12.

BATTERED WOMAN SYNDROME

PEOPLE V. GENOSA
GR NO. 135981
January 15, 2004

Appellee: People of the Philippines

Appellant: Marivic Genosa
Ponente: Panganiban, J.

Facts:
● This case was filed in the RTC of Ormoc City alleging the appellant and accused Marivic
Genosa of killing her husband thus constituting to parricide.
● The prosecution presented that the accused and the deceased were married in 1983. In
the night of November 15, 1995, the deceased husband of the accused was gambling
and drinking using his salary. The accused went out for the entire night looking for him.
When the husband arrived, he was drunk and provoked the accused to fight. However,
she did not mind him as she was attending to her children who were making their
assignments. The husband left the house again to do more drinking and gambling. The
accused packed the husband’s bag while he was away which led to the anger of the
husband. The fiasco started as corroborated by the husband’s friend who happens to be
across the street from their house waiting for his bet. He heard that both were shouting
and quarreling. They argued that he was killed in his sleep by the accused and the same
fled which aggravated the crime, basing the facts from the post-mortem findings.
● The prosecution entered into witnesses the close relatives of the deceased. They
testified that the accused was the one who hurt the deceased and has repeatedly
inflicted injuries to the deceased.
● The defense argued that on the night of November 15, 1995, the spouses were indeed
quarreling due to the unruly behavior of the drunk husband. The deceased husband
attempted to hurt her by dragging her towards a drawer where a gun was stored. To no
avail he failed to get the gun since he had no key. So, he opted to hurt her with a blade.
In defense, the accused wife smashed the hand of the husband that made him drop the
blade. The accused then had the chance to defend herself by smashing the drawer that
contained the knife. Thus, killing her husband with it. She escaped then from their town
trying to save her life and the life of her children and fetus. Her reason was in order for
her to have a safe delivery of the baby even if it requires leaving the lifeless body of the
husband she killed.
● Also, the defense presented witnesses such as the niece of the accused who was asked
by the accused to sleep in their house for, she was afraid that the husband might hurt
her, the doctors who examined her when she had bruises and hypertension due to the
stress from the beatings, and the neighbors who frequently heard them arguing.
● The RTC ruled for reclusion perpetua to death due to parricide with treachery against the
accused.
● The appellant accused alleged errors in the decision of the RTC which elevated the case
in the Supreme Court.
 ● An instant review of the case was raised in the Supreme Court. In this instance, the
supreme court invited experts in forensics, psychology, and psychiatry to examine the
body of the deceased, evaluate the mentality of the accused at the time of the incident,
and examine the over-all situation of the accused that led to parricide.
● Dr. Dayan, an expert in psychiatric field, testified that the accused was not lying during
her examination. This was confirmed by a psychiatric tool to evaluate a person lying or
not. The accused passed the honesty test. She also found out that the accused is
exhibiting signs of Battered Woman Syndrome which she explained the 3 phases of this
condition. The three phases of BWS are, to wit: (1) the tension-building phase, where
minor battering in the form of verbal or slight physical abuse occurs. Here, the woman
tries to pacify the batterer through a show of kind, nurturing behavior; or by simply
staying out of his way; (2) the acute battering incident phase, which is characterized by
brutality, destructiveness and sometimes, death. The battered woman usually realizes
that she cannot reason with him, and that resistance would only exacerbate her
condition; and (3) the tranquil period, where the couple experience a compound relief
and the batterer may show a tender and nurturing behavior towards his partner.
● The court also heard the findings of Dr. Pajarillo, expert on domestic violence, that the
accused has Post Traumatic Stress Disorder or PTSD from the beatings of her
deceased husband. This did not only threaten her physically but so much so in her
emotional and mental aspect.

Issues:

Whether or not the appeal is meritorious; (PARTLY)

Whether or not the appellant acted in self-defense and in defense of her fetus; and (YES)

Whether or not treachery attended the killing of Ben Genosa. (NO)

Ruling:

(1) Yes. The appeal was meritorious since the errors in the ruling of the RTC were factual in
nature. However, it does not show that the trial judge was abusive in his discretion, nor
did he misapplied material facts which are of weight and substance that could affect the
outcome of this case.
(2) No. Given that the accused is pregnant, all that was inside her head was fear of dying as
presented in the tragic circumstance that she was in on the night of Nov 15, 1995. In
sum, the cyclical nature and the severity of the violence inflicted upon appellant resulted
in "cumulative provocation which broke down her psychological resistance and natural
self-control," "psychological paralysis," and "difficulty in concentrating or impairment of
memory." The fact that he had further threatened to kill her while dragging her by the
neck towards a cabinet in which he had kept a gun. It should also be recalled that she
was eight months pregnant at the time. The attempt on her life was likewise on that of
her fetus.
(3) No. There is no showing of the victim's position relative to appellant's at the time of the
shooting. Besides, equally axiomatic is the rule that when a killing is preceded by an
argument or a quarrel, treachery cannot be appreciated as a qualifying circumstance,
 because the deceased may be said to have been forewarned and to have anticipated
aggression from the assailant.

However, the defense failed to elicit from appellant herself her factual experiences and thoughts
that would clearly and fully demonstrate the essential characteristics of the syndrome.

Held:

The court does not discount the possibility of self-defense under the Battered Woman
Syndrome. First, each of the phases of the cycle of violence must be proven to have
characterized at least two battering episodes between the appellant and her intimate
partner. Second, the final acute battering episode preceding the killing of the batterer must have
produced in the battered person's mind an actual fear of an imminent harm from her batterer
and an honest belief that she needed to use force in order to save her life. Third, at the time of
the killing, the batterer must have posed probable -- not necessarily immediate and actual --
grave harm to the accused, based on the history of violence perpetrated by the former against
the latter. Taken altogether, these circumstances could satisfy the requisites of self-defense.
Under the existing facts of the present case, however, not all of these elements were duly
established.

WHEREFORE, the conviction of Appellant Marivic Genosa for parricide is hereby AFFIRMED.
However, there being two (2) mitigating circumstances and no aggravating circumstance
attending her commission of the offense, her penalty is REDUCED to six (6) years and one (1)
day of prision mayor as minimum; to 14 years, 8 months and 1 day of reclusion temporal as
maximum.
Inasmuch as appellant has been detained for more than the minimum penalty hereby imposed
upon her, the director of the Bureau of Corrections may immediately RELEASE her from
custody upon due determination that she is eligible for parole, unless she is being held for some
other lawful cause. Costs de oficio.