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People v. Lobino, 375 Phil. 1065, October 28, 1999; People v. Valles, 334 Phil. 763, January 28, 1997. 77 78 I Reyes, The Revised Penal Code, p. 272 (1998). According to Dr. Lenore Walker, batterers commonly "escalate their abusiveness" when their wives are pregnant. 79 80 Id., pp. 17-18. 81 People v. Cabande, 381 Phil. 889, February 8, 2000. 82 People v. Llanes, 381 Phil. 733, February 4, 2000. People v. Albao, 383 Phil. 873, March 2, 2000; People v. Aguilar, 354 Phil. 360, July 10, 1998. 83 84 TSN, August 6, 1998, pp. 26-32. People v. Buluran, 382 Phil. 364, February 15, 2000; People v. Ereño, 383 Phil. 30, February 22, 2000. 85 People v. Cañete, 44 Phil. 478, February 5, 1923; People v. Narvaez, 206 Phil. 314, April 20, 1983. 86 87 People v. Aguilar, supra. 88 "Art. 64. Rules for the application of penalties which contain three periods. xxx xxx xxx "5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances." xxx xxx xxx People v. Narvaez, 206 Phil. 314, April 20, 1983; Guevarra v. Court of Appeals, 187 SCRA 484, July 16, 1990. 89 90 Basan v. People, 61 SCRA 275, November 29, 1974. 91 §5, Indeterminate Sentence Law (Act 4103, as amended). YNARES-SANTIAGO, J.: 1 People v. Genosa, G.R. No. 135981, 29 September 2000, 341 SCRA 493, 498. 2 TSN, August 6, 1998, pp. 22-30; 47-49; 50-51.

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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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