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Motion For Mental Examination

This document is a motion filed in court requesting a mental examination of the accused in a murder case. The public defender observed the accused was not responsive during interviews and acted like a young child. The motion asks the court to order a psychiatric evaluation to determine if the accused is fit to stand trial and their mental state at the time of the alleged incident.

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Lariza Aidie
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2K views2 pages

Motion For Mental Examination

This document is a motion filed in court requesting a mental examination of the accused in a murder case. The public defender observed the accused was not responsive during interviews and acted like a young child. The motion asks the court to order a psychiatric evaluation to determine if the accused is fit to stand trial and their mental state at the time of the alleged incident.

Uploaded by

Lariza Aidie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
  • Motion for the Mental Examination of the Accused

REPUBLIC OF THE PHILIPPINES

Regional Trial Court


12TH JUDICIAL REGION

PEOPLE OF THE CRIMINAL CASE NO.


PHILIPPINES, 2018

Plaintiff, FOR:
-versus- MURDER

FFFF,
Accused.
x--------------------------------x

MOTION FOR THE MENTAL EXAMINATION


OF THE ACCUSED
ACCUSED, through the Public Attorney’s Office,
represented by the undersigned counsel, and unto this
Honorable Court, most respectfully submits the instant
motion, and in support thereof, states:

That the above-entitled case was inherited by the


undersigned public attorney from the previous handling public
attorneys and trial had already commenced;

That it was already the turn of the presentation for the


defense’s evidence and the undersigned went to the Provincial
Jail of Lanao del Norte to confer with the accused;

However, during the interview, the undersigned observed


that the accused is not responsive. Thinking that the accused
was just shy, the undersigned interviewed the accused again
on another date;

After numerous attempts of interviewing the accused, the


undersigned counsel observed that the demeanor of the
accused is not that of a normal person, i.e., he is not
responsive. It is as if the undersigned counsel is asking
questions from a three-year old child;

Though the accused was able to answer simple questions


asked about his name and other personal circumstances,
accused seems to be incapable of understanding the questions
People v. PFFF Page 2 of 2
Motion for Mental Examination

of the undersigned, especially in relation to the alleged


incident subject of this case;

Considering the foregoing, the undersigned deemed it


prudent to defer the presentation of the defense’s evidence and
have the accused mentally evaluated to determine his state of
mind and to be guided whether accused is fit to stand trial
and competent to testify on his defense;

This motion is neither intended to delay the proceedings,


nor to degrade the integrity of this Honorable Court but mainly
for the reasons above-stated.

WHEREFORE, premises considered, it is most


respectfully prayed of this Honorable Court that an order be
issued:

a. DIRECTING the Provincial Jail Warden of the Provincial


Jail of Lanao del Norte to bring the accused to DR. or
any other psychiatrist to undergo a psychiatric or mental
examination in order that the mental state of the
accused be evaluated;

b. DIRECTING the psychiatrist to determine the mental


state of the accused whether he is fit to stand trial and
to determine whether or not the accused was insane at
the time of the alleged incident subject of this case;

c. DIRECTING the psychiatrist to submit a report or


certification indicating therein his findings to this
Honorable Court.

Other reliefs and remedies which are deemed just and


equitable under the premises, are likewise prayed for.

RESPECTFULLY SUBMITTED,

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