People vs. Genosa, G.R. No. 135981. January 15, 2004 Case Digest / Digested Case Version A Landmark Landmark Case decided decided by the Supreme Court of the Philippines 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 a cutter from his wallet, but dropped it. She was able to hit his arm with a pipe and escape into another room. The wife, thinking of all the suffering that her husband had been inflicting on her, and thinking that he might really kill her and her unborn child, distorted the drawer and got the gun. She shot her husband, who was by then asleep on the bed. She was tried and convicted for parricide, which is punishable by reclusion perpetua ! years and # day to $ years% to death. &n appeal, she alleged "battered woman syndrome" as a form of self'defense.
FACTS That That Marivi Marivic c Genosa Genosa,, the Appel Appellan lantt on the 15Nov 15Novemb ember1 er1995 995,, attac attaced ed and !o"nde !o"nded d his h"sband, !hich "ltimatel# led to his death$ According to the appellant she did not provoe her h"sband !hen she got home that night it !as her h"sband !ho began the provocation$ The Appellant said she !as %rightened that her h"sband !o"ld h"rt her and she !anted to mae s"re she !o"ld deliver her bab# sa%el#$ &n %act, The Appelant had to be admitted later at the 'i(al Medical Centre as she !as s"%%ering %rom eclampsia and h#pertension, and the bab# !as born premat"rel# on December 1, 1995$ The Appellant testi%ied that d"ring her marriage she had tried to leave her h"sband at least %ive )5* times, b"t that +en !o"ld al!a#s %ollo! her and the# !o"ld reconcile$ The Apellant said that the reason !h# +en !as violent and ab"sive to!ards her that night !as beca"se he !as cra(# abo"t his recent girl%riend, -"l" '"billos$ The Appellant a%ter being intervie!ed b# specialists, has been sho!n to be s"%%ering %rom +attered .oman #ndrome$ The appellant !ith a plea o% sel% de%ense admitted the illing o% her h"sband, she !as then %o"nd g"ilt# o% 0arricide, !ith the aggravating circ"mstance o% treacher#, %or the h"sband !as attaced !hile asleep$
!SS"#S 1. Whethe Whetherr or not appell appellant ant herein herein can validl validly y invoke invoke the “batte “battered red woman woman syndro syndrome” me” as constituting self defense.
2. Whether or not treachery attended the killing of Ben Genosa. Can Marivic Genosa e !rante" t#e Justi$yin! circu%stance o$ Se&$'"e$ense, an" can s#e e #e&" &ia&e $or t#e a!!ravatin! circu%stance o$ treac#ery( $o, ince sel% de%ense since the e2istence o% +attered !oman s#ndrome, !hich the appellant has been sho!n to be s"%%ering in the relationship does not in itself establish the legal right of the woman to kill her abusive partner. (vidence must still be considered in the conte)t of self'defense. &n the presen presentt case, case, ho!ever ho!ever,, according according to the testimo testimon# n# o% the appell appellant ant there there !as a
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s"%%icient time interval bet!een the "nla!%"l aggression o% the h"sband and her %atal attac "pon him$ he had alread# been able to !ithdra! %rom his violent behavior and escape to their childrens bedroom$ D"ring that time, he apparentl# ceased his attac and !ent to bed$ The realit# or even the imminence o% the danger he posed had ended altogether$ *e altogether$ *e was no longer in a position that presented an actual threat on her life or safety.
%ithout continuous a&&ression there can be no self'defense. And absence of a&&ression does not (arrant complete or incomplete self'defense. $o, There is treacher# !hen one commits an# o% the crimes against persons b# emplo#ing means, methods or %orms in the e2ec"tion thereo% !itho"t ris to onesel% arising %rom the de%ense that the o%%ended part# might mae$ The circ"mstances circ"mstances m"st be sho!n as ind"bitabl# as the illing illing itsel%3 the# cannot be ded"ced %rom mere in%erences, or con4ect"res, !hich have no place in the appreciation o% evidence$ +esides, e"all# a2iomatic is the rule that when a killing is preceded by an argument or a +uarrel, treachery cannot be appreciated as a +ualifying circumstance, because the deceased may be said to have been forewarned and to have anticipated aggression from the assailant. n the 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 contrar#, it appears that the tho"ght o% "sing the g"n occ"rred to her onl# at abo"t the same moment !hen she decided to ill her spo"se$ &n the absenc absence e o% an# convin convincin cing g proo% proo% that that she consci conscio"s o"sl# l# and deliber deliberate atel# l# emplo# emplo#ed ed the method b# !hich she committed the crime in order to ens"re its e2ec"tion, the do"bt sho"ld be resolved in her %avor$
)#L* The conviction o% Appellant Marivic Genosa %or parricide is hereb# A66&'M7D$ 8o!ever, there being being t!o )* mitiga mitigating ting circ"ms circ"mstan tances ces and no aggrav aggravati ating ng circ"m circ"msta stance nce attend attending ing her commission o% the o%%ense, her penalt# is '7D:C7D to si2 );* #ears and one )1* da# o% prision ma#or as minim"m3 to 1< #ears, = months and 1 da# o% recl"sion temporal as ma2im"m$
A**#$*"+ %hen %h en
can can
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-at -atte tere red d
%oman oman
Synd Syndro rome me
as
self self
defe defens nse e
be
appr apprec ecia iate ted/ d/
Where Where the brutal brutali-e i-ed d person person is alread already y suffer suffering ing from from BWS, BWS, furthe furtherr eviden evidence ce of actual actual physical assault at the time of the killing is not re+uired. &ncidents o% domestic batter# "s"all# have a predictable pattern$ To re"ire the battered person to a!ait an obvio"s, deadl# attac be%ore she can de%end her li%e >!o"ld amo"nt to sentencing her to m"rder b# installment$ till, impending danger )based on the cond"ct o% the victim in previo"s battering episodes* prio priorr to the the de%e de%end ndant ants s "se "se o% dead deadl# l# %orc %orce e m"st m"st be sho! sho!n$ n$ Threatening Threatening behavior behavior or communication can satisfy the re+uired imminence of danger. onsidering such circumstances and the e)istence of BWS, self'defense may be appreciated.
NOT! "fter "fter this case was decided by the #upreme $ourt% &.". '()(% otherwise known a s "nti* +iolence "gainst "gainst Women and their $hildren "ct of (,,- was enacted. #ec. () of said law provides that ///. +ictim*survivors who are found by the co urts to be suffering from battered women syndrome do not incur any criminal and civil liability nothwithstanding the absence of any of the elements for 0ustifying circumstances of self*defense under the &evised enal $ode.///
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N 2"N$
[G.R. No. 135981. January 15, 2004]
PEOPLE OF THE PHILIPPINE, appellee, vs. !"RI#I$ GENO", appellant . %E$IION P"NG"NI&"N, J .' .' "dmitting she killed her husband% husband% appellant appellant anchors her prayer for ac3uittal ac3uittal on a novel theory ** the battered woman syndrome 42W#5% which allegedly constitutes self* defense. 6nder the proven facts% however% she is not entitled to complete e/oneration because there was no unlawful aggression ** no immediate and une/pected attack on her by her batterer*husband at the time she shot him. "bsent unlawful unlawful aggression% aggression% there there can be no self*defens self*defense% e% complete or incomplete. incomplete. 2ut all is not lost. The severe beatings repeatedly inflicted on appellant constituted a form of cumulative provocation that broke down her psychological resistance and self* control. This psychological paralysis she suffered diminished her will power% thereby entitling her to the mitigating factor under paragraphs ' and 1, of "rticle 17 of the &evised enal $ode. 8n addition% appellant should also be credited with the e/tenuating circumstance of having acted upon an impulse so powerful as to have naturally produced passion and obfuscation. The acute battering she suffered that fatal night in the hands of her batterer* spous spouse% e% in spite spite of the the fact fact that that she she was was eight eight month months s pregn pregnan antt with with their their child child%% overwh overwhelm elmed ed her her and and put put her her in the afores aforesaid aid emotio emotiona nall and and mental mental state state%% which which overcame her reason and impelled her to vindicate her life and her unborn childs. $onsidering the presence of these two mitigating circumstances arising from 2W#% as well as the benefits of the 8ndeterminate #entence 9aw% she may now apply for and be released from custody on parole% because she has already served the minimum period of her penalty while under detention during the pendency of this case.
