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    Josh Saldo Azuela
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    Formigones doctrine is a 1950 Supreme Court doctrine regarding the test of insanity as an exempting circumstance. It involved a case where Formigones stabbed his wife without provocation, killing her. He claimed insanity as a defense. The Court rejected this, finding his actions after the killing showed remorse rather than insanity. For the insanity defense to apply, the defendant must have been completely deprived of reason and freedom of will due to mental illness at the time of the offense. Mere abnormality is not enough to exclude criminal liability.

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    Formigones doctrine is a 1950 Supreme Court doctrine regarding the test of insanity as an exempting circumstance. It involved a case where Formigones stabbed his wife without provocation, killing her. He claimed insanity as a defense. The Court rejected this, finding his actions after the killing showed remorse rather than insanity. For the insanity defense to apply, the defendant must have been completely deprived of reason and freedom of will due to mental illness at the time of the offense. Mere abnormality is not enough to exclude criminal liability.

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    69 views1 page

    Formigones Doctrine

    Uploaded by

    Josh Saldo Azuela
    Formigones doctrine is a 1950 Supreme Court doctrine regarding the test of insanity as an exempting circumstance. It involved a case where Formigones stabbed his wife without provocation, killing her. He claimed insanity as a defense. The Court rejected this, finding his actions after the killing showed remorse rather than insanity. For the insanity defense to apply, the defendant must have been completely deprived of reason and freedom of will due to mental illness at the time of the offense. Mere abnormality is not enough to exclude criminal liability.

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    Formigones Doctrine: Test of Insanity as exempting circumstance

    Formigones doctrine is a doctrine adopted by the Supreme Court in 1950. The doctrine has been used in
    the determination whether insanity is exempting under Article 12 of the Revised Penal Code. The case
    happened in Libmanan, Camarines Sur, involved Formigones, a dedicated family man. He was the
    breadwinner of the family. He was a hardworking husband who was always thinking of the welfare of his
    family. One time, his wife was sitting in the stairways. Without any provocation, he took his bolo and
    stabbed his wife in the back that penetrated her right lung causing severe hemorrhage. The wife fell on
    the ground with blood oozing from her body. Formigones picked up the lifeless body of his wife, brought
    her upstairs and laid her in the floor. He laid beside her. Prosecuted for parricide, the trial court
    convicted formigones for the crime charged. On appeal, he interposed the defense of insanity. His lawyer
    cited the testimonies of 2 guards of the provincial jail stating that they saw him acting strangely while
    detained therein; that he would remove his clothing and go started naked in the presence of other
    prisoners; that he refused to take a bath and wash his clothes; and would sing by himself without being
    asked.

    The SC rejected the plea of insanity. It was learned that the motive of the killing was jealousy.
    Formigones became jealous of his brother whom he suspected of having an affair with his wife. Jealousy
    is not a form of insanity. His acts of picking her dead body, taking her upstairs, and laying beside her
    show his feeling of remorse at killing his loved one.

    In order that this exempting circumstance may be taken into account, It is necessary that there be a
    complete deprivation of intelligence in commmitting the act, that is, that the accused be deprived of
    reason; that there be no responsibility for his own acts; that he acts without discernment; that there be
    a complete absence of power to discern, or that there be a total deprivation of freedom of the will. For
    this reason, it was held the the imbecility or insanity at the time of the commision of the act should
    absolutely deprive a person of intelligence or freedom of will, becuase mere abnormality of his mental
    faculties does not exclude imputability.

    Insanity must relate to the time immediately preceding or simultaneous with the commission of the
    offense with the accused is charged.

    Exemption of criminal liability

    a) completely deprived of intelligence because of his mental condition or illness;

    b) such complete deprivation of intelligence must be manifest at the time or immediately before the
    commission of the offense

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