GR NO 135981 1/2

Landmark Case: People vs. Genosa, G.R. No. 135981. January 15, 2004 (Digested Case)

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

Case Digest / Digested Case Version

Story: The Battered Woman Syndrome

The wife had suffered maltreatment from her husband for over eight years. She was 8 months pregnant
when, one evening, her husband came home drunk and started to batter her. Shouting that his wife
"might as well be killed so there will be nobody to nag" him, he dragged her towards a drawer where he
kept a gun, but was not able to open the drawer because it was locked. So he got out

present case, however it was not conclusively shown, that the appellant intentionally chose a specific
means of successfully attacking her husband without any risk to herself from any retaliatory act that he
might make. To the contrary, it appears that the thought of using the gun occurred to her only at about
the same moment when she decided to kill her spouse. In the absence of any convincing proof that she
consciously and deliberately employed the method by which she committed the crime in order to
ensure its execution, the doubt should be resolved in her favor.

HELD:

The conviction of Appellant Marivic Genosa for parricide is hereby AFFIRMED. However, there being two
(2) mitigating circumstances and no aggravating circumstance

NO 135981 2/2

CASE DIGEST: People v. Genosa, GR No. 135981

Title: People v. Genosa, GR No. 135981

Subject Matter: Applications of the provisions of Art. 11(1) and Art. 14 of the Revised Penal Code

Facts:

Marivic Genosa, the appellant, on November 15, 1995, attacked and wounded his husband which
ultimately led to his death. According to the appellant, she did not provoke her husband when she got
home that night and it was her husband who began the provocation. The appellant said she was
frightened that her husband would hurt her and she wanted to make sure she would deliver her baby
safely.
The appellant testified that during her marriage she had tried to leave her husband at least five times,
but that Ben would always follow her and they would reconcile. The appellant said that the reason why
Ben was violent and abusive towards her that night was because he was crazy about his

For the first issue, the SC held that the defense failed to establish all the elements of self-defense arising
from battered woman syndrome, to wit: (a) 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 intimated partner;
(b) 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, and; (c) 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 perpetuated by the former