November 15, 2018

Mr. Ralph Maceda

Zamboanga City, Philippines

Dear Mr. Maceda:

Here is the opinion that you requested.

The facts, as I gather from you are as follows:

For two years, you were confined and diagnosed to be suffering from
mental depression and schizophrenia.

You were teased by your neighbor named George Fernando.

Accordingly, you inflicted stab wounds. George is suing you for attempted
homicide.

The question you pose is whether you may be held liable for
attempted homicide, or you may be exempted with plea of insanity as a
defense under paragraph 1 of Article 12 of the Revised Penal Code.

In my opinion, we must establish in your defense that you were in the

state of insanity before and simultaneous the commission of the crime.

I base my opinion on the following:

Insanity as an exempting circumstance is provided for under

paragraph 1, Article 12 of the Revised Penal Code:

Article 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.

Schizophrenia is formerly called dementia praecox. This is icovered

by the term insanity from the ruling of the Supreme Court in People vs.
Bonoan1 that reads:
All persons suffering from this are clearly to be regarded as having
mental disease to a degree that disqualifies them for legal
responsibility for their actions. x x x

1
 The symptoms of dementia praecox, in certain periods of excitement,
are similar to those of manic depressive psychosis and in either case,
the mind appears deteriorated x x x because he has no control of his
acts. x x x

What would be beneficial in proving that were in the state of insanity

before and simultaneous the commission of the crime are the following
which can be done by you and/or your guardian:

1. To obtain the document relating to your record in the hospital where

you were confined for two years. This will be your evidence that you
were diagnosed and confined with depressive disorder and
schizophrenia.

2. To be tested by one or more psychiatrists and/or any fit medical

doctor to conduct psychological examination on you. This will require
that you will be confined again in one of the hospitals that the court
finds competent. After evaluation, when proven that your reasoning is
distorted by the mental disorders, the doctors can be presented as
expert witnesses.

3. To secure testimony of any person or persons living with or near you

can be used as a basis to find that you were incapable of
distinguishing right from wrong during the incident.

Since schizophrenia is a form of insanity covered by paragraph 1 of

Article12, the success of your case relies on persuading the court that you
were not lucid prior and during the commission of the crime with the
evidence to be presented by the expert witnesses and the testimonies of your
witnesses.

A word of reservation: I base my opinion on the language of the law

involved and as well as on a settled jurisprudence.

Please let me know if I can be of further service to you in this matter.

Very truly yours,

REGINA COELI S. FERRER

2
i 1
G.R. No. L-45130