G.R. No. 216021. March 2, 2016. SOLOMON VERDADERO y GALERA, Petitioner, vs. People of The Philippines, Respondent

9/24/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 785
G.R. No. 216021. March 2, 2016.*

SOLOMON VERDADERO y GALERA, petitioner, vs.
PEOPLE OF THE PHILIPPINES, respondent.
Remedial Law; Civil Procedure; Appeals; Petition for Review

on Certiorari; Generally, questions of fact are beyond the ambit of
a petition for review under Rule 45 of the Rules of Court as it is
limited to reviewing only questions of law; Exceptions.—Generally,
questions of fact are beyond the ambit of a petition for review
under Rule 45 of the Rules of Court as it is limited to reviewing
only questions of law. The rule, however, admits of exceptions
wherein the Court expands the coverage of a petition for review to
include a resolution of questions of fact. In Laborte v. Pagsanjan
Tourism Consumers’ Cooperative, et al., 713 SCRA 536 (2014), the
Court reiterated the following exceptions to the rule that only
questions of law may be raised under Rule 45, to wit: (1) when the
findings are grounded entirely on speculations, surmises, or
conjectures; (2) when the inference made is manifestly mistaken,
absurd, or impossible; (3) when there is a grave abuse of
discretion; (4) when the judgment is based on
misappreciation of facts; (5) when the findings of fact are
conflicting; (6) when in making its findings, the same are contrary
to the admissions of both appellant and appellee; (7) when the
findings are contrary to those of the trial court; (8) when the
findings are conclusions without citation of specific evidence on
which they are based; (9) when the facts set forth in the petition
as well as in the petitioner’s main and reply briefs are not
disputed by the respondent; and (10) when the findings of fact are
premised on the supposed absence of evidence and contradicted by
the evidence on record.
Criminal Law; Exempting Circumstances; Insanity; Under
Article 12 of the Revised Penal Code (RPC), an imbecile or an
insane person is exempt from criminal liability, unless the latter
had acted during a lucid interval.—To completely evade
culpability, Verdadero raises insanity as a defense claiming that
he had suffered a relapse of his schizophrenia. Under Article 12 of
the RPC, an imbecile or an insane person is exempt from criminal
liability, unless the latter had
www.central.com.ph/sfsreader/session/0000016d62315e484fd42262003600fb002c009e/t/?o=False 1/22
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* SECOND DIVISION.

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VOL. 785, MARCH 2, 2016 491

Verdadero vs. People
acted during a lucid interval. The defense of insanity or

imbecility must be clearly proved for there is a presumption that
the acts penalized by law are voluntary.
Same; Same; Same; A showing that an accused is suffering
from a mental disorder, however, does not automatically exonerate
him from the consequences of his act.—Schizophrenia is a chronic
mental disorder characterized by inability to distinguish between
fantasy and reality, and often accompanied by hallucinations and
delusions. A showing that an accused is suffering from a mental
disorder, however, does not automatically exonerate him from the
consequences of his act. Mere abnormality of the mental faculties
will not exclude imputability.
Same; Same; Same; Proving insanity is a tedious task for it
requires an examination of the mental state of the accused.—In
raising the defense of insanity, Verdadero admits to the
commission of the crime because such defense is in the nature of a
confession or avoidance. As such, he is duty-bound to establish
with certainty that he was completely deprived, not merely
diminished, of intelligence at the time of the commission of the
crime. Failing which, Verdadero should be criminally punished for
impliedly admitting to have stabbed Romeo to death. Proving
insanity is a tedious task for it requires an examination of the
mental state of the accused. In People v. Opuran, 425 SCRA 654
(2004), the Court explained how one’s insanity may be
established, to wit: Since insanity is a condition of the mind, it is
not susceptible of the usual means of proof. As no man can know
what is going on in the mind of another, the state or condition of a
person’s mind can only be measured and judged by his behavior.
Thus, the vagaries of the mind can only be known by outward
acts, by means of which we read the thoughts, motives, and
emotions of a person, and then determine whether the acts
conform to the practice of people of sound mind. Insanity is
evinced by a deranged and perverted condition of the mental
faculties which is manifested in language and conduct. x x x
Establishing the insanity of an accused often requires opinion
testimony which may be given by a witness who is intimately

acquainted with the accused; has rational basis to conclude that
the accused was insane based on his own perception; or is
qualified as an expert, such as a psychiatrist.

