In the Philippine legal landscape, the prosecution of Estafa and other forms of fraud often involves more than one individual. When multiple persons coordinate to deceive a victim for financial gain, the doctrine of Conspiracy becomes the cornerstone of their collective criminal liability.

Under the Revised Penal Code (RPC), conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. In the context of Estafa, this means that even if a participant did not personally receive the money or sign the fraudulent document, they can still be held fully liable as a principal.

1. The Core Principle: "The Act of One is the Act of All"

The defining characteristic of conspiracy is that it equalizes the degree of liability among all participants. Once a conspiracy is proven, the specific individual contribution of each accused becomes secondary.

Unity of Purpose: There must be a shared criminal design to defraud the victim.
Collective Liability: If BFP (as a group) conspires to commit Estafa, the person who made the false pretense, the person who acted as a lookout, and the person who received the funds are all equally guilty.
No Seniority in Crime: The "mastermind" and the "small-time recruiter" in a pyramid scheme, for example, face the same penalty if conspiracy is established.

2. Establishing Conspiracy in Fraud Cases

Fraudulent schemes are rarely documented with a written contract of agreement to commit a crime. Therefore, the Supreme Court of the Philippines allows conspiracy to be inferred from the conduct of the accused.

Evidence of Conspiracy

To prove conspiracy in Estafa, the prosecution must show:

Direct Evidence: Rare cases where a witness heard the parties planning the fraud.
Circumstantial Evidence: A series of acts performed by different people that point toward a single objective.

Example: One person introduces the victim to a "high-yield investment," a second person provides fake certificates, and a third person collects the cash. Their synchronized actions indicate a "community of design."

3. Conspiracy in Estafa under Article 315 (RPC)

Estafa generally requires unfaithfulness, abuse of confidence, or deceit. In conspiracy cases, the liability attaches based on how the group collaborated:

Estafa by Deceit: If multiple persons use "aliases" or "fake qualifications" to induce a victim to part with money, everyone involved in maintaining that facade is a co-conspirator.
Syndicated Estafa (P.D. 1689): This is a specialized, non-bailable form of Estafa. If the fraud is committed by a group of five or more persons (forming a syndicate) and results in the misappropriation of funds contributed by stockholders or the general public, the penalty is Life Imprisonment.

4. Defenses Against a Charge of Conspiracy

Being present at the scene of a fraud does not automatically make one a conspirator. To escape liability, the defense usually focuses on:

Mere Presence: Simply being in the office where a fraudulent transaction took place is insufficient for conviction. There must be an active contribution to the criminal goal.
Lack of Knowledge: If an employee was merely following orders and was genuinely unaware that the documents they were processing were forged, the element of "agreement" is missing.
Desistance: If a party backs out of the plan before the fraud is consummated and attempts to prevent its commission, they may be exempt from liability, though this is difficult to prove in fraud cases.

5. Civil Liability in Conspiratorial Fraud

Under Philippine law, every person criminally liable is also civilly liable. In a conspiracy:

Solidary Liability: The conspirators are "jointly and severally" liable to the victim. This means the victim can demand the entire amount of the stolen funds from any one of the conspirators, regardless of how much that specific individual actually pocketed.

Summary Table: Conspiracy vs. Individual Liability

Feature	Individual Liability	Liability via Conspiracy
Penalty	Based strictly on the person's specific act.	The same penalty applies to all, regardless of the role.
Proof Required	Proof of the specific elements of Estafa.	Proof of "unity of purpose" and "community of design."
Civil Damages	Liable only for what they took/caused.	Solidary liability (liable for the full amount).
Key Maxim	N/A	"The act of one is the act of all."