Practice question
One group agrees and decides to commit rebellion; another person decides to commit it and proposes execution to others. Neither underlying rebellion is carried out. A party argues that the absence of actual rebellion always removes every possible criminal act. Which is best?
- Article136 expressly penalizes the defined conspiracy and proposal to rebellion or insurrection; each charge depends on proof of its own elements
- No preparatory offense can exist
- Every discussion proves both offenses automatically
- The participants need not have any criminal decision
- The court must convict of consummated rebellion regardless of facts
Legal references
- RA10951, Section6, amended Article136; RPC Article8: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html
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