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SECOND DIVISION

G.R. No. 96832 November 19, 1992

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. TEOTIMO DANAO @ "TIMO", Accused-Appellant.chanrobles virtual law library

NOCON, J.:

Forever to be etched in Teotimo Danao's mind and soul is the gruesome killing of his wife, upon whom he himself inflicted no less than thirty two (32) stab wounds on her lifeless body.chanroblesvirtualawlibrarychanrobles virtual law library

It was about 9 to 10 o'clock in the morning of October 26, 1988, when Victorio Sunga, brother-in-law of Ruby Guintu Danao (now deceased) arrived in his house and received the unexpected news about the death of his sister-in-law, Ruby. He proceeded to the house of accused-appellant which was located about fifty (50) meters away from his residence and saw appellant by the window holding a bolo. Victorio Sunga asked herein appellant what happened and the latter replied that he killed his wife, Ruby and by reason of which he considers himself a criminal. ¹chanrobles virtual law library

At about the same time, Vicente Guintu, Sr., father of the deceased was informed by one of his grandsons, that their mother was killed by their father. He immediately proceeded to the house of herein appellant and the latter said to him, "Come here, I will not call you father anymore only Enteng. ²chanrobles virtual law library

Victorio Sunga pleaded to the appellant to surrender himself, which the latter did, throwing two kitchen knives made of stainless steel. Subsequently, appellant came down from the house and surrendered himself to the barangay officials." ³chanrobles virtual law library

The National Center for mental health gave a brief background history ⁴ on the mental health of the accused in its report dated March 30, 1989, after the latter has killed his wife, to wit:

xxx xxx xxxchanrobles virtual law library

Sometime in 1981 he went to Saudi Arabia to work in a construction firm for two years. When he came home in 1983 he became disappointed when he found out that much of the money he was sending to his family have gone up in smoke due to wife and brother-in-law's spending spree. He confronted his wife but she told him that the money was used for the payment of hospital bills when their youngest child got sick. He felt bad about this but kept it to himself.chanroblesvirtualawlibrarychanrobles virtual law library

Behavioral changes were noted sometime in 1986 after he had a misunderstanding with his cousin when the latter threatened to harm him with a gun. He became frightened and went into hiding for two days. Upon returning home, he was observed to be sleepless, anxious, in deep thought and claimed of seeing a devil. He was brought to UST hospital on March, 1986 for psychiatric treatment. Impression then was Paranoid Disorder with Reactive Psychosis. He was given Tranquilizers and was managed as an out patient. However, he did not come back for check-up as he was noted at home to be asymptomatic.chanroblesvirtualawlibrarychanrobles virtual law library

On October 26, 1988, he allegedly stabbed his wife to death with a knife due to his jealousy. He was apprehended by police authorities and was put to jail charge with Parricide. While in jail, oddities in behavior recurred. Because of these, he was brought here per commitment order coming from the court for physical and mental examination.

The recommendation of the National Center for Mental health was treat and confine appellant, as they found him to be "still psychotic or insane" and as such incompetent to stand the rigors of a court trial. ⁵chanrobles virtual law library

However, five months later, specifically on August 24, 1989, a petition for release was filed by the National Center for Mental health as the accused had shown considerable improvement and is now competent to stand trial. Its findings are as follows:

In view of the foregoing mental and physical examinations and observations, patient Teotimo Danao y Manansala, he was found suffering from a mental disorder called Schizophrenia or insanity, manifestation of which have been mentioned in the previous report rendered to the Honorable Court.chanroblesvirtualawlibrarychanrobles virtual law library

At present, he showed considerable improvement and the Forensic Medical Staff believes the patient is now competent to stand trial.chanroblesvirtualawlibrarychanrobles virtual law library

It is respectfully prayed for the Honorable Court to grant us the authority to transfer patient to his court of origin for proper disposition of his case.chanroblesvirtualawlibrarychanrobles virtual law library

Likewise, it is recommended that patient should undergo regular monthly follow-up at the Patient Service of this hospital to prevent recurrence of his mental illness. ⁶chanrobles virtual law library

