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presented is to make impossible the proof of mental state. Evidence as to the mental state need not be also "beyond reasonable doubt." Verily, the requirement of threatening behavioral pattern of the batterer in previous violent episodes was sufficiently satisfied in the present case. This, juxtaposed to Marivic's affliction with BWS justified the killing of the deceased. The danger posed or created in her mind by the latter's threats using bladed weapons, bred a state of fear, where under the circumstances, the natural response of the battered woman would be to defend herself even at the cost of taking the life of the batterer. The ponencia's acknowledgement of "Battered Woman Syndrome" as a valid form of self-defense, is a noble recognition of the plight of, and a triumph for battered women who are trapped in a culture of silence, shame, and fear. This would however be an empty victory if we deliberately close our eyes to the antecedents of this case. The facts are simple. Marivic was suffering from the "Battered Woman Syndrome" and was defending herself when she killed her husband. Her acquittal of the charge of parricide is therefore in order. IN VIEW WHEREOF, I vote to ACQUIT Marivic Genosa. Footnotes 1 Penned by Judge Fortunito L. Madrona. 2 Assailed Decision, p. 17; rollo, p. 43. 3 Signed by Provincial Prosecutor I Rosario D. Beleta. 4 Rollo, p. 9. Atty. Joventino Isidro. The accused was also represented later by Atty. Gil Marvel P. Tabucanon. 5 6 Records, p. 65. Appellee's Brief, pp. 5-13; rollo, pp. 435-443. Signed by Solicitor General Alfredo L. Benipayo, Assistant Solicitor General Karl B. Miranda, and Solicitor Ma. Ana C. Rivera. 7 8 Spelled as "Basobas" in some parts of the record. Appellant's Brief, pp. 10-71; rollo, pp. 284-345; signed by Atty. Katrina Legarda. Citations omitted. 9 Qualifying her expertise, Dra. Dayan stated that she had been a practising clinical psychologist for over twenty (20) years. Currently, she is a professor at the De La Salle University. Prior thereto, she was the head of the Psychology Department of the Assumption College; a member of the faculty of Psychology of the Ateneo de Manila University and St. Joseph's College; and the counseling psychologist of the National Defense College. She obtained her bachelor's degree in psychology from the University of the Philippines (UP), her Master of Arts in Clinical Counseling from Ateneo, and her Ph.D. also from UP. She is the 10

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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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Longitude: 124.434657

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People v. Genosa

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