CONSPIRACY (Criminal Law)

Bar Exam Questions and Suggested Answers on Conspiracy (Criminal Law)

QUESTION (2012)

No. IX. a. Define conspiracy. (5%)

SUGGESTED ANSWER: 

When two or more persons come to an agreement concerning the commission of a felony and decide to commit it, there is conspiracy.

QUESTION (2008)

No. XI. Ricky was reviewing for the bar exam when the commander of a vigilante group came to him and showed him a list of five policemen to be liquidated by them for graft and corruption. He was further asked if any of them is innocent. After going over the list, Ricky pointed to two of the policemen as honest. Later, the vigilante group liquidated the three other policemen in the list. The commander of the vigilante group reported the liquidation to Ricky. Is Ricky criminally liable? Explain. (7%)

SUGGESTED ANSWER: 

No, there was no conspiracy between Ricky and the Commander of the vigilante. Mere vouching for the honesty of the two (2) policemen in the list cannot make him a co-conspirator for the killing. Ricky enjoys the presumption of innocence.

QUESTION (2012)

No. IX. b. 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%)

SUGGESTED ANSWER: 

Conspiracy to commit rebellion – if “A” and “B” conspired to overthrow the
government, conspiracy is punishable. Conspiracy to commit rebellion is a felony. Rebellion – if they committed rebellion, they are equally liable for the crime of rebellion. However, they will not be additionally charged with conspiracy to commit rebellion. Since they committed what they conspired,
conspiracy will not be considered as an independent felony but as a manner of incurring criminal responsibility. Conspiracy to commit homicide, not punishable – if “A” and “B” conspire to kill “X”, conspiracy is not punishable. The law provides no penalty for conspiracy to be commit homicide. Homicide - if pursuant to conspiracy to commit homicide, “A” embraced “X” and then “B” stabbed and killed “X”, the conspirators are equally liable for homicide. Conspirators are equally liable for homicide. Conspiracy in this case will be considered as a manner of incurring liability.


Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)