Spec Pro Class 2020

FACTS:

On November 15, 1927, one Chan Sam (alias Chin Ah Woo), was charged in the Court of First Instance of Manila with the murder of Chin Ah Kim. Thereafter, the trial judge acquitted Chan Sam on the plea of insanity. He also ordered Chan Sam for treatment in San Lazaro Hospital, in accordance with article 8 of the Penal Code, with the admonition that the accused be not permitted to leave the said institution without first obtaining the permission of the court.         

 

In compliance with this order, Chan Sam was confined for approximately two years in San Lazaro Hospital. During this period, efforts to obtain his release were made induced by the desire of his wife and father-in-law to have him proceed to Hongkong. Opposition to the allowance of the motions came from the wife and children of the murdered man, who contended that Chan Sam was still insane.

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Judge Concepcion allowed the petitioner to leave the hospital based on Article 8 of the Penal Code which states  that;

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

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The family of the victim filed a petition for certiorari questioning the order of the respondent judge. They argued that under Section 1048 of the Administrative Code, the Director of Health has authority to say when a patient may be discharged from an insane asylum.

 

ISSUE:

Whether or not judge who ordered the confinement of an insane person in an asylum may permit the same to leave the asylum without the opinion of the Director of Health.

 

HELD:

No, the judge who ordered the confinement of an insane person in an asylum cannot permit the same to leave the asylum without the opinion of the Director of Health.

 

As stated in Article 8 of the Penal Code, the Director of Health was without power to release without proper judicial authority any person confined by order of the Court in an asylum. Conversely, any person confined by order of the Court in an asylum cannot be discharged from custody in an insane asylum until the views of the Director of Health have been ascertained as to whether or not the person is temporarily or permanently cured or may be released without danger.

 

Respondent judge exceeded his authority when he issued his orders without first having before him the opinion of the Director of Health.