While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping in the maid’s quarters.
The following day, Romeo was found catatonic inside the maid’s quarters. He was brought to the National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable.
Charged with murder, Romeo pleaded insanity as a defense.
a. Will Romeo’s defense prosper? Explain. (2%)
b. What is the effect of the diagnosis of the NCMH on the case? (2%)
Suggested answer only. Not an official answer and not legal advice.
No, Romeo's defense of insanity will not prosper, but the NCMH diagnosis will suspend trial proceedings. Under Article 12(1) of the RPC, insanity exempts an accused only if complete
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Quick check
When must insanity exist to exempt an accused from criminal liability under Article 12(1) RPC?
Article 12(1) of the RPC requires complete deprivation of intelligence at the exact moment of committing the offense.
What is the legal effect if the accused becomes insane after committing a crime?
Supervening insanity suspends the criminal proceedings and requires commitment to a mental institution until sanity is restored.
What quantum of proof is required to establish insanity as an exempting circumstance?
Insanity is an affirmative defense that requires clear and convincing evidence to overcome the presumption of sanity.
Why does murder committed out of anger or jealousy NOT qualify for the defense of insanity?
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What action must the trial court take upon an NCMH diagnosis of supervening mental instability?
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Learn more about these topics
1. Time of Insanity
To exempt an accused from criminal liability under Article 12, paragraph 1 of the Revised Penal Code, insanity or imbecility must exist at the exact moment of committing the crime. The law requires complete deprivation of intelligence or freedom of action during the commission of the offense. Uncontrollable anger, passion, jealousy, or emotional instability does not constitute insanity in law. Where the accused acted with discernment and intent when killing the victim, subsequent emotional distress or mental breakdown following the crime cannot retroactively exempt him from criminal responsibility.
2. Supervening Mental Incompetence
When insanity supervenes after the commission of a crime, it does not exempt the accused from criminal liability. Instead, under Philippine criminal procedure and penal jurisprudence, supervening mental incompetence or insanity suspends the criminal proceedings. The accused cannot be arraigned or tried while mentally incompetent because he cannot properly comprehend the charges or assist in his defense. The trial court must commit the accused to a suitable mental institution, such as the National Center for Mental Health, until his mental sanity is fully restored.
3. Quantum of Proof
Insanity as an exempting circumstance is an affirmative defense that must be proven by clear and convincing evidence. The law presumes every person to be sane and accountable for his acts. The burden of proof rests entirely on the defense to overthrow this statutory presumption by establishing complete deprivation of intelligence at the precise time of the crime. Medical diagnoses or psychiatric evaluations conducted days or weeks after the commission of the offense are insufficient unless they conclusively demonstrate that the mental defect existed during the act.