ARTICLE 11

1.) Ms. A had been married to Mr. B for 10 years. Since their
marriage, Mr. B had been jobless and a drunkard, preferring to stay
with his “barkadas” until the wee hours of the morning. Ms. A was the
breadwinner and attended to the needs of their three (3) growing
children. Many times, when Mr. B was drunk, he would beat Ms. A
and their three (3) children, and shout invectives against them. In
fact, in one of the beating incidents, Ms. A suffered a deep stab
wound on her tummy that required a prolonged stay in the hospital.
Due to the beatings and verbal abuses committed against her, she
consulted a psychologist several times, as she was slowly beginning
to lose her mind. One night, when Mr. B arrived dead drunk, he
suddenly stabbed Ms. A several times while shouting invectives
against her.
Defending herself from the attack, Ms. A grappled for the
possession of a knife and she succeeded. She then stabbed Mr. B
several times which caused his instantaneous death. Medico-Legal
Report showed that the husband suffered three (3) stab wounds.
Can Ms. A validly put up a defense? Explain. (5%)
ANSWER:
Yes, Ms. A can put up the defense of battered woman
syndrome. She is suffering from physical and psychological or
emotional distress resulting from cumulative abuse by her husband.
She even consulted a psychologist several times, as she was slowly
beginning to lose her mind. Under Section 26, RA 9262 of The AntiViolence against
Women and their Children Act, “victim survivors who
are found by the court to be suffering from battered woman syndrome
do not incur any criminal and civil liability notwithstanding the
absence of any of the elements for the justifying circumstance of selfdefense under the
Revised penal Code.”

2.) The husband has for a long time physically and mentally
tortured his wife. After one episode of beating, the wife took the
husband’s gun and shot him dead. Under the circumstances, her act
constitutes
Answer: battered woman syndrome, a complete self-defense.

3.) To save himself from crashing into an unlighted truck

abandoned on the road, Jose swerved his car to the right towards the
graveled shoulder, killing two bystanders. Is he entitled to the
justifying circumstance of state of necessity?

Answer: Yes, since the instinct of self-preservation takes priority in an

Emergency
4.) The accused was shocked to discover his wife and their driver
sleeping in the master’s bedroom. Outraged, the accused got his gun
and killed both. Can the accused claim that he killed the two under
exceptional circumstances?

Answer: No, since the accused did not catch them while having sexual
intercourse.

5.) Standing Trial for frustrated murder, Aramis pleaded self-defense. The prosecutions
contention was that the plea of self-defense applied only to consummated killings. Rule,
with explanations, and on the Prosecution’s contention.
Answer: The prosecution’s contention is not tenable. Shooting the leg of the
victim without killing him may ne a reasonable means to prevent or repeal an
actual or imminent unlawful aggression, hence, self defense is not confined
to consummated killing