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Notes On MENTAL DISORDERS and RA 9165
Notes On MENTAL DISORDERS and RA 9165
Notes On MENTAL DISORDERS and RA 9165
• Insanity in medicine is the prolonged departure of the individual from his natural mental state arising from bodily
disease.
– A person is insane when he is suffering from mental derangement or confusion or a condition which prevents
a person from orienting himself.
NOTE: Insanity is already considered a medically obsolete term for medical mental conditions.
“Art. 38 – Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise
from his acts or from property relations, such as easements.”
“Art. 39 – The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, state of
being deaf-mute… The consequence of these circumstances are governed in this Code, other codes, the Rules of Court and in
special laws. Capacity to act is not limited on account of religious belief or political opinion.”
“Art. 798 - In order to make a will it is essential that the testator be of sound mind at the time of its execution.
“Art. 799 - To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or
that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.
“Art. 800 - The law presumes that every person is of sound mind, in the absence of proof to the contrary.”
“Art. 839 - The will shall be disallowed in any of the following cases:
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(2) If the testator was insane, or otherwise mentally incapable of making a will, at the time of its execution;”
“Art. 1327- The following cannot give consent to a contract: (1) Unemancipated minors;
(2) Insane or demented persons, and deafmutes who do not know how to write.”
g. The guardian or the insane himself, if there is no parent or guardian shall be held liable for damages due to
his insanity:
“Art. 2180, par 3 - Guardians are liable for damages caused by the minors or incapacitated persons who are
under their authority and live in their company.”
a. Insanity at the time of marriage of any or both parties is a ground for the annulment of marriage:
“Art. 45 -
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(2) That either party was of unsound mind unless such party after coming to reason, freely cohabited with the other as
husband and
wife;”
In the Rules of Court
“Rule 130, Sec. 21 -Disqualification by reason of mental incapacity or immaturity. — The following persons cannot be witnesses:
(a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of
intelligently making known their perception to others;”
1. A sane man is assumed to be wholly responsible for the consequence of his criminal act;
2. A person who commits a criminal act is presumed to be sane. The burden of proof lies on the accused to prove that
he is not sane and cannot be held responsible for his criminal act.
3. Actus facit reum nisi mens sit rea (There cannot be a guilty act unless there is a guilty mind).
As an Exempting Circumstance:
“Art. 12 - Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted during a lucid interval.” Cases:
People v. Bonaoan, 64 Phil 87
An accused who committed homicide and has been known to be suffering from dementia praecox with delusions that he
was being molested sexually, or that his property was being taken, was considered insane and exempted from
criminal liability
People v. Bascos, 44 Phil 204
The wife of the accused and her cousin testified that the accused was continuously out of his mind for many years.
The assistance district health officer who examined the accused testified that he was suffering from violent mania and that
condition could be present at the time he killed the deceased. There was no motive for the accused to kill the deceased. The
Court considered the accused insane. People v. Lucena, 69 Phil 350
The accused was suffering from malignant malaria when she attacked, wounded and killed her husband. It has been shown
that malaria affected the nervous system and caused complications like acute melancholia and insanity at times. The
accused was considered not criminally liable.
As a Mitigating Circumstance:
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means
of action, defense, or communications with his fellow beings.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however
depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.” Cases:
The evidence of insanity must refer to the time preceding the act u nder prosecution or to the very moment o
f its execution. If the
evidence points to insanity subsequent to the commission of the crime, the accused cannot be acquitted. He is
presumed to be sane when he committed it.
1. McNaghten’s Rule
A defense on the ground of insanity can be established if it can be proven that at the time of committing the act:
i. The accused was laboring under such defect of reason or from a disease of the mind as not to know the
nature of the act he was doing, or
ii. If he did know, he did not know that what he was doing was wrong.
A person is considered insane when mental disease has rendered him incapable of restraining himself, although he
understands what he is doing and knows it is wrong.
3. Durham Rule
The determination of criminal responsibility is based on the answer to two questions:
ii. If so, was his crime a product of the mental disease or defect?
4. Currens Rule
In order to make the accused not responsible for his act it must be proven that at the time of committing the prohibited
act the defendant, as a result of mental disease or defect, lacked substantial capacity to conform his conduct to the
requirements of the which he has allegedly violated.
