PEOPLE v GENOSA | GR 135981 SUMMARY: First case tried that used the battered woman syndrome for acquittal

on grounds of self -defense.

FACTS: Information (11/14/96): against Marivic Genosa charged her with the crime of PARRICIDE committed 'with intent to kill, with treachery and evidence premeditation, willfully, unlawfully and feloniously attack, assault, hit and wound her legitimate husband, with the use of a hard deadly weapon which caused his death. Ben (victim) and Marivic (accused-appellant) married 11/19/1983. Lived with Bens parents initially at Isabel, Leyte, and then moved to Brgy. Bilwang, Isabel, Leyte. Two kids, and at the time of the crime, Marivic is pregnant. Body found 11/18/95, decomposing. Police Report: o Dead for 2 3 days in the bedroom of the couple. o Police reports state Ben was only wearing briefs and was lying on his side wrapped with a bedsheet. o Cadaver of Ben had blood on the nape. o Metal pipe was found on the side of the aparador, its end with red stain. o Bedroom was not in disarray. Prosecution Version: 11/15/95 (Prosec Witness #1): Victim was last seen by Arturo Basobas, who heard the couple arguing and hearing Marivic tell Ben I will not hesitate to kill you. That was the last time Arturo saw the victim alive. He thereafter noticed in the next few days that the house appeared abandoned. 11/16/95: Accused asked Erlinda Paderog to take care of their pig and sell the motorcycle to neighbor. Same time, accussed was seen waiting for a bus to Ormoc with their two kids all three with bags. 11/18/95: Neighbor Steban Matiga broke into the vacated house of the accused and victim due to stench, only to see the decaying cadaver of the victim. Mother of Ben identified his body. Prosec Witness #2: Alex (Bens brother) stated that wen Ben comes home drunk, Marivic will inflict physical injuries on him. He saw accused holding a knife after Ben shouted for help. Prosec Witness #3: Illuminada (Bens mother) Three incidences: Marivic stabbed Ben with table knife Marivic struck Ben on the forehed Witness noticed Bens hand was plastered. Prosec Witness #4: Arturo Bosabas: The couples quarreling was heard outside their house. And reiterated what was mentioned as what he heard. Marivic testified that Ben became cruel to her and a habitual drinker. He provoked her before. Defense version: Witness who were not closely related to either Marivic or Ben attested to the fact that Marivic was being abused by victim. Joe Barrientos, a fisherman, testified that on the night of the crime, he saw Ben having a chokehold on accused. Another fisherman, Junne Barrientos, testified that he heard the accused shouting and affirmed prior witness' testimony. (same night) A former neighbor, Teodoro Sarabia, attested to victim's womanizing, gambling, and pawning of conjugal items to fund it. Physician Dr. Caing attested that accused had multiple treatments from him and other doctors. Evidence provided was the outpatient chart. Said injuries were tension headache and hypertention on 23 occassions and 6 incidents of physical injuries. Accused Marivic stated that she did not provoke her husband that night because she was scared that her husband would hurt her and she wanted to make sure that she would deliver her baby safely. Accused stated she tried to leave her husband five times but Ben would always follow her and they will always reconcile. Marivic insisted she shot Ben with a gun and that he died in the bedroom, that he hit Ben once, that she was wounded by Ben on her wrist with the bolo and that two horus after, she was whirled and kicked and dragged towards the drawer. Marivic stated she left for Manila, rented a house, never bothered anyone, and simply wanted to deliver her baby safely. Autopsy by Dra. Cerillo states there is only one Accused wrote a letter to Chief Justice for plea to enter new evidence for "battered woman syndrome". Evidence was psychological assessment by expert. Psyche assessment done by Dra. Dayan, 20yrs clinical psychologist, professor of UP, Ateneo, and former resident of Psychological Association of the Philippines, first time to testify as expert witness. Findings: o There are a lot of reasons why a battered woman does not leave her husband. o Abused wives react differently to the violence.

That on her opinion, Marivic fits the profile of a battered woman because inspite of her feeling of self-confidence, there are really feeling of loss, humiliation, and seeing one's self as a damaged and broken person. Imprints of abuses from the past. o That Marivic saw herself as a loving wife and did not even consider filing for nullity or legal separation. That Marivic saw herself as a victim during the time of the crime. Another expert witness concurred with findings, Dr. Pajarillo. No rebuttal of evidence by prosecutor.

ISSSUE: Whether or not being a battered woman can be used as an alibi for the defense of self-defense? RULING: Petition partly meritorious. RATIO: Manner of death of victim: immaterial since accused already admitted to killing her husband. Trial court cannot be faulted for their prior ruling because accused-appellant only raised issues of the "battered woman syndrome" upon review of this court. Self-defense and Defense of a fetus: In criminal cases, self-defense shifts the burden of proof from the prosecution to defense. Battered woman syndrome - woman who is repeatedly subjected to any forceful physical or psychological beheavior by a man in order to coerce her to do something without concern for her rights. If it happens more than once, then she is defined as a battered woman.