SALIVIO, Yani N./CrimLawReview_Assignment No.

2013

CRIMINAL LAW REVIEW (Assignment No. 3) Judge Pablo C. Formaran III

1. In legal contemplation who is a battered woman?

In the case of People vs. Genosa, a battered woman was defined as a woman "who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights.1 R.A. 9262 ("Anti-Violence Against Women and Their Children Act of 2004") defines "Battered Woman Syndrome" as a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.2 Battery, on the other hand, refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.3 Battered women include wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman." 4 Battered women exhibit common personality traits, such as low selfesteem, traditional beliefs about the home, the family and the female sex role; emotional dependence upon the dominant male; the tendency to accept responsibility for the batterer's actions; and false hopes that the relationship will improve.5 More graphically, the battered woman syndrome is characterized by the so-called "cycle of violence," which has three phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase.6

2. What are the requisites in order that the defense of Battered Woman Syndrome can be successfully invoked?

In any event, the existence of the syndrome in a relationship does not in itself establish the legal right of the woman to kill her abusive partner. Evidence must still be considered in the context of self-defense. 7 The following elements must be duly established in order that Selfdefense arising from Battered Woman Syndrome may be appreciated: First, each of the phases of the cycle of violence must be proven to have characterized at least two battering episodes between the appellant and her intimate partner.

SALIVIO, Yani N./CrimLawReview_Assignment No. 3

2013

Second, the final acute battering episode preceding the killing of the batterer must have produced in the battered person's mind an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save her life. Third, at the time of the killing, the batterer must have posed probable -not necessarily immediate and actual -- grave harm to the accused, based on the history of violence perpetrated by the former against the latter. Taken altogether, these circumstances could satisfy the requisites of selfdefense. 8

3. How will it affect the Criminal Liability of the Accused?

Section 26 of R.A. 9262 provides that victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.9 Furthermore, since self-defense arising from a Battered Woman Syndrome clearly comes within the purview of a Justifying Circumstance, then the woman is said to have acted in accordance with the law, is deemed not to have transgressed the law and is therefore free from criminal and civil liability.10

Foot Notes:
1

People vs. Genosa, G.R. No. 135981, January 15, 2004

Section 3, R.A. 9262 otherwise known as "Anti-Violence Against Women and Their Children Act of 2004"
3

Section 3, Ibid. People vs. Genosa, G.R. No. 135981, January 15, 2004 Ibid. Ibid. Ibid Ibid Ibid

4 5

10

Definition of Justifying Circumstances, Revised Penal Code by Luis Reyes, 2008 Editiion, p. 145