although committed with dolo, not withculpa.The persons mentioned in Article 116 arenot limited to mayor, fiscal or governor. Any person in authority having equivalent jurisdiction, like a provincial commander, will already negate criminal liability. Whether the conspirators are parents or children, and the ones who learn theconspiracy is a parent or child, they arerequired to report the same. The reason isthat although blood is thicker than water soto speak, when it comes to security of thestate, blood relationship is alwayssubservient to national security. Article 20 does not apply here because the personsfound liable for this crime are not considered accessories; they are treated as principals.In the 1994 bar examination, a problem wasgiven with respect to misprision of treason.The text of the provision simply refers to aconspiracy to overthrow the government.The examiner failed to note that this crimecan only be committed in times of war. Theconspiracy adverted to must be treasonousin character. In the problem given, it wasrebellion. A conspiracy to overthrow thegovernment is a crime of rebellion becausethere is no war. Under the Revised Penal Code, there is no crime of misprision of rebellion.
Article 117. Espionage
Acts punished1.By entering, without authoritytherefore, a warship, fort or naval or military establishment or reservationto obtain any information, plans,photograph or other data of aconfidential nature relative to thedefense of the Philippines;Elements1.Offender enters any of theplaces mentioned;2.He has no authoritytherefore;3.His purpose is to obtaininformation, plans,photographs or other data of a confidential nature relativeto the defense of thePhilippines.2.By disclosing to the representative of a foreign nation the contents of thearticles, data or information referredto in paragraph 1 of Article 117,which he had in his possession byreason of the public office he holds.Elements1.Offender is a public officer;2.He has in his possession thearticles, data or informationreferred to in paragraph 1 of Article 117, by reason of thepublic office he holds;3.He discloses their contents toa representative of a foreignnation.
Commonwealth Act No. 616 – An Act toPunish Espionage and Other Offensesagainst National Security
Acts punished1.Unlawfully obtaining or permitting tobe obtained information affectingnational defense;2.Unlawful disclosing of informationaffecting national defense;3.Disloyal acts or words in times of peace;