2012 Criminal Law, Q9

Define conspiracy. (5%)
Distinguish by way of illustration conspiracy as a felony from conspiracy as a manner of incurring liability in relation to the crimes of rebellion and murder. (5%)

Quick check

What is the general rule regarding the punishability of conspiracy under Article 8 of the Revised Penal Code?

Which of the following illustrates conspiracy as an independent, standalone felony under Book Two of the RPC?

How does conspiracy function when two offenders conspire to commit murder and execute the killing?

What essential elements must concur to establish the existence of a conspiracy under Article 8 of the RPC?

Choices available with full access.

What is the legal effect of proving conspiracy in the prosecution of a crime that does not penalize conspiracy per se?

Choices available with full access.

Unlock the full Criminal Law answers

Learn more about these topics

1. Definition of Conspiracy
Under Article 8 of the Revised Penal Code, conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. As a general rule, conspiracy is not punishable as an independent crime because it is merely a preparatory act. It becomes punishable only in exceptional instances where the law explicitly attaches a penalty to the mere agreement, or when it functions as a legal mechanism to impute collective criminal responsibility to all participants for an executed felony.

2. Conspiracy as Felony
Conspiracy is penalized as a distinct felony only when a specific penal provision expressly declares the conspiracy itself to be punishable, independent of the actual execution of the underlying crime. A classic illustration is conspiracy to commit rebellion under Article 136 of the Revised Penal Code. The moment two or more individuals agree and decide to overthrow the government by force, the crime of conspiracy to commit rebellion is fully consummated. Actual execution of rebellion is not required to establish criminal liability for the conspiracy.

3. Conspiracy as Liability
When conspiracy is not penalized as an independent crime, it operates as a rule for establishing collective criminal liability. In felonies such as murder, conspiracy is not punishable as a standalone offense. However, if offenders conspire to commit murder and proceed to execute the crime, proof of conspiracy establishes that the act of one is the act of all. Under this principle, every co-conspirator is held criminally responsible as a co-principal for murder, regardless of who delivered the fatal strike.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026