Insanity as an exempting circumstance

Dear PAO,

My neighbor and my husband had an altercation on August 25, 2012. We were surprised when
our neighbor entered our house and stabbed my husband twice on his upper back with a ballistic
knife after the altercation. My husband filed charges against our neighbor. During the
presentation of the defense witness, our neighbor invoked insanity. He said that he had been an
outpatient of a hospital’s psychiatric department as he claimed to hear strange voices and
visions, and had difficulty in sleeping. He likewise claimed that he was confined for two years,
and was diagnosed to be suffering from mental depression and schizophrenia. Do you think our
neighbor can still be held criminally liable for what he did to my husband? What are the things
that we need to do to prove that he was not insane at the time he committed the criminal acts
against my husband? Please enlighten me.
Thank you very much.

Andrea

Dear Andrea,

To answer your question, we shall refer to the Revised Penal Code of the Philippines which
contains a provision that specifically applies to your question, to wit:
“Article 12 of the Revised Penal Code of the Philippines provides that: “The following are
exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted
during a lucid interval. When the imbecile or an insane person has committed an act which the
law defines as a felony (delito), the court shall order his confinement in one of the hospitals or
asylums established for persons thus afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court. xxx.” (Emphasis supplied)

It is clear from this provision that an accused invoking insanity as an exempting circumstance
cannot be held criminally liable if he can prove that he was completely deprived of freedom and
intelligence at the time of the commission of the crime. In the case of Verdadero vs. People
(G.R. No. 216021, March 2,2016), the Supreme Court through Honorable former Associate
Justice Jose C. Mendoza stated:
“Schizophrenia is a chronic mental disorder characterized by inability to distinguish between
fantasy and reality, and often accompanied by hallucinations and delusions. A showing that an
accused is suffering from a mental disorder, however, does not automatically exonerate him from
the consequences of his act. Mere abnormality of the mental faculties will not exclude
imputability. xxx Insanity must relate to the time immediately preceding or simultaneous with
the commission of the offense with which the accused is charged. Otherwise, he must be
adjudged guilty for the said offense. In short, in order for the accused to be exempted from
criminal liability under a plea of insanity, he must categorically demonstrate that: (1) he was
completely deprived of intelligence because of his mental condition or illness; and (2) such
complete deprivation of intelligence must be manifest at the time or immediately before the
commission of the offense.” (Emphasis supplied)

Applying the abovementioned decision in your case, your husband must adduce evidence to
support your claim that your neighbor was not suffering from any mental illness or disorder
completely depriving him of his freedom and intelligence at the time he unlawfully entered your
house and stabbed your husband.