Par 1 An imbecile or an insane person unless the latter has acted during a

Par 1 an imbecile or an insane person unless the

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Par. 1 — An imbecile or an insane person, unless the latter has acted during a lucid interval. Imbecility distinguished from insanity. This paragraph establishes the distinction between imbecility and insanity, because while the imbecile is exempt in all cases from criminal liability, the insane is not so exempt if it can be shown that he acted during a lucid interval. During lucid interval, the insane acts with intelligence. An imbecile is one who, while advanced in age, has a mental development comparable to that of children between two and seven years of age. An imbecile within the meaning of Art. 12 is one who is deprived completely of reason or discernment and freedom of the will at the time of committing the crime. (People vs. Ambal, People vs. Formigones) How is insanity manifested - evinced by a deranged and perverted condition of the mental faculties WHICH IS MANIFESTED in language and conduct. Insanity is manifested through 1. a person’s general conduct and appearance 2. his acts and conduct consistent with his previous character and habits, 3. his irrational acts and beliefs, 4. as well as his improvident bargains. How is insanity disproved – The following circumstances negate a complete absence of intelligences of the accused: 1. immediately after he killed the victims he thought of surrendering to the PC Detachment; 2. he showed remorse during his confinement at the Mental Hospital; and 3. he was able to give a Sworn Statement before the Prosecutor’s Office immediately after the commission of the crimes narrating his version of the incident. Basis of paragraph 1 The exempting circumstance of insanity or imbecility is based on the complete absence of intelligence, an element of voluntariness. D. WHAT IS THE RULE WHEN INSANITY IS INTERPOSED AS A DEFENSE GR: The law presumes every man to be sane thus EXC: It is the burden of the accused to establish that fact. HENCE, in the absence of sufficient evidence to prove insanity, the legal presumption of sanity stands. The defense of insanity, like self-defense, is in the nature of avoidance and confession, THUS the burden rests with the accused to prove he was insane at the time of the commission of the offense. Who has the burden of proof to show insanity? The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity. (People vs. Bascos) Sanity being the normal condition of the human mind, the prosecution may proceed upon the presumption that the accused was sane and responsible when the act was committed. The presumption is always in favor of sanity and the burden of proof of insanity is on the defense. (People vs. Aquino) Evidence of insanity. The evidence of insanity must refer to the time preceding the act Article 800 of the NCC – the law presumes all acts to be voluntary. Not every aberration of the mind or exhibition of mental deficiency is insanity.
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  • Spring '17
  • john doe

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