Spec Pro Class 2020

PROCEDURE FOR THE HOSPITALIZATION OF INSANE PERSONS

• Petition for commitment filed in RTC.

• Court Order fixing the date and place of hearing and ordering the Sheriff to produce the alleged insane person in the hearing.

• Service of Notice of the Court Order to the alleged insane person and to the person who has custody of him/her.

• Hearing on the Petition

• Judgment granting/denying the petition.

 

​APPLICATION OF THE RULE:

​The rule is applicable only when the hospitalization of the insane person is for the public welfare or for the welfare of said person, who in the judgment of the Director of Health, is insane, provided that the one who has charge of him is opposed to such confinement.

 

​DISTINCTION:

​HOSPITALIZATION OF THE INSANE (Rule 101)

​For the protection of protecting the community at large and in the nature of police regulations.

​

GUARDIANSHIP  (Rules 93-97)

​For the protection of protecting the person and the estate of the insane.

 

​SECTION 1 Venue. Petition for Commitment​ -

A petition for the commitment of a person to a hospital or other place for the insane may be filed with the REGIONAL TRIAL COURT of the province where the person alleged to be insane is found.

​- Director of Health with the assistance of city or provincial prosecutor

 

​What is INSANITY?

​Insanity  - a condition of the mind which is so impared in function so deranged as to induce a deviation from normal conduct on the person so afflicted.

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SECTION 2   Order for hearing

​1. The court shall fix a date and place for hearing where all concerned may appear to contest the petition;

2. Copies of the notice of hearing shall be served upon:

a. The person alleged to be insane; and

b. The one having charge of him, or on such of his relatives residing in the province/city as the judge may deem proper.

​3. The court shall order the sheriff to produce the alleged insane person (if possible) on the date of hearing;

​4. Upon satisfactory proof that the commitment is necessary and that his relatives are unable to take proper custody and care of him, the court shall order his commitment in a hospital/asylum;

​5. The court shall make proper provisions for the custody of the ward’s property until a guardian is properly appointed.

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​SECTION 3. HEARING AND JUDGMENT

Burden of proof:

In all actions and proceedings, the burden of proving insanity is on the plaintiff who alleges it; but where it is set up as an affirmative defense, the burden of proving rests on the defendant. 

​

Estate of the insane person:

Pending an appeal from the judgment declaring a person to be insane, the trial court has jurisdiction to order a third party to appear and show cause why the property of the insane should not be delivered to the guardian. It is the duty of the court to protect the property of the insane pending the appeal.

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​SECTION 4. DISCHARGE OF INSANE

• Director of Health may file this petition in the RTC which ordered the commitment, when he is of the opinion that the person is permanently or temporarily cured or may be released without danger.

• The Health Secretary cannot order release without the approval of the RTC. On the other hand, the RTC cannot order release without recommendation from the Health Secretary.

 

SECTION 5. ASSISTANCE OF FISCAL IN THE PROCEEDING

• ​It shall be the duty of the provincial fiscal or in the City of Manila the fiscal of the city, to prepare the petition for the Director of Health and represent him in court in all proceedings arising under the provisions of this rule.