492
492 SUPREME COURT REPORTS ANNOTATED

Same; Same; Same; The grant of absolution on the basis of

insanity should be done with utmost care and circumspection as
the State must keep its guard against murderers seeking to escape
punishment through a general plea of insanity.—Indeed, the grant
of absolution on the basis of insanity should be done with utmost
care and circumspection as the State must keep its guard against
murderers seeking to escape punishment through a general plea
of insanity. The circumstances in the case at bench, however, do
not indicate that the defense of insanity was merely used as a
convenient tool to evade culpability. The Court notes that at the
very first opportunity, Verdadero already raised the defense of
insanity and remained steadfast in asserting that he was
deprived of intelligence at the time of the commission of the
offense. He no longer offered any denial or alibi and, instead,
consistently harped on his mental incapacity. Unlike in previous
cases where the Court denied the defense of insanity as it was
raised only when the initial defense of alibi failed to prosper,
Verdadero’s alleged insanity was not a mere afterthought.
Same; Same; Same; Article 12(1) of the Revised Penal Code
(RPC) expressly states that “[w]hen an insane person has
committed an act which the law defines as a felony, the court shall
order his confinement in one (1) 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.”—In exonerating Verdadero on the ground of
insanity, the Court does not totally free him from the
responsibilities and consequences of his acts. Article 12(1) of the
RPC expressly states that “[w]hen an insane person has
committed an act which the law defines as a felony, 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.” Instead of incarceration, Verdadero is to be confined
in an institution where his mental condition may be addressed so
that he may again function as a member of society. He shall

remain confined therein until his attending physicians give a
favorable recommendation for his release.
Same; Same; An exempting circumstance, by its nature,
admits that criminal and civil liabilities exist, but the accused is
freed from the criminal liability.—In appreciating insanity in
favor of Ver-

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VOL. 785, MARCH 2, 2016 493

dadero, the Court absolves him from criminal responsibility.

He is, nevertheless, responsible to indemnify the heirs of Romeo
for the latter’s death. An exempting circumstance, by its nature,
admits that criminal and civil liabilities exist, but the accused is
freed from the criminal liability.
PETITION for review on certiorari of the decision and

resolution of the Court of Appeals.
The facts are stated in the opinion of the Court.
MENDOZA, J.:

The expectations of a person possessed with full
control of his faculties differ from one who is totally
deprived thereof and is unable to exercise sufficient
restraint on his. Thus, it is but reasonable that the
actions made by the latter be measured under a lesser
stringent standard than that imposed on those who
have complete dominion over their mind, body and
spirit.

This petition for review on certiorari seeks to reverse
and set aside the July 10, 2014 Decision1 and the December
15, 2014 Resolution2 of the Court of Appeals (CA) in C.A.-
G.R. CR No. 35894 which affirmed the May 30, 2013
Judgment3 of the Regional Trial Court, Branch 03,
Tuguegarao City (RTC) in Criminal Case No. 13283,
finding accused Solomon Verdadero y Galera (Verdadero)
guilty beyond reasonable doubt of the crime of Homicide,
defined and penalized under Article 249 of the Revised
Penal Code (RPC).
_______________
1 Penned by Associate Justice Agnes Reyes-Carpio, with Associate

Justices Noel G. Tijam and Priscilla J. Baltazar-Padilla, concurring; Rollo,
pp. 30-42.
2 Id., at pp. 44-45.
3 Penned by Judge Marivic A. Cacatian-Beltran; id., at pp. 72-88.

494

The Facts

4
In an Information, dated September 9, 2009, Verdadero
was charged with the crime of murder for killing Romeo B.
Plata (Romeo), the accusatory portion of which reads:

That on or about March 12, 2009, in the
municipality of Baggao, Province of Cagayan, and
within the jurisdiction of this Honorable Court, the
said accused SOLOMON VERDADERO armed with
a Rambo knife, with intent to kill, evident
premeditation and with treachery, did then and there
wilfully, unlawfully and feloniously attack, assault
and stab ROMEO B. PLATA, thereby inflicting upon
him stab wounds on the different parts of his body
which caused his death.
Contrary to law.5

On June 3, 2011, Verdadero was arraigned and pleaded
“Not Guilty.” During the pretrial, he invoked the defense of
insanity but did not consent to a reverse trial. Thereafter,
trial ensued.6

Evidence of the Prosecution

The evidence of the prosecution tended to establish the
following:
On March 12, 2009, at around 3:00 o’clock in the
afternoon, Maynard Plata (Maynard) and his father Romeo
were at the Baggao Police Station. Together with Ronnie
Elaydo (Ronnie), they went there to report that Verdadero
had stolen the fan belt of their irrigation pump.7
_______________
4 RTC Records, pp. 1-2.

