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G.R. No.

144266 Nov 27, 2002

FACTS: Wilson Intsik Antonio Jr., as claimed by his mother Fe Antonio and a
psychiatrist, Dr. Rowena G. Cosca., has been diagnosed with schizo-affective disorder
or psychosis which required a long-term treatment. The said mental disorder is
manifested by behavioral problems such as auditory hallucinations and paranoia
delusions or persecutory delusions.
On the 16th of June year 1996 around 7:15 in the morning, Antonio, carrying his
shotgun, walked towards Sergio Bobby Mellas house, shot Mella on the chest,
shoulder, back and was also hit on his left thigh while asleep. Antonio hurriedly left the
room after firing. When the police arrived, Mella was already dead. Antonio was then
nowhere to be found after the incident. Until, on the 23 rd of October 1997, he
surrendered to the police.
WILSON ANTONIO, JR. alias "Intsik" appeals from the Decision of the trial court
convicting him of murder and imposing upon him the penalty of death.
ISSUE: Whether or not the defendant was insane during the commission of the crime
and was exempt from criminal liability.
HELD: WHEREFORE, the assailed Decision of the court a quo finding accusedappellant Wilson Antonio, Jr. guilty of murder qualified by treachery for the killing of
Sergio "Bobby" Mella and imposing upon him the death penalty is MODIFIED. Accusedappellant is sentenced instead to reclusion perpetua and ordered to pay the heirs of the
deceased P75,000.00 as civil indemnity, P100,000.00 as moral damages,
and P855,000.00 for lost earnings. No costs.
The accused-appellant admitted on cross-examination that he killed the deceased out of
anger and a desire for revenge. Accused-appellant believed that he had been wronged
when Mella boxed him so he retaliated. Although the accused-appellant was suffering
from schizo-affective disorder or psychosis, and was verified that he was sometime sent
to hospital for treatment, his mother testified that he misses taking his medications and
sometimes he even refuse taking his medications. Dr. Cosca concluded that since
accused-appellant was not taking his medicine around the time the offense was
committed, and he had been drinking alcohol which interfered with any medication he
might have taken and triggered the symptoms of psychosis, accused-appellant might
have been in the active phase of psychosis which prompted him to kill Bobby Mella.
However, the testimony of the accused-appellant claiming that he killed the deceased
out of anger and with the desire of revenge and that he knew very well that killing a
person was against the law of God and of man, proved that he is aware of his acts and
the consequences of his acts. Accused-appellants act of hiding from the authorities
because his fear of being punished was a proof of such awareness.