A He dragged me towards the drawer and he was about to open the drawer but he could not
open it because he did not have the key. [T]hen he pulled his wallet which contained a blade
about 3 inches long and I was aware that he was going to kill me and I smashed his arm and
then the wallet and the blade fell. The one he used to open the drawer I saw, it was a pipe
about that long, and when he was about to pick-up the wallet and the blade, I smashed him
then I ran to the room, and on that very moment everything on my mind was pity on 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.
xxx
xxx
xxx6
Q What else happened?
A When I was in the room, I felt the same thing like what happened before I was admitted in
PHILPHOS Clinic, I was about to vomit. I know my blood pressure has raised. I was
frightened I was about to die because of my blood pressure.
xxx
xxx
xxx
A Considering all the physical sufferings that I've been through him, I took pity on myself and
I felt I was about to die also because of my blood pressure and the baby, so I got the gun
and shot him.7
It must be stressed that the defense of "Battered Woman Syndrome" was not raised by Marivic
before the lower court but only here on automatic review. This makes the foregoing testimony more
worthy of great weight and credence considering that the same could not have been cunningly given
to suit or conform to the profile of a battered woman.
Moreover, there was indeed basis for Marivic to fear death because of her medical history. Dr. Dino
Caing testified that he treated Marivic for hypertension due to domestically related emotional stress
on 23 separate occasions. The latest one was on November 6, 1995 when she suffered from severe
hypertension and had a blood pressure of 180/120 on the 8th month of her pregnancy.8
Furthermore, Dr. Natividad A. Dayan, a clinical psychologist and an expert on BWS who examined
Marivic, assessed the effects of the repeated violence on the latter as follows:
A What I remember ... was it was more than ten years that she was suffering from emotional
anguish. There were a lot of instance of abuses, ... emotional abuse...verbal abuse and...
physical abuse. The husband had very meager income, she was the one who was practically
the bread earner of the family. The husband was involved in a lot of vices, going out
with barkadas, drinking, even womanizing, being involved in cockfighting and in going home
very angry which... triggered a lot of physical abuse. She also had the experience of taunting
from the husband for the reason that the husband even accused her of infidelity, the
husband was saying that the child she was carrying was not his own. So she was very angry,
she was at the same time very depressed because she .. .[felt] almost like living in purgatory
or even in hell when it was happening day in and day out.
xxx
xxx
xxx
Q And what was it that triggered ... that tragedy in your opinion?
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