5 Rollo, p. 72.
6 Id., at p. 74.
7 Id., at p. 31.

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VOL. 785, MARCH 2, 2016 495

After a confrontation with Verdadero at the police

station, the three men made their way home on a tricycle
but stopped at a drugstore as Maynard intended to buy
some baby supplies. Romeo proceeded towards a store near
the drugstore while Ronnie stayed inside the tricycle. From
the drug store, Maynard saw Verdadero stabbing Romeo,
after he was alerted by the shouts of Ronnie.8
Verdadero stabbed Romeo on the left side of the latter’s
upper back with the use of a Rambo knife. He again struck
Romeo’s upper back, just below the right shoulder.
Maynard tried to help his father but Verdadero attempted
to attack him as well. He defended himself using a small
stool, which he used to hit Verdadero in the chest.9
Meanwhile, Ronnie ran towards the police station to
seek assistance. The responding police officers arrested
Verdadero, while Maynard and Ronnie brought Romeo to a
clinic but were advised to bring him to the Cagayan Valley
Medical Center (CVMC). Romeo, however, died upon
arrival at the CVMC. Based on the Post-Mortem
Examination Report, his cause of death was
cardiopulmonary arrest secondary to severe hemorrhage
secondary to multiple stab wounds and hack wounds.10

Evidence of the Defense

The evidence for the defense did not refute the material
allegations but revolved around Verdadero’s alleged
insanity, to wit:
Since 1999, Verdadero had been an outpatient of
CVMC’s Psychiatric Department as he claimed to hear
strange voices and had difficulty in sleeping. Sometime in
2001, Miriam Verdadero (Miriam), Verdadero’s sister,
again brought him to
_______________
8 Id., at p. 74.
9 Id., at p. 31-32.
10 Id., at p. 32.

496

the Psychiatric Department of CVMC after he became

violent and started throwing stones at a tricycle with a
child onboard. Verdadero was confined for two (2) months
and was diagnosed to be suffering from mental depression.
On July 21, 2003, he was diagnosed with schizophrenia
and was given medications to address his mental illness.
Verdadero would irregularly consult with his doctors as he
had a lifelong chronic disease. Then, in 2009, he was again
confined for the fourth (4th) time at CVMC due to a
relapse.
On March 12, 2009, Miriam proceeded to CVMC, after
she heard of the stabbing incident. There, she saw
Verdadero removing the IV tubes connected to his body
and, thereafter, locked himself inside the comfort room.
Eventually, Verdadero was given sedatives and was
transferred to an isolation room after Miriam informed the
nurses of the incident.11
On March 20, 2009, he was transferred to the Psychiatry
Department after Dr. Leonor Andres-Juliana (Dr. Andres-
Juliana) had diagnosed that he was having difficulty
sleeping. Dr. Andres-Juliana opined that Verdadero
suffered a relapse, as evidenced by his violent behaviour.
Acting on the January 4, 2011 Order of the RTC, Dr.
Ethel Maureen Pagaddu (Dr. Pagaddu) conducted a mental
examination on Verdadero. She confirmed that as early as
1999, he was already brought to CVMC and that he was
diagnosed with schizophrenia on July 21, 2003. Dr.
Pagaddu agreed with Dr. Andres-Juliana that Verdadero
had suffered a relapse on the day of the stabbing incident.12
The RTC’s Ruling

On May 30, 2013, the RTC rendered a decision finding
Verdadero guilty for the crime of homicide. The dispositive
portion of which reads:

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VOL. 785, MARCH 2, 2016 497

WHEREFORE, in light of the foregoing, this

Court finds the accused SOLOMON VERDADERO y
Galera GUILTY beyond reasonable doubt of the
felony of Homicide, defined and penalized under
Article 249 of the Revised Penal Code, as amended,
and hereby sentences him:
1. To suffer an indeterminate prison sentence
ranging from twelve (12) years of prisión mayor [as
maximum] as minimum to seventeen (17) years and
four (4) months of reclusion temporal medium, as
maximum;
2. To pay the heirs of Romeo Plata the amounts of:
a. P50,000.00 as death indemnity;
b. P50,000.00 as moral damages; and
c. P30,000.00 as stipulated actual damages;
and
3. To pay the costs.
SO ORDERED.13

The RTC ruled that the crime committed was only
homicide, as the prosecution failed to establish the
presence of treachery and evident premeditation to qualify
the killing to murder. The trial court, however, opined that
Verdadero failed to establish insanity as an exempting
circumstance. The trial court posited that Verdadero was
unsuccessful in establishing that he was not in a lucid
interval at the time he stabbed Romeo or that he was
completely of unsound mind prior to or coetaneous with the
commission of the crime.
Aggrieved, Verdadero appealed before the CA.
The CA’s Ruling

In its July 10, 2014 Decision, the CA upheld Verdadero’s
conviction of homicide. The appellate court agreed that the
_______________
13 Id., at pp. 87-88.

