Chapter XXXI any of the following causes; existing at the time of

marriage:
MEDICO-LEGAL ASPECT OF (2) (3) That either party was of unsound mind, unless
DISTURBANCE OF MENTALITY such party, after coming to reason, freely cohabited with
the other as husband or wife.
I. INSANITY
d. A testator must be of sound mind at the time of
Insanity may be defined in its sociological,
execution of a will: Art. 7y8, Civil Code — In order to
medical and legal concept.
make a will it is essential that the testator be of sound
In the sociological viewpoint, insanity is the
mind at the time of its execution.
persistent inability through mental causes to adapt
Art. 799, Civil Code — To be of sound mind, it is not
oneself to the ordinary environment. It is the loss of power
necessary that the testator be in full possession of all his
of the individual to regulate his actions and conduct
reasoning faculties, or that his mind be wholly unbroken,
according to the rules of society in which he moves.
unimpaired, or unshattered by disease, injury or other
Insanity in medicine is the prolonged departure of the
cause. It shall be sufficient if the testator was able at the
individual from his natural mental state arising from bodily
time of making the will to know the nature of the estate to
disease.
be disposed of, the proper objects of his bounty, and the
Insanity in law covers nothing more than the
character of the testamentary act.
relation of a person and the particular act which is the
Art. 800, Civil Code — The law presumes that every
subject of judicial investigation.
person is of sound mind, in the absence of proof to the
The term insanity is commonly used to be
contrary.
synonymous with lunacy, madness, unsoundness of
Succession is a legal mode by virtue of which
mind, mental derangement, mental disorder or mental
the property, right and obligations which in life belong to a
aberration or alienation.
person is acquired by his heirs.
Legal Importance of the Determination:
A will is a specie of conveyance whereby a
1. In the Civil Code:
person is permitted, with the formalities prescribed by
a. Insanity is a restriction on the capacity of a
law, to dispose of his property after his death with more or
natural person to act: Art. 38, Civil Code — Minority,
less freedom but limited to a certain degree by law (Riera
insanity or imbecility, the state of being a deaf-mute,
v. Palmaroli, 40 Phil. 105).
prodigality and civil interdiction are mere restrictions on
A codicil is an addition or supplement to a will either to
capacity to act, and do not exempt the incapacitated
add to or to take from the provisions of the principal
person from certain obligations, as when the latter arise
disposition of the will. It must be executed with the same
from his acts or from property relations, such as
formalities as the will itself and when admitted to probate,
easements.
forms a part of the will. It is derived from the Latin
b. Insanity modifies or limits the capacity of a
"codex''.
natural person to act: Art. 39, Civil Code — The
e. A witness to* a will must be of sound mind: Art.
following circumstances, among others, modify or limit
820, Civil Code — Any person of sound mind and of the
capacity to act: age, insanity, imbecility, state of being a
age of eighteen years or more, and not blind, deaf or
deaf-mute. . . . The consequences of these
dumb, and able to read and write, may be a witness to
circumstances are governed in this Code, other codes,
the execution of a will
the Rules of Court and in special laws. Capacity to act is
f. Insanity of the testator is a ground for disallowance
not limited on account of religious belief or political
of a will: Art. 839, Civil Code — The will shall be
opinion.
disallowed in any of the following cases:
c. Insanity at the time of marriage of any or both
(1) (2) If the testator was insane, or otherwise mentally
parties is a ground for the annulment of marriage:
incapable of making a will, at the time of its execution. g.
Art. 85, Civil Code — A marriage may be annulled for
An insane cannot give consent to a contract:
Art. 1327, Civil Code — The following cannot give
consent to a contract: (1) Unemancipated minors:
(2) Insane or demented persons, and deaf-mutes who do
not know how to write.
h. 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, Civil Code — Guardians are liable for
damages caused by the minors or incapacitated persons
who are under their authority and live in their company.
Art. 2182, Civil Code — If the minor or insane person
causing the damage has no parents or guardian, the
minor or insane person shall be answerable with his own
property in an action against him where a guardian ad
litem shall be appointed.
A guardian ad litem is a guardian appointed by the court
to prosecute or defend a suit on behalf of a party
incapacitated because of minority or insanity.
2. In the Revised Penal Code:
a. Insanity exempts a person from criminal liability:
Art. 12, Revised Penal Code — Circumstance 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 lucid interval.
b. A person who becomes insane after final
sentence: Art. 79, Revised Penal Code — 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 circumstances number 1 of article
12 being observed in the corresponding cases.
If at any time the convict shall recover his reason,
his sentence shall be executed, unless the penalty shall
have prescribed in accordance with the provision of this
Code. The respective provisions of this section shall also
be observed if the insanity or imbecility occurs while the
convict is serving his sentence.
3. In the Rules of Court:
a. A guardian on the person of the insane must be
appointed: Rule 92, Sec. 2, Rules of Court — Meaning
of word "incompetent" —
Under this rule, the word 'incompetent" includes. .
. .those who are of unsound mind, even though they have
lucid intervals.
Rule 93, Sec. 1, Rules of Court — Who may petition for
appointment of guardian for resident — Any relative,
friend, or other person on behalf of a resident minor or
incompetent who has no parent or lawful guardian. . . .An
officer of the Federal Administration of the United States
in the Philippines may also file a petition in favor of a
ward thereof, and the Director of Health, in favor of an
insane person who should be hospitalized, or in favor of
an isolated leper,
b. An insane cannot be a witness in court:
Rule 130, Sec. 19 (a), Rules of Court — Physical
disqualification — The following persons cannot be a
witness:
(a) Those who are of unsound mind at the time of their
production for examination, to such a degree as to be
incapable of perceiving and making known their
perception to others.
