G.R. No. L-33211 June 29, 1981 THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee Plaintiff-Appellee,, vs. ERNESTO PUNO y FILOMENO, Accused whose death sentence is under review. AQUINO, J. This is a murder case where the accused interposed as a defense the exempting circumstance of insanity. chanroblesvirtual lawlibrary
There is no doubt that at about two o'clock in the afternoon of September 8, !"#, $rnesto %uno, &8, a eepney driver driver,, entered a bedroom in the house of (rancisca )ol *Aling +ikay, "&, a widow. The house was located in the area known as -ittle aguio, arrio Tinaeros /alabon, 0i1al 2n seeing Aling +ikay sitting in bed, %uno insulted her by saying3 4/angkukulam ka mambabarang mambabara ng mayroon kang bubuyog4. Then, he repeatedly slapped her and struck her several times on the head with a hammer until she was dead. chanroblesvirtuallawlibrary
The assault was witnessed by 5ilaria de la )ru1, &6, who was in the bedroom with the old woman, and by -ina %aes, &", a tenant of the adoining room. They testified that %uno's eyes were reddish. 5is look was baleful and menacing. %uno was a neighbor of Aling +ikay.
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After the killing, %uno went to the room of -ina, where 5ilaria had taken refuge, and, according to 5ilaria, he made the following confession and threat3 45uwag kayong magkakamaling magkakama ling tumawag ng pulis at sabihin ninyo na umalis kayo ng bahay at hindi ninyo alam kung sino ang pumatay sa matanda.4 2r, according to -ina, %uno said3 4%inatay ko na iyong matanda. 5uwag kayong tumawag ng pulis. %ag tumawag kayo ng pulis, kayo ang paghihigantihan ko. 4 After the killing, %uno fled to his parents' house at arrio Tugatog, /alabon and then went to the house of his second cousin, Teotimo %uno, located at arrio San 7ose, )alumpit, ulacan, reaching that place in the evening. 5ow he was able to go to that place, which was then flooded, is not shown in the record. chanroblesvirtuallawlibrary
isregarding %uno's threat, -ina, after noting that he had left, notified the /alabon police of the killing. )orporal aniel . )ru1 answered the call. 5e found Aling +ikay sprawled on her bed already dead, 5er head was bloody. 5er blanket and pillows were bloodstained. 5e took down the statements of -ina and 5ilaria at the police station. They pointed to %uno as the killer *pp. 9: ", 0ecord 0ecord.. chanroblesvirtual lawlibrary
A medico:legal officer of the ;ational ureau of
%uno's father surrendered him to the police. Two Two /alabon policemen brought him to the ;ational /ental 5ospital in /andaluyong, 0i1al on September #, !"# *p. =, 0ecord. 5e was charged with murder in the municipal court. 5e waived the second stage of the preliminary investigation. chanroblesvirtuallawlibrary
2n 2ctober &, !"#, he was indicted for murder in the )ircuit )riminal )ourt at %asig, 0i1al. Alleged in the information as aggravating circumstances were evident premeditation, abuse of superiority and disregard of sex. chanroblesvirtuallawlibrary
%uno, a native of /acabebe, %ampanga, who testified about five months after the killing, pretended that he did not remember having killed Aling +ikay: 5e believes that there are persons who are 4mangkukulam,4 4mambabarang4 and 4mambubuyog and that when one is victimi1ed by those persons, his feet might shrink or his hands might swan. %uno believes that a person harmed by a 4mambabarang4 might have a headache or a swelling nose and ears and can be cured only by a >uack doctor * herbolaryo. )onse>uently, it is necessary to kill the 4mangkukulam4 and 4mambabarang4. chanroblesvirtual lawlibrary
%uno is the third child in a family of twelve children. 5e is married with two children. 5e finished third year high school. 5is father is a welder. Among his friends are drivers. *$xh: . chanroblesvirtual lawlibrary
?enaida @abriel, 6#, %uno's wife, testified that on the night before the murder, %uno's eyes were reddish. 5e complained of a headache. The following day while he was feeding the pigs, he told ?enaida that a bumble bee was coming towards him and he warded it off with his hands. ?enaida did not see any bee. chanroblesvirtuallawlibrary
%uno then went upstairs and took the cord of the religious habit of his mother. 5e wanted to use that cord in tying his dog. 5e asked for another rope when ?enaida admonished him not to use that cord. %uno tied the dog to a tree by looping the rope through its mouth and over its head. 5e repeatedly boxed the dog. chanroblesvirtuallawlibrary
Aida @abriel, ?enaida's elder sister, saw %uno while he was boxing that dog. Aida observed that %uno's eyes were bloodshot and his countenance had a ferocious expression. chanroblesvirtuallawlibrary
Teotimo %uno testified that on the night of September 8, !"#, $rnesto %uno came to their house in arrio San 7ose, )alumpit. $rnesto was soaking wet as there was a flood in that place. 5e was cuddling a puppy that he called 4iablo4. 5e called for Teotimo's mother who invited him to eat. $rnesto did not eat.