T() $a*) :or automatic review before this $ourt is the #eptember (;% 1''< =ecision >1? of the &egional Trial $ourt 4&T$5 of Ormoc $ity 42ranch 7;5 in $riminal $ase No. ;,1)*,% finding @arivic Aenosa guilty beyond reasonable doubt of parricide. The decretal portion of the =ecision reads! WB&: WB&:O& O&%% after after all the foreg foregoin oing g being being duly duly consid considere ered% d% the the $ourt $ourt finds finds the accused% @arivic Aenosa y 8sidro% A689TC beyond reasonable doubt of the crime of arricide as provided under "rticle (-) of the &evised enal $ode as restored by #ec. ;% &" No. D);'% and after finding treachery as a generic aggravating circumstance and none of mitigating circumstance% hereby sentences the accused with the penalty of ="TB. The $ourt likewise penaliEes the accused to pay the heirs of the deceased the sum of fifty thousand pesos 4;,%,,,.,,5% hilippine currency as indemnity and another sum of fifty thousand pesos 4;,%,,,.,,5% hilippine currency as moral damages. >(? The 8nformation >7? charged appellant with parricide as follows!
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That on or about the 1; th day of November 1'';% at 2arangay 2ilwang% @unicipality of 8sabel% rovince of 9eyte% hilippines and within the 0urisdiction of this Bonorable $ourt% the above*named accused% with intent to kill% with treachery and evident premeditation% did then and there wilfully% unlawfully and feloniously attack% assault% hit and wound one 2N ANO#"% her legitimate husband% with the use of a hard deadly weapon% which the accused had provided herself for the purpose% >causing? the following wounds% to wit! $adaveric spasm. 2ody on the ( nd stage of decomposition. :ace% black% blownup F swollen wG evident post*mortem lividity. yes protruding from its sockets and tongue slightly protrudes out of the mouth. :racture% open% depressed% circular located at the occipital bone of the head% resulting >in? laceration of the brain% spontaneous rupture of the blood vessels on the posterior surface of the brain% laceration of the dura and meningeal vessels producing severe intracranial hemorrhage. 2listers at both e/trem>i?ties% anterior chest% posterior chest% trunk wG shedding of the epidermis. "bdomen distended wG gas. Trunk bloated. which caused his death. >-? With the assistance of her counsel% >;? appellant pleaded not guilty during her arraignment on @arch 7% 1''D. >)? 8n due course% she was tried for and convicted of parricide.
T() Fa+*
Version of the Prosecution The Office of the #olicitor Aeneral 4O#A5 summariEes the prosecutions version of the facts in this wise! "ppellant and 2en Aenosa were united in marriage on November 1'% 1'<7 in Ormoc $ity. Thereafter% they lived with the parents of 2en in their house at 8sabel% 9eyte. :or a time% 2ens younger brother% "le/% and his wife lived with them too. #ometime in 1'';% however% appellant and 2en rented from #teban @atiga a house at 2arangay 2ilwang% 8sabel% 9eyte where they lived with their two children% namely! Hohn @arben and arl ierre. On November 1;% 1'';% 2en and "rturo 2asobas went to a cockfight after receiving their salary. They each had two 4(5 bottles of beer before heading home. "rturo would pass 2ens house before reaching his. When they arrived at the house of 2en% he found out that appellant had gone to 8sabel% 9eyte to look for him. 2en went inside his house% while "rturo went to a store across it% waiting until '!,, in the evening for the masiao runner to place a bet. "rturo did not see appellant arrive but on his way home passing the side of the Aenosas rented house% he heard her say 8 wont hesitate to kill you to which 2en replied Why kill me when 8 am innocentI That was the last time "rturo saw 2en alive. "rturo also noticed that since then% the Aenosas rented house appeared uninhabited and was always closed. On November 1)% 1'';% appellant asked rlinda aderog% her close friend and neighbor living about fifty 4;,5 meters from her house% to look after her pig because she was going
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to $ebu for a pregnancy check*up. "ppellant likewise asked rlinda to sell her motorcycle to their neighbor &onnie =ayandayan who unfortunately had no money to buy it. That same day% about 1(!1; in the afternoon% Hoseph +alida was waiting for a bus going to Ormoc when he saw appellant going out of their house with her two kids in tow% each one carrying a bag% locking the gate and taking her children to the waiting area where he was. Hoseph lived about fifty 4;,5 meters behind the Aenosas rented house. Hoseph% appellant and her children rode the same bus to Ormoc. They had no conversation as Hoseph noticed that appellant did not want to talk to him. On November 1<% 1'';% the neighbors of #teban @atiga told him about the foul odor emanating from his house being rented by 2en and appellant. #teban went there to find out the cause of the stench but the house was locked from the inside. #ince he did not have a duplicate key with him% #teban destroyed the gate padlock with a borrowed steel saw. Be was able to get inside through the kitchen door but only after destroying a window to reach a hook that locked it. "lone% #teban went inside the unlocked bedroom where the offensive smell was coming from. There% he saw the lifeless body of 2en lying on his side on the bed covered with a blanket. Be was only in his briefs with in0uries at the back of his head. #eeing this% #teban went out of the house and sent word to the mother of 2en about his sons misfortune. 9ater that day% 8luminada Aenosa% the mother of 2en% identified the dead body as that of >her? son. @eanwhile% in the morning of the same day% #O7 9eo "codesin% then assigned at the police station at 8sabel% 9eyte% received a report regarding the foul smell at the Aenosas rented house. Together with #O1 @illares% #O1 $olon% and =r. &efelina $erillo% #O7 "codesin proceeded to the house and went inside the bedroom where they found the dead body of 2en lying on his side wrapped with a bedsheet. There was blood at the nape of 2en who only had his briefs on. #O7 "codesin found in one corner at the side of an aparador a metal pipe about two 4(5 meters from where 2en was% leaning against a wall. The metal pipe measured three 475 feet and si/ 4)5 inches long with a diameter of one and half 41 1G(5 inches. 8t had an open end without a stop valve with a red stain at one end. The bedroom was not in disarray. "bout 1,!,, that same morning% the cadaver of 2en% because of its stench% had to be taken outside at the back of the house before the postmortem e/amination was conducted by =r. $erillo in the presence of the police. " municipal health officer at 8sabel% 9eyte responsible for medico*legal cases% =r. $erillo found that 2en had been dead for two to three days and his body was already decomposing. The postmortem e/amination of =r. $erillo yielded the findings 3uoted in the 8nformation for parricide later filed against appellant. #he concluded that the cause of 2ens death was cardiopulmonary arrest secondary to severe intracranial hemorrhage due to a depressed fracture of the occipital >bone?. "--)an a/)/ n &)n. #he testified that going home after work on November 1;% 1'';% she got worried that her husband who was not home yet might have gone gambling since it was a payday. With her cousin cel "rao% appellant went to look for 2en at the marketplace and taverns at 8sabel% 9eyte but did not find him there. They found 2en drunk upon their return at the Aenosas house. cel went home despite appellants re3uest for her to sleep in their house. Then% 2en purportedly nagged appellant for following him% even challenging her to a fight. #he allegedly ignored him and instead attended to their children who were doing their homework. "pparently disappointed with her reaction% 2en switched off the light and% with the use of a chopping knife% cut the television antenna or wire to keep her from watching television. "ccording to appellant% 2en was about to attack her so she ran to the bedroom% but he got hold of her hands and whirled her around. #he fell on the side of the bed and screamed for help. 2en left. "t this point% appellant packed his clothes because she wanted him to leave. #eeing his packed clothes upon his return home% 2en allegedly flew into a rage% dragged appellant outside of the bedroom towards a drawer
