Title

Post traumatic stress disorder as a justifying circumstance (revised)

Date of Publication

2013

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Criminal Law | Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Reynaldo Ros

Defense Panel Chair

James Keith C. Heffron

Defense Panel Member

Michael David Azucena
Camille Ting

Abstract/Summary

Every person who commits a crime that is punishable under the Revised Penal Code of the Philippines shall bear with the consequences that are equivalent to the crime he has committed. Crimes that fall under the Criminal Law of the Philippines have an equivalent punishment that a person who committed such crime against the Philippines should be responsible for. Though at the present times, there are several factors that lead a person in committing a crime due to their mental and emotional illness and one of which is the Post Traumatic Stress Disorder (PTSD).;"Cases on PTSD are now increasing worldwide, it may not be a common defense here in the Philippines yet, but international cases now involve a number of defenses involving PTSD. As defined by a primary source, Post Traumatic Stress Disorder is a kind of mood disorder, an anxiety disorder that develops after a stressful or a harmful event. The person who caused the harmful event either develops it or the person who experienced the harmful event of the person witnessed such harmful event. (Dra. Joanna Pascual) PTSD may effect the way of thinking and the way the person would. So having the attitude of sudden outburst of violence and behavior when being put on a similar situation that had brought him/her stress, it is most likely that these victims are usually linked to criminal behavior.

The criminal system present in the Philippines unjustly punished these victims by not taking in consideration their mental illness. Unlike insanity, PTSD is not really a common mental disease here in the Philippines, so the law does not stress out on this matter and it is not specifically included in the mitigating circumstances listed down in Article 13 of the Revised Penal Code accused tend to argue that they have done such criminal act due to self-defense. Self-defense then may be considered as a justifying circumstance under Article 11 of the Revised Penal Code. Hence this paper, the researcher then aims to amend the Justifying Circumstances and add the Post Traumatic Stress Disorder as a justifying circumstance for as long as all the requisites are present and the evidences are clearly shown.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU18644

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

62 leaves, 28 cm.

Keywords

Justification (Law)--Philippines; Post-traumatic stress disorder

Embargo Period

4-29-2021

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