Friday, December 14, 2012

Insanity as a defense - sc.judiciary.gov.ph/jurisprudence/2012/november2012/199875.pdf


see  -  sc.judiciary.gov.ph/jurisprudence/2012/november2012/199875.pdf


"x x x.


Article 12 of the Revised Penal Code (RPC) provides for one of the
circumstances which will exempt one from criminal liability which is when
the perpetrator of the act was an imbecile or insane, unless the latter has
acted during a lucid interval.  This  circumstance, however, is not easily
available to an accused as a successful defense. Insanity is the exception
rather than the rule in the human condition. Under Article 800 of the Civil
Code, the presumption is that every human is sane. Anyone who pleads the
exempting circumstance of insanity bears the burden of proving it with clear and convincing evidence. It is in the nature of confession and avoidance. An accused invoking insanity admits to have committed the  crime but claims that he or she is not guilty because of insanity. The testimony or proof of an accused's insanity must, however, relate to the time immediately preceding or simultaneous with the commission of the offense with which he is charged.13

x x x."