498

defense was able to establish that Verdadero had a

history of schizophrenic attacks, but was unable to prove
that he was not lucid at the time of the commission of the
offense. The decretal portion of the decision states:

WHEREFORE, in view of the foregoing, the
Appeal is DENIED. The Judgment, dated May 30,
2013, rendered by the Regional Trial Court of
Tuguegarao City, Branch 3 in Criminal Case No.
13283, is AFFIRMED.
SO ORDERED.14

Verdadero moved for reconsideration, but his motion
was denied by the CA in its resolution, dated December 15,
2014.
Hence, this present petition, raising the following:

Issue

WHETHER THE COURT OF APPEALS
GRAVELY ERRED IN AFFIRMING THE
PETITIONER’S CONVICTION DESPITE THE
FACT THAT HIS INSANITY AT THE TIME OF
THE INCIDENT WAS ESTABLISHED BY
CLEAR AND CONVINCING EVIDENCE.

Verdadero insists that he was able to fully support his
defense of insanity. He claims that Maynard even admitted
that he was not in the proper state of mind when they were
at the police station before the stabbing took place.
Further, it appeared that Verdadero was having
hallucinations after the stabbing incident as testified to by
Dr. Andres-Juliana. Verdadero notes that Dr. Pagaddu
concluded that he had a relapse at the time of the stabbing
incident on March 12, 2009.
In its Comment,15 the Office of the Solicitor General
(OSG) contended that the present petition presented a
question of fact, which could not be addressed in a petition
for review
_______________
14 Id., at p. 41.
15 Id., at pp. 106-111.

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VOL. 785, MARCH 2, 2016 499

under Rule 45 of the Rules of Court. Moreover, it

asserted that the CA did not misapprehend the facts as the
evidence presented failed to completely establish
Verdadero’s insanity at the time of the stabbing.
In his Manifestation (in Lieu of Reply),16 Verdadero
indicated that he would no longer file a reply as his petition
for review already contained an exhaustive discussion of
the issues.

The Court’s Ruling

The present petition primarily assails the conviction
despite his defense of insanity. Before delving into the
merits of the case, a discussion of the procedural issue is in
order.
Only questions of law may be

raised in a petition for review
under Rule 45; Exceptions

The OSG argues that the Court should not entertain
Verdadero’s petition for review as it principally revolves
around the issue of his insanity — a question of fact which
should no longer be addressed in a petition for review. The
Court disagrees.
Generally, questions of fact are beyond the ambit of a
petition for review under Rule 45 of the Rules of Court as it
is limited to reviewing only questions of law. The rule,
however, admits of exceptions wherein the Court expands
the coverage of a petition for review to include a resolution
of questions of fact. In Laborte v. Pagsanjan Tourism
Consumers’ Cooperative, et al.,17 the Court reiterated the
following exceptions to the rule that only questions of law
may be raised under Rule 45, to wit: (1) when the findings
are grounded entirely on
_______________
16 Id., at pp. 114-115.

17 G.R. No. 183860, January 15, 2014, 713 SCRA 536, 549-550.

500

speculations, surmises, or conjectures; (2) when the

inference made is manifestly mistaken, absurd, or
impossible; (3) when there is a grave abuse of discretion;
(4) when the judgment is based on misappreciation
of facts; (5) when the findings of fact are conflicting; (6)
when in making its findings, the same are contrary to the
admissions of both appellant and appellee; (7) when the
findings are contrary to those of the trial court; (8) when
the findings are conclusions without citation of specific
evidence on which they are based; (9) when the facts set
forth in the petition as well as in the petitioner’s main and
reply briefs are not disputed by the respondent; and (10)
when the findings of fact are premised on the supposed
absence of evidence and contradicted by the evidence on
record.
The present petition mainly delves into Verdadero’s
state of mind at the time of the stabbing incident.
Obviously, it is a question of fact, which, ordinarily is not
entertained by the Court in a petition for review. As will be
discussed below, the Court, nevertheless, finds that the
circumstances in the case at bench warrant the application
of the exception rather than the rule.
Insanity must be present

at the time the crime had
been committed

To completely evade culpability, Verdadero raises
insanity as a defense claiming that he had suffered a
relapse of his schizophrenia. Under Article 12 of the RPC,
an imbecile or an insane person is exempt from criminal
liability, unless the latter had acted during a lucid interval.
The defense of insanity or imbecility must be clearly proved
for there is a presumption that the acts penalized by law
are voluntary.18
_______________
18 People v. Comanda, 553 Phil. 655, 673; 526 SCRA 689, 707 (2007).

