Title
Insane Persons Confinement Act
Law
Act No. 2122
Decision Date
Feb 1, 1912
Act No. 2122 in the Philippines allows for the confinement of insane individuals in government hospitals or other institutions, with the appointment of a board of physicians to assess their mental condition and provisions for the care, custody, and treatment of such individuals.
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Q&A (Act No. 2122)

The Director of Health has the authority to inquire into the history and mental condition of insane or alleged insane persons, require information relating to them, make regulations for the sanitary maintenance of buildings housing the insane, and prescribe rules for the safety and welfare of persons under treatment for insanity.

Insane persons can be admitted to any Government hospital or other places for the insane approved by the Secretary of the Interior.

The Director of Health is empowered to make contracts with private institutions or persons for the care, custody, and treatment of insane persons, subject to the approval of the Secretary of the Interior.

The Director of Health must present a petition to the Court of First Instance alleging insanity and requesting commitment to a hospital or place for the insane. The court shall give at least five days' notice of the hearing, order the presence of the person if able, and if the judge finds the person insane and unable to be cared for by relatives, order commitment to a suitable institution.

The Director of Health may confine any person believed to be insane in a government hospital or other place without detriment to the patient's legal status, but must institute court proceedings within a reasonable time for legal determination.

The guardian of the insane person is responsible for expenses from the patient's property; if none or unable to pay, the person legally responsible for care must pay; if unable, expenses may be charged to the municipality or to the Bureau of Health upon Governor-General's order.

The Director of Health may appoint a Board of Insanity, consisting of two or more qualified physicians, when requested by a court or when reasonable doubt exists about a patient's mental condition, to inquire into the patient's condition and submit a written report.

If the Director of Health deems that the patient is temporarily or permanently cured or can be released without danger, he may discharge the patient and notify the Court of First Instance that ordered the commitment.

If insane persons are a menace to others' safety or themselves or require immediate restraint, the municipal president must provide proper custody and immediately report such facts to the Director of Health.

Insanity is defined as a manifestation in language or conduct of disease or defect of the brain, or a more or less permanent diseased or disordered condition of the mentality, characterized by perversion, inhibition, or disordered function of sensory or intellect faculties, or impaired or disordered volition.


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