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holding her by the neck% and told her Cou might as well be killed so nobody would nag me. "ppellant testified that she was aware that there was a gun inside the drawer but since 2en did not have the key to it% he got a three*inch long blade cutter from his wallet. #he however% smashed the arm of 2en with a pipe% causing him to drop the blade and his wallet. "ppellant then smashed 2en at his nape with the pipe as he was about to pick up the blade and his wallet. #he thereafter ran inside the bedroom. "ppellant% however% insisted that she ended the life of her husband by shooting him. #he supposedly distorted the drawer where the gun was and shot 2en. Be did not die on the spot% though% but in the bedroom .>D? 4$itations omitted5
Version of the Defense "ppellant relates her version of the facts in this manner! 1. @arivic and 2en Aenosa were allegedly married on November 1'% 1'<7. rior to her marriage% @arivic had graduated from #an $arlos% $ebu $ity% obtaining a degree of 2achelor of #cience in 2usiness "dministration% and was working% at the time of her husbands death% as a #ecretary to the ort @anagers in Ormoc $ity. The couple had three 475 children! Hohn @arben% arl ierre and @arie 2ianca. (. @arivic and 2en had known each other since elementary schoolJ they were neighbors in 2ilwangJ they were classmatesJ and they were third degree cousins. 2oth sets of parents were against their relationship% but 2en was persistent and tried to stop other suitors from courting her. Their closeness developed as he was her constant partner at fiestas. 7. "fter their marriage% they lived first in the home of 2ens parents% together with 2ens brother% "le/% in 8sabel% 9eyte. 8n the first year of marriage% @arivic and 2en lived happily. 2ut apparently% soon thereafter% the couple would 3uarrel often and their fights would become violent. -. 2ens brother% "le/% testified for the prosecution that he could not remember when 2en and @arivic married. Be said that when 2en and @arivic 3uarreled% generally when 2en would come home drunk% @arivic would inflict in0uries on him. Be said that in one incident in 1''7 he saw @arivic holding a kitchen knife after 2en had shouted for help as his left hand was covered with blood. @arivic left the house but after a week% she returned apparently having asked for 2ens forgiveness. 8n another incident in @ay ((% 1''-% early morning% "le/ and his father apparently rushed to 2ens aid again and saw blood from 2ens forehead and @arivic holding an empty bottle. 2en and @arivic reconciled after @arivic had apparently again asked for 2ens forgiveness. @rs. 8luminada Aenosa% @arivics mother*in*law% testified too% saying that 2en and @arivic married in 1'<) or 1'<; more or less here in :atima% Ormoc $ity. #he said as the marriage went along% @arivic became already very demanding. @rs. 8luminada Aenosa said that after the birth of @arivics two sons% there were three 475 misunderstandings. The first was when @arivic stabbed 2en with a table knife through his left armJ the second incident was on November 1;% 1''-% when @arivic struck 2en on the forehead using a sharp instrument until the eye was also affected. 8t was wounded and also the ear and her husband went to 2en to helpJ and the third incident was in 1''; when the couple had already transferred to the house in 2ilwang and she saw that 2ens hand was plastered as the bone cracked. 2oth mother and son claimed they brought 2en to a asar clinic for medical intervention. ;. "rturo 2asobas% a co*worker of 2en% testified that on November 1;% 1''; "fter we collected our salary% we went to the cock*fighting place of 8#$O. They stayed there for three 475 hours% after which they went to 6niloks and drank beer allegedly only two 4(5
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bottles each. "fter drinking they bought barbe3ue and went to the Aenosa residence. @arivic was not there. Be stayed a while talking with 2en% after which he went across the road to wait for the runner and the usher of the masiao game because during that time% the hearing on masiao numbers was rampant. 8 was waiting for the ushers and runners so that 8 can place my bet. On his way home at about '!,, in the evening% he heard the Aenosas arguing. They were 3uarreling loudly. Outside their house was one :redo who is used by 2en to feed his fighting cocks. 2asobas testimony on the root of the 3uarrel% conveniently overheard by him was @arivic saying 8 will never hesitate to kill you% whilst 2en replied Why kill me when 8 am innocent. 2asobas thought they were 0oking. Be did not hear them 3uarreling while he was across the road from the Aenosa residence. 2asobas admitted that he and 2en were always at the cockpits every #aturday and #unday. Be claims that he once told 2en before when he was stricken with a bottle by @arivic Aenosa that he should leave her and that 2en would always take her back after she would leave him so many times. 2asobas could not remember when @arivic had hit 2en% but it was a long time that they had been 3uarreling. Be said 2en even had a wound on the right forehead. Be had known the couple for only one 415 year. ). @arivic testified that after the first year of marriage% 2en became cruel to her and was a habitual drinker. #he said he provoked her% he would slap her% sometimes he would pin her down on the bed% and sometimes beat her. These incidents happened several times and she would often run home to her parents% but 2en would follow her and seek her out% promising to change and would ask for her forgiveness. #he said after she would be beaten% she would seek medical help from =r. =ino $aing% =r. 9ucero and =ra. $erillo. These doctors would enter the in0uries inflicted upon her by 2en into their reports. @arivic said 2en would beat her or 3uarrel with her every time he was drunk% at least three times a week. D. 8n her defense% witnesses who were not so closely related to @arivic% testified as to the abuse and violence she received at the hands of 2en. D.1. @r. Hoe 2arrientos% a fisherman% who was a >neighbor? of the Aenosas% testified that on November 1;% 1'';% he overheard a 3uarrel between 2en and @arivic. @arivic was shouting for help and through the open 0alousies% he saw the spouses grappling with each other. 2en had @arivic in a choke hold. Be did not do anything% but had come voluntarily to testify. 4 Please note this was the same night as that testified to by Arturo Busabos.>r?self and enter the room of the children. "fter that% he went back to work as he was to go fishing that evening. Be returned at
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wife and 8 would see bruises and one time she ran to me% 8 noticed a wound 4the witness pointed to his right breast5 as according to her a knife was stricken to her. @r. #arabia also said that once he saw 2en had been in0ured too. Be said he voluntarily testified only that morning. D.-. @iss cel "rano% an 1<*year old student% who is a cousin of @arivic% testified that in the afternoon of November 1;% 1'';% @arivic went to her house and asked her help to look for 2en. They searched in the market place% several taverns and some other places% but could not find him. #he accompanied @arivic home. @arivic wanted her to sleep with her in the Aenosa house because she might be battered by her husband. When they got to the Aenosa house at about D!,, in the evening% @iss "rano said that her husband was already there and was drunk. @iss "rano knew he was drunk because of his staggering walking and 8 can also detect his face. @arivic entered the house and she heard them 3uarrel noisily. 4"gain% please note that this is the same night as that testified to by "rturo 2asobas5 @iss "rano testified that this was not the first time @arivic had asked her to sleep in the house as @arivic would be afraid every time her husband would come home drunk. "t one time when she did sleep over% she was awakened at 1,!,, in the evening when 2en arrived because the couple were very noisy in the sala and 8 had heard something was broken like a vase. #he said @arivic ran into her room and they locked the door. When 2en couldnt get in he got a chair and a knife and showed us the knife through the window grill and he scared us. #he said that @arivic shouted for help% but no one came. On cross*e/amination% she said that when she left @arivics house on November 1;% 1'';% the couple were still 3uarreling. D.;. =r. =ino $aing% a physician testified that he and @arivic were co*employees at B89BO#% 8sabel% 9eyte. @arivic was his patient many times and had also received treatment from other doctors. =r. $aing testified that from Huly )% 1'<' until November '% 1'';% there were si/ 4)5 episodes of physical in0uries inflicted upon @arivic. These in0uries were reported in his Out*atient $hart at the B89BO# Bospital. The prosecution admitted the 3ualifications of =r. $aing and considered him an e/pert witness. /////// // =r. $aings clinical history of the tension headache and hypertention of @arivic on twenty*three 4(75 separate occasions was marked at /hibits ( and (*2. The O= $hart of @arivic at the hilphos $linic which reflected all the consultations made by @arivic and the si/ 4)5 incidents of physical in0uries reported was marked as /hibit 7. On cross*e/amination% =r. $aing said that he is not a psychiatrist% he could not say whether the in0uries were directly related to the crime committed. Be said it is only a psychiatrist who is 3ualified to e/amine the psychological make*up of the patient% whether she is capable of committing a crime or not. D.) @r. anfilo Tero% the barangay captain in the place where the Aenosas resided% testified that about two 4(5 months before 2en died% @arivic went to his office past