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VOL. 785, MARCH 2, 2016 501

In the case at bench, it is undisputed that (1) as early as

1999, Verdadero was brought to the Psychiatrist
Department of CVMC for treatment; (2) he was diagnosed
with depression in 2001; (3) he was diagnosed with
schizophrenia on July 21, 2003; (4) he was confined in the
psychiatric ward sometime in 2009 due to a relapse; (5) he
was in and out of psychiatric care from the time of his first
confinement in 1999 until the stabbing incident; and (6) he
was diagnosed to have suffered a relapse on March 20,
2009.
Thus, it is without question that he was suffering from
schizophrenia and the only thing left to be ascertained is
whether he should be absolved from responsibility in
killing Romeo because of his mental state.
Schizophrenia is a chronic mental disorder characterized
by inability to distinguish between fantasy and reality, and
often accompanied by hallucinations and delusions.19 A
showing that an accused is suffering from a mental
disorder, however, does not automatically exonerate him
from the consequences of his act. Mere abnormality of the
mental faculties will not exclude imputability.20
In People v. Florendo,21 the Court explained the
standard in upholding insanity as an exempting
circumstance, to wit:

Insanity under Art. 12, par. 1, of The Revised Penal
Code exists when there is a complete deprivation
of intelligence in committing the act, i.e.,
appellant is deprived of reason; he acts without the
least discernment because of complete absence of the
power to discern; or there is a total deprivation of
freedom of the will. The onus probandi rests upon him
who invokes insanity as an
_______________
19 People v. Austria, 328 Phil. 1208, 1220; 260 SCRA 106, 116 (1996).
20 People v. Madarang, 387 Phil. 846, 859; 332 SCRA 99, 113 (2000).
21 459 Phil. 470, 477; 413 SCRA 132, 138 (2003).

502

exempting circumstance, and he must prove it by

clear and convincing evidence.
[Emphasis supplied]

In People v. Isla,22 the Court elucidated that insanity
must relate to the time immediately preceding or
simultaneous with the commission of the offense with
which the accused is charged. Otherwise, he must be
adjudged guilty for the said offense. In short, in order for
the accused to be exempted from criminal liability under a
plea of insanity, he must categorically demonstrate that:
(1) he was completely deprived of intelligence because of
his mental condition or illness; and (2) such complete
deprivation of intelligence must be manifest at the time
or immediately before the commission of the offense.
In raising the defense of insanity, Verdadero admits to
the commission of the crime because such defense is in the
nature of a confession or avoidance.23 As such, he is duty-
bound to establish with certainty that he was completely
deprived, not merely diminished, of intelligence at the time
of the commission of the crime. Failing which, Verdadero
should be criminally punished for impliedly admitting to
have stabbed Romeo to death.
Proving insanity is a tedious task for it requires an
examination of the mental state of the accused. In People v.
Opuran,24 the Court explained how one’s insanity may be
established, to wit:

Since insanity is a condition of the mind, it is not
susceptible of the usual means of proof. As no man
can know what is going on in the mind of another, the
state or condition of a person’s mind can only be
measured and
_______________
22 G.R. No. 199875, November 21, 2012, 686 SCRA 267, 277.
23 People v. Tibon, 636 Phil. 521, 530-531; 622 SCRA 510, 519 (2010).
24 469 Phil. 698, 712-713; 425 SCRA 654, 665-666 (2004).

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VOL. 785, MARCH 2, 2016 503

judged by his behavior. Thus, the vagaries of the

mind can only be known by outward acts, by means of
which we read the thoughts, motives, and emotions of
a person, and then determine whether the acts
conform to the practice of people of sound mind.
Insanity is evinced by a deranged and perverted
condition of the mental faculties which is manifested
in language and conduct. x x x
Establishing the insanity of an accused often
requires opinion testimony which may be given by a
witness who is intimately acquainted with the
accused; has rational basis to conclude that the
accused was insane based on his own perception; or is
qualified as an expert, such as a psychiatrist.

In the earlier case of People v. Austria,25 the Court
elucidated that evidence of the mental condition of the
accused during a reasonable period before and after the
commission of the offense is material, to wit:

In order to ascertain a person’s mental condition at
the time of the act, it is permissible to receive
evidence of his mental condition during a reasonable
period before and after. Direct testimony is not
required nor are specific acts of disagreement
essential to establish insanity as a defense. A person’s
mind can only be plumbed or fathomed by external
acts. Thereby his thoughts, motives and emotions
may be evaluated to determine whether his external
acts conform to those of people of sound mind. To
prove insanity, clear and convincing circumstantial
evidence would suffice.

Guided by the precepts laid out by the above mentioned
jurisprudence, the Court finds that Verdadero sufficiently
proved that he was insane at the time of the stabbing.
Thus, the Court takes a view different from that of the CA

as the latter concluded that Verdadero’s insanity was not
clearly proven.
_______________
25 Supra note 19 at pp. 1221-1222; p. 117.