5. American Law Institute Rule
i. A person is not responsible for his criminal conduct if at the time of such conduct as a result of mental
disease or defect he lacks essential capacity as a result of mental disease or defect he lacks essential capacity to
appreciate the criminality of his conduct or to conform his conduct to the requirements of the law;
“Art. 79 - Suspension of the execution and service of the penalties in case of insanity. - When a convict shall become insane or an
imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard
to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being
observed in the corresponding cases.”
MENTAL DEFICIENCY
Mental Deficiency, Definition (idiot, imbecile, Feeble-minded, moral defective, mental retarded (profound,
Severe, moderate, mild)
- idiot, imbecile, Feeble-minded, moral defective, mental retarded (profound, Severe, moderate, mild, borderline)
1. Idiot - U
sually congenital and due to defective development of the mental faculties. An idiot is wanting in memory, will
power and emotion.
He cannot express himself by language, is quiet, timid and easily irritated. He cannot guard himself against common
physical dangers. The deficiency is usually associated with physical abnormalities like microcephaly and mongolism. Mentality
never exceeds that of a normal child over 2 years old. The I.Q. is between 0 — 20.
2. Imbecile — Although the mental defect is not as severe as that of idiots, he cannot manage his own affairs. The mental
age may be compared to a normal child from 2 to 7 years old and the I.Q. is 20 - 40.
3. Feeble-minded — Person whose mental defect, although not amounting to imbecility, is pronounced such that he requires
care, supervision, and control for his protection and for the protection of others. He is incapable of receiving proper
benefit from instructions in ordinary school. He lacks initiative and ability for any work or responsibility. He has a
mentality similar to that of a normal child between 7 to 12 years old and an I. Q. of 40-70.
4. Moron — A f eeble-minded person of considerably higher intelligence as that of an imbecile but his intellectual faculties
and judgment are not as well developed as in a normal individual. He can carry routine duties in civilized society as long as
the demands made upon his mental capacity is not too discretionary. He is amenable to the customs of the community
and may not present so much of a social problem.
5. Moral Defective — In addition to the mental defect, there are strong vicious and criminal propensities, so that the person
requires care, supervision and control for the protection of others. He is devoid of moral sense and often shows
intellectual deficiency, though he may be mentally alert. He is careless; pleasure loving; and a devil-may-care sort of young
man or woman who adheres to the principles of "live today for tomorrow we die", "live fast and die young" and "it is only
happiness that counts".
New classification: Mental retardation
6. Profound — I .Q. is under 20, and capable at most to limited self-help. There is most likely
a need for hospitalization or some type of environment in which care is available throughout his life-time.
7. Severe — I.Q. is between 20 and 35 and capable of habit training as a child. As an adult he is likely in need of a controlled
environment.
8. Moderate — I .Q. is 36 to 51 and can develop academic skill equal to about the second grade level. As an adult he will
most probably need a sheltered environment.
9. Mild — I .Q. is 52 — 67 and constitutes the greatest group of mentally retarded. He can develop academic skill to about
the sixth grade level. As an adult he can develop social and vocational skills. Whether he is to be institutionalized or not
depends more on his social skill and on the range of alternatives available to him than on his intellectual functioning.
10. Although it is not a part of the original standard classification, a fifth degree known as borderline retardation with an I.Q.
of 68 — 83 may be added.
How the Court Becomes Aware of the Mental Condition of a Person:
1. EVIDENCE presented - Any party in a proceeding may present evidence to show the mental condition of a person. He
who alleges something must prove the same by presentation of evidence in support of his allegation.
In a criminal proceeding wherein the defense of insanity is invoked, the party must present proof that the accused is
insane and does not know the nature and quality of his act. In the probate of a will, the petitioner must present evidence to
show that the testator is of a sound and disposing mind at the time of execution of a will.
2. COURT ORDER - Upon motion of one of the parties, the court may issue an order to submit a person to a physical and
mental
examination. (Rule 28, Rules of Court)
Rule 28, Rules of Court): Physical and mental examination of person:
Sec. 1. When examination may be ordered — In an action in which the mental or physical condition of a party is in
controversy, the court in which the action is pending may in its discretion order him to submit to a physical and mental
examination by a physician.
Sec. 2. Order for Examination — The order for examination may be made only on motion for good cause shown and
upon notice to the party to be examined and to all other parties, and shall specify the time, place, manner, conditions
and scope of the examination and the person or persons by whom it is to be made.
Sec. 3. Report of findings — If requested by the person examined, the party causing the examination to be made shall
deliver to him a copy of a detailed written report of the examining physician setting out his findings and conclusions.
