Insanity as exempting circumstance

Dear PAO,

Can insanity be used to escape criminal responsibility when a PERSON WHO INflICTED SO MUCH injury to his spouse or partner says he was engulfed in jealousy that he just lost his mind?

Ruel

Dear Ruel,

Insanity is one of the circumstances that exempts a person, who is accused of a crime, from criminal responsibility. As provided under our Revised Penal Code:

“Art. 12. Circumstances which exempt from criminal liability.

— the following are exempt from criminal liability:

“1. x x x an insane person, unless the latter has acted during a lucid interval. x x x”

However, it is primordial to establish that there is a complete absence of intelligence on the part of the accused and not just mere failure to exercise sound judgment may it be because he was enraged at the time of the commission of the crime or engulfed with so much jealousy. As explained by our Supreme Court in the case of People of the Philippines vs. Honorio Tibon (GR No. 188320, June 29, 2010, Ponente: Associate Presbitero Velasco Jr.):

“x x x Insanity is the exception rather than the rule in the human condition. While Art. 12(1) of the Revised Penal Code provides that an imbecile or insane person is exempt from criminal liability, unless that person has acted during a lucid interval, the presumption, under Art. 800 of the Civil Code, is that every human is sane. Anyone who pleads the exempting circumstance of insanity bears the burden of proving it with clear and convincing evidence. It is in the nature of confession and avoidance. An accused invoking insanity admits to have committed the crime but claims that he or she is not guilty because of insanity. The testimony or proof of an accused’s insanity must, however, relate to the time immediately preceding or coetaneous with the commission of the offense with which he is charged. x x x

“The change in Tibon’s behavior was triggered by jealousy. He acted out of jealous rage at the thought of his wife having an affair overseas. Uncontrolled jealousy and anger are not equivalent to insanity. Nor is being despondent, as Tibon said he was when interviewed by the police. There is a vast difference between a genuinely insane person and one who has worked himself up into such a frenzy of anger that he fails to use reason or good judgment in what he does. We reiterate jurisprudence which has established that only when there is a complete deprivation of intelligence at the time of the commission of the crime should the exempting circumstance of insanity be considered.” (Emphasis supplied)

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.