Professional Documents
Culture Documents
3. lack of motive
PP VS BONOAN
Quantum of evidence
insanity as a defense is a confession of avoidance and such as must be proved beyond
reasonable doubt.
Bonoan case
a. accused confined at San Lazaro Hospital twice
b. dementia precox is an exempting circumstance
c. insomnia for 4 days before the crime, symptom of or leads to dementia precox
d. a day after his arrest he was sent to the psychopathic hospital
e. alienist reported that the accused had a form of psychosis- manic depressive psychosis
Commission vs. Trial
Insanity at the time of the commission of the offense is different from insanity at the time of
the trial. in the first instance, it is an exempting circumstance, in the second the accused is
not exempt but the proceedings are suspended until the accused is fit to stand trial.
pp vs. legaspi
"mere prior confinement does not prove that accused-appellant was deprived of reason at
the time of the incident"
"caught with his pants down"
"mental depravity which results not from any disease of the mind, but from a perverted
condition of the moral system, where the person is mentally sane, does not exempt one
from responsibility for crimes committed under its influence." (Legaspi)
p vs. madarang
the courts have established a more stringent criterion for insanity to be exempting as it is
required that there must be a complete deprivation of intelligence in committing the act.
Establshing insanity is a question of fact and may be established by:
a. witness who is intimately acquainted with the accused;
b. witness who has rational basis to conclude
c.
pp vs. opuran
a man's act is presumed voluntary. it is improper to assume the contrary, i.e. that acts were
done unconsciously
STRINGENT STANDARD
"the stringent standard... requires that there be a complete deprivation of intelligence in
committing the act..."
- expert witness could not state legal basis
II. MINORITY
RA 9344, Juvenile and Justice Welfare Act (May 20, 2006)
New concepts:
1. age of criminal responsibility
2. effects
3. presumptions
Age of Criminal Responsibility
A child fifteen years of age and under at the time of the commission
of the offense is exempt from criminal liability. (sec. 6)
Child is subject to intervention. Intervention refers to a series of
activities which are designed to address issues that caused the
child to commit and offense.
Intervention refers to a series of activities which are designed to address ssued that caused
the child to commit an offense.
Child 15 or below, initial contact with child must:
1. release parents, guardian or nearest relative
2. notify LSWDO, determine the approproiate program
3. O/W
4. NGO
5. barangay
6. local SWD or DSWD
Above 15 but below 18
without discernment- child is exempt but subject to intervention
with discernment- subject to appropriate proceedings, i.e. diversion
no exemption from civil liability