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90 Phil. L.J. 859 (2016-2017)
Understanding Insanity: Making Sense out of Mental Illness in Philippines Law and Jurisprudence

handle is hein.journals/philplj90 and id is 889 raw text is: UNDERSTANDING INSANITY: MAKING SENSE OUT OF MENTAL ILLNESS IN PHILIPPINE LAW AND JURISPRUDENCE Rbiy Rossele L. TugadeC ABSTRACT The insane have limited capacity to act or are unfit to be subject of legal relations to some extent. Philippine courts require complete deprivation of intelligence and reason for one to be declared insane. Recent scholarly works on the subject and developments in international law and in other jurisdictions, however, do not support this definition. Philippine law on insanin needs to be reformed because it needs to recognize that mental impairment occurs in a spectrum, especially since it affects rights and obligations found in criminal law, succession and workmen's compensation. There must be a policy that aims to eliminate the stigma that comes with mental illness. The assessment of a person's mental state in court proceedings must be made in a multidisciplinary manner. The parens patriae approach and the remedy of involuntary treatment need to be reconsidered in light of the more empowering rights-based approach. Confined on the ship, fom which there is no escape, the madman is delivered to the river with its thousand arms, the sea with its thousand roads, to that great uncertainty external to everything. He is a pnsoner in the midst of what is the feest, the openest of routes: bound/.t at the iniite crossroads. He is the Passenger par excellence: that is, the pitoner of the passage. And the land he will come to is unknown-as is, once he * Cite as Ruby Rosselle L. Tugade, Understanding Insanity: Makin Sensce Out of A fenia/ Illness in Phibippine La and Jurirpredence, 90 PF iii- L.J. 734, (page cited) (2017). -J. D., University of the Philippines (2016); A.B. Political Science, can /aude, Program Awardee, Atenco de Manila University (2010); Vice-Chair, PHR.iiPiINI; LAw ji iRNAL, Vol. 88. The author would like to thank Professor Dante Gatmaytan for his guidance and mentorship during the writing of this paper. This paper is dedicated to everyone living with mental illness and disability; may we constantly win our inner struggles and put the good fight in our battles with the world. 859

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