PROPOSAL AND CONSPIRACY

I. Concepts: There is proposal when one has decided to commit a felony but proposes its execution to another. There is conspiracy when two or more persons come into an agreement concerning the commission of a crime and decide to commit it.

II. General Rule: These are still preparatory acts and therefore, are not, as a rule, punishable. Exception: when there is a specific provision or law punishing a specific kind of proposal or conspiracy. For example: proposal to commit treason, rebellion. Conspiracy to commit treason, rebellion, sedition, coup d’etat, highway robbery, espionage, direct bribery and arson.

III. Kinds of conspiracy

A. Conspiracy as a crime: when the mere agreement is punished as in conspiracy to commit espionage

B Conspiracy as a mode or manner of incurring criminal liability. This presupposes that a crime was actually committed by two or more persons who agreed to its commission and who performed acts to bring about the crime. This agreement and cooperation is the conspiracy which serves as the basis to make all equally liable under the principle that the act of one is the act of all.

C. In case of conspiracy as a crime where the conspirators actually committed the crime agreed upon, their liability is for the crime actually committed and they will not be punished again for the act of conspiring. The prior agreement (conspiracy) will be absorbed and becomes conspiracy as a mode of incurring criminal liability.