To the witness
Q Why, what is that blade about?
A A cutter about 3 inches long.
Q Who used that?
A Ben.
Q He used that on you?
A He scared me on that (sic).
xxx
xxx
xxx
Q But he did not hit you with that?
A Yes, because I managed to run every time he scared (sic).16
There are many things which cannot be proved by direct evidence. One of this is state of mind. In
the case at bar, there is more than sufficient physical evidence presented by the appellant from
which her mental state can be inferred. The prosecution did not object to the presentation of these
physical and testimonial pieces of evidence, namely, the medical records of 23 instances of
domestic violence-related injuries and the testimonies of neighbors, cousins and even the barangay
captain. Indeed, no person would endure 23 reported instances of beatings if she were planning to
kill her spouse in the first place. The majority need not worry that women around the country will
mastermind the killings of their husbands and then use this Decision to bolster their attempts to
employ the BWS defense.
Moreover, as found in the ponencia, appellant should be allowed the mitigating circumstance of
passion and obfuscation. This, at the very least, supports a finding that the acts of violence and
battery committed by the deceased were illegal and unlawful and were committed immediately
before appellant could recover her natural equanimity. But what is the natural equanimity of a
battered woman? Appellant was not a normal married woman. She can never be in a state of natural
equanimity as she was in a constant state of alertness and hypersensitivity to the next phase of
acute battery. The esteemed ponente also correctly found that the appellant acted with diminished
will-power. However, he failed to go further. In the case of People v. Javier,17 it was held:
Since accused-appellant has already admitted to the killing, it is incumbent upon him to prove the
claimed mitigating circumstance of illness. In this case, however, aside from the testimony of the
accused that his mind went blank when he killed his wife due to loss of sleep, no medical finding was
presented regarding his mental condition at the time of the killing. This Court can hardly rely on the
bare allegations of accused-appellant, nor on mere presumptions and conjectures. No clear and
convincing evidence was shown that accused-appellant was suffering an illness which diminished
his exercise of will-power at the time of the killing.18
In the case at bar, appellant was allowed and did in fact present clear and convincing evidence that
she was a battered woman for 13-14 years and that she suffered from the "Battered Woman
Syndrome". Expert testimony was presented and admitted to this effect, such that the ponente ably
discussed the causes and effects of the syndrome. To ignore the testimony and the evidence thus
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