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SAN BEDA COLLEGE ALABANG

8 Don Manolo Blvd., Alabang Hills Village, 1770 Muntinlupa City

A
Research Study
Entitled

THE SUFFIENCY OF INSANITY PLEA IN PROTECTING


THE RIGHTFUL VICTIMS AND PREVENTING THE
MISUSE OF THE AFOREMENTIONED DEFENSE
IN THE CRIMINAL AND CIVIL CASES
IN THE PHILIPPINES

In partial fulfillment of the requirements in

GE-PC
Purposive Communication
Second Semester| SY 2018-2019

Proponents:
BALOJA, MARY
BENEDICTO, ANDY
CANTADA, CARLO
CO, PATRISHIA
VIVERO, MIGUEL
BSLM1-B
Bachelor of Science in Major in Legal Management

Submitted to:

Ms. Adrianna Hernandez Quioyo


Course Professor
CHAPTER I
INTRODUCTION

BRIEF INTRODUCTION OF THE RESEARCH PROBLEM

In today’s modern society the civil liability and judicial proceedings are
unjustifiable to the eyes of the citizen’s some might say that there are certain
pertinent laws that disable and obstruct the justice needed to be served. Some
claim that through certain law and statutes executed by law people can
abscond with criminal and civil liability through pleading themselves mentally
incapable or merely insane.
Defense of Insanity is used on the grounds that a person that is not aware
of his actions or cannot help what he is doing should not be punished for their
crimes. (Morris, N.) Insanity is a legal term that can only be proven with
convincing evidence. However, with this defense, is the question of a person’s
sense of responsibility.
It is said that the defense of insanity was created to protect people, who
suffers from mental disorders or lunacy, and not be held accountable for their
actions. As provided for under Article 12 of the Revised Penal Code, “an
insane person is exempted from criminal liability, except if the person “acted
during a lucid interval.” However, the person is not free from any liability, as
they shall be confined 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.” (“UN”). There must be convincing
evidence as to the mental capacity of the person which can be tested by the
licensed professionals to prove that he was mentally incapacitated during the
time he committed the act.
Is Article 12 of the Revised Penal Code sufficient in protecting the mentally
insane and in preventing the misuse of the said provision? It is important for
our law to protect its citizens who need help rather than punish them and
exclude them from experiencing the fairness of our system because of their

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mental deficiencies. In spite of that, the law must also uphold its fairness,
integrity and rigidity in determining at what extent is a person mentally insane.
This study aims to prove whether or not the insanity defense is sufficient in
protecting the rightful victims and preventing the misuse of the aforementioned
plea.

SIGNIFICANCE OF THE STUDY

Conducting this study is highly significant due to the existing provisions


under Article 12 of the Revised Penal Code of the Philippines which provides
the remedy for pleading insanity. The researchers aim to understand the
nature of such provision, and to arrive to the realization whether or not it is
sufficient for the protection of the rightful victim, and the prevention of its
abuse.
O’ Connor and Connell (2019) claimed that there was a crime which
involved two murders of a mother and her son. The alleged murderer is the
husband who had pleaded an insanity defense. It was belief that the latter was
suffering from schizophrenia, and the motive of his crime was due to his
delusional beliefs. The issues were: (1) Whether or not the crime was due to
the mental illness of the latter; and (2) Whether or not the latter did not
understand the nature and quality and wrongfulness of his action.
Understanding such scenario would lead to the realization whether or not the
latter should received the remedy, and whether or not it is sufficient. By just
analyzing this, the significance of this study can be noticed.
The study of insanity plea to abscond criminal liability can be a basis for
the prevention of the misuse and abuse of the provisions under the
aforementioned Penal Code. The researchers’ goal is to extinguish inadequate
judgments and presumptions of insanity or abnormality of mind, other than
lucid interval, as a sufficient reason for exemption of civil or criminal liability.
Also, to determine circumstances as to exempt due to incapability to present
oneself in the court of law.

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STATEMENT OF THE PROBLEM

This part of the study aims to state the main problem that is needed to be
answered, along with its certain objectives that are necessary to be clarified
and accomplished. The general problem and its underlying objectives are
shown below:

General problem:
How sufficient is the insanity plea in protecting the victims and preventing
the misuse of the said defense?