504

It is true that there is no direct evidence to show

Verdadero’s mental state at the exact moment the crime
was committed. This, however, is not fatal to the finding
that he was insane. His insanity may still be shown by
circumstances immediately before and after the incident.
Further, the expert opinion of the psychiatrist Dr. Pagaddu
may also be taken into account.
Dr. Pagaddu categorically testified that Verdadero was
suffering a relapse at the time of the stabbing incident.
During her testimony, she stated as follows:
On direct examination
Atty. Tagaruma
Q: By the way what was the mental condition of the accused referred
which involved your diagnosis as a life long chronic disease?
Witness
A: The accused was diagnosed schizophrenia, sir.
Q: When for the first time Solomon Verdadero was
diagnosed with schizophrenia?
A: It was on July 21, 2003, sir. x x x
Q: As an expert witness tell the Honorable Court if a person who has
relapse of schizophrenia could distinguish his act?
A: This mental disorder influence (sic) the impulse. It could at the time of
the commission of the crime that the impulse control and judgment of
an individual was affected sir.
Q: Could it be accurate to state that a person who has the relapse of
schizophrenia could not distinguish any act from right or wrong?
A: There is a possibility, sir.
Court
Q: Why did you say that Solomon Verdadero has the possibility of relapse
upon admission on March 19, 2009?


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VOL. 785, MARCH 2, 2016 505

A: There was a period of relapse meaning the symptom was present and
there must be a remission if the symptom is abated, your Honor.
x x x
Atty. Tagaruma
Q: You have read for the record the report of Dr. Juliana on the
alleged violent behavior of Solomon Verdadero on March 12,
2009 which is the date of the incident, as an expert psychiatrist
is it possible that the violent behavior of Solomon Verdadero
on March 12, 2009 was the basis of Dr. Juliana in diagnosing
that the accused was in relapse upon admission on March 12,
2009?
A: Yes sir.
Q: Following the remark of scientific conclusion of Dr. Juliana, Dr.
Janet Taguinod and the conclusion made by you, is it also your
conclusion that Solomon Verdadero was in relapse on March
12, 2009 due to violent behavior?
A: Yes, sir.
On cross-examination
Prosecutor Aquino
Q: But definitely during the disorder of the patient, the relapse would
somewhat be continued even when medications is administered to
him?
A: The symptom is controlled although there is a circumstances (sic) that
the patient may have relapse (sic) even with medication, sir.
Q: If a continuous medication was undertaken by the accused-patient in
this case could that have a long effect on his mental condition?
A: Continuous medication could somehow control the symptom and not
absolutely eradicate the symptom.

506

Q: On March 12, 2009 the accused-patient was on a lucid interval, in view

of the medication undertaken as of January 19, 2009?
A: It’s haphazard, sir.

x x x
Court
Q: Madam witness what type of schizophrenia the
accused was diagnosed?
A: Undifferentiated, your honor.26
[Emphases supplied]

Dr. Paggadu, without any reservations, stated that
Verdadero was suffering a relapse of his schizophrenia at
the time of the stabbing incident. In contrast, she was
hesitant to opine that Verdadero might have been in a lucid
interval because of the medications taken. Thus, it is
reasonable to conclude, on the basis of the testimony of an
expert witness, that Verdadero was of unsound mind at the
time he stabbed Romeo.
Further, the finding of Verdadero’s insanity is supported
by the observations made by Maynard, a witness for the
prosecution. In his testimony, Maynard gave his opinion on
Verdadero’s behavior and appearance when they met at the
police station, to wit:
On cross-examination
Atty. Tagurama
Q: Having made the report against Solomon Verdadero, do I (sic) correct to
say that you are familiar with Solomon Verdadero even before March
12, 2009?
A: Yes, sir.
Q: Tell us why you are familiar to him even prior to March 12, 2009?
A: We are neighbors, sir.
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26 TSN dated July 31, 2012, pp. 5-17.

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VOL. 785, MARCH 2, 2016 507

Q: You are immediate neighbors?

