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victim is stronger, 'it will take more repetitive trauma to precipitate the post-traumatic stress disorder and this x x x is very dangerous.' "In psychiatry, the post-traumatic stress disorder is incorporated under the 'anxiety neurosis or neurologic anxcietism.' It is produced by 'overwhelming brutality, trauma.' xxx xxx xxx "Dr. Pajarillo explained that with 'neurotic anxiety', the victim relives the beating or trauma as if it were real, although she is not actually being beaten at that time. She thinks 'of nothing but the suffering.' xxx xxx xxx "A woman who suffers battery has a tendency to become neurotic, her emotional tone is unstable, and she is irritable and restless. She tends to become hard-headed and persistent. She has higher sensitivity and her 'self-world' is damaged. "Dr. Pajarillo said that an abnormal family background relates to an individual's illness, such as the deprivation of the continuous care and love of the parents. As to the batterer, he normally 'internalizes what is around him within the environment.' And it becomes his own personality. He is very competitive; he is aiming high all the time; he is so macho; he shows his strong façade 'but in it there are doubts in himself and prone to act without thinking.' xxx xxx xxx "Dr. Pajarillo emphasized that 'even though without the presence of the precipator (sic) or the one who administered the battering, that re-experiencing of the trauma occurred (sic) because the individual cannot control it. It will just come up in her mind or in his mind.' xxx xxx xxx "Dr. Pajarillo said that a woman suffering post traumatic stress disorder try to defend themselves, and 'primarily with knives. Usually pointed weapons or any weapon that is available in the immediate surrounding or in a hospital x x x because that abound in the household.' He said a victim resorts to weapons when she has 'reached the lowest rock bottom of her life and there is no other recourse left on her but to act decisively.' xxx xxx xxx "Dr. Pajarillo testified that he met Marivic Genosa in his office in an interview he conducted for two (2) hours and seventeen (17) minutes. He used the psychological evaluation and social case studies as a help in forming his diagnosis. He came out with a Psychiatric Report, dated 22 January 2001. xxx xxx xxx "On cross-examination by the private prosecutor, Dr. Pajarillo said that at the time she killed her husband Marivic'c mental condition was that she was 're-experiencing the trauma.' He said 'that we are trying to explain scientifically that the re-experiencing of the trauma is not controlled by Marivic. It will just come in flashes and probably at that point in time that things

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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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