Factors Having Positive Correlation with the
Development of Mental Disorder:
1. Heredity — This is the most frequent and history
reveals mental illness manifested by ascendants.
2. Incestuous marriage, blood incompatability of
parents, maternal infection during the early stage of
pregnancy.
3. Impaired vitality — Mental worry, grief, physical
strain, unhygienic surroundings, infection, birth trauma
may predispose a person to mental disorder.
4. Poor moral training and breeding — Improper
breeding and moral training according to the social status,
particularly on free will and self-control, undesirable
association, etc.
5. Psychic factors — Emotional disturbance, such as
love, hatred, passion, disappointment.
6. Physical factors:
a. Non-toxic — Exhaustion resulting from severe
physical and mental strain, illness, cerebral hemorrhage,
trauma on the skull affecting the brain.
b. Toxic — This may be produced by excessive formation
or deficient elimination of waste product of metabolism;
by microbic infection, or excessive use of certain drugs.
Some Manifestation of Mental Disorders:
The condition of insanity cannot be considered
clinically by the manifestation of one sign or symptom, but
it is essential to appreciate the condition of the mind as a
whole. Although certain behavior may be observed in
certain types of insanity, they may also be observed in
the clinically non-insane.
1. Disorder of Cognition (Knowing):
a. Disorder in Perception:
(1) Illusion — a false interpretation of an external
stimulus. It may be manifested with the sense of sight,
hearing, taste, touch and smell.
Example: A dragonfly may be considered a vampire bat.
A whistle sound may be considered a bomb explosion. A
normal person may also suffer from illusion but further
investigation by oneself may prove that his judgement is
wrong.
(2) Hallucination — An erroneous perception without
external object of stimulus.
Some Types of Hallucination:
(a) Visual — Seeing things although not present.
(b) Auditory — Hearing voice in absolute
silence.
(c) Olfactory — False perception of smell.
(d) Gustatory — False perception of taste.
(e) Tactile — False perception of touch, as
feeling that a worm is creeping on the skin.
(f) Kinesthetic — False perception of movement.
(g) Hypnagogic — False sensory perception
occurring midway between falling asleep and being
awake.
(h) Lilliputian — Perception of object as reduced
in its size.
b. Disorder of Memory:
(1) Dementia — A form of insanity resulting from
degeneration or disorder of the brain characterized by
general mental weakness, forgetfulness, loss of
coherence, and total inability to reason but not
accompanied by delusion or uncontrollable impulse
(Hibbard v. Baker, 104 N.W. 339, 141 Mich. 124).
Some Types of Dementia:
(a) Acute Dementia — a form of temporary dementia,
occurring in young people and induced by conditions
likely to produce that state, like malnutrition, overwork,
dissipation or too rapid growth.
(b) Dementia Paralytica(General Paralysis of the
Insane) — Degeneration of physical, intellectual and
moral power leading to paralysis ("cirrhosis of the brain").
(c) Dementia Praecox (Schizophrenia) — Dementia of
the adolescence and characterized by loss of memory.
(d) Senile Dementia — Occurring in advanced age and
characterized by loss of memory, with childish and silly
behavior and physical degeneration.
(e) Toxic Dementia — Characterized by weakness of
mind or feeble cerebral activity resulting from continuous
administration or use of toxic chemicals.
(2) Amnesia (Loss of Memory):
(a) Anterograde Amnesia — Loss of memory of
recent event.
(b) Retrograde Amnesia — Loss of memory of
past events and observed in trauma of the head.
c. Disorder of Content of Thought:
(1) Delusion — A false or erroneous belief in something
which is not a fact. A person suffering from delusion is not
always insane. If he can correct his wrong belief by later
experiences, by logic or information from other sources,
then such delusion is not a proof of insanity.
Some Types of Delusion:
(a) Delusion of Grandeur ("Delirium of Grandeur',
Megalomania or "folie de grandeur") — Erroneous
belief that he is in possession of great power, wealth,
wisdom, physical strength, etc. It is not always a sign of
insanity.
A person may think he is a king and dresses and
acts as such.
(b) Delusion of Persecution — A false belief that one is
being persecuted. A person may feel that he is being
poisoned and prepares for his coming end.
(c) Delusion of Reference — One thinks that he is
always the subject-matter of conversation, news, speech
or action although it is not a fact.
(d) Delusion of Self-accusation — A false belief to have
committed a crime or hurt the feeling of others.
(e) Delusion of Infidelity — A false belief derived from
pathological jealousy that one's lover is unfaithful
although she is chaste, and tries to assault her.
 (f) Nihilistic Delusion — A false belief that there is no (2) Melancholia — Intense feeling of depression and
world, that one does not exist, and that his body is dead. misery which is unwarranted by his physical condition and
This condition may occur in involutional melancholia. external environment. He is absorbed by his miserable
(g) Delusion of Poverty — A false belief that one is thought. Aural hallucination is common. Every patient
financially ruined and that he has no money, is starving, suffering from melancholia is a potential suicide
sick or even dead. case.