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@arivic testified that during her marriage she had tried to leave her husband at least five 4;5 times% but that 2en would always follow her and they would reconcile. @arivic said that the reason why 2en was violent and abusive towards her that night was because he was craEy about his recent girlfriend% 9ulu / / / &ubillos. On cross*e/amination% @arivic insisted she shot 2en with a gunJ she said that he died in the bedroomJ that their 3uarrels could be heard by anyone passing their houseJ that 2asobas lied in his testimonyJ that she left for @anila the ne/t day% November 1)% 1'';J that she did not bother anyone in @anila% rented herself a room% and got herself a 0ob as a field researcher under the alias @arvelous 8sidroJ she did not tell anyone that she was leaving 9eyte% she 0ust wanted to have a safe delivery of her babyJ and that she was arrested in #an ablo% 9aguna. "nswering 3uestions from the $ourt% @arivic said that she threw the gun awayJ that she did not know what happened to the pipe she used to smash him onceJ that she was wounded by 2en on her wrist with the boloJ and that two 4(5 hours after she was whirled by 2en% he kicked her ass and dragged her towards the drawer when he saw that she had packed his things. '. The body of 2en Aenosa was found on November 1<% 1''; after an investigation was made of the foul odor emitting from the Aenosa residence. This fact was testified to by all the prosecution witnesses and some defense witnesses during the trial. 1,. =ra. &efelina C. $erillo% a physician% was the @unicipal Bealth Officer of 8sabel% 9eyte at the time of the incident% and among her responsibilities as such was to take charge of all medico*legal cases% such as the e/amination of cadavers and the autopsy of cadavers. =ra. $erillo is not a forensic pathologist. #he merely took the medical board e/ams and passed in 1'<). #he was called by the police to go to the Aenosa residence and when she got there% she saw some police officer and neighbor around. #he saw 2en Aenosa% covered by a blanket% lying in a semi*prone position with his back to the door. Be was wearing only a brief. /////// // =ra. $erillo said that there is only one in0ury and that is the in0ury involving the skeletal area of the head which she described as a fracture. "nd that based on her e/amination% 2en had been dead ( or 7 days. =ra. $erillo did not testify as to what caused his death. =ra. $erillo was not cross*e/amined by defense counsel. 11. The 8nformation% dated November 1-% 1'')% filed against @arivic Aenosa charged her with the crime of "&&8$8= committed with intent to kill% with treachery and evidence premeditation% / / / wilfully% unlawfully and feloniously attack% assault% hit and wound / / / her legitimate husband% with the use of a hard deadly weapon / / / which caused his death. 1(. Trial took place on D and 1- "pril 1''D% 1- @ay 1''D% (1 Huly 1''D% 1D% (( and (7 #eptember 1''D% 1( November 1''D% 1; and 1) =ecember 1''D% (( @ay 1''<% and ; and ) "ugust 1''<. 17. On (7 #eptember 1''<% or only fifty 4;,5 days from the day of the last trial date% the Bon. :ortunito 9. @adrona% residing Hudge% &T$*2ranch 7;% Ormoc $ity% rendered a H6=A@NT finding @arivic guilty beyond reasonable doubt of the crime of parricide% and further found treachery as an aggravating circumstance% thus sentencing her to the ultimate penalty of ="TB. 1-. The case was elevated to this Bonorable $ourt upon automatic review and% under date of (- Hanuary (,,,% @arivics trial lawyer% "tty. Ail @arvel . Tabucanon% filed a @otion to Withdraw as counsel% attaching thereto% as a precautionary measure% two 4(5
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drafts of "ppellants 2riefs he had prepared for @arivic which% for reasons of her own% were not conformed to by her. The Bonorable $ourt allowed the withdrawal of "tty. Tabucanon and permitted the entry of appearance of undersigned counsel. 1;. Without the knowledge of counsel% @arivic Aenosa wrote a letter dated (, Hanuary (,,,% to the $hief Hustice% coursing the same through "tty. Teresita A. =imaisip% =eputy $lerk of $ourt of $hief Hudicial &ecords Office% wherein she submitted her 2rief without counsels to the $ourt. This letter was stamp*received by the Bonorable $ourt on - :ebruary (,,,. 1). 8n the meantime% under date of 1D :ebruary (,,,% and stamp*received by the Bonorable $ourt on 1' :ebruary (,,,% undersigned counsel filed an 6&ANT O@N826# @OT8ON praying that the Bonorable $ourt allow the e/humation of 2en Aenosa and the re*e/amination of the cause of his deathJ allow the e/amination of @arivic Aenosa by 3ualified psychologists and psychiatrists to determine her state of mind at the time she killed her husbandJ and finally% to allow a partial re*opening of the case a quo to take the testimony of said psychologists and psychiatrists. "ttached to the 6&ANT O@N826# @OT8ON was a letter of =r. &a3uel :ortun% then the only 3ualified forensic pathologist in the country% who opined that the description of the death wound 4as culled from the post*mortem findings% /hibit "5 is more akin to a gunshot wound than a beating with a lead pipe. 1D. 8n a &#O96T8ON dated (' #eptember (,,,% the Bonorable $ourt partly granted @arivics 6&ANT O@N826# @OT8ON and remanded the case to the trial court for the reception of e/pert psychological andGor psychiatric opinion on the battered woman syndrome plea% within ninety 4',5 days from notice% and% thereafter to forthwith report to this $ourt the proceedings taken% together with the copies of the T#N and relevant documentary evidence% if any% submitted. 1<. On 1; Hanuary (,,1% =ra. Natividad ". =ayan appeared and testified before the Bon. :ortunito 9. @adrona% &T$*2ranch 7;% Ormoc $ity. 8mmediately before =ra. =ayan was sworn% the $ourt a quo asked if she had interviewed @arivic Aenosa. =ra. =ayan informed the $ourt that interviews were done at the enal 8nstitution in 1'''% but that the clinical interviews and psychological assessment were done at her clinic. =ra. =ayan testified that she has been a clinical psychologist for twenty 4(,5 years with her own private clinic and connected presently to the =e 9a #alle 6niversity as a professor. 2efore this% she was the Bead of the sychology =epartment of the "ssumption $ollegeJ a member of the faculty of sychology at the "teneo de @anila 6niversity and #t. Hosephs $ollegeJ and was the counseling psychologist of the National =efense $ollege. #he has an "2 in sychology from the 6niversity of the hilippines% a @aster of "rts in $linical >$ounseling?% sychology from the "teneo% and a h= from the 6.. #he was the past president of the sychological "ssociation of the hilippines and is a member of the "merican sychological "ssociation. #he is the secretary of the 8nternational $ouncil of sychologists from about )< countriesJ a member of the :orensic sychology "ssociationJ and a member of the "#"N >$ounseling? "ssociation. #he is actively involved with the hilippine Hudicial "cademy% recently lecturing on the socio*demographic and psychological profile of families involved in domestic violence and nullity cases. #he was with the =avide $ommission doing research about @ilitary sychology. #he has written a book entitled nergy Alobal sychology 4together with =rs. "llan Tan and "llan 2ernardo5. The Aenosa case is the first time she has testified as an e/pert on battered women as this is the first case of that nature.