$rnesto introduced Teotimo to his puppy. Then, he sang an $nglish song. hen Teotimo asked him to change his wet clothes, $rnesto refused. -ater, he tried on the clothes of Teotimo's father. hen told that Teotimo's father had been dead for a couple of years already, $rnesto ust looked at Teotimo. chanroblesvirtuallawlibrary
hile he was lying down, $rnesto began singing again. Then he emitted a moaning sound until he fell asleep. $rnesto was awakened the next morning by the noise caused by persons wading in the flood. $rnesto thought they were his fellow cursillistas. chanroblesvirtual lawlibrary
The defense presented three psychiatrists. 5owever, instead of proving that puno was insane when he killed Aling +ikay, the medical experts testified that %uno acted with discernment. chanroblesvirtuallawlibrary
Thus, octor Araceli /aravilla of the %sychiatry Section of the r. 7ose 0. 0eyes /emorial 5ospital, to whom %uno was referred for treatment ten times between September 8, !BB and 7uly &=, !"#, testified that %uno was an out:patient who could very well live with society, although he was afflicted with 4schi1ophrenic reaction4C that %uno knew what he
was doing and that he had psychosis, a slight destruction of the ego. %uno admitted to octor /aravilia that one cause of his restlessness, sleeplessness and irritability was his financial problem *" tsn ;ovember =, !"#. octor /aravilla observed that %uno on 7uly =, !"# was already cured. chanroblesvirtuallawlibrary
octor 0eynaldo 0obles of the ;ational /ental 5ospital testified that %uno was first brought to that hospital on 7uly &8, !B& because his parents complained that he laughed alone and exhibited certain eccentricities such as kneeling, praying and making his body rigid. octor 0obles observed that while %uno was suffering from 4schi1ophrenic reaction4, his symptoms were 4not socially incapacitating4 and that he could adust himself to his environment *= tsn 7anuary &#, !". 5e agreed with octor /aravilla's testimony. chanroblesvirtuallawlibrary
octor )arlos Dicente, a medical specialist of the ;ational /ental 5ospital, testified that from his examination of %uno, he gathered that %uno acted with discernment when he committed the killing and that %uno could distinguish between right and wrong *9 tsn 7anuary , !" . octor Dicente also concluded that %uno was not suffering from any delusion and that he was not mentally deficientC otherwise, he would not have reached third year high school *8:! tsn 7anuary , !" . chanroblesvirtuallawlibrary
2n ecember =, !"# or three months after the commission of the offense, octors Dicente, 0obles and Dictorina D. /anikan of the ;ational /ental 5ospital submitted the following report on %uno *$xh. or &3 0ecords show that he had undergone psychiatric treatment at the 2ut:%atient Service of the ;ational /ental 5ospital for schi1ophrenia in !B& from which he recoveredC in !B= a relapse of the same mental illness when he improved and in !BB when his illness remained unimproved. chanroblesvirtuallawlibrary
