Art. 116. Misprision of treason. - Every person owing allegiance to (the United States or) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason.


Elements:

(1) Offender owes allegiance to the government, and is not a foreigner

(2) He has knowledge of conspiracy to commit treason against the government

(3) He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides, or the mayor or fiscal of the city in which he resides. 


What is the crime of misprision of treason?

It is the failure of a citizen of the Philippines to report as soon as possible a conspiracy, which comes to his knowledge, against the government. (Boado)


Who may commit this crime?

Only citizens of the Philippines may commit this crime.


●  The offender is a principal in the crime of misprision of treason. But he is punished as an accessory to treason. Since the offender is a principal in this crime, Art. 20 does not apply even if he is related to the persons who conspire against the government, because Art. 20 applies only to accessory.

●  Article 116 does not apply when the crime of treason is already committed by someone and the accused does not report its commission to the proper authority. The provision only speaks of “knowledge of any conspiracy against” the Government of the Philippines, not knowledge of treason actually committed by another. (Reyes)

● Article 116 is an exception to the rule that mere silence does not make a person criminally liable. [US vs. Caballeros, 4 Phil 350]