September 13, 2016

MR. CRISISTOMO H. OGELIO

Pak Ganern Ave., Pushmoe Yhan The St.
Brgy. Bagsakan, Laban City

Re: Legal Opinion on disqualifying alleged BWS victim

Gentlemen:

Upon your request, we render legal opinions on the following queries you sent to us via

email.

1. When is my wife be considered a victim of Battered Woman Syndrome?

2. How can I defend myself against my wife invoking Section 26 of Anti- Violence Against

Women and their Children Act (RA9262)?

Technicalities are set aside; these only cover the BWS in general as inquired by the client. The

following legal opinions are rendered as follows:

1. A battered woman has been 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. 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." 1

According to Dr. Lenore Walker known as the "mother of Battered Woman Syndrome," used
original research to posit theories of victims psychological responses to violence, including
learned helplessness and a three-stage theory of violence called the "cycle theory" of violence,
whose stages consist of tension-building, acute battering, and, most important in answering the
question of "why dont battered women leave?", reconciliation or "loving contrition." Walker
describes a "battered woman" as any woman "18 years of age or older, who is or has been in an
intimate relationship with a man who repeatedly subjects or subjected her to forceful physical
and/or psychological abuse." Cycle Theory - This theory encompasses the time between the
batterer (mans) threat to kill or cause bodily harm to a woman and the defendant (womans) act.
There are three stages:
(1) Tension building phase build up of minor abusive incidents (emotional threats, verbal
outbursts) in which the woman is hyper-vigilant to her spouses cues and changes her behavior
accordingly
(2) Acute battering incident- severe or lethally violent battering incident
(3) Loving contrition- batterer is remorseful and charming and promises never to harm the
woman again. 2