FACTS:
On Nov. 19, 1998, 6:30 pm at Catbalogan, Samar, Anacito Opuran, herein accused, stabbed Allan Dacles, who was lying on a bench. At 7:45 pm of the same day, Demetrio Patrimonio was walking on the national highway of Catbalogan, Samar. Thereafter, the accused emerged from where he was hiding and stabbed Patrimonio.
ISSUE:
Whether or not accused can use the exempting circumstance of insanity as a defense.
RULING:
No. Insanity must exist immediately before or at the précised moment of the commission of the act. The accused failed to prove that he was insane at the precise moment of commission or immediately before said act. Thus, insanity is not attendant in the case at bar.
