ArticuLaw Primo

Rule 101

Proceedings for the Hospitalization of Insane Persons

 

Prepared by: Jaylyn Ammang

 

 

Insanity Defined

 

Insanity generally denotes that condition of mind which is so impaired in function or so deranged as to induce a deviation from normal conduct in the person so afflicted.

 

It denotes a mind that is:

 

- Unsound

- Deranged

- Delirious or

- Distracted

 

 

Crazy vs Insane

 

   Craziness is NOT conclusive of insanity

 

 

Question: Who may file the petition?

 

   The Director of Health shall file such petition if, in his opinion, such commitment is:

 

•For public welfare;

•For the welfare of the insane person; and

•The insane person or the one in charge of such person opposes to his being taken to an institution

 

 

Question: Where to file?

 

   Court of First Instance (now Regional Trial Court) of the province where alleged insane person is found

 

 

Procedure for commitment

 

    The court shall set the petition for hearing;

 

    Notice shall be given to alleged insane person and to the one in charge of him or his relatives residing in the province or city ( as the court may deem proper);

 

     Court shall order the sheriff to produce alleged insane person for hearing

 

 

Question: When may such person ask for discharge?

 

    When, in the opinion of the Director of Health, the person ordered to be committed is temporarily OR permanently cured, OR may be released without danger, he may file the proper petition with the CFI (RTC) which ordered the commitment.

 

Download lecture, click here

 

See CESAR MERCADER (petitioner) vs ADOLPH WISLIZENUS (respondent), G.R. No. L-11739