RULE 101

PROCEEDINGS FOR HOSPITALIZATION

OF INSANE PERSONS

Sec. 1. Venue; Petition for commitment. - A petition for the

commitment of a person to a hospital or other place for the insane
may be filed with the Court of First Instance of the province where
the person alleged to be insane is found. The petition shall be filed
by the Director of Health in the all cases where, in his opinion, such
commitment is for the public welfare, or for the welfare of said
person who, in his judgment, is insane, and such person or the one
having charged of him is opposed to his being taken to a hospital or
other place for the insane.

This is applicable only when the hospitalization of the insane person is

for the public welfare or for the welfare of said person provided that the
one who has charge of him is opposed to such confinement.

Insanity denotes condition of mind which is so impaired in function or so

deranged as to induce a deviation from normal conduct in the person so
afflicted; unsound, deranged, delirious or distracted mind.

The fact that the person is acting crazy is not conclusive that he is
insane. The popular meaning of crazy is not synonymous with the legal
term of insane, unsound mind, idiot, or lunatic.

VENUE:

The Regional Trial Court (RTC) of the province or city where the person
alleged to be insane is found.

WHO MAY FILE:

Secretary of Health with the assistance of the city or provincial

prosecutor.

REQUISITES FOR FILING:

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 such as an asylum.

Sec. 2. Order for hearing. - If the petition filed is sufficient in form

and substance, the court, by an order reciting the purpose of the
petition, shall fix a date for the hearing thereof, and copy of such
order shall be served on the person alleged to be insane, and to the
one having charge of him, or on such of his relatives residing in the
province or city as the judge may deem proper. The court shall
furthermore order the sheriff to produce the alleged insane person,
if possible, on the
date of the hearing.
PROCEDURE FOR THE COMMITMENT OF AN INSANE PERSON UPON
THE FILING OF THE PETITION:

1. The court shall set the petition for hearing.

2. The court shall fix the date and place for the hearing where all
concerned may appear to contest the petition.

3. Copies of the notice shall be served upon:

a. The person alleged to be insane
b. The one having charge of him or the relatives residing in the
province/city as the judge may deem proper.

4. The Court shall order the sheriff to produce the allegted insane
person(if possible) on the date of the hearing.

5. upon satisfactory proof that the commitment is necessary and that his
relatives are unable to take proper custody and care of him, the court
shall order his commitment in a hospital/asylum.

6. The court shall make proper provisions for the custody of the property
or money belonging to the insane until a guardian is properly appointed.

RIGHT OF THE INSANE PERSON TO NOTICE AND HEARING:

Insane person has right to notice and hearing would render the
proceedings void or at least a good ground for vacating the order of
commitment.

Sec. 3. Hearing and judgment. - Upon satisfactory proof, in open

court on the date fixed in theorder, that the commitment applied for
is for the public welfare or for the welfare of the insane person, and
that his relatives are unable for any reason to take proper custody
and care of him, the court shall order his commitment to such
hospital or other place for the insane as may be recommended by
the Director of Health. The court shall make proper provisions for
the custody of property or money belonging to the insane until a
guardian be properly appointed.

BURDEN OF PROOF:

In all actions and proceedings, the burden of proving insanity is on the

plaintiff who alleges it, but where it is set up as an affirmative defense,
the burden of proving rests on the defendant.

Sec. 4. Discharge of insane. - When, in the opinion of the Director of

Health, the person ordered to be committed to a hospital or other
place for the insane is temporarily or permanently cured, or may be
released without danger he may file the proper petition with the
Court of First Instance which ordered the commitment.
WHEN MAY A PERSON COMMITTED TO A HOSPITAL BE DISCHARGED:

The Secretary of Health may file a petition in the RTC which ordered the
commitment when he is of the opinion that the person is permanently or
temporarily cured or may be released without danger.

The proceedings for restoration of capacity should be in the court in

which proceedings were had resulting in the adjudication of
incompetency. It is not a new proceeding but as a continuance of the
original guardianship
proceedings.

Director of Health cannot order release of the judicially-committed insane

without the approval of the RTC and the RTC cannot order release
without the recommendation of the Director of Health.

Sec. 5. Assistance of fiscal in the proceeding. - It shall be the duty of

the provincial fiscal or in the City of Manila the fiscal of the city, to
prepare the petition for the Director of Health and represent him in
court in all proceedings arising under the provisions of this rule.

DUTY TO BE REPRESENTED:

It shall be the duty of the provincial or city fiscal, now referred as

prosecutor, to prepare the petition for the Secretary of Health and
represent him in court in all proceedings under this Rule.