People vs.

Genosa
GR No.135981 : January 15, 2004

FACTS:

Marivic Genosa, the Appellant, attacked and wounded his husband, which ultimately
led to his death. According to the appellant claimed she did not provoke her
husband when she got home that night and it was her husband who began the
provocation. The Appellant after being interviewed by specialists, has been shown
to be suffering from Battered Woman Syndrome.

The appellant with a plea of self defense admitted the killing of her husband, she
was then found guilty of Parricide, with the aggravating circumstance of treachery,
for the husband was attacked while asleep.

ISSUES:

Whether or not appellant herein can validly invoke the battered woman syndrome
as constituting self defense

HELD:

The Court ruled in the negative as appellant failed to prove that she is afflicted with
the battered woman syndrome. Under the proven facts, however, she is not
entitled to complete exoneration because there was no unlawful aggression -- no
immediate and unexpected attack on her by her batterer-husband at the time she
shot him. Absent unlawful aggression, there can be no self-defense, complete or
incomplete.