(h) Delusion of Control — A false feeling that one is The alternative condition of mania and
being controlled by other persons. melancholia is known as manic-depressive psychosis,
(i) Hypochondriacal Delusion — A false feeling that one hence called "folie circulaire." In between attacks of
is suffering from an incurable disease, some parts of his mania and depression is a period of cessation of
body are not functioning, or that he is not physically symptoms of psychosis known as lucid interval. Any
capacitated to do a thing on account of the disease. person who committed a criminal act during lucid interval
(j) Delusion of Depression — patient experiences is criminally liable.
feelings of uneasiness, worthlessness and futility. 2. Disorder of Emotion (Feeling):
(k) Delusion of Negation — feeling that some parts of a. Exaltation — Feeling of unwarranted well-being and
the body are missing. happiness.
b. Depression — Feeling of miserable thought, that a
(2) Obsession — Thought and impulse which continually calamitous incident occurred in his life, something has
occur in the person's mind despite all his attempts to gone wrong with his body functions and prefers to be
keep them out. It is an idea constantly obtruding on the quiet and in seclusion.
consciousness inspite of efforts to drive them away from c. Apathy — Serious disregard of the surrounding
his mind. environment.
A person may lock the door of his bedroom and d. Phobia — Excessive, irrational and uncontrollable fear
go to bed. While in bed he may get up to see if he has of a perfectly natural situation or object.
locked the door. He may go to bed again and again think Some Types of Phobia:
and see whether the door is locked. He may repeat the (1) Fear of Specific Objects:
act the whole night. Obsession is a condition of the mind (2) Fear of Specific Situation:
bordering on sanity and insanity. It is sometimes  Childbirth — Tocophobia
associated with some sort of fear and usually occurs in  Going to bed — Clinopbobia
persons suffering from nervous exhaustion.  Flowers — Anthophobia
d. Disorder on the Trend of Thought:  Men — Andro phobia
(1) Mania — A state of excitement accompanied by  Birds — Ornithophobia
exaltation or a feeling of well-being which is out of  Blood — Hematophobia
harmony with the surrounding circumstances of the  Books — Bibliophobia
patient. The mind is hyperactive, with "flight of ideas"  Robbers — Harpaophobia
which may amount to incoherency. Delusion may be  Sacred things — Hierophobia
present, but it is usually fleeting in character. The  Sharp objects — Belonophobia
increased mental activity also finds expression in  Sun — Heliophobia
increased muscular activity; the patient is restless and  Trees — Dendrophobia
always occupied. His finer instincts are blunted; he  Crossing a bridge —
becomes untidy with his clothing even to the extent of  Marriage — Gamophobia
indecency. He is impatient, irritable, antagonistic and  Open space — Agoraphobia
violent if interfered with. He is sleepless but his phy  Pregnancy — Maieusiophobia
sical health is not greatly affected.  Sexual intercourse — Gephyrophobia
 Daylight — Phengophobia
  Drinking — Dipsophobia (4) Dipsomania — An irresistible impulse to indulge in
 Height — Acrophobia intoxi cation either in alcohol or drugs. Repeated
 Coitophobia intoxication for a number of years with alcohol or drugs
(3) Fear of Place: which is voluntary is not dipsomania. One having power
 Churches — Ecclasiophobia to refrain from the use of intoxicating liquor or drugs and
 Crowds — Ochlophobia who becomes intoxicated voluntarily is not a
 Empty room — Kenophobia dipsomaniac).
 Sea — Thalassophobia (5) Homicidal Impulse — An irresistible inclination or
 Enclosed room — Home impulse to commit homicide prompted usually by insane
 surroundings — Claustrophobia/Ecophobia delusion either as a necessity of self-defense or avenging
 School — Scholionophobia for justice, or as to the patient being the appointed
 River — Potamophobia instrument of a superman justice
 Railways — Siderodro (6) Sex Impulse — This includes all irresistible acts of
 table — Trikaidekaphobia mophobi a sexual perversion.
(4) Fear of Illness or Death: (7) Suicidal Impulse — A strong desire to terminate
 Death — Thanatophobia one's life. This impulse may be present in acute
 Disease — Pathophobia depression.
 Germs — Spermophobia
 Heart disease — Cardio Distinction between Feigned and True Insanity:
 Inf ection — Mysophobia 1. Feigned insanity develops suddenly while true insanity
 Infirnity — Apeirophobia develops insidiously, usually with the observance of some
 Microbes — Bacilliphobia predisposing to an exciting cause if careful history of the
 Snakes — Ophidiophobia case is taken.
 Veneral Disease — phobi a 2. There is no peculiar facial expression in feigned
 Illness — Nosemaphobia insanity which is commonly observed in true insanity.
Cypridophobia The fear of specific objects, 3. Symptoms of insanity may only be observed in feigned
situations, or places may develop as a result of an insanity when he is conscious that he is under
incident, while the fear of illness may start when a friend observation and becomes normal when he is alone and
contracted an illness. Fear of death may develop when unobserved. There is such remission of symptoms in true
one nursed a dying patient and became morbidly insanity.
convinced that he will in the future be in the same 4. In feigned insanity the symptoms may be complete,
condition. numerous and may clinically refer to a specific clinical
3. Disorder of Volition or Conation (Doing): disease. In true insanity, although in some instances the
a. Impulsion or Impulse (Compulsion) — Sudden and symptoms may not refer to a specific clinical disease,
irresistible force compelling a person to the conscious there is more tendency to point to a specific clinical entity.
performance of some action without motive or 5. Violent exertion of feigned insanity usually leads to an
forethought. The person has no power to control it, early exhaustion while in true insanity the patient can
however bad the consequence may be. Some Types of withstand violent exertion without any sign of exhaustion
Impulsion (Compulsion Neurosis): and fatigue.
(1) Pyromania — An irresistible impulse to set things 6. A feigned insane usually observes rules of personal
afire. hygiene and does not look dirty and filthy. A true insane is
(2) Kleptomania — An irresistible impulse to steal filthy, dresses dirtily and does not observe hygiene.
articles of not much value. Steps in the Diagnostic Procedure of Mental
(3) Mutilomania — An irresistible impulse to maim Affection:
animals. 1. Anamnesis:
a. Family History:
(1) Inquire on the medical condition of the parents and
other ascendants, uncles, brothers, and sisters.