5is treatment was continued at the 700 /emorial 5ospital at the San -a1aro )ompound up to 7uly, !"#. 5e was relieved of symptoms and did not come back anymore for medication. 2n September 8, !"#, according to information, he was able to kill an old woman. %articulars of the offense are not given. /$;TA- )2;uiet and as usual manageable. 5e is fairly clean in person and without undue display of emotion. 5e talks to co:patients but becomes evasive when talking with the doctor and other personnel of the ward. 5e knows he is accused of murder but refuses to elaborate on it. xxx xxx xxx 0$/A0+S
acutely disturbed and confused patient or a markedly, retarded individual of which he is not. chanroblesvirtuallawlibrary
5owever, persons who recover from an acute episode of mental illness like schi1ophrenia may retain some residual symptoms impairing their udgment but not necessarily their discernment of right from wrong of the offense committed. The foregoing report was submitted pusuant to 0ule &8 of the 0ules of )ourt and the order of the trial court dated ;ovember B, !"# for the mental examination of %uno in the ;ational /ental 5ospital to determine whether he could stand trial and whether he was sane when he committed the killing. chanroblesvirtual lawlibrary
The trial court concluded that %uno was sane or knew that the killing of (rancisca )ol was wrong and that he would be punished for it, as shown by the threats which he made to 5ilaria de la )ru1 and -ina %aes, the old woman's companions who witnessed his dastardly deed. chanroblesvirtual lawlibrary
The trial court also concluded that if %uno was a homicidal maniac who had gone berserk, he would have killed also 5ilaria and -ina. The fact that he singled out Aling +ikay signified that he really disposed of her because he thought that she was a witch. chanroblesvirtual lawlibrary
7udge 2nofre A. Dillalu1 said that during the trial he 4meticulously observed the conduct and behavior of the accused inside the court, most especially when he was presented on the witness stand4 and he was convinced 4that the accused is sane and has full grasp of what was happening4 in his environment. chanroblesvirtuallawlibrary
The trial court convicted %uno of murder, sentenced him to death and ordered him to pay the heirs of the victim an indemnity of twenty:two thousand pesos *)riminal )ase ;o. 9#!. chanroblesvirtual lawlibrary
5is counsel de oficio in this review of the death sentence, contends that the trial court erred in not sustaining the defense of insanity and in appreciating evident premeditation, abuse of superiority and disregard of sex as aggravating circumstances. chanroblesvirtual lawlibrary
hen insanity is alleged as a ground for exemption from responsibility, the evidence on this point must refer to the time preceding the act under prosecution or to the very moment of its execution *E.S. vs. @uevara, &" %hil. 9=".