The third of the ten (10) children of appellant, by the name of Maritess Danao testified that on the morning of October 26, 1988, she got up at 5 o'clock in the morning and was asked by her mother to buy a box of matches. When Maritess returned with the box of matches, she noticed her father holding her second youngest sister. A few hours later, she went to her grandparents house which is five (5) houses away from their residence to fetch water. ⁷ It was at the moment when one of her brothers, Ricky Danao, who was on the first floor of their house, noticed that his father got hold of a bolo and went straight upstairs. Though Ricky was downstairs, he witnessed his father stab his mother because the flooring of their house is made of bamboo slats of one (1) inch apart. 8

When Maritess Danao was about to return to their house, she was met by Ricky Danao who told her that their father killed their mother. On their way out of their grandparents' house, they were met by their other brother and sister who were all bloodied.chanroblesvirtualawlibrarychanrobles virtual law library

As a result of this incident, appellant Teotimo Danao was charged with the crime of Parricide before the Regional Trial Court of Macabebe, Pampanga under an Information ⁹which reads:

That on or about the 26th day of October, 1988 in Barangay Esteban, municipality of Macabebe, Province of Pampanga, Philippines and within the jurisdiction of this Honorable Court, the above-named accused Teotimo Danao y Manansala @ "Timo", with intent to kill and armed with two (2) kitchen knives, did then and there willfully, unlawfully and feloniously assault, attack and stab Ruby Guintu-Danao, his legitimate wife, thereby inflicting upon her mortal and fatal injuries which directly caused her death shortly thereafter.chanroblesvirtualawlibrarychanrobles virtual law library

All contrary to law.

After a trial on the merits, the lower court rendered a decision ¹⁰ finding appellant guilty beyond reasonable doubt of the crime charged, the dispositive portion of which reads:

WHEREFORE, finding the accused guilty as above stated, the Court hereby renders judgment sentencing the accused as follows:chanrobles virtual law library

1. To suffer the penalty of reclusion perpetua and the accessories of the law;chanrobles virtual law library

2. To indemnify the heirs of the victim in the amount of P17,000.00 as compensatory and actual damages;chanrobles virtual law library

3. To pay likewise the heirs of the victim the amount of P30,000.00 as moral damages; andchanrobles virtual law library

4. To pay the amount of P10,000.00 as exemplary damages.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Accused-appellant interposes as his defense the exempting circumstance of insanity.chanroblesvirtualawlibrarychanrobles virtual law library

We are not convinced.chanroblesvirtualawlibrarychanrobles virtual law library

The nature of insanity may be gleaned from the definition of insane persons in Section 1039 of the Revised Administrative Code which provides:

Insanity is a manifestation in language or conduct of disease or defect of the brain, or more or less permanently diseased or disordered condition of the mentality, functional or organic, and characterized by perversion, inhibition, or disordered function of the sensory or of the intellective faculties, or by impaired or disordered volition.chanroblesvirtualawlibrarychanrobles virtual law library

Article 800 of the Civil Code provides:chanrobles virtual law library

The law presumes that every person is of sound mind, in the absence of proof to the contrary.

The allegation of insanity must be clearly proved. The law presumes all acts to be voluntary. Not every aberration of the mind or exhibition of mental deficiency is insanity.chanroblesvirtualawlibrarychanrobles virtual law library

As held in People vs. Puno: ¹¹

Insanity under Article 12 of the Revised Penal Code means that the accused must be deprived completely of reason or discernment and freedom of the will at the time of committing the crime (People vs. Formigones, 87 Phil. 658, 660).chanroblesvirtualawlibrarychanrobles virtual law library

Insanity exists when there is a complete deprivation of intelligence in committing the act, that is, the accused is deprived of reason, he acts without the least discernment because there is complete absence of the power to discern, or there is a total deprivation of freedom of the will. Mere abnormality of the mental faculties will not exclude imputability. (People vs. Ambal, G.R. No. 52688, October 17, 1980; People vs. Renegado, L-27031, May 31, 1974, 57 SCRA 275, 286; People vs. Cruz, 109 Phil. 288, 292).