(2) Inquire whether anyone of them suffered from
nervous diseases, cerebral affection, suicide, syphilis,
etc.
b. Personal History:
(1) Detailed characteristic from childhood to his present
state.
(2) Determine excess use of intoxicating drugs.
(3) Sexual life, occupation, mental strain, head injury and
early nervous affection.
c. Information from relatives, friends and neighbors:
1. Change of conduct and behavior, habit, previous
conduct or maniacal episode.
2. Physical Examination.
3. Instrumentations:
X-ray, electroencephalogram, scanning and other modern
apparatus.
4. Mental Examination:
5. Psychologic Testing Psychiatric Evaluation
INSANITY AND CRIMINAL RESPONSIBILITY:
Fundamental Principles in Criminal Responsibility:
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. The crime is always considered to be an affair of the
mind as well as the body and to make an act or omission
of a crime, there must be a criminal act (actus reus) and a
criminal mind (mens rea). This is inconsonance with the
legal maxim that "actus facit reum nisi mens sit rea"
(There cannot be a guilty act unless there is a guilty
mind).
Mental Illness may be an Exempting or Mitigating
Circumstance to Criminal Liability:
1. As an Exempting Circumstance: Art. 12, Revised
Penal Code — 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 commited 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.
Case Where Defense of Insanity were Upheld by Court:
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. Bonoan, 64
Phil. 87).
The wife of the accused and her cousin testified
that the accused was continuously out of his mind for
many years. The assistant 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. Bascos, 44 Phil. 204).
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 (People v. Lucena, 69
Phil. 350).
2. As a Mitigating Circumstance: Art. 13, Revised
Penal Code — Mitigating circumstances — The following
are mitigating circumstances:
8. That the offender is deaf and dumb, blind or otherwise
suffering from physical defect which thus restricts his
means of action, defense, or communication 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 consciousness of his acts.
10. And, finally, any other circumstance of a similar
nature and analogous to those above mentioned.
The fact that the accused is suffering from a mild
behavioral disorder as a consequence of an illness she
had in early life is regarded as mitigating circumstance
under Art. 13, Par. 8 or in Par. 9 of the Revised Penal
Code (People v. Amit. 82 Phil. 820).
One who was suffering from acute neurosis
which made him ill-tempered and easily angered was
entitled to the mitigating circumstance because illness
diminished his exercise of will power (People u.
Carpenter C.A. G.R. 4168 Apr. 22, 1940).
Phase In The Criminal Act Where The Evidence Of
Insanity Of The Accused Must Be Established:
The evidence of insanity must be referred to at
the time preceding the act under prosecution or to the
very moment of its execution. In order to ascertain a
person's mental condition at the time of the act, it is
permissible to receive evidence of the condition of his
mind during a reasonable period both before or after that
time. To prove insanity, circumstantial evidence, if clear
and convincing, will suffice (People v. Bonoan, 64 Phil.
93).
Rules Utilized By Courts to Determine Whether The
Mental Condition Of An Accused Exempts Him From
His Criminal Liability:
Art. 12 (1) of the Revised Penal Code provides
that "an imbecile or an insane person, unless the latter
has acted during lucid interval" is exempt from criminal
liability.
In the medical viewpoint a person is insane when
he is suffering from mental derangement or confusion or
a condition which prevents a person from orienting
himself. It is a prolonged departure of the individual from
his natural mental state arising from bodily disease.
The legal definition of insanity by which the court
is guided is more of an intellectual and moral concept
rather than medical. It is a defect of the mind which
renders a person incapable of entertaining a criminal
intent. The law further presumes every person to be sane
and to possess a sufficient degree of reason to be
responsible for his act unless the contrary can be proven.
The following rules have been adopted by
courts to determine whether an accused is suffering
from insanity to exempt him from criminal liability :
1. Earlier Test for Insanity:
a. "Wild Beast Rule": A person is exempted from
criminal liability if he is totally deprived of his
understanding and memory and knows no more than an
infant, a brute, or a wild beast of what he is doing. The
rule has been applied in England (Arnold case, 1724) and
in the United States (State v. Pike, 49 N.H. 399), but was
not universally accepted because: a. Its application is
limited to violent crimes against a person; and b. It is
quite hard to measure the aggressive behavior of a wild
beast. b. Delusion Rule: A person is not responsible for
his act if he is suffering from delusion although he knows
that his act is wrong.
This rule was applied to the James Hadfield case wherein
the accused attempted to kill King George III of England
while entering the Drury Lane Theater. Hadfield was
found to be suffering from a delusion although he knew at
the time that he was actually firing a gun at the King. A
person with delusion may be insane but his suffering from
delusion may not necessarily affect his judgement in a
particular act. If a person who is suffering from delusion
commits an illegal act which has no relation to the
particular delusion from which he is suffering he must be
considered responsible for such an act as if he were
sane.
2. Later Tests for Insanity:
a. McNaghten's Rule (1843): A defense on the ground
of insanity can be established if it can be proven that at
the time of committing the act:
(1) The accused was laboring under such defect of
reason or from a disease of the mind as not to know the
nature and quality of the act he was doing, or
(2) If he did know, he did not know that what he was
doing was wrong.
Under the rule, before an accused can be exempted from
criminal liability, it must be proven first.
(a) That the accused was suffering from the
disease of the mind.
It is the psychiatrist who must determine the presence of
the disease of the mind, although what constitutes the
disease is not entirely clear.