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=ra. =ayan testified that for the research she conducted% on the socio*demographic and psychological profile of families involved in domestic violence% and nullity cases% she looked at about ;,, cases over a period of ten 41,5 years and discovered that there are lots of variables that cause all of this marital conflicts% from domestic violence to infidelity% to psychiatric disorder. =ra. =ayan described domestic violence to comprise of a lot of incidents of psychological abuse% verbal abuse% and emotional abuse to physical abuse and also se/ual abuse. /////// // =ra. =ayan testified that in her studies% the battered woman usually has a very low opinion of herself. #he has a self*defeating and self*sacrificing characteristics. / / / they usually think very lowly of themselves and so when the violence would happen% they usually think that they provoke it% that they were the one who precipitated the violence% they provoke their spouse to be physically% verbally and even se/ually abusive to them. =ra. =ayan said that usually a battered / / / comes from a dysfunctional family or from broken homes. =ra. =ayan said that the batterer% 0ust like the battered woman% also has a very low opinion of himself. 2ut then emerges to have superiority comple/ and it comes out as being very arrogant% very hostile% very aggressive and very angry. They also had 4sic5 a very low tolerance for frustrations. " lot of times they are involved in vices like gambling% drinking and drugs. "nd they become violent. The batterer also usually comes from a dysfunctional family which over*pampers them and makes them feel entitled to do anything. "lso% they see often how their parents abused each other so there is a lot of modeling of aggression in the family. =ra. =ayan testified that there are a lot of reasons why a battered woman does not leave her husband! poverty% self*blame and guilt that she provoked the violence% the cycle itself which makes her hope her husband will change% the belief in her obligations to keep the family intact at all costs for the sake of the children. /////// // =ra. =ayan said that abused wives react differently to the violence! some leave the house% or lock themselves in another room% or sometimes try to fight back triggering physical violence on both of them. #he said that in a normal marital relationship% abuses also happen% but these are not consistent% not chronic% are not happening day in >and? day out. 8n an abnormal marital relationship% the abuse occurs day in and day out% is long lasting and even would cause hospitaliEation on the victim and even death on the victim. /////// // =ra. =ayan said that as a result of the battery of psychological tests she administered% it was her opinion that @arivic fits the profile of a battered woman because inspite of her feeling of self*confidence which we can see at times there are really feeling 4sic5 of loss% such feelings of humiliation which she sees herself as damaged and as a broken person. "nd at the same time she still has the imprint of all the abuses that she had e/perienced in the past. /////// // =ra. =ayan said @arivic thought of herself as a loving wife and did not even consider filing for nullity or legal separation inspite of the abuses. 8t was at the time of the tragedy that @arivic then thought of herself as a victim. /////// //
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1'. On ' :ebruary (,,1% =r. "lfredo a0arillo% a physician% who has since passed away% appeared and testified before &T$*2ranch 7;% Ormoc $ity. =r. a0arillo was a =iplomate of the hilippine 2oard of sychiatryJ a :ellow of the hilippine 2oard of sychiatry and a :ellow of the hilippine sychiatry "ssociation. Be was in the practice of psychiatry for thirty*eight 47<5 years. rior to being in private practice% he was connected with the +eterans @emorial @edical $entre where he gained his training on psychiatry and neurology. "fter that% he was called to active duty in the "rmed :orces of the hilippines% assigned to the +. 9una @edical $enter for twenty si/ 4()5 years. rior to his retirement from government service% he obtained the rank of 2rigadier Aeneral. Be obtained his medical degree from the 6niversity of #anto Tomas. Be was also a member of the World "ssociation of @ilitary #urgeonsJ the KueEon $ity @edical #ocietyJ the $agayan @edical #ocietyJ and the hilippine "ssociation of @ilitary #urgeons. Be authored The $omparative "nalysis of Nervous 2reakdown in the hilippine @ilitary "cademy from the eriod 1';- 1'D< which was presented twice in international congresses. Be also authored The @ental Bealth of the "rmed :orces of the hilippines (,,,% which was likewise published internationally and locally. Be had a medical te/tbook published on the use of rasepam on a arke*=avis grantJ was the first to use nanthate 4si3uiline5% on an .&. #3uibb grantJ and he published the use of the drug Lopiclom in 1'<;*<). =r. a0arillo e/plained that psychiatry deals with the functional disorder of the mind and neurology deals with the ailment of the brain and spinal cord enlarged. sychology% on the other hand% is a bachelor degree and a doctorate degreeJ while one has to finish medicine to become a specialist in psychiatry. ven only in his Dth year as a resident in +. 9una @edical $entre% =r. a0arillo had already encountered a suit involving violent family relations% and testified in a case in 1')-. 8n the "rmed :orces of the hilippines% violent family disputes abound% and he has seen probably ten to twenty thousand cases. 8n those days% the primordial intention of therapy was reconciliation. "s a result of his e/perience with domestic violence cases% he became a consultant of the 2attered Woman Office in KueEon $ity under "tty. Nenita =eproEa. "s such consultant% he had seen around forty 4-,5 cases of severe domestic violence% where there is physical abuse! such as slapping% pushing% verbal abuse% battering and bo/ing a woman even to an unconscious state such that the woman is sometimes confined. The affliction of ost*Traumatic #tress =isorder depends on the vulnerability of the victim. =r. a0arillo said that if the victim is not very healthy% perhaps one episode of violence may induce the disorderJ if the psychological stamina and physiologic constitutional stamina of the victim is stronger% it will take more repetitive trauma to precipitate the post*traumatic stress disorder and this / / / is very dangerous. 8n psychiatry% the post*traumatic stress disorder is incorporated under the an/iety neurosis or neurologic an/cietism. 8t is produced by overwhelming brutality% trauma. ///////// =r. a0arillo e/plained that with neurotic an/iety% the victim relives the beating or trauma as if it were real% although she is not actually being beaten at that time. #he thinks of nothing but the suffering. ///////// " woman who suffers battery has a tendency to become neurotic% her emotional tone is unstable% and she is irritable and restless. #he tends to become hard*headed and persistent. #he has higher sensitivity and her self*world is damaged.
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=r. a0arillo said that an abnormal family background relates to an individuals illness% such as the deprivation of the continuous care and love of the parents. "s to the batterer% he normally internaliEes what is around him within the environment. "nd it becomes his own personality. Be is very competitiveJ he is aiming high all the timeJ he is so machoJ he shows his strong faade but in it there are doubts in himself and prone to act without thinking. ///////// =r. a0arillo emphasiEed that even though without the presence of the precipator 4sic5 or the one who administered the battering% that re*e/periencing of the trauma occurred 4sic5 because the individual cannot control it. 8t will 0ust come up in her mind or in his mind. ///////// =r. a0arillo said that a woman suffering post traumatic stress disorder try to defend themselves% and primarily with knives. 6sually pointed weapons or any weapon that is available in the immediate surrounding or in a hospital / / / because that abound in the household. Be said a victim resorts to weapons when she has reached the lowest rock bottom of her life and there is no other recourse left on her but to act decisively. ///////// =r. a0arillo testified that he met @arivic Aenosa in his office in an interview he conducted for two 4(5 hours and seventeen 41D5 minutes. Be used the psychological evaluation and social case studies as a help in forming his diagnosis. Be came out with a sychiatric &eport% dated (( Hanuary (,,1. ///////// On cross*e/amination by the private prosecutor% =r. a0arillo said that at the time she killed her husband @arivicc mental condition was that she was re*e/periencing the trauma. Be said that we are trying to e/plain scientifically that the re*e/periencing of the trauma is not controlled by @arivic. 8t will 0ust come in flashes and probably at that point in time that things happened when the re*e/periencing of the trauma flashed in her mind. "t the time he interviewed @arivic she was more subdued% she was not super alert anymore / / / she is mentally stress 4sic5 because of the predicament she is involved. ///////// (,. No rebuttal evidence or testimony was presented by either the private or the public prosecutor. Thus% in accord with the &esolution of this Bonorable $ourt% the records of the partially re*opened trial aquo were elevated. >'?
Run o () Tra $our :inding the proffered theory of self*defense untenable% the &T$ gave credence to the prosecution evidence that appellant had killed the deceased while he was in bed sleeping. :urther% the trial court appreciated the generic aggravating circumstance of treachery% because 2en Aenosa was supposedly defenseless when he was killed ** lying in bed asleep when @arivic smashed him with a pipe at the back of his head. The capital penalty having been imposed% the case was elevated to this $ourt for automatic review.
Supervening Circumstances
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On :ebruary 1'% (,,,% appellant filed an 6rgent Omnibus @otion praying that this $ourt allow 415 the e/humation of 2en Aenosa and the ree/amination of the cause of his deathJ 4(5 the e/amination of appellant by 3ualified psychologists and psychiatrists to determine her state of mind at the time she had killed her spouseJ and 475 the inclusion of the said e/perts reports in the records of the case for purposes of the automatic review or% in the alternative% a partial reopening of the case for the lower court to admit the e/perts testimonies. On #eptember ('% (,,,% this $ourt issued a &esolution granting in part appellants @otion% remanding the case to the trial court for the reception of e/pert psychological andGor psychiatric opinion on the battered woman syndrome pleaJ and re3uiring the lower court to report thereafter to this $ourt the proceedings taken as well as to submit copies of the T#N and additional evidence% if any. "cting on the $ourts &esolution% the trial 0udge authoriEed the e/amination of @arivic by two clinical psychologists% =rs. Natividad =ayan >1,? and "lfredo a0arillo% >11? supposedly e/perts on domestic violence. Their testimonies% along with their documentary evidence% were then presented to and admitted by the lower court before finally being submitted to this $ourt to form part of the records of the case. >1(?
T() I**u)* "ppellant assigns the following alleged errors of the trial court for this $ourts consideration! 1. The trial court gravely erred in promulgating an obviously hasty decision without reflecting on the evidence adduced as to self*defense. (. The trial court gravely erred in finding as a fact that 2en and @arivic Aenosa were legally married and that she was therefore liable for parricide. 7. The trial court gravely erred finding the cause of death to be by beating with a pipe. -. The trial court gravely erred in ignoring and disregarding evidence adduced from impartial and unbiased witnesses that 2en Aenosa was a drunk% a gambler% a womaniEer and wife*beaterJ and further gravely erred in concluding that 2en Aenosa was a battered husband. ;. The trial court gravely erred in not re3uiring testimony from the children of @arivic Aenosa. ). The trial court gravely erred in concluding that @arivics flight to @anila and her subse3uent apologies were indicia of guilt% instead of a clear attempt to save the life of her unborn child. D. The trial court gravely erred in concluding that there was an aggravating circumstance of treachery. <. The trial court gravely erred in refusing to re*evaluate the traditional elements in determining the e/istence of self*defense and defense of foetus in this case% thereby erroneously convicting @arivic Aenosa of the crime of parricide and condemning her to the ultimate penalty of death. >17? 8n the main% the following are the essential legal issues! 415 whether appellant acted in self*defense and in defense of her fetusJ and 4(5 whether treachery attended the killing of 2en Aenosa.