When insanity is alleged as a ground for exemption from criminal responsibility, the evidence on this point must refer to the time preceding the act under prosecution or to the very moment of its execution. ¹²If the evidence pointed to insanity subsequent to the commission of the crime, the accused cannot be acquitted. he is presumed to be sane when he committed it.chanroblesvirtualawlibrarychanrobles virtual law library

The quantum of evidence required to overthrow the presumption of sanity is proof beyond reasonable doubt. ¹³ Insanity is a defense in the nature of a confession and avoidance, and as such must be proved beyond reasonable doubt.chanroblesvirtualawlibrarychanrobles virtual law library

Appellant contends that Dra. Santiago's declaration as to his insanity was also corroborated by the testimony of Dr. Johnvert R. Jimenez, resident physician of the Center. As further contended, the testimonies of Dra. Santiago and Dr. Jimenez were supported by the antecedent fact that appellant was examined for mental disorder at the University of Sto. Tomas, Manila, prior to the commission of the crime charged as testified to by his children, Maritess and Rick Danao. In short, appellant submits that he was insane, with complete absence of power to discern, and totally deprived of the freedom of will when he committed the crime.chanroblesvirtualawlibrarychanrobles virtual law library

The foregoing contentions do not deserve merit.chanroblesvirtualawlibrarychanrobles virtual law library

As the records will show, Dr. Jimenez just made an initial examination on the mental condition of the appellant after he was admitted at the Center. He testified:

Atty. Silvestre:chanrobles virtual law library

Q Now, Mr. Witness, in your residency at the National Center for Mental health, do you recall whether you treated a person by the name of Teotimo Danao?chanrobles virtual law library

Dr. Johnevert Jimenez:chanrobles virtual law library

A Yes, sir, I was the initial attending physician of that patient.chanroblesvirtualawlibrarychanrobles virtual law library

Q When did you first attend to this patient by the name of Teotimo Danao?chanrobles virtual law library

A From the time he was admitted sometime in November 1988 until March when I submitted my initial court report.

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Q Mr. witness, you said that you examined the patient while he was confined at the National Center for Mental Health, after this first endorsement which is dated March 30, 1989 recommending for further treatment, did you further examine the patient?chanrobles virtual law library

A. No, sir, Dr. Avelina (sic) Medrano-Medina was the next attending physician of Teotimo Danao. ¹⁴

The participation of Dra. Sylvia B. Santiago, Chief Forensic Psychiatry Service of the Center, was merely to indorse the "Report on the mental and physical condition of patient Teotimo Danao y Manansala" dated March 30, 1989 (Exhibit "1-A", "1-B" and "1-C") jointly signed by Dr. Johnevert R. Jimenez and Dr. Nicanor L. Echavez as shown in her 1st Indorsement (Exhibit "1") which contained the following:

Respectfully forwarded to the honorable Judge, Municipal Trial Court, Masantol-Macabebe, Masantol, Pampanga the enclosed clinical case report on the mental and physical condition of patient TEOTIMO DANAO Y MANANSALA accused in Criminal Case No. 88-133, in compliance with the order of this Court. ¹⁵chanrobles virtual law library

Dra. Santiago merely indorsed the "Follow-up report on the present mental and physical condition of patient TEOTIMO Y MANANSALA, etc." dated August 24, 1989 (Exhibit "2", "3-A", "3-B", "3-C" and "3-D") jointly signed by Dra. Adelita Medrano-Medina and Dr. Isagani S. Gonzales as can be shown in her 1st Indorsement of even date which also contained the following:

Respectfully forwarded to the Honorable Judge, Municipal Trial Court Masantol-Macabebe, Masantol, Pampanga the enlisted clinical case report on the mental and physical condition of patient TEOTIMO DANAO Y MANANSALA accused in Criminal Case No. 88-133, in compliance with order of this court. ¹⁶chanrobles virtual law library

Clearly, Dra. Santiago did not actually examine the mental condition of the appellant during his confinement for alleged insanity at the Center.chanroblesvirtualawlibrarychanrobles virtual law library

The testimonies of the two doctors, Dra. Sylvia Santiago and Dr. Johnevert Jimenez seemingly were influenced by the disclosure of the appellant of his previous consultation at the UST Hospital sometime in 1986. They did not examine the accused before October 26, 1988, the date when he killed his wife, but after the killing. At the UST Hospital on March. 1986, appellant was merely given tranquilizers and was treated as an out patient. Thus, DR. Jimenez testified as follows:

Atty. Silvestre:chanrobles virtual law library

Q Now, Mr. Witness, the alleged crime took place sometime on October 26, 1988 and based on your examination of the patient, did you find out from the patient whether prior to that he was already sick of that ailment which is mental disorder?chanrobles virtual law library