An accused was held to be suffering from the
disease of the mind when he attacked a person during a
temporary loss of consciousness caused by congestion of
the brain due to arteriosclerosis (Bratty v. Atty. Gen. of
Northern Ireland, 1963).
A person who is suffering from malignant malaria
when she killed her husband was held not criminally liable
because of insanity due to disease of the mind (People v.
Lacena, 69 Phil. 330).
(b) It must be proven that the accused did not know the
nature and quality of the act he was doing. A person who,
on account of mental disease, did not know the nature
and quality of his act does not have criminal intent (mens
rea).
(c) If the accused knew the nature and quality of the act,
then it must be proven that he did not know that what he
was doing was wrong. "Wrong", insofar as McNaghten's
Rule is concerned, means contrary to law. The
knowledge that the act was in violation of criminal law has
been held to be sufficient to justify holding the accused
reponsible.
The accused's delusion that the killing in question has
been directed by God was not sufficient to excuse
DISTURBANCE OF MENTALITY 639
him in view of the showing that he knew it was against the
law (McElroy v. State, 146 Tenn. 422).
One who commits bigamy under the delusion that the act
has been directed by a vision from God was held to be
responsible when he admitted he knew at the time that
the act was punishable by law of the State (People v.
Schmidt, 216 N. Y. 324).
Criticisms to the McNaghtensRule:
(1) The rule is too rigid and strict that it unjustly subjects
the insane to punishment.
(2) It is based solely on cognitive factor and ignores
emotion and will.
(3) The test is unintelligible to psychiatrists because it
requires a moral judgment by the physician; a judgment
outside of his professional training, experience and
competence.
In the United State 36 states adopt the rule.
b. Irresistible Impulse Rule: 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. Criticisms to the Irresistible
Impulse Rule:
(1) On account of its laxity it opens the door for the
escape of many persons who are sane and should be
prosecuted as criminals.
(2) There is difficulty in differentiating irresistible impulse
from impulse which can be actually resisted.
(3) It fails to differentiate between real insanity and mere
impulsive condition.
c. Durham Rule: The accused is not criminally
responsible if his act was the product of mental disease
or mental defect. The determination of criminal
responsibility is based on the answer to two questions: (1)
Is the defendant suffering from a mental disease or
defect? (2) If so, was his crime a product of the mental
disease or defect?
Criticisms to the Durham Rule: (1) There seems to be
uncertainties in the definition of "mental disease or
defect". Does it include personality disorders, character
defect, sociopathic disorder which are clinically true
mental diseases?
640 LEGAL MEDICINE
(2) There is ambiguity of the term "product". When is an
act the "product" of the diseased mind or deranged
mental condition within the scope of the rule? (3) The
application of the rule will create a fear that all criminals
would be regarded by psychiatrist as mentally ill, and
hence, no one will be subjected to criminal prosecution or
conviction.
d. 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 law which
he has allegedly violated. Criticisms to the Currens Rule:
Like the Durham Rule, a large number of the prison
population will be considered not guiltv by reason of
insanity.
e. American Law Institute Rule:
In 1955, The American Law Institute with the support of
the American Bar Association, formulated the following
rule of criminal responsibility:
(1) 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 to appreciate the
criminality of his conduct or to conform his conduct to the
requirements of the law;
(2) TVie term "mental disease or defect" does not include
an abnormality manifested only by repeated criminal or
otherwise anti-social conduct.
Criticisms to the American Law Institute Rule: (1) Some
authorities, even psychiatrists, objected to the inclusion of
item (b) of the rule. It has been pointed out that such
exclusionary division discriminates between the poor and
the well-to-do offenders. The poor defendants cannot
avail themselves of a more rigid and more searching
inquiry into their mental state but merely superficial, one
done by government physicians. (2) It does not give the
court a simple, helpful guide in their effort to decide
whether the accused was insane at the time of his act. (3)
The phrase "or to conform his conduct to the requirement
of the law" permits the defendant to find refuge in what is
equivalent to the "irresistible impulse" test.
DISTURBANCE OF MENTALITY 641
There is a need of insanity defense in a civilized society
to show that insane people who do not have criminal
intent while performing a criminal act are not penalized.
Recent court decisions are moving to a broader definition
of mental illness. Some rules now even define mental
disease and mental defect to include addiction,
alcoholism and conceivably even the slightest abberation
of the mind. The expansive meaning of insanity cannot
always be tolerated by law. Law and psychiatry have
been in collision in the recent past.
No matter how mentally ill a person is, he may still
probably be responsible to some degree. Psychiatrists
should offer medical diagnosis and interpretation of signs
of mental illness but not give legal judgment.
The assassination attempt by Hinkley to President Ronald
Reagan of the United States wherein the court
considered Hinkley to be insane has caused the
development of a strong public opinion of re-examination
or restructuring of our law on defense of insanity. There is
now a strong public opinion not to consider insanity as an
exempting circumstance to criminal liability. The following
proposition are suggested for future action:
(1) An accused may be pronounced to be mentally ill. He
can be treated in a mental hospital until recovery. After
recovery he may then be transferred to prison to serve
cut the remaining term.
(2) The accused may be pronounced guilty with
diminished responsibility. His mental condition may be
considered only as a mitigating circumstance to his
criminal liability. Or he may be convicted if found insane
for a lesser offense because of emotional disturbance.
II. MENTAL DEFICIENCY
Mental deficiency (mental subnormality, mental
retardation) is the below-normal intellectual functioning
which originates from the arrest or incomplete
development of the mind during the development period
below the age of 18 which may be induced by various
factors associated with the impairment of learning, social
adjustment or maturation.
