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Proceedings For THE Hospitalization of The Insane: RULE 101

This document outlines the procedures for committing an insane person to a hospital in the Philippines. It states that the director of health files a petition with the regional trial court where the insane person is found. If the director believes commitment is for public welfare or the welfare of the person, and the person or their guardian opposes commitment, the court will hold a hearing. If the petition facts are established, the court can order commitment to the hospital recommended by the director of health, and provide custody of the person's property until a guardian is appointed. A committed person can be discharged if the director believes they are cured or can be released without danger.

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30 views

Proceedings For THE Hospitalization of The Insane: RULE 101

This document outlines the procedures for committing an insane person to a hospital in the Philippines. It states that the director of health files a petition with the regional trial court where the insane person is found. If the director believes commitment is for public welfare or the welfare of the person, and the person or their guardian opposes commitment, the court will hold a hearing. If the petition facts are established, the court can order commitment to the hospital recommended by the director of health, and provide custody of the person's property until a guardian is appointed. A committed person can be discharged if the director believes they are cured or can be released without danger.

Uploaded by

Kring de Vera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as RTF, PDF, TXT or read online on Scribd
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RULE 101

PROCEEDINGS FOR
THE
HOSPITALIZATION OF
THE INSANE
By : Dominic Rodrigo g recinto

Section 1: Venue; Petition


for Commitment
Venue: RTC of province where
the person alleged to be
insane is found.
Who files a petition for
commitment of an insane
person?

The Director of Health with


the assistance of the city or
provincial fiscal.

Requisites:

Director of Health is of the


opinion that the
commitment of the person
alleged to be insane is for
public welfare of for the
welfare of said person.
Such person or the one
having charge of his is
opposed to his being taken
to a hospital or asylum.

Procedure for the


commitment of the
insane upon filing of
the petition:

The court shall set the


petition for hearing.
Notice thereof shall be given
to the person alleged to be
insane, and to the one
having charge of him, or his
relatives residing in the
province or city as the court
may deem proper;
The court shall order the
sheriff to produce the
alleged insane, if possible,
on the date of the hearing;

Procedure continued

(d) If the facts alleged in the

petition are satisfactorily


established, the court shall
order his commitment to such
hospital or other place for the
insane as the Director of
Health may recommend.
(e) The court shall make

proper provision for the


custody of property or money
belonging to the insane until a
guardian is properly
appointed.

When may a person


committed to a
hospital be
discharged?

When, in the opinion of the


Director of Health, the person
ordered to be committed to a
hospital or other place for the
insane is temporarily or
permanently cured, or may be
released without danger he
may file the proper petition
with the RTC which ordered
the commitment.

Thank you..

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