T() $our* Run
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The appeal is partly meritorious.
$oa)ra Fa+ua I**u)* The first si/ assigned errors raised by appellant are factual in nature% if not collateral to the resolution of the principal issues. "s consistently held by this $ourt% the findings of the trial court on the credibility of witnesses and their testimonies are entitled to a high degree of respect and will not be disturbed on appeal in the absence of any showing that the trial 0udge gravely abused his discretion or overlooked% misunderstood or misapplied material facts or circumstances of weight and substance that could affect the outcome of the case. >1-? 8n appellants first si/ assigned items% we find no grave abuse of discretion% reversible error or misappreciation of material facts that would reverse or modify the trial courts disposition of the case. 8n any event% we will now briefly dispose of these alleged errors of the trial court. First % we do not agree that the lower court promulgated an obviously hasty decision without reflecting on the evidence adduced as to self*defense. We note that in his 1D* page =ecision% Hudge :ortunito 9. @adrona summariEed the testimonies of both the prosecution and the defense witnesses and ** on the basis of those and of the documentary evidence on record ** made his evaluation% findings and conclusions. Be wrote a 7*page discourse assessing the testimony and the self*defense theory of the accused. While she% or even this $ourt% may not agree with the trial 0udges conclusions% we cannot peremptorily conclude% absent substantial evidence% that he failed to reflect on the evidence presented. Neither do we find the appealed =ecision to have been made in an obviously hasty manner. The 8nformation had been filed with the lower court on November 1-% 1''). Thereafter% trial began and at least 17 hearings were held for over a year. 8t took the trial 0udge about two months from the conclusion of trial to promulgate his 0udgment. That he conducted the trial and resolved the case with dispatch should not be taken against him% much less used to condemn him for being unduly hasty. 8f at all% the dispatch with which he handled the case should be lauded. 8n any case% we find his actions in substantial compliance with his constitutional obligation. >1;? Second % the lower court did not err in finding as a fact that 2en Aenosa and appellant had been legally married% despite the non*presentation of their marriage contract. 8n People v. Malabago, >1)? this $ourt held! The key element in parricide is the relationship of the offender with the victim. 8n the case of parricide of a spouse% the best proof of the relationship between the accused and the deceased is the marriage certificate. 8n the absence of a marriage certificate% however% oral evidence of the fact of marriage may be considered by the trial court if such proof is not ob0ected to. Two of the prosecution witnesses ** namely% the mother and the brother of appellants deceased spouse ** attested in court that 2en had been married to @arivic. >1D? The defense raised no ob0ection to these testimonies. @oreover% during her direct e/amination% appellant herself made a 0udicial admission of her marriage to 2en. >11'? Other than merely attacking the non*presentation of the marriage contract% the defense offered no proof that the admission made by appellant in court as to the fact of her marriage to the deceased was made through a palpable mistake. hird % under the circumstances of this case% the specific or direct cause of 2ens death ** whether by a gunshot or by beating with a pipe ** has no legal conse3uence. "s the $ourt elucidated in its #eptember ('% (,,, &esolution% >c?onsidering that the appellant has admitted the fact of killing her husband and the acts of hitting his nape with
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a metal pipe and of shooting him at the back of his head% the $ourt believes that e/humation is unnecessary% if not immaterial% to determine which of said acts actually caused the victims death. =etermining which of these admitted acts caused the death is not dispositive of the guilt or defense of appellant. Fourth% we cannot fault the trial court for not fully appreciating evidence that 2en was a drunk% gambler% womaniEer and wife*beater. 6ntil this case came to us for automatic review% appellant had not raised the novel defense of battered woman syndrome% for which such evidence may have been relevant. Ber theory of self*defense was then the crucial issue before the trial court. "s will be discussed shortly% the legal re3uisites of self*defense under prevailing 0urisprudence ostensibly appear inconsistent with the surrounding facts that led to the death of the victim. Bence% his personal character% especially his past behavior% did not constitute vital evidence at the time. Fifth% the trial court surely committed no error in not re3uiring testimony from appellants children. "s correctly elucidated by the solicitor general% all criminal actions are prosecuted under the direction and control of the public prosecutor% in whom lies the discretion to determine which witnesses and evidence are necessary to present. >(,? "s the former further points out% neither the trial court nor the prosecution prevented appellant from presenting her children as witnesses. Thus% she cannot now fault the lower court for not re3uiring them to testify. Finally % merely collateral or corroborative is the matter of whether the flight of @arivic to @anila and her subse3uent apologies to her brother*in*law are indicia of her guilt or are attempts to save the life of her unborn child. "ny reversible error as to the trial courts appreciation of these circumstances has little bearing on the final resolution of the case. Fr* L)a I**u)' Self-Defense and Defense of a Fetus "ppellant admits killing 2en Aenosa but% to avoid criminal liability% invokes self* defense andGor defense of her unborn child. When the accused admits killing the victim% it is incumbent upon her to prove any claimed 0ustifying circumstance by clear and convincing evidence. >(1? Well*settled is the rule that in criminal cases% self*defense 4and similarly% defense of a stranger or third person5 shifts the burden of proof from the prosecution to the defense. >((?
The Battered oman S!ndrome 8n claiming self*defense% appellant raises the novel theory of the battered woman syndrome. While new in hilippine 0urisprudence% the concept has been recogniEed in foreign 0urisdictions as a form of self*defense or% at the least% incomplete self*defense. >(7? 2y appreciating evidence that a victim or defendant is afflicted with the syndrome% foreign courts convey their understanding of the 0ustifiably fearful state of mind of a person who has been cyclically abused and controlled over a period of time. >(-? " battered woman has been defined as a woman who is repeatedly sub0ected 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. 2attered women include wives or women in any form of intimate relationship with men. :urthermore% in order to be classified as a battered woman% the couple must go through the battering cycle at least twice. "ny woman may find herself in an abusive relationship with a man once. 8f it occurs a second time% and she remains in the situation% she is defined as a battered woman.>(;? 2attered women e/hibit common personality traits% such as low self*esteem% traditional beliefs about the home% the family and the female se/ roleJ emotional dependence upon the dominant maleJ the tendency to accept responsibility for the batterers actionsJ and false hopes that the relationship will improve. >()?
