People vs Antonio, GR No. 144266, Nov. 27, 2002
Criminal Case Digest:
Digested Cases
FACTS:
1. On June 16, 1996, the
accused-appellant Wilson Antonio, Jr. alias “Instik” was carrying a gun and
went to the victim’s house Sergio Mella;
2. That the accused-appellant
was seen by her sister Wife who followed and pleaded to stop him but the latter
ignored her and continued walking towards the house of the victim;
3. That the
accused-appellant kicked open the door to the bedroom where the victim was
sleeping with his seven years old son Kevin Paul Mella;
4. That the
accused-appellant aimed and fire the gun towards the sleeping victim hitting
the chest, shoulder and back that killed the latter;
5. That the victim’s son
who witnessed the incident was also hit at the left thigh;
6. Immediately after firing his gun, the
accused-appellant left the room eluded the arrest for more than (1) year or
until October 23, 1997.
ISSUE:
Whether or not the
accused-appellant’s defense of insanity is valid to exempt him from criminal liability.
RATIONALE:
Insanity
exists when there is a complete deprivation of intelligence in committing an
act. Mere abnormality of the mental
faculties will not exclude imputability.
The accused must be so insane as to be incapable of entertaining criminal
intent. He must be deprived of reason
and acting without the least discernment because there is a complete absence of
the power to discern or a total deprivation of freedom of the will.
HELD:
When insanity is allege 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 to the
moment of its execution which the defense failed to convince the appellate
court. The decision of court a quo finding accused-appellant guilty of murder
qualified by treachery imposing a death penalty was modified considering that
there is one mitigating circumstance of mental illness of the offender. 