People vs Antonio, GR No. 144266, Nov.

27, 2002

FACTS:
1.      On June 16, 1996, the accused-appellant Wilson Antonio, Jr. alias “Instik” was
carrying a gun and went to the victim’s house Sergio Mella;
2.      That the accused-appellant was seen by her sister Wife who followed and pleaded to
stop him, but the latter ignored her and continued walking towards the house of the
victim;
3.      That the accused-appellant kicked open the door to the bedroom where the victim
was sleeping with his seven years old son Kevin Paul Mella;
4.      That the accused-appellant aimed and fire the gun towards the sleeping victim hitting
the chest, shoulder and back that killed the latter;
5.      That the victim’s son who witnessed the incident was also hit at the left thigh;
6.       Immediately after firing his gun, the accused-appellant left the room eluded the arrest
for more than (1) year or until October 23, 1997.

ISSUE:
Whether or not the accused-appellant’s defense of insanity is valid to exempt him
from criminal liability.

RATIONALE:
          Insanity exists when there is a complete deprivation of intelligence in committing
an act.  Mere abnormality of the mental faculties will not exclude imputability.  The
accused must be so insane as to be incapable of entertaining criminal intent.  He must
be deprived of reason and acting without the least discernment because there is a
complete absence of the power to discern or a total deprivation of freedom of the will.

HELD:
          When insanity is allege to free a person from criminal liability, it must be proved
by clear and convincing evidence which must refer to the time immediately preceding
the act or to the moment of its execution which the defense failed to convince the
appellate court. The decision of court a quo finding accused-appellant guilty of murder
qualified by treachery imposing a death penalty was modified considering that there is
one mitigating circumstance of mental illness of the offender.