The defense contends that %uno was insane when he killed (rancisca )ol because he had chronic schi1ophrenia since !B&C he was suffering from schi1ophrenia on September 8, !"#, when he li>uidated the victim, and schi1ophrenia is a form of psychosis which deprives a person of discernment and freedom of will. chanroblesvirtuallawlibrary
the will. /ere abnormality of the mental faculties will not exclude imputability.4 *%eople vs. Ambal, @.0. ;o. 9&B88, 2ctober ", !8#C %eople vs. 0enegade, -:&"#6, /ay 6, !"=, 9" S)0A &"9, &8BC %eople vs. )ru1, #! %hil. &88, &!&. As to 4el trastorno mental transitorio as an exempting circumstance, see < )uello )alon, )odigo %enal, 9th $d., !"=. pp. =!8:9#= and art. 8 of the Spanish %enal )ode. After evaluating counsel de oficio's contentions in the light of the strict rule ust stated and the circumstances surrounding the killing, we are led to the conclusion that %uno was not legally insane when he killed the hapless and helpless victim. The facts and the findings of the psychiatrists reveal that on that tragic occasion he was not completely deprived of reason and freedom of will. chanroblesvirtuallawlibrary
ualifying circumstance is abuse of superiority. uidating (rancisco )ol, %uno, who was armed with a hammer, took advantage of his superior natural strength over that of the unarmed septuagenarian female victim who was unable to offer any resistance and who could do nothing but exclaim 4 iyos ko 4. chanroblesvirtuallawlibrary
Thus, it was held that 4an attack made by a man with a deadly weapon upon an unarmed and defenseless woman constitutes the circumstance of abuse of that superiority which >>>s sex and the weapon used in the act afforded him, and from which the woman was unable to defend herself4 *%eople vs. @u1man, #" %hil. &&, &" citing E.S. vs. )onsuelo, 6 %hil. B&C E.S. vs. )amiloy 6B %hil. "9" and %eople vs. Fuesada, B& %hil. ==B. chanroblesvirtual lawlibrary
$vident premeditation * premeditacion conocida cannot be appreciated because the evidence does not show *a the time when the offender determined to commit the crime, *b an act manifestly indicating that the culprit had clung to his determination and *c a sufficient interval of time between the determination and the execution of the crime to allow him to reflect upon the conse>uences of his act *%eople vs. Ablates, -:666#=, 7uly 6, !"=, 98 S)0A &=, &=". chanroblesvirtuallawlibrary
The essence of premeditation 4es la mayor perversidad del culpable untamente con su serenidad o frialdad de animo.4 uir demostrada por el espacio de tiempo transcurrido entre dicha resolucion y la eecucion del hecho %remeditation should be evident, meaning that it should be shown by 4signos reiterados v externos, no de meras sospechas4 * )uello )alon, )odigo %enal, !"= or 9th $d., pp: 98&:6. chanroblesvirtual lawlibrary
welling and disregard of the respect due to the victim on account of her old age should be appreciated as generic aggravating circumstances. isregard of sex is not aggravating because there is no evidence that the accused deliberately intended to offend or insult the sex of the victim or showed manifest disrespect to her womanhood *%eople vs. /angsant, B9 %hil. 9=8C %eople vs. /ori, -:&69:&, 7anuary 6, !"=, 99 S)0A 68&, =#=, %eople vs, 7aula, !# %hil. 6"!C E.S. vs. e 7esus, = %hil. !#. chanroblesvirtual lawlibrary
5owever, those two aggravating circumstances are off:set by the mitigating circumstances of voluntary surrender to the authorities and, as contended by counsel de oficio, the offender's mental illness *mild psychosis or schi1ophrenic reaction which diminished his will:power without however depriving him of consciousness of his acts. *See %eople vs. (rancisco, "8 %hil. B!=, %eople vs. Amit, 8& %hil. 8&# and %eople vs. (ormigones, 8" %hil. B98. Thus, it was held that la e>uivocada creencia de los acusados de >ue el matar a un bruo es un bien al publico puede considerarse como una circunstancia atenuante pues los >ue tienen la obsession de >ue los bruos deben ser eliminados estan en la misma condicion >ue a>uel >ue, atacado de enfermedad morbosa pero consciente aun de lo >ue hace, no tiene verdadero imperio de su voluntad4 *%eople vs. alneg "! %hil. 8#9, 8#. chanroblesvirtuallawlibrary
5$0$(20$, the death penalty is set aside. The accused is sentenced to reclusion perpetua The indemnity imposed by the trial court is affirmed. )osts de oficio. S2 20$0$. Barredo, oncepcion !r., Fernande", #uerrero, Abad $antos, %e astro and &elencioerrera, !!., concur.
Se!"#"$e O!%n%on&
FERNAN'O, CJ., concurring3 < am unable to arrive at that stage of moral certainty as to the guilt of the accused and hence concur in the dissent of 7ustice /akasiar, with the observation that the reference in the exhaustive opinion of 7ustice A>uino to Ambat, where he was also the ponente, with its learned and scholarly discourse on the law on insanity, gives me the opportunity to express my preference for a liberal reading of %urham v. ($, 1 therein cited. (or some eminent commentators, the /' ;aghten doctrine no longer speaks with authority.
