Quick answer

Insanity is one of the exempting circumstances under the Revised Penal Code, which exempts a person from criminal liability because they acted without the freedom, intelligence, or intent that criminal liability requires. An imbecile or an insane person is exempt from criminal liability, unless the latter has acted during a lucid interval. However, the standard for the insanity defense in the Philippines is strict. The insanity must be complete, that is, there must be a complete deprivation of intelligence, reason, or discernment and freedom of will at the time of the commission of the crime; a mere abnormality of the mental faculties, or a diminished or partial deprivation of reason, is not enough to exempt and may at most be a mitigating circumstance. In other words, the accused must have been so insane as to be incapable of understanding the nature and consequences of their act. The law presumes that every person is of sound mind, so the defense of insanity is an affirmative defense that must be clearly and satisfactorily proved by the accused, and it must relate to the mental condition at the very moment of the commission of the offense (evidence of insanity before or after the act is relevant only as it bears on the state of mind at the time of the act). If insanity is proven and the accused is acquitted on that ground, they are not simply set free; the court orders their confinement in a hospital or asylum, from which they cannot be released without the court's permission, to protect both the person and the public. So insanity exempts from criminal liability only when there was a complete deprivation of reason at the time of the crime, strictly proven, and an acquittal on this ground leads to the accused's confinement.

An Exempting Circumstance

Insanity exempts from criminal liability because the person acted without the intelligence and free will that liability requires. An imbecile or insane person is exempt, unless the insane person acted during a lucid interval.

The Strict Test

The insanity must be complete — a complete deprivation of reason, discernment, and free will at the time of the crime. A mere abnormality or partial deprivation is not enough (at most mitigating).

Presumption of Sanity and Confinement

The law presumes sanity, so insanity is an affirmative defense the accused must clearly prove, relating to the mind at the moment of the act. An accused acquitted by reason of insanity is confined in a hospital, releasable only with the court's permission.

Practical Takeaways

Frequently Asked Questions

Is insanity a defense to a crime in the Philippines? Yes. Insanity is an exempting circumstance. An imbecile or insane person is exempt from criminal liability, unless the insane person acted during a lucid interval, but the standard is strict.

What is the test for the insanity defense? There must be a complete deprivation of intelligence, reason, or discernment and freedom of will at the time of the commission of the crime. A mere abnormality or partial deprivation of reason is not enough to exempt.

Who must prove insanity? The accused. The law presumes every person is of sound mind, so insanity is an affirmative defense that must be clearly and satisfactorily proved, relating to the accused's mental condition at the very moment of the crime.

What happens if someone is acquitted by reason of insanity? They are not simply set free. The court orders their confinement in a hospital or asylum, from which they cannot be released without the court's permission, to protect both the person and the public.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.