A: Yes, sir.
Q: Since you are neighbors with Solomon Verdadero you see him almost a
(sic) time?
A: Yes, sir. I saw him daily.
Q: When you see Solomon Verdadero daily you see his actuation?
A: Yes, sir.
x x x
Q: Sometimes he boxes when he is not in his proper mind, what aberrant
behavior did you observe from him?
A: That’s the only thing I observed and sometimes he steal (sic), sir.
Q: For a long time that Solomon Verdadero is your neighbor does his
relapse or what you called not in his proper mind occurred often?
A: It occurred once in a while, sir.
Q: When you said it occurred once in a while, this relapse may occur once a
week?
A: Yes, sir.
Q: Prior to March 12, 2009, when did you first observe that
Solomon Verdadero appears not in his proper mind?
A: He was not in his proper mind for a long time, sir.
Q: Maybe it could be 5 months before March 12, 2009?
A: Yes, sir.
x x x
Court
Q: You testified that you observed the accused not in his proper mind for
the passed (sic) years before this incident was he also violent like what
happened on March 12, 2009?
Witness
A: Yes, your honor.

508

Q: When you went to the police station you allegedly reported the stolen
fan belt do I get you right that Solomon Verdadero was with you at the
police station?
A: Yes, your honor.
Q: When he was with you at the police station what did you
observe?
A: He was not again in his proper mind (sumro manen), your
Honor.
x x x
Q: Can you describe his appearance?
A: His eyes was (sic) very sharp and reddish.
x x x
Q: As far as his appearance is concern (sic) do you remember his actuation
or how he was reacting?
A: Yes, your honor. He was somewhat drank (sic).
Q: You said that he was not on his proper mind for the passed (sic)
years?
A: Yes, your honor.27
[Emphases supplied]

Maynard was familiar with Verdadero as the latter was
his neighbor for a long time. He had observed that there
were times that Verdadero appeared to be of unsound mind
as he would sometimes become violent. On the day of the
stabbing incident, Maynard perceived that Verdadero was
again of unsound mind noting that he had reddish eyes and
appeared to be drunk. Moreover, he was immediately
transferred to the psychiatry department because of his
impaired sleep and to control him from harming himself
and others.28
These circumstances are consistent with Dr. Paggadu’s
testimony that drinking wine, poor sleep and violent
be-
_______________
27 TSN dated May 4, 2012, pp. 12-22.

28 TSN dated July 31, 2012, p. 7.

509
VOL. 785, MARCH 2, 2016 509

havior were among the symptoms of a relapse, the

same testimony that was used as basis for his previous
diagnosis.29 The evidence on record supports the finding
that Verdadero exhibited symptoms of a relapse of
schizophrenia at the time of the stabbing incident. Thus,
Dr. Pagaddu reiterated Dr. Andre-Juliana’s conclusion that
Verdadero was having a relapse of his illness on that
fateful day.
Further, on March 22, 2009, he was officially diagnosed
to have suffered a relapse of schizophrenia. Generally,
evidence of insanity after the commission of the crime is
immaterial. It, however, may be appreciated and given
weight if there is also proof of abnormal behavior before or
simultaneous to the crime.30
Indeed, the grant of absolution on the basis of insanity
should be done with utmost care and circumspection as the
State must keep its guard against murderers seeking to

escape punishment through a general plea of insanity.31
The circumstances in the case at bench, however, do not
indicate that the defense of insanity was merely used as a
convenient tool to evade culpability.
The Court notes that at the very first opportunity,
Verdadero already raised the defense of insanity and
remained steadfast in asserting that he was deprived of
intelligence at the time of the commission of the offense. He
no longer offered any denial or alibi and, instead,
consistently harped on his mental incapacity. Unlike in
previous cases32 where the Court denied the defense of
insanity as it was raised only when the initial defense of
alibi failed to prosper, Verdadero’s alleged insanity was not
a mere afterthought.
_______________
29 Id., at p. 12.
30 People v. Belonio, 473 Phil. 637, 649; 429 SCRA 579, 589 (2004).
31 People v. Florendo, supra note 21 at p. 481; p. 140.
32 People v. Ocfemia, 398 Phil. 210; 344 SCRA 315 (2000); People v.
Opuran, supra note 24.

510

In exonerating Verdadero on the ground of insanity, the

Court does not totally free him from the responsibilities
and consequences of his acts. Article 12(1) of the RPC
expressly states that “[w]hen an insane person has
committed an act which the law defines as a felony, 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.” Instead of incarceration,
Verdadero is to be confined in an institution where his
mental condition may be addressed so that he may again
function as a member of society. He shall remain confined
therein until his attending physicians give a favorable
recommendation for his release.
Verdadero still liable for

damages in spite of his

exoneration

In appreciating insanity in favor of Verdadero, the Court
absolves him from criminal responsibility. He is,
nevertheless, responsible to indemnify the heirs of Romeo
for the latter’s death. An exempting circumstance, by its
nature, admits that criminal and civil liabilities exist, but
the accused is freed from the criminal liability.33
The amount of damages awarded, however, must be
modified in order to conform to recent jurisprudence.34 The
P50,000.00 civil indemnity and P50,000.00 moral damages
awarded by the RTC must each be increased to P75,000.00.
In addition, an interest at the rate of six percent (6%) per
annum should be imposed on all damages awarded
computed from the finality of the decision until the same
have been fully paid.
_______________
33 Sierra v. People, 609 Phil. 446, 460; 591 SCRA 666, 680 (2009).
34 Wacoy v. People, G.R. No. 213792, June 22, 2015, 760 SCRA 259.