Dr. Johnevert Jimenez:chanrobles virtual law library

A Yes, sir. Upon interviews, the patient relates that was sometime in 1986 wherein admissive behavior were observed that he was brought to the UST Hospital for psychotic examination or consultation and he was given psychosis medication but he did not come back for follow-up treatment. Then sometime in October 1988, he allegedly stabbed his wife. So based on our findings we believed that the patient was suffering from psychosis before, during and after the commission of the crime. ¹⁷

During cross-examination, Dr. Jimenez testified that appellant was found to have no record of any previous admission at the National Center for Mental Health. He further testified:

Court:chanrobles virtual law library

Q Doctor, you will agree with the Court that Teotimo Danao was first admitted at the hospital, you had no record that he was previously confined there for examination.chanroblesvirtualawlibrarychanrobles virtual law library

Dr. Jimenez:chanrobles virtual law library

A Yes, your honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q You will also agree with the Court that in accordance with your examination his control of his impulse is weak?chanrobles virtual law library

A Yes, your honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q And he could easily overwhelm by emotions?chanrobles virtual law library

A Based on the mental status, yes, your honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q With the agreement with the Court you will also agree that a person overwhelm by emotions maybe sane but is only overwhelm by emotions?chanrobles virtual law library

A It could be a part of the symptoms, your honor. ¹⁸

It is the impression of this Court that the appellant is purporting insanity to exculpate himself from his criminal liability.

Fiscal Agpawa.chanroblesvirtualawlibrarychanrobles virtual law library

Q Mr. Witness, it was only after the death of your wife that you were treated at the National Mental Hospital. Is that it?chanrobles virtual law library

Teotimo Danao:chanrobles virtual law library

A What I remember I was already being checked up at the UST Hospital before the death of my wife, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q But you were only committed at the national Mental Hospital after the death of your wife?chanrobles virtual law library

A I do not know, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Fiscal Agpawa:chanrobles virtual law library

That is all, your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Court:chanrobles virtual law library

Q You know that you were admitted to the National Mental Hospital?chanrobles virtual law library

A I do not know why I was brought there, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q You will admit that you were brought there?chanrobles virtual law library

Q When I woke up I just discovered that I was at the National Mental Hospital.chanroblesvirtualawlibrarychanrobles virtual law library

A. Were you interviewed there?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And you answered questions?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q You answered the question with respect to matters you know?chanrobles virtual law library

A Yes, sir. ¹⁹

In the case at bar, there is no clear and convincing evidence that appellant was insane during the commission of the crime. The fact is, prior to the commission of the crime, appellant was engaged in fishing and was a "jueteng" collector for the last two years. Victorio Sunga testified:

Fiscal Pangilinan:chanrobles virtual law library

Q What is the name of the husband of Ruby Danao?chanrobles virtual law library

Victorio Sunga:chanrobles virtual law library

A Teotimo Danao, sir.

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Q Do you know that occupation of vocation of the accused Teotimo Danao?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was his work?chanrobles virtual law library

A He is a fisherman "mamalakaya".chanroblesvirtualawlibrarychanrobles virtual law library

Q Where does he exercise is (sic) profession or vocation?chanrobles virtual law library

A In the sea, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q For how long have you know the accused engaged in fishing at the sea?chanrobles virtual law library

A Since he got married.chanroblesvirtualawlibrarychanrobles virtual law library

Q Aside from fishing do you know if ever the accused is engaged in any occupation?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What kind of was he engaged aside from fishing?

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A He is a collector in "weteng" sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where does he exercise that "weteng" collector?chanrobles virtual law library

A In San Esteban, Macabebe, Pampanga, sir.

