Dear PAO,

My father was arrested for allegedly selling marijuana fruiting tops in an alleged buy bust. However, he was diagnosed with schizophrenia a year ago. Can my father escape criminal liability because of his mental illness?

Caitlyn

Dear Caitlyn,

To answer your question, we shall refer to the Revised Penal Code (RPC) of the Philippines which contains a provision that specifically applies to your question, to wit:

'Article 12 of the Revised Penal Code of the Philippines provides that: 'The following are exempt from criminal liability: 1. An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. xxx.'