Dear PAO,

I saw in the news a case involving a mother who was suffering from schizophrenia. She jumped off a bridge with her daughter. The mother survived, but the daughter drowned and died. My question is, can a parent who is suffering from a mental illness be absolved from criminal liability if he or she inflicts harm on his or her child? Thank you.

Izel

Dear Izel,

The answer to your question can be found in Article 12 of the Revised Penal Code, which enumerated the circumstances which exempts a person from criminal liability. One of which is “an imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.”

As elucidated in People vs. Paña, (G.R. No. 214444, November 17, 2020), the honorable Supreme Court, speaking through Senior Associate Justice Marvic M.V.F. Leonen, states that the defense of insanity must satisfy a stringent three-fold test: (1) the existence of insanity at the precise moment of the commission of the crime; (2) that such insanity was medically established and constituted the proximate cause of the criminal act; and (3) that, by reason thereof, the accused was deprived of the capacity to appreciate the nature and quality or the wrongfulness of the act. These requisites underscore that mere abnormality of behavior or mental deficiency does not suffice, what is required is a complete deprivation of intelligence or discernment.

Moreover, the pronouncement of the Supreme Court in the case of People vs. XXX (G.R. No. 273354, October 29, 2025, Associate Justice Samuel H. Gaerlan) is instructive. The law presumes all persons to be of sound mind; hence, insanity is regarded as an exception rather than the rule. An accused who invokes insanity, in effect, admits the commission of the act charged but seeks exemption from criminal liability on the ground of absence of voluntariness or intelligence. Consequently, the burden rests upon the accused to prove such defense by clear and convincing evidence. Considering that insanity pertains to the mental state of the individual, it must be demonstrated through overt acts indicative of a deranged condition of mind. Accordingly, courts are constrained to evaluate behavioral manifestations and surrounding circumstances in determining the presence of legal insanity.

In answering the query, the accused-mother may be absolved from criminal liability on the ground of insanity, if it is proven by clear and convincing evidence that she was completely deprived of discernment at the time of the commission of the crime. By invoking this defense, the accused does not deny the commission of the act but merely seeks exemption from criminal liability on the ground of absence of intelligence or voluntariness. Otherwise, absent such proof, the proper penalty under the Revised Penal Code must be imposed upon her.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.