the very existence of the state is in danger.

Note: The two-witness rule does not apply to this crime because this is a
Article 116. Misprision of treason. – Every person owing allegiance to the
Government of the Philippine Islands, without being a foreigner, and having
knowledge of any conspiracy against them, who 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.

separate and distinct offense from that of treason.

Elements:
1. That the offender must be owing allegiance to the Government, and not a
foreigner
2. That he has knowledge of any conspiracy (to commit treason defined
under Article 115) against the Government
3. The he 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

Misprision of treason is a felony committed by omission. This is an

exception to the general rule that mere silence of one does not commit
a crime under the RPC. Here, the offender is criminally liable for a
failure to do an act.

The criminal liability arises if the treasonous activity was still at the
conspiratorial stage. If the treason already erupted into an overt act, the
implication is that the Government is already aware of it and there is no
more need to report the same. Violation of Article 116 is a felony by
omission with dolo and not by culpa.

You must not be in conspiracy with the others- you will be liable under Article
115.

Q: Are parents/children or husbands/wives required to report the same

to the authorities?
They are not accessories under Art. 19 but principals to the crime of
misprision of treason; neither can they claim the benefits of Article 20 which
exempts certain relatives from criminal liability if they acted only as
accessories to the crime. Whether the conspirators are parents or children
and the ones who learn are parents or child, they are required to report the
same. Although blood is thicker than water, when it comes to the security of
the state, blood relationship is always subservient to national security.
Article 20 does not apply here because the persons liable are not considered
as accessories but treated as principals.