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A Yes, sir. Q Did you actually physical examine the accused? A Yes, sir. Q Now, going to your finding no. 3 where you were the one who attended the patient. What do you mean by abrasion furuncle left axilla? A Abrasion is a skin wound usually when it comes in contact with something rough substance if force is applied. Q What is meant by furuncle axilla? A It is secondary of the light infection over the abrasion. Q What is meant by pain mastitis secondary to trauma? A So, in this 4th episode of physical injuries there is an inflammation of left breast. So, [pain] meaning there is tenderness. When your breast is traumatized, there is tenderness pain. Q So, these are objective physical injuries. Doctor? xxx xxx xxx Q Were you able to talk with the patient? A Yes, sir. Q What did she tell you? A As a doctor-patient relationship, we need to know the cause of these injuries. And she told me that it was done to her by her husband. Q You mean, Ben Genosa? A Yes, sir. xxx xxx xxx ATTY. TABUCANON: Q By the way Doctor, were you able to physical examine the accused sometime in the month of November, 1995 when this incident happened? A As per record, yes. Q What was the date? A It was on November 6, 1995.

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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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