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@ore graphically% the battered woman syndrome is characteriEed by the so*called cycle of violence% >(D? which has three phases! 415 the tension*building phaseJ 4(5 the acute battering incidentJ and 475 the tran3uil% loving 4or% at least% nonviolent5 phase .>(('? The a+u) 6a)rn n+/)n is said to be characteriEed by brutality% destructiveness and% sometimes% death. The battered woman deems this incident as unpredictable% yet also inevitable. =uring this phase% she has no controlJ only the batterer may put an end to the violence. 8ts nature can be as unpredictable as the time of its e/plosion% and so are his reasons for ending it. The battered woman usually realiEes that she cannot reason with him% and that resistance would only e/acerbate her condition. "t this stage% she has a sense of detachment from the attack and the terrible pain% although she may later clearly remember every detail. Ber apparent passivity in the face of acute violence may be rationaliEed thus! the batterer is almost always much stronger physically% and she knows from her past painful e/perience that it is futile to fight back. "cute battering incidents are often very savage and out of control% such that innocent bystanders or intervenors are likely to get hurt. >7,? The final phase of the cycle of violence begins when the acute battering incident ends. =uring this ran7u -)ro/% the couple e/perience profound relief. On the one hand% the batterer may show a tender and nurturing behavior towards his partner. Be knows that he has been viciously cruel and tries to make up for it% begging for her forgiveness and promising never to beat her again. On the other hand% the battered woman also tries to convince herself that the battery will never happen againJ that her partner will change for the betterJ and that this good% gentle and caring man is the real person whom she loves. " battered woman usually believes that she is the sole anchor of the emotional stability of the batterer. #ensing his isolation and despair% she feels responsible for his well*being. The truth% though% is that the chances of his reforming% or seeking or receiving professional help% are very slim% especially if she remains with him. Aenerally% only after she leaves him does he seek professional help as a way of getting her back. Cet% it is in this phase of remorseful reconciliation that she is most thoroughly tormented psychologically. The illusion of absolute interdependency is well*entrenched in a battered womans psyche. 8n this phase% she and her batterer are indeed emotionally dependent on each other ** she for his nurturant behavior% he for her forgiveness. 6nderneath this miserable cycle of tension% violence and forgiveness% each partner may believe that it is better to die than to be separated. Neither one may really feel independent% capable of functioning without the other. >71? "istor! of #$use in the Present Case
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To show the history of violence inflicted upon appellant% the defense presented several witnesses. #he herself described her heart*rending e/perience as follows! "TTC. T"26$"NON K Bow did you describe your marriage with 2en AenosaI " 8n the first year% 8 lived with him happily but in the subse3uent year he was cruel to me and a behavior of habitual drinker. K Cou said that in the subse3uent year of your marriage% your husband was abusive to you and cruel. 8n what way was this abusive and cruelty manifested to youI " Be always provoke me in everything% he always slap me and sometimes he pinned me down on the bed and sometimes beat me. K Bow many times did this happenI " #everal times already. K What did you do when these things happen to youI " 8 went away to my mother and 8 ran to my father and we separate each other. K What was the action of 2en Aenosa towards you leaving homeI " Be is following me% after that he sought after me. K What will happen when he follow youI " Be said he changed% he asked for forgiveness and 8 was convinced and after that 8 go to him and he said sorry. K =uring those times that you were the recipient of such cruelty and abusive behavior by your husband% were you able to see a doctorI " Ces% sir. K Who are these doctorsI " The company physician% =r. =ino $aing% =r. 9ucero and =ra. $erillo. ////// /// K Cou said that you saw a doctor in relation to your in0uriesI " Ces% sir. K Who inflicted these in0uriesI " Of course my husband. K Cou mean 2en AenosaI " Ces% sir. ////// /// >$ourt? Gto the witness K Bow fre3uent was the alleged cruelty that you saidI " verytime he got drunk. K No% from the time that you said the cruelty or the infliction of in0ury inflicted on your occurred% after your marriage% from that time on% how fre3uent was the occurrenceI " verytime he got drunk. K 8s it daily% weekly% monthly or how many times in a month or in a weekI
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" Three times a week. K =o you mean three times a week he would beat youI " Not necessarily that he would beat me but sometimes he will 0ust 3uarrel me. >7(? &eferring to his Out*atient $hart >77? on @arivic Aenosa at the hilphos Bospital% =r. =ino =. $aing bolstered her foregoing testimony on chronic battery in this manner! K #o% do you have a summary of those si/ 4)5 incidents which are found in the chart of your clinicI " Ces% sir. K Who prepared the list of si/ 4)5 incidents% =octorI " 8 did. K Will you please read the physical findings together with the dates for the record. " 1. @ay 1(% 1'', * physical findings are as follows! Bematoma 4&5 lower eyelid and redness of eye. "ttending physician! =r. 9uceroJ (. @arch 1,% 1''( * $ontusion*Bematoma 495 lower arbital area% pain and contusion 4&5 breast. "ttending physician! =r. $anoraJ 7. @arch ()% 1''7 * "brasion% :uruncle 495 "/illaJ -. "ugust 1% 1''- * ain% mastitis 495 breast% ( o to trauma. "ttending physician! =r. $aingJ ;. "pril 1D% 1''; * Trauma% tenderness 4&5 #houlder. "ttending physician! =r. $anoraJ and ). Hune ;% 1''; * #welling "brasion 495 leg% multiple contusion regnancy. "ttending physician! =r. $anora. K "mong the findings% there were two 4(5 incidents wherein you were the attending physician% is that correctI " Ces% sir. K =id you actually physical e/amine the accusedI " Ces% sir. K Now% going to your finding no. 7 where you were the one who attended the patient. What do you mean by abrasion furuncle left a/illaI " "brasion is a skin wound usually when it comes in contact with something rough substance if force is applied. K What is meant by furuncle a/illaI " 8t is secondary of the light infection over the abrasion. K What is meant by pain mastitis secondary to traumaI " #o% in this -th episode of physical in0uries there is an inflammation of left breast. #o% >pain? meaning there is tenderness. When your breast is traumatiEed% there is tenderness pain. K #o% these are ob0ective physical in0uries. =octorI ////// /// K Were you able to talk with the patientI " Ces% sir.
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K What did she tell youI " "s a doctor*patient relationship% we need to know the cause of these in0uries. "nd she told me that it was done to her by her husband. K Cou mean% 2en AenosaI " Ces% sir. ////// /// "TTC. T"26$"NON! K 2y the way =octor% were you able to physical e/amine the accused sometime in the month of November% 1''; when this incident happenedI " "s per record% yes. K What was the dateI " 8t was on November )% 1'';. K #o% did you actually see the accused physicallyI " Ces% sir. K On November )% 1'';% will you please tell this Bonorable $ourt% was the patient pregnantI " Ces% sir. K 2eing a doctor% can you more engage at what stage of pregnancy was sheI " ight 4<5 months pregnant. K #o in other words% it was an advance stage of pregnancyI " Ces% sir. K What was your November )% 1''; e/amination% was it an e/amination about her pregnancy or for some other findingsI " No% she was admitted for hypertension headache which complicates her pregnancy. K When you said admitted% meaning she was confinedI " Ces% sir. K :or how many daysI " One day. K WhereI " "t B89BO# Bospital. ////// /// K 9ets go back to the clinical history of @arivic Aenosa. Cou said that you were able to e/amine her personally on November )% 1''; and she was < months pregnant. What is this all aboutI " 2ecause she has this problem of tension headache secondary to hypertension and 8 think 8 have a record here% also the same period from 1'<' to 1'';% she had a consultation for twenty*three 4(75 times. K :or whatI " Tension headache.
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K $an we say that specially during the latter consultation% that the patient had hypertensionI " The patient definitely had hypertension. 8t was refractory to our treatment. #he does not response when the medication was given to her% because tension headache is more or less stress related and emotional in nature. K What did you deduce of tension headache when you said is emotional in natureI " :rom what 8 deduced as part of our physical e/amination of the patient is the family history in line of giving the root cause of what is causing this disease. #o% from the moment you ask to the patient all comes from the domestic problem. K Cou mean problem in her householdI " robably. K $an family trouble cause elevation of blood pressure% =octorI " Ces% if it is emotionally related and stressful it can cause increases in hypertension which is unfortunately does not response to the medication. K 8n November )% 1'';% the date of the incident% did you take the blood pressure of the accusedI " On November )% 1''; consultation% the blood pressure was 1<,G1(,. K 8s this considered hypertensionI " Ces% sir% severe. K $onsidering that she was < months pregnant% you mean this is dangerous level of blood pressureI " 8t was dangerous to the child or to the fetus. >7-? "nother defense witness% Teodoro #arabia% a former neighbor of the Aenosas in 8sabel% 9eyte% testified that he had seen the couple 3uarreling several timesJ and that on some occasions @arivic would run to him with bruises% confiding that the in0uries were inflicted upon her by 2en. >7;? cel "rano also testified >7)? that for a number of times she had been asked by @arivic to sleep at the Aenosa house% because the latter feared that 2en would come home drunk and hurt her. On one occasion that cel did sleep over% she was awakened about ten oclock at night% because the couple were very noisy and 8 heard something was broken like a vase. Then @arivic came running into cels room and locked the door. 2en showed up by the window grill atop a chair% scaring them with a knife. On the afternoon of November 1;% 1'';% @arivic again asked her help ** this time to find 2en ** but they were unable to. They returned to the Aenosa home% where they found him already drunk. "gain afraid that he might hurt her% @arivic asked her to sleep at their house. #eeing his state of drunkenness% cel hesitatedJ and when she heard the couple start arguing% she decided to leave. On that same night that culminated in the death of 2en Aenosa% at least three other witnesses saw or heard the couple 3uarreling. >7D? @arivic relates in detail the following backdrop of the fateful night when life was snuffed out of him% showing in the process a vivid picture of his cruelty towards her! "TTC. T"26$"NON! K lease tell this $ourt% can you recall the incident in November 1;% 1''; in the eveningI " Whole morning and in the afternoon% 8 was in the office working then after office hours% 8 boarded the service bus and went to 2ilwang. When 8 reached 2ilwang% 8 immediately asked my son% where was his father% then my second child said% he was not home yet. 8 was worried because that