After such request and delivery the party causing the examination to be made shall be entitled upon request to receive from
the party examined a like report of any examination, previously or thereafter made, of the same mental and physical condition.
If the party examined refuses to deliver such report the court on motion and notice may make an order requiring delivery on
such terms as are just, and if a physician fails or refuses to make such a report the court may exclude his testimony if offered at
the trial.
1. Judicial - Rule 101, Rules of Court (Secs.1 - 5)
- Upon petition by the Director of Mental Health
The immediate relatives, the peace officer or other persons who are concerned with the welfare of the society may force
the insane to be confined in a hospital. Such coercive confinement may be in accordance with the valid exercise of police
power of the state or by virtue of ordinance.
MALINGERING
Malingering, definition
- is the purposeful production of falsely or grossly exaggerated physical and/or psychological symptoms with the goal of
receiving a reward.
- Is the feigning or simulation of a disease or injury characterized by ostentation, exaggeration and inconsistency.
- Malingering, however, is not considered a mental illness
2 TYPES OF MALINGERING
1. Feigning or Fictitious Malingering
- Built up out of pure imagination and does not have the slight basis of fact
2. Factitious Malingering
- A disease really exists as a fact but is converted to a more serious disability or injury or to an exaggeration of the real
complaint
- The person here is really suffering from an injury or disease but he may exaggerate or amplify the seriousness of the
complaint or nature of the injury or disease.
OTHER CONDITIONS MANIFESTING OR
SIMULATING DISTURBANCE OF MENTALITY
Somnambulism
- This is an abnormal mental condition whereby a person is performing an act while in the state of natural sleep.
- The person might be concentrated in a particular train of idea or obsessed by a certain thought which baffled his mind
that he tried to execute it while in the state of sleep.
- Somnambulist has no recollection of the events occurring during the fit
- In several courts of different countries they are exempted from criminal liability Philippine Case:
People v. Gimena – the defendant attacked his wife with a bolo; the defense was that he was in a state of somnambulism when he
attacked his wife. The court held that the offense charged was committed in a state of somnambulism. The courts
recognize somnambulism as an exempting circumstance as a manifestation of insanity. Here, the defendant was placed under
observation for sometime but it was not shown that he was suffering from somnambulism
Semisomnolence or Somnolencia
- When a person is half asleep or in a condition between sleep and waking
- A person may be suddenly aroused and may unconsciously commit a criminal act
Hypnotism or Mesmerism
Person is made unconscious by suggestive influence of the hypnotist
- He may commit a criminal act while under the influence of hypnotism which he may not be capable of doing while under a
normal state
A person cannot be hypnotized against his will
- If a person volunteers to be hypnotized he must anticipate all the consequences of his
acts while under the hypnotic spell
Hypnotism as a defense is not favored in the court
- A person cannot take advantage of his own misconduct
DRUG DEPENDENCE
Drugs, defined.
1. Hypnotics
2. Sedatives and Tranquilizers
3. Hallucinogens and Psychomimetics
4. Stimulants
5. Deliriants and Intoxicants.
DRUG DEPENDENCE means a state of psychic or physical dependence, or both, on a dangerous drug, arising in a
person following administration or use of that drug on a periodic or continuous basis. What is “dangerous drugs”?
R.A. 6425 R.A. 9165
A dangerous drug is a drug Dangerous drugs include
whose use is attended by those listed in the Schedules
risk and therefore unsafe, annexed to the 1961 Single
perilous and hazardous to Convention on Narcotic
people and/or to a society. Drugs, as amended by the
1972 Protocol, and in the
Schedules annexed to the
1971 Single Convention on
Psychotropic Substances as
enumerated in the attached
annex which is an integral
part of this Act.”
Under the Dangerous Drug Act of 1972 drugs are classified into either prohibited drugs and regulated drugs. However,
under the new law R.A 9165 which repealed the R.A 6425, there is no such distinction.
DRUG HABITUATION is the desire to have continues use of drug but with the capacity to refrain physically from
using it.
Drug Addiction Drug Habituation
Edited from the notes of the group of:
Genelyn Omlang
Shemar K. Queniahan
Roland Sacristan
Kiara Nicole B. Tudtud
M3 Legal Medicine Friday 9:00pm to 10:00 pm
Please read the Framework on Plea Bargaining for Drugs Cases, particularly on the procedure (remarks part of the
table) and the requirement on drug dependency exam (DDE).