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LEGAL OPINION 28
16
JULY 8
FACTS:
After the trial of the murder of Mrs. Emily French, Christine Helm/Vole
approached the counsel for the defense of Leonard Vole. She claimed
Christine Helm/ Vole to stab Leonard Vole with a knife that was earlier
knife wound.
Helm/Vole):
Considering the facts of the case as well as what has transpired during
the trial for the murder of Mrs. French, it has come to the attention of
of the case as the law would define murder with the presence of any of
The accused, as seen from the facts of the case, did not commit any of
Article 248 of the Revised Penal Code. Therefore, murder is not the
defined:
2
Art. 249. Homicide. — Any person who, not falling within the
provisions of Article 246, shall kill another without the
attendance of any of the circumstances enumerated in the next
preceding article, shall be deemed guilty of homicide and be
punished by reclusion temporal. (Revised Penal Code)
1 Revised Penal Code
2 Revised Penal Code
EXHAUSTIVE LEGAL OPINION 31
3
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.
When the imbecile or an insane person has committed an act
which the law defines as a felony (delito), the court shall order
his confinement in 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.
(Revised Penal Code)
to human nature.
4
Art. 800. The law presumes that every person is of sound mind,
in the absence of proof to the contrary. (Civil Code of the
Philippines)
insane or not.
However, in the present case, this is one of the defenses that shall
People vs. Celestino Bonoan Y Cruz, G.R. No. L-45130, insanity may
lead uncontrollable acts that may lead to the commission of the crime.
3 Revised Penal Code
4 Civil Code of the Philippines
32 EXHAUSTIVE LEGAL OPINION
clinically examined and tested for possible traces of insanity and have
which the law defines as a felony (delito), the court shall order his
In this defense, the problem lies with the accused admitting to the
crime and that there shall be no acquittal but merely reduction of the
Nonetheless, when the case is futile, this would bring about lesser
he kissed a certain Diana and told her that he, her husband, will leave
showing bad reputation. 7Section 11, Rule 132 of the Rules of Court
has been seen as someone who is always at the bar seducing married
men and has solicit money from them. She has been known as the
paramour of the deceased husband and has great interest over the
Helm/Vole.
6 http://sc.judiciary.gov.ph/jurisprudence/1999/aug99/130608.htm
7 Rules of Court
34 EXHAUSTIVE LEGAL OPINION
being stricken off the records. Ultimately, without such testimony, the