mayor and a fine not exceeding
10,000 pesos.

Art. 136. Conspiracy to commit coup d'etat, rebellion or insurrection. The

conspiracy to commit coup d'etat shall be punished by prision mayor in its
minimum period and a fine which shall not exceed 8,000 pesos.

The conspiracy to commit rebellion or insurrection shall be punished by prision

correccional in its maximum period and a fine which shall not exceed 5,000
pesos. (As amended by Rep. Act No. 6968)

Art. 141. Conspiracy to commit sedition. Persons conspiring to commit the

crime of sedition shall be punished by prision mayor in its medium period and a
fine not exceeding 2,000 pesos. (As amended by P.D. No. 942)

2. Proposal to commit felony: A proposal to commit a felony is when the person who has
decided to commit a felony proposes its execution to some other person or persons. It is
when there is a proposal to commit a crime but suggests its execution to another person
to execute it.

II. Define the following and enumerate (JEMAA) at least three (3) examples
each.

3. Justifying Circumstances:
Justifying circumstances are those where the act of a person is said to be in
accordance with law, so that such person is deemed not to have transgressed
the law and is free from both criminal and civil liability. Except as provided in
Article 11, paragraph 4, there is no civil liability, instead, those who benefited
from the act are responsible.
 Examples of justifying circumstances:
 Self-defense
 Fulfillment of lawful duty/exercise of right/office
 Defense of a relative.

4. Exempting Circumstances:
Exempting circumstances (non-imputability) are those reasons for exemption
from punishment when none of the factors that would have made the crime
voluntary or careless were present in the perpetrator. The lack of any
intelligence, freedom of action, intent, or negligence on the side of the accused is
what grounds them for an exemption from punishment.

Examples of exempting circumstances:

 Imbecility or insanity
 Accident - any person who, while performing a lawful act with due care,
causes an injury by mere accident without fault or intention of causing it.
 A minor or a person over nine years of age and under fifteen, unless he
has acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Article 80 of this
Code.

5. Mitigating Circumstances:
The presence of mitigating circumstances during the commission of a crime does
not entirely free the actor from criminal responsibility, but they only serve to
lessen the punishment. Furthermore, these circumstances are based on the
diminution of either freedom of action, intelligence, or intent or on the lesser
perversity of the offender.

Examples of mitigating circumstances:

 Defendant’s age
 Lack of a prior criminal record
 Remorsefulness

6. Aggravating Circumstances:
Aggravating circumstances are those which, if attendant in the commission of the
crime, serve to increase the penalty without, however, exceeding the maximum
of the penalty provided by law for the offense. The greater perversity of the
perpetrator manifested in the commission of the felony is the basis for the
aggravating circumstances, as demonstrated by: (1) the motivating power itself,
(2) the place of commission, (3) the means and ways employed, (4) the time, or
(5) the personal circumstances of the offender, or of the offended party.

Example of aggravating circumstances:

 The accused is a recidivist
 When an act is performed with the intent to offend or without regard for
the victim's dignity because of the victim's position, age, or sexual
orientation
 It occurs when a crime is conducted with a disregard for or insult to the
public authorities
7. Alternative Circumstances:
Alternative circumstances are those that must be taken into account as
aggravating or mitigating factors depending on the nature, consequences, and
additional circumstances surrounding the conduct of the crime. They are the
relationship, intoxication, and the degree of instruction and education of the
offender.

Example of alternative circumstances:

 Relationship
 Intoxication
 Degree of instruction and education of the offender