Par. 9.

– Such illness of the offender as would diminish the exercise of the will-power
of the offender without however depriving him of consciousness of his acts.

Requisites:

1. That the illness of the offender must diminish the exercise of his will-power.
2. That such illness should not deprive the offender of consciousness of his acts.

When the offender completely lost the exercise of will-power, it may be an

exempting circumstance.

In case of People vs. Bonoan, Dr. Elias Domingo’s opinion contemplates that
when a person becomes affected either by dementia praecox or by manic depressive
psychosis, during the period of excitment, he has no control whatsoever of his acts.

Dementia praecox/manic depressive psychosis – having mental disease to a

degree that disqualifies them from legal responsibility of their actions and it appears
that the mind is deteriorated. (People vs. Bonoan)

Does this circumstance include illness of the mind?

The provision refers only to diseases of pathological state that trouble the
conscience or will (Albert).

Conscience or will - Motivation deriving logically from ethical or

moral principles that govern a person's thoughts and actions

In the case of People vs. Francisco, it was held that Art. 13, Par. 9 applies to
defendant who committed the crime of parricide while suffering from some illness (of
the body, the mind, the nerves, or the moral faculty).

Illness of the offender considered mitigating:

1. The mistaken belief of the accused that the killing of a witch was for the
public good may be considered a mitigating circumstance for the reason that
those who have obsession that witches are to be eliminated are in the same
condition as one who, attacked with a morbid infirmity but still retaining
consciousness of his acts, does not have real control over his will. (People vs.
Balneg, et al., 79 Phil. 805)
2. Example of illness of the nerves or moral faculty.
“Although she is mentally sane, we, however, are inclined to extend
our sympathy to the appellant because of her misfortunes and weak
character. According to the report she is suffering from a mild
behaviour disorder as a consequence of the illness she had in early life.
We are willing to regard this as a mitigating circumstance under Art.
13, Revised Penal Code.” (People vs. Amit).
3. One who was suffering from acute neurosis which made him ill-tempered and
easily angered is entitled to this mitigating circumstance, because such illness
diminished his exercise of will power. (People vs. Carpenter).
4. The fact that the accused is feebleminded warrants the finding in his favor of
the mitigating circumstance. (People vs. Formigones).

Feebleminded according to Dr. Francisco Gomez he could

distinguished right from wrong. Formigones is suffering some “physical
defect which thus restricts his means of action, defense, or communication
with his fellow beings, or such illness as would diminish the exercise of his
will power.”