2000

Marvic Genosa was charged with parricide, with intent to kill, with treachery and evident
premeditation, did then and there wilfully, unlawfully and feloniously attack, assault, hit and
wound one BEN GENOSA, her legitimate husband, with the use of a hard deadly weapon,
which the accused had provided herself for the purpose, beaten the husband to death.
Marvic Genosa is claiming that she is undergoing the battered wife syndrome
Whether or not the appellant is liable for the killing of her husband
The basic principle in our criminal law is that a person is criminally liable for a felony
committed by him. Under the classical theory on which our penal code is mainly based, the
basis of criminal liability is human free will. Man is essentially a moral creature with an
absolutely free will to choose between good and evil. When he commits a felonious or
criminal act (delito doloso), the act is presumed to have been done voluntarily, i.e., with
freedom, intelligence and intent. Man, therefore, should be adjudged or held accountable for
wrongful acts so long as free will appears unimpaired.
In the instant case, it is equally important to determine whether Appellant Genosa had acted
freely, intelligently and voluntarily when she killed her spouse.