Classical Classification: 1 Idiot - Usually 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,
642 LEGAL MEDICINE
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. He
may be able to speak but with poor command of the
language. He can easily be aroused to passion and may
show purposeful behavior. He may be trained to do
simple work under supervision. 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.
Moron — A feeble-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.
4. 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".
(A Sypnosis of Forensic Medicine & Toxicology by C.
Thomas, 2nd ed., p. 125).
Because of the stigma that may likely be attached to the
child if the classical classification (idiot, imbecile, feeble-
minded) is used, new classifications have been adopted
by some countries. Mental retardation is classified as
follows: 1. 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.
DISTURBANCE OF MENTALITY 643
2. 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.
3. 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.
4. 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.
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.
In England, under the Mental Health Act 1959, Part I, No.
4, mental deficiency is simply classified as: 1. Severe
Abnormality — A state of arrested or incomplete
development of mind which includes abnormality of
intelligence and is of such a nature or degree that the
patient is incapable of living an independent life or of
guarding himself against serious exploitation, or will be
incapable when of an age to do.
2. Subnormality — A state of arrested or incomplete
development of mind (not amounting to severe
abnormality) which includes subnormality of intelligence
and is of a nature or degree v/hich requires or is
susceptible to medical treatment or other special care or
training of the patient.
Methods of Estimating Mental Capacity: 1. Intelligence
Tests: At the age of 18 the human mind is presumed to
have attained its full development. Knowledge acquired
after such age comes from experience, memory and
study.
Intelligence testing may be used to (a) diagnose the
degree of mental retardation, (b) study the ways in which
the individual's intellectual ability is threatened by
personality problems, and (c) as a means to understand
personality dimensions. There are many different tests
used by psychometrists and it is sufficient to mention
some of them. a. Performance Tests (Don't Require the
Use of Language): (1) Good Enough Draw-a-person Test
— A subject is asked to draw a person and a number of
corresponding points are
644 LEGAL MEDICINE
given to different parts of the body and clothings. The
total number of points is then converted into a quantitative
measure of intelligence. The test can provide evidence for
personality functioning and conflicts as well as
intelligence estimate.
(2) Raven Progressive Matrices Test: — A series of
designs in which a part is removed from each member of
the series, and the individual is presented with six
alternative parts from which to choose the part which is
missing in the original design. This test is useful in
measuring the person's ability to reason by analogy, for
comparison and to indicate the logical method of thinking.
b. Verbal Test — This depends essentially on words and
numbers.
c. Mixed (Verbal and Non-verbal) Test: (1) Binet Test —
The individual is given credits in months for task
completed successfully, and the individual's total score is
the sum of the months of credit received for items
passed. The total credit in months (mental age) in
conjunction with the individual's chronological age is
converted into an intelligence quotient (I.Q.). The test is
valuable for children under 10 years old. Example: If a
person at the age of 20 was able to answer all the
questions up to the age of 12, 2 in 8, 1 in 9 and 1 in 10
and each of the answers is equivalent to 2 months, then
the person has an intelligence or mental age of 12 years
and 8 months.
(2) Wechsler Tests — (Wechsler Intelligence Scale for
Children — Revised, WISC-R, and Wechsler Adult
Intelligence Scale, WAIS): This consists of 12 subtests
(six verbal and six non-verbal). The verbal test may
consist of information, general comprehension,
similarities and vocabulary. The performance test
includes a variety of scales, like pictures, arrangements,
block design, etc. The row for each subtest is converted
to an equivalent weight score permitting comparison with
other subtests. When the different weighed scores are
added together, the clinician can obtain three different
intelligence quotients: verbal, performance and full scale.
2. Intelligence Quotient (I.Q.): Several test types are
prepared corresponding to every age in months and
these are answered by the person examined. The age of
the person examined is determined in terms of months.
The number of months corresponding to the test type
answered
DISTURBANCE OF MENTALITY 645
divided by the age of the person in months is the
intelligence quotient (I.Q.)
Example: A child at the age of 8 years and 4 months was
able to answer the test for 7 years and 6 months. 8 years
and 4 months is equivalent to 100 months, while 7 years
and 6 months is equivalent to 90 months. 90 divided by
100 equals 90 as I.Q.
/. Q. Classification Above 140 "Near" genius or genius
120- 140 Very superior intelligence 110- 120 Superior
intelligence 90 - 110 Normal or average intelligence 80 -
90 Dullness, rarely classified as feeble-minded 70- 80
Borderline deficiency, sometimes classified as dullness,
often as feeble-minded Below 70 Definitely feeble-minded
Principal Drawbacks to Different Intelligence Tests:
1. The tests seem to give undue weight to memory.
2. The tests do not take into consideration the vision or
hearing of the subject.
3. The tests overlooked the fact that some persons are
inattentive or nervous.
4. Cooperation of the person tested is absolutely
necessary.
Mental Deficiency and Criminal Responsibility: Imbecility,
according to Article 12, par. 1 of the Revised Penal Code,
is an exempting circumstance to criminal liability.
Inferentially the condition of idiocy is also an exempting
circumstance inasmuch as it is of a much more deficient
degree as compared to imbecility.
Feeble-mindedness is a mitigating circumstance provided
in Article 13 par. 8, 9 or even 10 of the Revised Penal
Code.
Art. 13, Revised Penal Code — Mitigating Circumstances
— The following are mitigating circumstances:
8. That the offender is deaf and dumb, blind or otherwise
suffering from some physical defect which thus restricts
his means of action, defense, or communication with his
fellow beings.
9. Such illness of the offender as would diminish the
exercise of will-power of the offender without however
depriving him of consciousness of his acts.
10. And, finally, any other circumstance of a similar
nature and analogous to those above mentioned.
