Justifying Circumstances; Battered Woman Syndrome (Criminal Law)

2010 Bar Exam Question and Suggested Answer on Justifying Circumstances, Battered Woman Syndrome (Criminal Law)

QUESTION:

No. XIX. c. Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food on the table,  Jack started hitting Jill only to apologize the following day. A week later, the same episode occurred – Jack came home drunk and started hitting  Jill.

Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to give Jack another chance. After several days, however, Jack again came home drunk.  The following day, he was found dead.

Jill was charged with parricide but raised the defense of "battered woman syndrome."

Would the defense prosper despite the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code? Explain. (2%)

SUGGESTED ANSWER:

Yes, Section 26 of Rep. Act No. 9262 provides that 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.

Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)