G.R. No.
54135 November 21, 1991 Her mother immediately accompanied her to
Patrolman Mairina who is cousin of her
Plaintiff - Appellee: People of the Philippines
father.
Defendant- Appellant: Policarpio Rafanan, Jr. o Policarpio was brought to the police
headquarter with the bolo
During the arraignment, Policarpio entered a
Policarpio Rafanan, Jr. appeals from a decision of the plea of not guilty.
Court of First Instance of Pangasinan convicting him o Case proceeded and the appellant
of the crime of rape and sentencing him to reclusion was convicted.
perpetua to indemnify complainant Estilita Ronaya in Instant appeal was anchored on the ff:
the amount of P10,000.00 by way of moral damages o Assignment of errors
and to pay the costs. 1. Lower court erred in basing its
decision of conviction solely on
the testimony of Estelita and her
FACTS of the case by the Trial Court: mother
2. Erred in considering the hearsay
February 1976 – Estelita Ronaya was only 14 evidence for the prosecution
when she was hired as househelper by the 3. Erred in not believing the
mother of Policarpio, ‘Baket Ines’ testimony of the expert witnesses
o P30.00 a month salary (as to mental condition of
Policarpio and his family lived with his mother Policarpio at the time of the
in the same house at Brgy. San Nicolas, incident)
Villasis, Pangasinan 4. Erred in convicting appellant who
o He was married with two children was suffering from insanity.
March 1976 – after dinner Estelita was sent Appellant first assail the testimonies of
by Baket Ines to help in the store Estelita and her mother which accdg to him
o At the time Policarpio was in the store was contradictory as there are inconsistent
o 11:00 PM Policarpio called Estelita to statements which she clarified during her
help close the door of the store and cross-examination.
then pulled her inside the store. He Principal submission of the appellant:
told her “Come let us have sex”, o He was suffering from schizophrenia
which Estelita refused. when he did the crime.
She tried to free herself and o Due to this the trial was suspended
cried. However, Policarpio is and ordered appellant be confined at
holding a bolo 1 ½ feet long the Nat’l Mental Hosp.
pointed at her throat and The case was archived for the
threatened her if she meantime while he was
resisted. admitted.
He succeeded having carnal He stayed there for a year
knowledge of her. He then and a half.
warned her not to report the The hospital prepared 4 clinical reports
matter to anybody in the In conclusion of the 1st report (Jan 1977):
house otherwise he would kill Policarpio was found suffering from a mental
her. disorder. He is psychotic or insane, hence
o She did not report the matter due to cannot stand trial.
fear and proceed with her daily 2nd report (June 1977): He is still psychotic,
routine the following day. She hence not yet in condition to stand trial.
eventually left the house the evening 3rd Report (October 05, 1997): Better
of the same day. behaved, responsive and neat in person,
The Rafanan family learned of what adequate in his emotional tone, in touch with
happened with Policarpio and Estelita. Her his surroundings and free from hallucinatory
mother confronted the her but she only cried experiences.
and cannot tell her what happened. o He has been allowed to leave the
It was only the following morning when she hospital temporarily and he stayed
informed her mother that she was raped. with a relative in Manila.
o During his stay there though he mental faculties does not exclude
looked normal there are instances imputability.
when he smiles when alone and he o Also exempted are the deaf and the
complains that he hears children mute
talking but he could not understand. Allegation of insanity or imbecility must be
It was concluded that in his clearly proved by the defendant or it will be
situation though he had presumed that he was still in normal
improved, he was not yet in a condition.
position to stand trial. o Acts penalized by law are always
In the last report June 1978 it was concluded reputed to be voluntary.
that he was in a "much improved condition" In the Formigones they established 2 tests:
and "in a mental condition to stand court trial. o Test of cognition – complete
Trial of the case resumed deprivation of intelligence in
Defense first presented Dr. Arturo Nerit who committing the criminal act
suggested that appellant was sick and o Test of volition – there will be total
suffering from schizophrenia when he raped deprivation of freedom
Estelita In our Courts’ practice, it is of common
o Next is Dr. Raquel Jovellano reliance to the test of cognition.
(psychiatrist) who testified that he If the accused failed to show complete
had examined and treated Policarpio. impairment or loss of intelligence, at most
Plea of insanity of Policarpio rests on Article the court will mitigate, but not exempting in
12 of RPC accord with Art 13 of RPC:
o Circumstances which exempt from o “Such illness of the offender as would
criminal liability. The ff. are exempt: diminish the exercise of the will-
An imbecile or insane person, power of the offender without
unless the latter acted during however depriving him of the
lucid interval consciousness of his acts”
when they commit
ISSUE:
felony (delito), the
court shall order their Whether or not Policarpio, who is suffering from
confinement in a schizophrenia is conscious before and or during the
hospital or asylums. sexual assault to Estelita.
They are not
permitted to leave
unless permitted by RULING:
the court.
Reference case: It was only in People vs Questioning/Cross-examination of the Doctor
Formigones that the court elaborated on the
The doctor indicated that Policarpio was not
required standards of legal insanity. The SC
completely devoid of his consciousness.
of Spain held that
o In addition, he answered Fiscal
o in order that this exempting
Guillermo that those acts whether he
circumstance may be taken into
is schizophrenic deals some kind of
account,
intelligence and consciousness.
1. it is necessary that there be a
o That he capable of planning the
complete deprivation of
crime.
intelligence in committing the act
o That an insane person are equipped
2. that the accused be deprived of
with knowledge that an act they are
reason
going to commit is wrong.
3. no responsibility for his own acts
They just lose inhibition or
4. acts without the least
their reasoning is weak yet
discernment
they understand but volition
o it was held that imbecility or insanity at
is not there
the time of commission of the act
The above negates complete destruction of
should absolutely deprive a person of
intelligence at the time of the act of Policarpio
intelligence or freedom of will,
because mere abnormality of his It is only the complete loss of intelligence to
be exempted.
The appellant failed to present clear and
convincing evidence regarding his state of
mind, before and during the sexual assault.
Policarpio depended on the testimonies of
the two physicians. However their
testimonies consisted of broad statements
based on behavioral patterns of people
suffering from schizophrenia.
The court decided to reject the insanity
defense of appellant Policarpio.
WHEREFORE, the Decision appealed from is
hereby AFFIRMED, except that the amount of
moral damages is increased to P30,000.00.
Costs against appellant.
