interviewed upon his admission to the mental institution he recalled having

Interviewed upon his admission to the mental

This preview shows page 33 - 35 out of 49 pages.

interviewed upon his admission to the mental institution, he recalled having taken 120 cc of cough syrup and consumed about 3 sticks of marijuana before the commission of the crime, an admission confirming his prior extrajudicial confession. The presence of his reasoning faculties, which enabled him to exercise sound judgment and satisfactorily articulate the aforesaid matters, sufficiently discounts any intimation of insanity of the accused when he committed the dastardly felonies. (People vs. Aquino) E. WHAT SHOULD BE DONE TO AN INSANE OR IMBECILE WHO HAS COMMITTED A FELONY Where the imbecile or an insane person has committed an act which the law defines as a felony, the court shall order his confinement on one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. Procedure when the imbecile or the insane committed a felony. The court shall order his confinement in one of the hospitals or asylums established for persons afflicted, which he shall not be permitted to leave without first obtaining the permission of the court. But the court has no power to permit the insane person to leave the asylum without first obtaining the opinion of the Director of Health that he may be released without danger. ( Chin Ah Foo vs. Conception).
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F. WHAT ARE THE TESTS OR CRITERION FOR INSANITY In this jurisdiction, There has been no case that lays down a definite test or criterion for insanity. HOWEVER, the definition of insanity under RA 1039 of the RAC supplies the test or criterion. Imbecility or insanity is the complete deprivation of intelligence in the commission of the act, The two tests to determine the mental state are: 1. Cognition test – the complete deprivation of intelligence in committing the criminal act; and 2. Volition test – the total deprivation of the freedom of the will. To constitute insanity, there must be complete deprivation of intelligence or that there be a total deprivation of the freedom of the will. Insanity exists when there is a complete deprivation of intelligence in committing the act, that is, the accused is deprived of reason, he acts without the least discernment, because there is a complete absence of the power to discern, or that there is a total deprivation of freedom of the will. (People vs. Puno, People vs. Magallano) Thus , mere abnormality of mental faculties is not enough, especially if the offender has not lost consciousness of his acts. At most, it is only a mitigating circumstance. (Art. 13, par. 9) The Supreme Court of Spain held that in order that the exempting circumstance of insanity may be taken into account, it is necessary that there be a complete deprivation of intelligence while committing the act, that is, that the accused be deprived of reason; that he acts without the least discernment; or that there be a total deprivation of freedom of the will. (People vs. Formigones) G. WHAT IS SCHIZOPHERNIA? HOW DOES IT AFFECT CRIMINAL LIABILITY
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  • Spring '17
  • john doe

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