manualSpecial Proceedings

Special Proceedings

Special Proceedings MIS Office Normal JOJO 2 4 2002-01-15T03:06:00Z 2002-01-15T03:06:00Z 1 126 723 Supreme Court of the Philippines 6 1 887 9.2720 110

13. PROCEEDINGS FOR THE HOSPITALIZATION OF INSANE PERSONS

1. Venue

The petition should be filed in the RTC (CFI) of the place where the person alleged to be insane is found. 259

2. Petitioner

The petition is to be filed by the Director of Health when, in his opinion, the commitment to a hospital or other place for the insane is for the public welfare, or the welfare of the alleged insane who in his judgment is truly insane and such person or the one in charge of him is opposed to the commitment. 260

3. The court shall provide for the custody of the property or money of the insane until a guardian is appointed. 261

4. The Director of Health shall file a petition for discharge if the person committed is temporarily or permanently cured, or may be released without danger. 262

5. The Provincial or City Fiscal (Prosecutor) represents the Director of Health in court. 263

259 Rules of Court, Rule 101, Sec. 1.

260 Ibid, Secs. 1 and 3.

261 Ibid, Sec. 3.

262 Ibid, Sec. 4.

263 Ibid, Sec. 5.

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