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Q For how long have you known him engaged in weteng collector?chanrobles virtual law library

A Maybe, sir, for two years already. sir. ²⁰

Maritess Danao likewise testified:

Fiscal Pangilinan:chanrobles virtual law library

Q What was the occupation or vocation of your father before October 26, 1988?chanrobles virtual law library

Maritess Danao:chanrobles virtual law library

A He was a jueteng bet collector, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Of your own personal knowledge when was the last date that your father engaged in jueteng be Collecting?chanrobles virtual law library

A A few days before the incident my father has stopped collecting jueteng bet and mother was the one who collected jueteng bet then.chanroblesvirtualawlibrarychanrobles virtual law library

Q How long was your father was collecting jueteng before he stopped?chanrobles virtual law library

A For quite a time already, sir. ²¹

The evidence before Us says that appellant was not insane during the commission of the crime. Insanity must be clearly and satisfactorily proved in order to acquit an accused on the ground of insanity. ²² In the absence of such proof, it will be presumed that the offender committed the crime when he was sane. The presumption is in favor of sanity. The defense must prove insanity beyond reasonable doubt. ²³chanrobles virtual law library

It has been repeatedly held that conclusions and findings of fact by the trial court are entitled to great weight on appeal and should not be disturbed unless for strong and congent reasons because the trial court is in a better position to examine real evidence, as well as to observe the demeanor of witnesses while testifying in the case. The trial court had the privilege of examining the deportment and demeanor of the witnesses and therefore, it can discern if such witnesses were telling the truth or not. ²⁴chanrobles virtual law library

Moreover, the state should guard against sane murderers escaping punishment through a general plea of insanity. ²⁵chanrobles virtual law library

The mitigating circumstance of voluntary surrender however, should be considered in favor of the appellant. His surrender to the barangay officials ²⁶ was spontaneous in such manner that it shows the intent of the accused to surrender unconditionally to the authorities, either because he acknowledges his guilt or he wishes to save them the trouble and expense necessarily incurred in his search and capture.chanroblesvirtualawlibrarychanrobles virtual law library

Under Article 63, par. 2 (3) of the Revised Penal Code, it provides that in all cases in which the law prescribes a penalty composed of two indivisible penalties, like reclusion perpetua to death, the penalty of parricide (Article 246), and there is present one (1) mitigating circumstance with no aggravating circumstance to affect the same, the lesser penalty shall be applied, which in this case is reclusion perpetua. The penalty imposed by the trial court is correct except that the indemnity be P50,000.00. ²⁷chanrobles virtual law library

WHEREFORE, the guilt of the accused-appellant Teotimo Danao having been proved beyond reasonable doubt and there being no reversible error in the decision appealed herefrom, the same is hereby AFFIRMED with the modification that the indemnity to be paid by the appellant is hereby increased to P50,000.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Endnotes:

1 T.S.N., January 22, 1990, pp. 16-22.chanrobles virtual law library

2 T.S.N., July 9, 1990, pp. 29-30.chanrobles virtual law library

3 T.S.N., January 22, 1990, p. 42.chanrobles virtual law library

4 Records, pp. 103-105.chanrobles virtual law library

5 Ibid.chanrobles virtual law library

6 Records, pp. 7-8.chanrobles virtual law library

7 T.S.N., February 1, 1990, pp. 4-24.chanrobles virtual law library

8 T.S.N., February 26, 1990, pp. 24-25.chanrobles virtual law library

9 Records, p. 1.chanrobles virtual law library

10 Rollo, pp. 18-21.chanrobles virtual law library

11 No. L-33211, 105 SCRA 151, 158-159 (1981).chanrobles virtual law library

12 U.S. vs. Guevarra, 27 Phil. 547.chanrobles virtual law library

13 People vs. Dungo, G.R. No. 89420, 199 SCRA 860 (1991).chanrobles virtual law library

14 T.S.N., September 14, 1990, pp. 8, 15.chanrobles virtual law library

15 Records, p. 102.chanrobles virtual law library

16 Records, p. 5.chanrobles virtual law library

17 T.S.N., September 14, 1990, pp. 23-24.chanrobles virtual law library

18 Ibid., at pp. 27-28.chanrobles virtual law library

19 T.S.N., October 9, 1990, pp. 11-12.chanrobles virtual law library

20 T.S.N., January 22, 1990, pp. 8-10.chanrobles virtual law library

21 T.S.N., February 1, 1990, pp. 26-27.chanrobles virtual law library

22 U.S. vs. Guevarra, 27 Phil. 547 (1914).chanrobles virtual law library

23 People vs. Cruz, 109 Phil. 288 (1960).chanrobles virtual law library

24 People vs. Dungo, supra.chanrobles virtual law library

25 Ibid.chanrobles virtual law library

26 T.S.N., January 22, 1990, p. 42.chanrobles virtual law library

27 People vs. Sison, G.R. No. 86455, 189 SCRA 643 (1990).