646 LEGAL MEDICINE
The fact that the accused is feeble-minded warrants the
findings in his favor of the mitigating circumstance
provided for in either par. 8 or 9 of Art. 13 of the Revised
Penal Code, namely, that the accused is "suffering from
some physical defect which thus restricts his means of
action, defense or communication with his fellow beings"
or "such illness as would diminish the exercise of his
willpower" (People v. Formigones, 48 O.G. 1772).
How the Court Becomes Aware of the Mental Condition of
a Person: 1. Any party in a proceeding may present
evidences 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 proofs 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. 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:
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
DISTURBANCE OF MENTALITY 647
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.
Ways of Hospitalizing an Insane Person: 1. Judicial
Method: a. Upon petition by the Director of Health. b. The
court upon knowledge that the imbecile or insane
committed a felony.
2. Extra-judicial method: a. Voluntary. b. Involuntary.
1. Judicial Methods:
a. Rule 101, Rules of Court:
Proceedings for hospitalization of insane persons:
Section 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 (Regional Trial Court) of the province where the
person alleged to be insane is found. The petition shall be
filed by the Director of Health in all cases where, in his
opinion, such commitment is for the public welfare, or for
the welfare of said person who, in his judgement, is
insane, and such person or the one having charge of him
is opposed to his being taken to a hospital or other place
for the insane.
Section 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.
Section 3. Hearing and judgment — Upon satisfactory
proof, in open court on the date fixed in the order, that the
commitment applied for is for 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
648 LEGAL MEDICINE
money belonging to the insane until a guardian be
properly appointed. Section 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 (Regional Trial Court)
which ordered the commitment.
Section 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. 2.
The court may order confinement of insane or imbecile
upon knowledge that he has committed^ felony: Art. 12,
Par. 2, Revised Penal Code:
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
permission of the same court.
2. Extrajudicial Methods:
a. Voluntary:
The insane person himself or with the assistance of the
relatives or guardian during the lucid intervals or during
such time that he is still normal may request his
confinement in a hospital or asylum. This is common
among persons who are afflicted with the disease and are
aware of the advantage of hospitalization.
b. Involuntary:
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 coersive confinement may be in accordance with
the valid exercise of police power of the state or by virtue
of ordinance.
Police power is the power inherent in a government to
enact laws within constitutional limitations, to promote
order, safety, health, morals, and the general welfare of
society. Sec. 2238, Revised Administrative Code —
General power of council to enact ordinances and make
regulations: —"The municipal council shall enact such
ordinance and make such
DISTURBANCE OF MENTALITY 649
regulations, not repugnant to law, as may be necessary to
carry into effect and discharge the powers and duties
conferred upon it by law and such as shall seem
necessary and proper to provide for the health and safety,
promote the prosperity, improve the morals, peace, good
order, comfort and convenience of the municipality and
the inhabitants thereof, and for the protection of property
therein".
III. MALINGERING
Malingering is the feigning or simulation of a disease or
injury characterized by ostentation, exaggeration and
inconsistency.
Causes of Malingering:
1. To Avoid Military or Naval Training:
A person may feign disease or injury because he is
required by law to undergo military or naval training.
Under the National Defense Act (Commonwealth Act No.
1) all male citizens of the Philippines who have reached
20 years of age must undergo military training under
penalty of law for failure to do so. All male college
students enrolled must have at least two years of military
training as a requisite for graduation. For some reason or
cause, a person may malinger disease or injury so that he
will not be subjected to such a requirement.
2. To Avoid Court Summons: A person may have
received a summon from a court requiring him to appear
on a specified date, time and place but refuses to appear
because he is a defendant in the case wherein he wants
to delay the proceeding, or he is afraid to be subjected to
the ordeal of direct and cross examination. He may
simulate that he is suffering from a disease or injury
which incapacitate him to attend the trial.
3. As a Defense to a Criminal Prosecution: Impotency
may be utilized by the defendant in the prosecution of the
crime of rape. An accused while on trial may allege that it
is not possible for him to commit the crime of rape
because he is impotent. 4. To Increase Civil Liability: A
plaintiff in a civil action for the recovery of damages and
for the injury sustained may exaggerate the physical
disability so that he may receive bigger award from the
court. 5. To Promulgate Sympathy: A beggar may
exaggerate incapacity or simulate disease or injury so
that the public may be more sympathetic towards him and
give him more alms.
650 LEGAL MEDICINE
Types of Malingering: 1. "Feigned or Fictitious"
Malingering: Malingering is built up out of pure
imagination and does not have the slight basis of fact.
The disease or injury which a person allegedly is suffering
from does not exist at all.
Example: A person may simulate that he is totally blind
while in fact both eyes are normal.
2. "Factitious" Malingering: This is a form of malingering
whereby something really exists as a fact but is converted
to a more serious disability or injury, or to an
exaggeration of the real complaint. Here the person 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.
Example: A person might have received a small
superficial scratch but complained of severe and
unbearable pain and incapacity to move.
Points which Make a Physician Suspect that a Person is
Malingering:
1. Presence of a Cause for the Subject to Malinger:
A person may feign disease or injury because he wants to
avoid something, like military training, court trial or other
obligations which he does not like, or he wants to get
something, like sympathy or greater civil damages.
2. Inconsistency Between the Injuries or Disease Suffered
from and the Symptoms or Disability Manifested:
In factitious malingering the subject may show certain
manifestations which, in the ordinary course of life, are
inconsistent or not proportionate to the actual physical
disability present.
3. Symptoms Not Supported with Organic Lesion: A
woman may allege that she has been abused by force
and that she bied profusely, but on physical examination
a few hours after the alleged assault, no sign of physical
injury was noticed on her private organ.
