or would come home drunk. She often tried to ignore her husband's attitude or, as testified to by
some witnesses for the prosecution, even shouted back, fought off or even injured her husband
during the tension-building phase, if only to prevent the onset of acute battery.
Appellant was able to perfectly describe the tension-building phase of the cycle immediately prior to
the death of her husband, i.e., when she knew or felt that she was going to be killed by the
deceased. She could not possibly have testified with clarity as to prior tension-building phases in the
cycle as she had never tried to kill her husband before this time.
It was shown by the testimonies of appellant and even witnesses for the prosecution that appellant
would seek shelter in her mother's or her father's house after an acute battering incident, after which
would begin the process of begging for forgiveness, promises of change in behavior and return to
the conjugal home, only for the same cycle to begin all over again.
To require appellant to prove the state of mind of the deceased, as seems to be required in
the ponencia, would mean that no person would ever be able to prove self-defense in a battered
woman case. Appellant could not possibly prove whether the deceased felt provoked into battering
by any act or omission of appellant. She cannot possibly prove that she felt herself to be the sole
support of the deceased's emotional stability and well-being. Nevertheless, appellant felt trapped
and helpless in the relationship as, in the end, she resorted to killing her husband as no one could or
did help her, whether out of fear or insensitivity, during the violent marriage she endured.
The "acute battering incident stage" was well demonstrated by the severe beatings suffered by
Marivic in the hands of the deceased as well as the threats to kill her using a bolo or a cutter.2 The
physical abuses occurred at least 3 times a week in the 11 miserable years of their marriage,3 six
incidents of which were documented by the 1990-1995 medical records of Marivic. They included,
among others, hematoma, contusion, and pain on the breasts; multiple contusions and trauma on
the different parts of her body even during her pregnancy in 1995.4 The tranquil period underwent by
Marivic was shown by the repeated "kiss and make-up" episodes of their relationship. On more than
5 occasions, Marivic ran to her parents' house after violent fights with the deceased only to forgive
the latter every time he would fetch her and promise to change.5
All these recurring phases of cycle of violence, repentance and forgiveness developed a trauma in
the mind of Marivic making her believe that a forthcoming attack from the deceased would cause her
death. This state of mind of Marivic was revealed in her testimony given way back in 1998, before
she was examined by experts on BWS. Unaware of the significance of her declarations, she
candidly narrated how she felt immediately before she killed the deceased, thus ATTY. TABUCANON
Q So you said that he dragged you towards the drawer?
A Yes, sir.
Q What is there in the drawer?
A I was aware that it was a gun.
xxx
xxx
xxx
Q What happened when you were brought to the drawer?
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents