Practice question
The accused has a history of psychiatric treatment but presently understands the charge and can plead intelligently. Counsel relies only on the diagnostic label and offers no indication of the inability specified by section 11(a). Is the label alone enough to require suspension on that ground?
- Yes, every prior psychiatric consultation is conclusive.
- No; the court must assess the specified functional inability, and order mental examination when the condition described by the Rule appears.
- Yes, the court must dismiss the information permanently.
- Yes, the label automatically proves a merits defense of insanity.
- No; courts are forbidden to order mental examination.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 section 11: grounds and limits of suspension; Rule 111 sections 6–7: qualifying prejudicial question.
- https://lawphil.net/judjuris/juri2018/sep2018/gr_186403_2018.html — Corpus v. Pamular, G.R. 186403, September 5, 2018, main opinion: 60-day limit and arrest-warrant distinction.
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