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myself, then the feeling I had on that very moment was the same when I was admitted in PHILPHOS Clinic, I was about to vomit. COURT INTERPRETER: (The witness at this juncture is crying intensely). xxx xxx xxx ATTY. TABUCANON: Q Talking of drawer, is this drawer outside your room? A Outside. Q In what part of the house? A Dining. Q Where were the children during that time? A My children were already asleep. Q You mean they were inside the room? A Yes, sir. Q You said that he dropped the blade, for the record will you please describe this blade about 3 inches long, how does it look like? A Three (3) inches long and 1/2 inch wide. Q Is it a flexible blade? A It's a cutter. Q How do you describe the blade, is it sharp both edges? A Yes, because he once used it to me. Q How did he do it? A He wanted to cut my throat. Q With the same blade? A Yes, sir, that was the object used when he intimidate me." 38 In addition, Dra. Natividad Dayan was called by the RTC to testify as an expert witness to assist it in understanding the psyche of a battered person. She had met with Marivic Genosa for five sessions

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People v. Genosa

Jurisprudence

Case number: G.R. No. 135981

Date of decision: Jan 15, 2004

Year of decision: 2004

GBV Case Type

Anti-Violence Against Women and their Children Act of 2004 (VAWC)

Nature of the case: A Married woman who is 8th month pregnant and belongs to the middle-class sector, admitted that she killed her husband, however to avoid criminal liability invokes self-defense and/or defense of her unborn child. In claiming self-defense, the accused-pregnant woman raised the theory of battered woman syndrome. However, the Supreme Court did not heed the affirmative defense raised by the accused but appreciated the same as mitigating circumstances of passion and obfuscation and under paragraphs 9 and 10 of Article 13 of the Revised Penal Code. As a result, she was convicted but considering the 2 mitigating circumstances and no aggravating circumstance, the penalty imposed on her was reduced to 6 years and 1 day of prison mayor as minimum; to 14 years, 8 months and 1 day of reclusion temporal as maximum. Consequently, since she has been detained for more than the minimum penalty imposed on her, the director of BuCor is directed to immediately release the accused from custody upon due determination of her eligibility for parole.

Summary of outcome: The accused is convicted.

However, considering that there are two (2) mitigating circumstance Nos. 9 & 10, Article 13 and No. 6 (Passion and Obfuscation), Article 13 of the Revised Penal Code, the penalty imposed on her was 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. Consequently, since she has been detained for more than the minimum penalty imposed on her, the director of BuCor is directed to immediately release the accused from custody upon due determination of her eligibility for parole.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PANGANIBAN, J.

Long title: PEOPLE OF THE PHILIPPINES, appellee, vs. MARIVIC GENOSA, appellant.

Notes: This is the first case where the Supreme Court acknowledged and fully discussed the "battered-woman syndrome". This is also the first time the said syndrome is appreciated as mitigating circumstance of which will result to reducing the sentence of the accused suffering from the same, as what happened in this case.

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Latitude: 10.926601

Longitude: 124.434657

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People v. Genosa

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