MA(ASIAR, J., dissenting3
< dissent. The appellant should not be held liable for the crime of murder. 5e was mentally ill when he committed the alleged killing of (rancisca )ol *Aling +ikay, a "&:year old widow. 5is medical records, as properly evaluated and confirmed by the expert testimony of the three physiciansHpsychiatrists who examined and treated him, undeniably establish the fact that appellant had been ailing with a psychotic disorder medically known as chronic schi1ophrenia of the paranoid type. chanroblesvirtuallawlibrary
(or a clear appreciation of appellant's mental condition, >uoted hereunder are pertinent portions of the discussion on the paranoid type of schi1ophrenia3 Paranoid Types. The features that tend to be most evident in this type or phase are delusions, which are often numerous, illogical, and disregardful of reality, hallucinations, and the usual schi1ophrenic disturbance of associations and of affect, together with negativism. chanroblesvirtual lawlibrary
(re>uently the prepsychotic personality of the paranoid schi1ophrenic is characteri1ed by poor interpersonal rapport. 2ften he is cold, withdrawn, distrustful, and resentful of other persons. /any are truculent, have a chip: on:the:shoulder attitude, and are argumentative, scornful, sarcastic, defiant, resentful of suggestions or of authority, and given to caustic remarks. $ometimes flippnant, facetious responses cover an underlying hostility. ... The patient's previous negative attitudes become more marked, and misinterpretations are common.
symptoms. isorders of association appear. /any patients show an unpleasant emotional aggressiveness, Through displacement, the patient may begin to act out his hostile impulses. is grip on reality begins to loosen. At first his delusions are limited, but later they become numerous and changeable ... elusions of persecution are the most prominent occurrences in paranoid schi1ophrenia, but expansive and obviously wish: fulfilling uent recurrence +n many instances, however, the favorable outcome should be characteri"ed as 'social recovery rather than as 'cured' or as full recovery . y this it is meant that the patient is able to return to his previous social environment and to previous or e>uivalent occupation, but with minor symptoms and signs, such as irritability, shyness, or shallowness of affective responses. chanroblesvirtuallawlibrary
(rom what has been said, it is evident that in any given case the effect upon the personality and future adustment of the appearance of a schi1ophrenic reaction may be >uite uncertain.
year of continued illness. 0oughly, about one:third of those patients who are hospitali1ed during the first year of their illness make a fairly complete recoveryC one:third get a bit better and become able to return to outside life but remain damaged personalities and may have to return to the hospital from time to time. ... *pp. 68":688, supra emphasis supplied . hen appellant was examined and treated for the first time on 7uly &8, !B&, his father revealed the patient's initial symptoms of laughing alone and making gestures, poor sleep and appetite, praying and kneeling always and making his body rigid *per consultation chart, p. 9=, ))) rec.. Epon interview on aforesaid date, appellant stated that 4he could see @od4 and 4That a neighbor is bewitching her4 *4pinapakulam ako4 hyI 4hindi ko alam kung bakit4 *p. 9B, ))) rec.. chanroblesvirtuallawlibrary
Appellant underwent eighteen *8 treatments and checkups from 7uly &8, !B& to 7uly &=, !"# which covered eight *8 years before the alleged crime was committed on September 8, !"# */edical )ertificates, pp. &9 and &B, ))) rec..
