CHIN AH FOO VS.

CONCEPCION
G.R. No. L-33281, March 31, 1930
Pangilinan, Alfredo Jr Cruz
Chin Ah Foo vs. Concepcion

◦ FACTS:

◦ Judge Concepcion acquitted Chin Ah Foo of murder on the grounds of

insanity and ordered his treatment at San Lazaro Hospital in accordance with
article 8 of the Penal Code, with the admonition that the accused be not
permitted to leave the institution without first obtaining the court's
permission. Chin Ah Foo was hospitalized for approximately two years in
accordance with this order.
Chin Ah Foo vs. Concepcion
◦ During this time, his wife and father-in-law worked hard to get him released.
The victim's family objected to the motions being granted, claiming that Chin
Ah Foo was still insane as certified by the doctors. Judge Concepcion granted
Chin Ah Foo's request to leave the hospital on the basis of Article 8, paragraph
1 of the Penal Code, which states: "When the imbecile or lunatic has
committed an act which the law defines as a grave felony, the court shall order
his confinement in one of the asylums established for persons thus afflicted,
which he shall not be permitted to leave without first obtaining the permission
of the same court."
Chin Ah Foo vs. Concepcion

◦ Issue:

◦ Can a judge who ordered an insane person to be committed

to an asylum afterwards allow the insane person to depart
without the Director of Health's permission?
Chin Ah Foo vs. Concepcion

◦ Ruling:

◦ No. Section 1048 of the Administrative Code does not

imply that Article 8 of the Penal Code is repealed. Both
Article 8 of the Penal Code and Section 1048 of the
Administrative Code can be interpreted to stand alone.
Chin Ah Foo vs. Concepcion

◦ Ruling:
◦ The Director of Health lacked the jurisdiction to release
someone detained in an asylum by court order pursuant to
Article 8 of the Penal Code without valid legal authorisation. In
contrast, any person detained in an insane asylum by a court
order under article 8 of the Penal Code cannot be released until
the Director of Health has determined whether the individual is
temporarily or permanently cured or can be released without
danger.
Chin Ah Foo vs. Concepcion

◦ Ruling:
◦ Respondent judge exceeded his authority when he
issued his orders without first obtaining the Director of
Health's opinion.