Thursday, February 23, 2012

People vs. Antonio, Jr. [(393 SCRA 169) November 27, 2002]

Facts: In the early morning of June 16, 1996 Wilson Antonio alias “Instik”, the accused and Sergio “Bobby” Mella were having a drinking session where the victim boxed the accused. Upon arriving home together 2shots were fired although it was not certain who fired the shots Wilson believed it was Bobby. Wilson then shouted out that he will kill Bobby. At 7:15 am of June 16, 1996 went to the house of the victim despite her sister’s plea Wilfe. Upon arriving Wilson shot the victim while he was in bed sleeping together with his 7 year old son. The victim died thereafter. Wilson eluded arrest for more than one year. 

The accused raised insanity as a defense. Wilson, has from 1994 to 1996, underwent treatment for his unusual behavior. He was prescribed medications but did not take them religiously. Furthermore he habitually drank alcohol, which interfered with his medication. On Sept 14, 1998 Dr. Rowena Cosca examined the accused and diagnosed him with schizo-affective disorder. A person suffering from psychosis does not know what he is doing and is deprived of his faculty to distinguish right from wrong; he is deprived of reason and does not understand the consequences of his actuations because of his behavioral symptoms. 

Issue: Whether or not the accused was insane at the time of the commission of the crime entitling him to exempting circumstances of insanity. 

Held: No he is not. Insanity exists when there is a complete deprivation of intelligence in committing the act. Mere abnormality of the mental faculties will not exclude imputability. When insanity is alleged to free a person from criminal liability, it must be proved by clear and convincing evidence which must refer to the time immediately preceding the act or at the very moment of its execution. A review of the evidence fails to show that the accused was legally insane at the time he shot Bobby. Dr. Cosca’s testimony as well as that of Wilson’s mother failed to show that he was insane at the moment of the killing since they were not there. Wilson’s testimony during his cross examination admitting his awareness of the circumstances of crime militates heavily against the defense. His condition however qualifies as a mitigating circumstance of illness which diminishes the exercise of his will without depriving him of the consciousness of his acts. 


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