Appellant was treated eighteen *8 times in the ;ational /ental 5ospital and 7ose 0eyes /emorial 5ospital from 7uly &8, !B& to 7uly &=, !"# or for a span of 8 years, characteristic of the chronic nature of his mental disease *pp: =:9, TS;, ;ovember &, !"#. Thus, on direct examination, r. )arlos Dicente confirmed3 F : (rom your study, when he was an out patient at the ;ational /ental 5ospital and its extension at the 7ose 0eyes /emorial 5ospital, would you say that he was and has been suffering from chronic schi1ophreniaI
A : Jes, chronic, because it started in !B& and became in remission in 567, !uly. *p. #, TS;, 7anuary , !", emphasis supplied. (or chronic schi1ophrenia, the patient does not recover fully in two months' time. 5is condition may simply be 4in remission4, which term means 4social recovery4, not cured or fully recovered. r. Dicente thus stated3 F : 5ow long, if there is any usual period, does a schi1ophrenic attack last at any given timeI A : That is waivable *sic. There are those who cannot recover after ten days orthree months *p. =, TS;, 7anuary , ! " , emphasis supplied. xxx xxx xxx 2n a schi1ophrenic's behavior pattern3 F :
F : y suffering from schi1ophrenia, would you say that his suffering has affected his power of control over his willI A : uring the time that he was suffering, he could not stick to the right. 5e made mistakes at the time that he was mentally sick. chanroblesvirtual lawlibrary
F : 5is power of control over his will to commit a crime is affectedI A : Jes, sir.
chanroblesvirtuallawlibrary
F : Are you sure of thatI A : Jes, somehow it is controlled by some
F : ould you be able to state octor whether the accused when he committed the act was suffering from an onset of schi1ophrenic reaction from which he has been known to be suffering since !B&4 A : uence of his mental delusion. 5e killed the 4mangkukulam4 as personified by the victimC he did not kin Aling +ikay herself. And the said fatal act was made by appellant in defending himself from the 4mangkukulam4. chanroblesvirtuallawlibrary
hile it has been established that appellant was 4manageable4 and was 4presently free from any social incapacitating psychotic symptoms4 during the trial, the fact remains that at the very moment of the commission of the alleged crime, he was still a mentally sick person. ;o evidence was produced to prove otherwise against the bulk of appellant's medical history for 8 years clearly indicative of his mental psychosis. chanroblesvirtual lawlibrary
As earlier stated, 4social recovery4 of a schi1ophrenic does not mean that he is 4cured4 *totally recovered from the disease. chanroblesvirtuallawlibrary
uitted of the charge of murder. Teehan8ee, !., concur.
Se!"#"$e O!%n%on&
FERNAN'O, CJ., concurring3 < am unable to arrive at that stage of moral certainty as to the guilt of the accused and hence concur in the dissent of 7ustice /akasiar, with the observation that the reference in the exhaustive opinion of 7ustice A>uino to Ambat, where he was also the ponente, with its learned and scholarly discourse on the law on insanity, gives me the opportunity to express my preference for a liberal reading of %urham v. ($, 1 therein cited. (or some eminent commentators, the /' ;aghten doctrine no longer speaks with authority.
MA(ASIAR, J., dissenting3 < dissent. The appellant should not be held liable for the crime of murder. 5e was mentally ill when he committed the alleged killing of (rancisca )ol *Aling +ikay, a "&:year old widow. 5is medical records, as properly evaluated and confirmed by the expert testimony of the three physiciansHpsychiatrists who examined and treated him, undeniably establish the fact that appellant had been ailing with a psychotic disorder medically known as chronic schi1ophrenia of the paranoid type. chanroblesvirtuallawlibrary
(or a clear appreciation of appellant's mental condition, >uoted hereunder are pertinent portions of the discussion on the paranoid type of schi1ophrenia3 Paranoid Types. The features that tend to be most evident in this type or phase are delusions, which are often numerous, illogical, and disregardful of reality, hallucinations, and the usual schi1ophrenic disturbance of associations and of affect, together with negativism. chanroblesvirtual lawlibrary
(re>uently the prepsychotic personality of the paranoid schi1ophrenic is characteri1ed by poor interpersonal rapport. 2ften he is cold, withdrawn, distrustful, and resentful of other persons. /any are truculent, have a chip: on:the:shoulder attitude, and are argumentative, scornful, sarcastic, defiant, resentful of suggestions or of authority, and given to caustic remarks. $ometimes flippnant, facetious responses cover an underlying hostility. ... The patient's previous negative attitudes become more marked, and misinterpretations are common. uent recurrence +n many instances, however, the favorable
outcome should be characteri"ed as 'social recovery rather than as 'cured' or as full recovery . y this it is meant that the patient is able to return to his previous social environment and to previous or e>uivalent occupation, but with minor symptoms and signs, such as irritability, shyness, or shallowness of affective responses. chanroblesvirtuallawlibrary
(rom what has been said, it is evident that in any given case the effect upon the personality and future adustment of the appearance of a schi1ophrenic reaction may be >uite uncertain.
