Hospitalization of the Insane:

Rule 101 of the Rules of Court

Insanity is a condition of the mind which is so impaired in function or so deranged as to induce a deviation

from normal conduct on the persons so afflicted.

The fact that a person is acting crazy is not conclusive that he is insane. The popular meaning of the word

“crazy” is not synonymous with the legal term “insane”, “non compos mentis”, “unsound mind”, “idiot” or

“lunatic”

(US v. Vaquilar, GR. Nos. L-9471 and L-9472, March 13, 1914)

Requisites:

1. Secretary of Health is of the opinion that the commitment of the person alleged to be insane is

for public welfare or for the welfare of said person; and

2. Such person or the one having charge of him opposed to his being taken to a hospital or other

place for insane person (i.e. asylum)

A petition must be filed in the Regional Trial Court by the person in custody or having charge of an insane

person. If he refuses to do so and where it is required for the welfare of the insane person or of the public, the

petition shall be filed by the Director of Health or the present authorized officer.

Once the insane person is judicially committed to the hospital or asylum, the Director of Health cannot order his

release without the approval of the Regional Trial Court which ordered the commitment. Also, the court cannot

order his release without the recommendation of the Director of Health.