CASE DIGEST: People v. Genosa, GR No. 135981

Title: People v. Genosa, GR No. 135981

Subject Matter: Applications of the provisions of Art. 11(1) and Art. 14 of the Revised Penal Code

Facts:

Marivic Genosa, the appellant, on November 15, 1995, attacked and wounded his husband which ultimately led to his death. According to the appellant, she did not provoke her husband when she got home that night and it was her husband who began the provocation. The appellant said she was frightened that her husband would hurt her and she wanted to make sure she would deliver her baby safely.

The appellant testified that during her marriage she had tried to leave her husband at least five times, but that Ben would always follow her and they would reconcile. The appellant said that the reason why Ben was violent and abusive towards her that night was because he was crazy about his recent girlfriend, Lulu Rubillos. The appellant, after being interviewed by specialist, 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 found guilty of the crime of parricide, with the aggravating circumstance of treachery, for the husband was attacked while asleep.

Issues:

(1)    Whether or not appellant acted in self-defense.

(2)    Whether or not treachery attended the killing.

Held:

For the first issue, the SC held that the defense failed to establish all the elements of self-defense arising from battered woman syndrome, to wit: (a) 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 intimated partner; (b) 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, and; (c) 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 perpetuated by the former against the latter.

For the second issue, the SC ruled out treachery as an aggravating circumstance because the quarrel or argument that preceded the killing must have forewarned the victim of the assailant’s aggression.

Battered Woman Syndrome

Battered Woman Syndrome

R.A. 9262 or the Anti-Violence Against Women and Their Children Act describes Battered Woman Syndrome (BWS) as a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. This definition is somewhat vague since it is very general in nature, and does not give specific qualifications and conditions in order for a woman to be classified as battered woman. Another definition is based on jurisprudence. In People vs. Marivic Genosa, G.R. No. 135981 January 15, 2004, the Supreme Court defined “battered woman” as a woman “who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights.” More specifically, the Supreme Court qualifies that the couple must go through the battering cycle at least twice in order to be classified as a battered woman. Accordingly, “any woman may find herself in an abusive relationship with a man once. If it occurs for a second time, and that said woman remains in the situation, she is classified as a battered woman.” 

The Supreme Court in the People v. Marivic Genosa held that BWS is “characterized by the so-called ‘cycle of violence,’ which has three phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, non-violent) phase.” In the first phase, minor battering occurs which could be verbal or slight physical abuse or another form of hostile behavior. In the second phase, brutality, destructiveness and, sometimes, death occurs. In the last phase, the couple experience profound relief. In the People v. Torres, 128 Misc2d, 129, 488 NYS2d 358 and McMaugh v. State, 612 A.2d 725 cases which were some of the bases of the People v. Genosa case, “battered women exhibit common personality traits, such as low self-esteem, traditional beliefs about the home, the family and the female sex role; emotional dependence upon the dominant male; the tendency to accept responsibility for the batterer’s actions; and false hopes that the relationship will improve.” 

In the People v. Genosa case, the woman was sentenced to imprisonment of six (6) years and one (1) day to 14 years 8 months and 1 day as maximum because [1] the presence of BWS was not proven; and [2] the SC’s decision was limited with the prevailing provisions of the Revised Penal Code which did not consider BWS as a justifying circumstance that would enable Genosa to claim valid self-defense—as the case was decided several months before the passage of R.A. 9262 into law in March 2004.

The VAWC or R.A. No. 9262 is meritorious in introducing the concept of a Battered Woman Syndrome as a defense on the side of the victim-survivor who has intentionally or unintentionally murdered the abuser. It protects the victim-survivor by extinguishing her criminal and civil liability. On Sec. 26 of R.A. 9262, “victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.” Hence, under R.A. 9262, even if the elements of self-defense are not present, a woman suffering from the said syndrome shall not be criminally and civilly liable. BWS becomes a justifying circumstance that can acquit the accused woman. In effect, this gives a very broad protection for the woman suffering from BWS. However, expert psychiatrists/psychologists must attest with proper examination and documentation that the victim is indeed suffering from Battered Woman Syndrome.

The concept of battered woman only applies to wives or women who are in any form of dating or intimate relationship with men. Despite the interesting development of the concept of BWS in Philippine laws, its application to prevailing circumstances has yet to be observed and tested.