Misprision of Treason
On Criminal Law
Misprision of Treason
ART. 116.
ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to commit treason) against the government
4. He conceals or does not disclose the same to the authorities in w/c he resides.
NOTES:
Offender is punished as an accessory to the crime of treason.
But is actually principal to this crime.
Crime doesn't apply if crime of treason is already committed and it is not reported.
It is a crime of omission.
RPC mentions 4 individuals (i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report to some other high-ranking government. official?
Ex: PNP Director? Judge Pimentel says any government. official of the DILG is OK..
Misprision of treason is a crime that may be committed only by citizens of the Philippines.
The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time.
What is required is to report it as soon as possible.
The criminal liability arises if the treasonous activity was still at the conspiratorial stage.
Any person in authority having the equivalent jurisdiction (of a mayor, fiscal or governor), like a provincial commander, will already negate criminal liability.
Blood relationship is always subservient to national security. Article 20 does not apply here.
Under the Revised Penal Code, there is no crime of misprision of rebellion.
ART. 116.
ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to commit treason) against the government
4. He conceals or does not disclose the same to the authorities in w/c he resides.
NOTES:
Offender is punished as an accessory to the crime of treason.
But is actually principal to this crime.
Crime doesn't apply if crime of treason is already committed and it is not reported.
It is a crime of omission.
RPC mentions 4 individuals (i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report to some other high-ranking government. official?
Ex: PNP Director? Judge Pimentel says any government. official of the DILG is OK..
Misprision of treason is a crime that may be committed only by citizens of the Philippines.
The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time.
What is required is to report it as soon as possible.
The criminal liability arises if the treasonous activity was still at the conspiratorial stage.
Any person in authority having the equivalent jurisdiction (of a mayor, fiscal or governor), like a provincial commander, will already negate criminal liability.
Blood relationship is always subservient to national security. Article 20 does not apply here.
Under the Revised Penal Code, there is no crime of misprision of rebellion.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.