Imbecile or insane, A12(1) Revised Penal Code

Imbecile or insane – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from being an imbecile or insane person, unless an insane person committed the offnse during a lucid interval.

1. Concept

Imbecile or insane – refers to the exempting circumstance that exempts an accused from criminal liability for committing an offense resulting from being an imbecile or insane person, unless an insane person committed the offnse during a lucid interval.

a. Legal basis

Article 12. Circumstances which exempt from criminal liability. - the following are exempt from criminal liability:

1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

(Revised Penal Code)

b. Legal history

People v. Formigones, En Banc, G.R. No. L-3246, November 29, 1950, Per Montemayor, J.:

• The provisions of article 12 of the Revised Penal Code are copied from and based on paragraph 1, article 8, of the old Penal Code of Spain. Consequently, the decisions of the Supreme Court of Spain interpreting and applying said provisions are pertinent and applicable. We quote Judge Guill...