People vs Genosa

PEOPLE OF THE PHILIPPINES VS. MARIVIC GENOSA

G.R. No. 135981. September 29, 2000

Facts: On or about the 15th day of November 1995, at Barangay Bilwang, Municipality of Isabel,
province of Leyte, accused Marivic Genosa, with intent to kill, with treachery and evident
premeditation, did then and there willfully, unlawfully and feloniously attack, assault, hit and
wound BEN GENOSA, her legitimate husband, with the use of a hard deadly weapon, which the
accused had provided herself for the purpose, inflicting several wounds which caused his death.
The lower court found the accused, Marivic Genosa y Isidro, GUILTY beyond reasonable doubt
of the crime of parricide and sentenced the accused with the penalty of DEATH.
On appeal, the appellant alleged that despite the evidence on record of repeated and severe
beatings she had suffered at the hands of her husband, the lower court failed to appreciate her
self-defense theory. She claimed that under the surrounding circumstances, her act of killing her
husband was equivalent to self-defense.
Issue: Whether or not the battered woman syndrome as a viable plea within the concept of self-
defense is applicable in this case.
Held: No. The court, however, is not discounting the possibility of self-defense arising from the
battered woman syndrome. We now sum up our main points. 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. Second, the final acute battering episode preceding the
killing of the batterer must have produced in the battered persons 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 probablenot
necessarily immediate and actualgrave 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 self-defense. Under the existing facts of the present case, however, not all of
these elements were duly established.


Daubert vs merrel


Waldroup


Abdulmalek bayout