Objectives:
Specific:
 To recognize whether or not the insanity defense is sufficient in protecting the
victims and preventing the misuse of the said plea;
 To recognize whether or not exempting the victims, that plead insanity, from
both criminal and civil liabilities is fair;
 To recognize whether or not placing the victims, that plead insanity, in mental
asylum is sufficient;
 To recognize the requisites for pleading insanity;
 To recognize the convincing evidences to be used in pleading insanity;
 to be examined by the researchers/proponents.
 To gather adequate related literature; and
 to be reviewed by the researchers in this study; which includes criminal and/or
civil cases with insanity defense.
 To prove the significance of this study to the protection of the rightful victims
that plead insanity or about to the plead the said defense; and
 to know the possible actions to prevent the misuse of the insanity defense.
 To ensure, by the researchers, that the objectives herein above will lead to the
realization of the sufficiency of the said plea, and possible answers remedy to
the two main objectives; which are: the protection of the victims, and the
prevention of misusing of the said defense.

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Measurable:
 To arrive to the realization whether or not the insanity defense is sufficient in
protecting the victims and preventing the misuse of the said plea after the
gathered information in the related literature and criminal and/or civil cases
have been scrutinized by the researchers;
 To arrive to the realization whether or not exempting the victims, that plead
insanity, from both criminal and civil liabilities is fair;
 To arrive to the realization whether or not placing the victims, that plead
insanity, in mental asylum is sufficient;
 To acquire knowledge regarding the requisites for pleading insanity;
 To acquire knowledge regarding the convincing evidences to be used in
pleading insanity; and
 To arrive to the realization that this study is significant for the protection of the
victims, and the prevention of misusing the insanity plea after the researchers
find specific actions that are realistic to be executed.

Achievable:
 To ensure that the said objectives above is measurable, the basis of this study
will be the review of the related literature, and that includes criminal and civil
cases which involves insanity defense.
 To ensure that the actions to be executed are possible, the researchers will
utilize the ruling of the Supreme Court, which includes its decision and
judgment, in the related criminal and/or civil cases.
 To ensure that the necessary resources are highly accessible, it is only the
related literature, which includes previous studies and criminal and/civil cases
that are related to insanity defense that will be utilized by the researchers.
 To ensure that the limitations have been assessed, the researchers claim that
this study will be focusing on the criminal and/or civil cases, that involves the
said plea, in the Philippine setting.

Realistic:
 To clarify the assurance of the certainty of the objectives mentioned above, the
insanity defense have been studied and situated before. Its application in the

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Philippine laws have already been executed in various criminal and/or civil
cases;
 to be reviewed by the proponents of this study whose possess adequate skills
to perform the aforesaid task. They are Legal Management students who are
proficient to manage the aforementioned duty.
 To clarify the availability of the necessary resources, which includes funds, it
will be provided by the proponents themselves.

Time-bound:
 To clarify the deadline of this study, it was provided by the proponents’
research advisor; which settled within the date of April 2019.

SCOPE AND DELIMITATION

The scope of this study shall focus on the sufficiency of insanity plea in
protecting the rightful victims and preventing its misuse in the criminal and/or
civil court cases in the Philippines. The researchers shall utilize numerous
related literature which includes local and foreign studies regarding insanity
plea, and that of, criminal and civil court cases in the Philippines shall be
involved.
This study is delimited to the criminal and/or civil cases in other countries
due to distinction of laws, and thereto, application is invalid. This study will be
limited to local and foreign studies, with the exceptions of criminal and/or civil
cases that are not from the Philippine country.

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REFERENCES

Pasewark, R. A. (1981). Insanity plea: A review of the research literature.


Retrieved from The Journal of Psychiatry & Law:
https://onlinelibrary.wiley.com/doi/pdf/10.1002/1097-4679(199305)49:3%3C43
5::AID-JCLP2270490319%3E3.0.CO;2-P

Pasewark, R. A., Pantle, M., and Steadman, H. (n.d.). The insanity plea.
Retrieved from New York State, 1965-76. N.Y. State Bar J.:
https://onlinelibrary.wiley.com/doi/pdf/10.1002/1097-4679(199305)49:3%3C43
5::AID-JCLP2270490319%3E3.0.CO;2-P

Pasewark, R. A., and Seidenzahl, D. (1979). Opinions concerning the insanity


plea and criminality among mental patients. Retrieved from Journal of the
American Academy of Psychiatry and the Law Online

Ehrenzweig, A. A. (1963). A Psychoanalysis of the Insanity Plea--Clues to the


Problems of Criminal Responsibility and Insanity in the Death Cell. Retrieved
from The Concept of Mental Disease in Criminal Law Insanity Tests:
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=5749&conte
xt=uclrev

Attorney, P. (2017). Insanity Plea. Retrieved from No Guarantee To Exempt


An Individual From Criminal Liability:
https://attorney.org.ph/legal-news/361-insanity-plea-no-guarantee-to-exempt-
an-individual-from-criminal-liability

Math, S. B., Kumar, C. N., and Moirangthem, S. (2015). Insanity Defense: Past,
Present, and Future. Retrieved from
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4676201/