511
VOL. 785, MARCH 2, 2016 511

WHEREFORE, the Court grants the petition and

ACQUITS accused-appellant Solomon Verdadero y Galera
of Homicide by reason of insanity. He is ordered confined at
the National Center for Mental Health for treatment and
shall be released only upon order of the Regional Trial
Court acting on a recommendation from his attending
physicians from the institution.
He is also ordered to pay the heirs of Romeo B. Plata the
amounts of P75,000.00 as civil indemnity; P75,000.00 as
moral damages; and P30,000.00 as stipulated actual
damages, plus interest on all damages awarded at the rate
of 6% per annum from the date of finality of this decision
until the same shall have been fully paid.
SO ORDERED.
Carpio (Chairperson), Del Castillo and Leonen, JJ.,

concur.
Brion, J., On Leave.
Petition granted, accused-appellant Solomon Verdadero

y Galera acquitted.
Notes.—Proof of the existence of some abnormalities in

the mental faculties will not exempt the accused from
culpability, if it was shown that he was not completely
deprived of freedom and intelligence; A feeling of remorse
is inconsistent with insanity, as it is a clear indication that
he was conscious of his acts. (People vs. Villanueva, 534
SCRA 147 [2007])
The defense of insanity is in the nature of confession and
avoidance because an accused invoking the same admits to
have committed the crime but claims that he or she is not
guilty because of such insanity. (People vs. Umawid, 725
SCRA 597 [2014])
——o0o——
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9/24/2019 SUPREME COURT REPORTS ANNOTATED VOLUME 785

G.R. No. 216021. March 2, 2016.*

Remedial Law; Civil Procedure; Appeals; Petition for Review

VOL. 785, MARCH 2, 2016 491

acted during a lucid interval. The defense of insanity or

testimony which may be given by a witness who is intimately

492 SUPREME COURT REPORTS ANNOTATED

Same; Same; Same; The grant of absolution on the basis of

that he may again function as a member of society. He shall

VOL. 785, MARCH 2, 2016 493

dadero, the Court absolves him from criminal responsibility.

PETITION for review on certiorari of the decision and

1 Penned by Associate Justice Agnes Reyes-Carpio, with Associate

494 SUPREME COURT REPORTS ANNOTATED

4 RTC Records, pp. 1-2.

VOL. 785, MARCH 2, 2016 495

After a confrontation with Verdadero at the police

496 SUPREME COURT REPORTS ANNOTATED

the Psychiatric Department of CVMC after he became

The RTC’s Ruling

portion of which reads:

VOL. 785, MARCH 2, 2016 497

WHEREFORE, in light of the foregoing, this

The CA’s Ruling

13 Id., at pp. 87-88.

498 SUPREME COURT REPORTS ANNOTATED

defense was able to establish that Verdadero had a

VOL. 785, MARCH 2, 2016 499

under Rule 45 of the Rules of Court. Moreover, it

Only questions of law may be

16 Id., at pp. 114-115.

500 SUPREME COURT REPORTS ANNOTATED

speculations, surmises, or conjectures; (2) when the

Insanity must be present

VOL. 785, MARCH 2, 2016 501

In the case at bench, it is undisputed that (1) as early as

502 SUPREME COURT REPORTS ANNOTATED

exempting circumstance, and he must prove it by

VOL. 785, MARCH 2, 2016 503

judged by his behavior. Thus, the vagaries of the

Thus, the Court takes a view different from that of the CA

25 Supra note 19 at pp. 1221-1222; p. 117.

504 SUPREME COURT REPORTS ANNOTATED

It is true that there is no direct evidence to show

VOL. 785, MARCH 2, 2016 505

506 SUPREME COURT REPORTS ANNOTATED

Q: On March 12, 2009 the accused-patient was on a lucid interval, in view

A: It’s haphazard, sir.

26 TSN dated July 31, 2012, pp. 5-17.

VOL. 785, MARCH 2, 2016 507

Q: You are immediate neighbors?

508 SUPREME COURT REPORTS ANNOTATED

27 TSN dated May 4, 2012, pp. 12-22.

VOL. 785, MARCH 2, 2016 509

havior were among the symptoms of a relapse, the

State must keep its guard against murderers seeking to

510 SUPREME COURT REPORTS ANNOTATED

In exonerating Verdadero on the ground of insanity, the