Appellant underwent eighteen *8 treatments and checkups from 7uly &8, !B& to 7uly &=, !"# which covered eight *8 years before the alleged crime was committed on September 8, !"# */edical )ertificates, pp. &9 and &B, ))) rec..
%er the same record dated ;ovember &&, !BB, appellant's diagnosis was described as4$chi"o- )eaction )elapse4 and his condition of termination was indicated as 4Enimproved4. chanroblesvirtual lawlibrary
Appellant was treated eighteen *8 times in the ;ational /ental 5ospital and 7ose 0eyes /emorial 5ospital from 7uly &8, !B& to 7uly &=, !"# or for a span of 8 years, characteristic of the chronic nature of his mental disease *pp: =:9, TS;, ;ovember &, !"#. Thus, on direct examination, r. )arlos Dicente confirmed3 F : (rom your study, when he was an out patient at the ;ational /ental 5ospital and its extension at the 7ose 0eyes /emorial 5ospital, would you say that he was and has been suffering from chronic schi1ophreniaI A : Jes, chronic, because it started in !B& and became in remission in 567, !uly. *p. #, TS;, 7anuary , !", emphasis supplied. (or chronic schi1ophrenia, the patient does not recover fully in two months' time. 5is condition may simply be 4in remission4, which term means 4social recovery4, not cured or fully recovered. r. Dicente thus stated3 F : 5ow long, if there is any usual period, does a schi1ophrenic attack last at any given timeI A : That is waivable *sic. There are those who cannot recover after ten days orthree months *p. =, TS;, 7anuary , ! " , emphasis supplied. xxx xxx xxx 2n a schi1ophrenic's behavior pattern3 F :
A : Jes, it is %ossible, if he was at that time.
F : y suffering from schi1ophrenia, would you say that his suffering has affected his power of control over his willI A : uring the time that he was suffering, he could not stick to the right. 5e made mistakes at the time that he was mentally sick. chanroblesvirtual lawlibrary
F : 5is power of control over his will to commit a crime is affectedI A : Jes, sir.
chanroblesvirtuallawlibrary
F : Are you sure of thatI A : Jes, somehow it is controlled by some uence of his
mental delusion. 5e killed the 4mangkukulam4 as personified by the victimC he did not kin Aling +ikay herself. And the said fatal act was made by appellant in defending himself from the 4mangkukulam4. chanroblesvirtuallawlibrary
hile it has been established that appellant was 4manageable4 and was 4presently free from any social incapacitating psychotic symptoms4 during the trial, the fact remains that at the very moment of the commission of the alleged crime, he was still a mentally sick person. ;o evidence was produced to prove otherwise against the bulk of appellant's medical history for 8 years clearly indicative of his mental psychosis. chanroblesvirtual lawlibrary
As earlier stated, 4social recovery4 of a schi1ophrenic does not mean that he is 4cured4 *totally recovered from the disease. chanroblesvirtuallawlibrary
uitted of the charge of murder. Teehan8ee, !., concur.
Endnotes: (ernando, ).7.3 &= (&d 8B& *!9=.
