Exempting Circumstances; Insanity (Criminal Law)

2010 Bar Exam Question and Suggested Answer on Exempting Circumstances  and Insanity (Criminal Law)

QUESTION:

No. XIII. While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was going back to the province to marry her childhood sweetheart. Clouded by anger and jealousy, Romeo strangled Dulcinea to death while she was sleeping in the maid’s quarters.

The following day, Romeo was found catatonic inside the maid’s quarters. He
was brought to the National Center for Mental Health (NCMH) where he was diagnosed to be mentally unstable. Charged with murder, Romeo pleaded insanity as a defense.

a. Will Romeo’s defense prosper? Explain. (2%)
b. What is the effect of the diagnosis of the NCMH on the case? (2%)

SUGGESTED ANSWER:

a. No, Romeo's defense of insanity will not prosper because, even assuming that
Romeo was “insane” when diagnosed after he committed the crime, insanity as a defense to the commission of crime must have existed and proven to be so existing at the precise moment when the crime was being committed. The fact of the case indicate that Romeo committed the crime with discernment.

b. The effect of the diagnosis made by NCMH is possibly a suspension of the proceedings against Romeo and his commitment to appropriate institution for treatment until he could already understand the proceedings.


Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)