Hospitalization of Insane

Persons
(Rule 101)

INSANITY
Condition of the mind where it is so impaired
in function or so deranged as to induce deviation
from normal conduct in the person so afflicted.
BURDEN TO PROVE INSANITY

To prove insanity, the burden is on the party

who alleges insanity.

PROCEDURE IN THE
HOSPITALIZATION OF INSANE
PERSONS

PETITION FOR COMMITMENT

[Rule 101, Sec.1 and 5]

Petition is filed in the RTC of the province where the person

alleged to be insane is found.
Who may file:

1)Person in custody or having charge of the insane

person.
2) If the above refuses, and commitment is for the public
welfare or the welfare of insane person, the Health
Secretary with the assistance of the city/provincial fiscal.

COURT ACTION ON THE PETITION

[Rule101, Sec. 2-3]
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 wards property until a
guardian is properly appointed.

WHEN THE PERSON IS CURED

The Health Secretary or the person having charge of such

person allegedly insane may file a petition for the discharge
of the insane person in the RTC which ordered the
commitment when he is of the opinion that the person is:
a) permanently/temporarily cured;
b) or may be released without danger. [Rule 101, Sec. 4]
The Health Secretary cannot order release without the
approval of the RTC which ordered the commitment.
On the other hand, the RTC cannot order release without
recommendation from the Health Secretary. [Chin Ah Foo v.
Concepcion]