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.


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