4. Abrupt Onset of Symptoms:
If a person feigns insanity or some other diseases, he
may manifest abrupt symptoms which are incompatible
with the normal course of disease.
5. Refusal to be Subjected to Painful or Annoying
Treatment: A person may feign that he is suffering from
sprain or fracture of his upper or lower extremities. The
physician may suggest the
DISTURBANCE OF MENTALITY 651
placing of the injured portion under plaster cast and the
patient may refuse because it may put him to some
inconvenience.
A person may complain of some disturbance in the
gastrointestinal tract but when prescribed magnesium
sulfate, he refused to take it.
Whenever a physician is requested to examine a patient
to determine whether he is malingering or not, he must
utilize all of his senses, have a keen observation and
apply methods of detection appropriate for the occasion.
Ways to Determine Malingering:
There is no specific test for a specific form of malingering.
The test applicable depends upon the demand of the
occasion considering the attitude of the subject and the
nature of the malingering. The tests may be:
1. General Procedure — The method is applicable to all
forms of malingering:
a. Observation of the subject during his unguarded
moments:
A person cannot always be conscious that somebody is
observing him. He may for some moments unconsciously
show his normal condition and not exhibit the disability
feigned.
b. Complete history and physical examination: The history
that may be narrated by the subject may not be
compatible with the result of the physical examination and
the manifesting symptoms are common among
malingerers.
c. Application of general anesthesia. d. Application of
sudden unexpected minimal amount of electrical stimulus.
2. Specific Procedure: a. Feigning Blindness: (1) Place a
convex 12D lens before the "good" eye and a weak
concave lens (say 0.25D) before the "blind" eye and ask
the patient to read Snellen's test types from a distance of
6 meters. If he succeeds in reading it is a definite proof
that he is malingering, since it is impossible to read the
type through such convex lens.
(2) Place a lighted candle at a distance of 6 meters from
the patient, and a prism with base upwards or
downwards, before the good eye. If the patient can see
two flames it means that good vision is present on both
eyes. (3) Take a firearm and with the patient focusing his
eyes towards the revolver, fire three or four shots in the
air.
652 LEGAL MEDICINE
Then all of a sudden aim the firearm towards him. If the
patient is blind there will be no instinctive act of dodging.
b. Feigning Deafness: (1) This is a method to determine
whether only one of the ears is allegedly deaf. Place a
loud tickling watch in the supposed sound ear and ask if
he is able to hear the tickling. If he answers in the
affirmative, gradually withdraw the watch and ask him
when he can no longer hear the tick.
Place the watch on the "deaf" ear and ask him if he hears
the tick. He will certainly give a negative answer.
Now let him close both eyes and you place something
metallic (which will make him believe it to be a watch)
against the back of the deaf ear, at the same time hold
the watch behind (but not touching) the sound ear and
ask him if he is able to hear the tick.
If he says no, then he is malingering. (2) Close the sound
ear with cotton. Make a loud noise on the "deaf" ear.
Notice the expression of the face.
c. Feigning Insanity:
There is no specific test or procedure to determine
feigning insanity. A keen observation of the behavior
coupled with the history and physical findings probably
are the most reliable.
IV. OTHER CONDITIONS MANIFESTING OR
SIMULATING DISTURBANCE OF MENTALITY
1. Somnambulism:
This is an abnormal mental condition whereby a person is
performing an act while in the state of natural sleep. A
somnambulist might be concentrated in a particular train Hypnotism as a defense to a criminal act is not accepted
of idea or obsessed by certain thoughts which baffled his with favor in the court. A person cannot take advantage of
mind that he tried to execute it while in the state of sleep. his own misconduct. However, under the Civil Code (Art.
He may commit the crime of murder, infanticide, or 1328) contracts agreed to during hypnotic spells are
parricide while under the influence of the fit. A voidable. The Civil Code seems to acknowledge the
somnambulist has no recollection of the events occurring absence of the normal state of mind of a person under
during the fit and in several courts of different countries the influence of hypnotism.
somnambulists are exempted from criminal liability. 4. Delirium: Delirium is a state of confusion of the mind.
In a case cited by Modi, Marggie Alexander was charged It is characterized by incoherent speech, hallucination,
of having killed her child with a razor while in the state of illusions, delusions, restlessness, and apparently
sleep. The jury gave a verdict of guilt but insane because purposeless motions. A person may, when under the
the somnambulist did not know what she was doing nor state of delirium, commit a crime. It may be advanced that
was capable of appreciating the nature and quality of the a person committing a felonious act while in a delirious
act. state may be exempted from criminal liability although
In the Philippines, in the case of People v. Gimena (55 there is no jurisprudence in the issue yet.
Phil604) the defendant attacked his wife with a bolo. The
defense was that he was in the state of somnambulism
when he attacked his wife. The court held that the offense
charged was committed by the accused while in the state
of somnambulism. Somnambulism is recognized by the
court 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.
2. Semisomnolence or Somnolencia:
A person is in a semisomnolence state when he is half
asleep or in a condition between sleep and waking. A
person may be suddenly aroused and may unconsciously
commit a criminal act, like murder, infanticide or parricide,
or some other crimes, while his mind is at the state of
confusion.
Criminal acts committed in this state do not show
manifestations to justify insanity. There is no
jurisprudence in the Philippines deciding squarely
whether it will exempt a person from criminal liability.
3. Hypnotism or Mesmerism:
A person is made unconscious by the 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, and if a
person volunteers to be hypnotized he must anticipate all
the consequences of his acts while under the hypnotic
spell.