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was payday% 8 was anticipating that he was gambling. #o while waiting for him% my eldest son arrived from school% 8 prepared dinner for my children. K This is evening of November 1;% 1'';I " Ces% sir. K What time did 2en Aenosa arriveI " When he arrived% 8 was not there% 8 was in 8sabel looking for him. K #o when he arrived you were in 8sabel looking for himI " Ces% sir. K =id you come back to your houseI " Ces% sir. K 2y the way% where was your con0ugal residence situated this timeI " 2ilwang. K 8s this your house or you are rentingI " &enting. K What time were you able to come back in your residence at 2ilwangI " 8 went back around almost
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K What was he yelling all aboutI " Bis usual attitude when he got drunk. K Cou said that when you arrived% he was drunk and yelling at youI What else did he do if anyI " Be is nagging at me for following him and he dared me to 3uarrel him. K What was the cause of his nagging or 3uarreling at you if you knowI " Be was angry at me because 8 was following / / / him% looking for him. 8 was 0ust worried he might be overly drunk and he would beat me again. K Cou said that he was yelling at you% what else% did he do to you if anyI " Be was nagging at me at that time and 8 0ust ignore him because 8 want to avoid trouble for fear that he will beat me again. erhaps he was disappointed because 8 0ust ignore him of his provocation and he switch off the light and 8 said to him% why did you switch off the light when the children were there. "t that time 8 was also attending to my children who were doing their assignments. Be was angry with me for not answering his challenge% so he went to the kitchen and >got? a bolo and cut the antenna wire to stop me from watching television. K What did he do with the boloI " Be cut the antenna wire to keep me from watching T.+. K What else happened after he cut the wireI " Be switch off the light and the children were shouting because they were scared and he was already holding the bolo. K Bow do you described this boloI " 1 1G( feet. K What was the bolo used for usuallyI " :or chopping meat. K Cou said the children were scared% what else happened as 2en was carrying that boloI " Be was about to attack me so 8 run to the room. K What do you mean that he was about to attack youI " When 8 attempt to run he held my hands and he whirled me and 8 fell to the bedside. K #o when he whirled you% what happened to youI " 8 screamed for help and then he left. K Cou said earlier that he whirled you and you fell on the bedsideI " Ces% sir. K Cou screamed for help and he left% do you know where he was goingI " Outside perhaps to drink more. K When he left what did you do in that particular timeI " 8 packed all his clothes. K What was your reason in packing his clothesI " 8 wanted him to leave us. K =uring this time% where were your children% what were their reactionsI
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" "fter a couple of hours% he went back again and he got angry with me for packing his clothes% then he dragged me again of the bedroom holding my neck. K Cou said that when 2en came back to your house% he dragged youI Bow did he drag youI $O6&T 8NT&&T&! The witness demonstrated to the $ourt by using her right hand fle/ed forcibly in her front neck5 " "nd he dragged me towards the door backward. "TTC. T"26$"NON! K Where did he bring youI " Outside the bedroom and he wanted to get something and then he kept on shouting at me that you might as well be killed so there will be nobody to nag me. K #o you said that he dragged you towards the drawerI " Ces% sir. K What is there in the drawerI " 8 was aware that it was a gun. $O6&T 8NT&&T&! 4"t this 0uncture the witness started crying5. "TTC. T"26$"NON! K Were you actually brought to the drawerI " Ces% sir. K What happened when you were brought to that drawerI " Be dragged me towards the drawer and he was about to open the drawer but he could not open it because he did not have the key then he pulled his wallet which contained a blade about 7 inches long and 8 was aware that he was going to kill me and 8 smashed his arm and then the wallet and the blade fell. The one he used to open the drawer 8 saw% it was a pipe about that long% and when he was about to pick*up the wallet and the blade% 8 smashed him then 8 ran to the other room% and on that very moment everything on my mind was to pity on myself% then the feeling 8 had on that very moment was the same when 8 was admitted in B89BO# $linic% 8 was about to vomit. $O6&T 8NT&&T&! 4The witness at this 0uncture is crying intensely5. /////// // "TTC. T"26$"NON! K Talking of drawer% is this drawer outside your roomI " Outside. K 8n what part of the houseI " =ining. K Where were the children during that timeI " @y children were already asleep.
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K Cou mean they were inside the roomI " Ces% sir. K Cou said that he dropped the blade% for the record will you please describe this blade about 7 inches long% how does it look likeI " Three 475 inches long and 1G( inch wide. K 8s it a fle/ible bladeI " 8ts a cutter. K Bow do you describe the blade% is it sharp both edgesI " Ces% because he once used it to me. K Bow did he do itI " Be wanted to cut my throat. K With the same bladeI " Ces% sir% that was the ob0ect used when he intimidate me. >77'? 8n cross*e/amining =ra. =ayan% the public prosecutor not merely elicited% but wittingly or unwittingly put forward% additional supporting evidence as shown below! K 8n your first encounter with the appellant in this case in 1'''% where you talked to her about three hours% what was the most relevant information did you gatherI " The most relevant information was the tragedy that happened. The most important information were escalating abuses that she had e/perienced during her marital life. K 2efore you met her in 1''' for three hours% we presume that you already knew of the facts of the case or at least you have substantial knowledge of the facts of the caseI " 8 believe 8 had an idea of the case% but 8 do not know whether 8 can consider them as substantial. ////// /// K =id you gather an information from @arivic that on the side of her husband they were fond of battering their wivesI
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" 8 also heard that from herI K Cou heard that from herI " Ces% sir. K =id you ask for a complete e/ample who are the relatives of her husband that were fond of battering their wivesI " What 8 remember that there were brothers of her husband who are also battering their wives. K =id she not inform you that there was an instance that she stayed in a hotel in Ormoc where her husband followed her and battered >her? several times in that roomI " #he told me about that. K =id she inform you in what hotel in OrmocI " #ir% 8 could not remember but 8 was told that she was battered in that room. K #everal times in that roomI " Ces% sir. What 8 remember was that there is no problem about being battered% it really happened. K 2eing an e/pert witness% our 0urisprudence is not complete on saying this matter. 8 think that is the first time that we have this in the hilippines% what is your opinionI " #ir% my opinion is% she is really a battered wife and in this kind happened% it was really a self*defense. 8 also believe that there had been provocation and 8 also believe that she became a disordered person. #he had to suffer an/iety reaction because of all the battering that happened and so she became an abnormal person who had lost shes not during the time and that is why it happened because of all the physical battering% emotional battering% all the psychological abuses that she had e/perienced from her husband. K 8 do believe that she is a battered wife. Was she e/tremely batteredI " #ir% it is an e/treme form of battering. Ces. >-,? arenthetically% the credibility of appellant was demonstrated as follows! K "nd you also said that you administered >the? ob0ective personality test% what / / / >is this? all aboutI " The ob0ective personality test is the @illon $linical @ultia/ial 8nventory. The purpose of that test is to find out about the lying prone>ne?ss of the person. K What do you mean by thatI " @eaning% am 8 dealing with a client who is telling me the truth% or is she someone who can e/aggerate or / / / >will? tell a lie>I? K "nd what did you discover on the basis of this ob0ective personality testI " #he was a person who passed the honesty test. @eaning she is a person that 8 can trust. That the data that 8m gathering from her are the truth. >-1? The other e/pert witness presented by the defense% =r. "lfredo a0arillo% testified on his sychiatric &eport% >-(? which was based on his interview and e/amination of @arivic Aenosa. The &eport said that during the first three years of her marriage to 2en% everything looked good ** the atmosphere was fine% normal and happy ** until 2en started to be attracted to other girls and was also enticed in>to? gambling>%? especially cockfighting. / / /. "t the same time 2en was often 0oining his bar!ada in drinking sprees.
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The drinking sprees of 2en greatly changed the attitude he showed toward his family% particularly to his wife. The &eport continued! "t first% it was verbal and emotional abuses but as time passed% he became physically abusive. @arivic claimed that the viciousness of her husband was progressive every time he got drunk. 8t was a painful ordeal @arivic had to anticipate whenever she suspected that her husband went for a drinking >spree?. They had been married for twelve years>J? and practically more than eight years% she was battered and maltreated relentlessly and mercilessly by her husband whenever he was drunk. @arivic sought the help of her mother*in*law% but her efforts were in vain. :urther 3uoting from the &eport% >s?he also sought the advice and help of close relatives and well*meaning friends in spite of her feeling ashamed of what was happening to her. 2ut incessant battering became more and more fre3uent and more severe. / / /. >-7? :rom the totality of evidence presented% there is indeed no doubt in the $ourts mind that "ppellant @arivic Aenosa was a severely abused person.
%ffect of Batter! on #ppellant 2ecause of the recurring cycles of violence e/perienced by the abused woman% her state of mind metamorphoses. 8n determining her state of mind% we cannot rely merely on the 0udgment of an ordinary% reasonable person who is evaluating the events immediately surrounding the incident. " $anadian court has aptly pointed out that e/pert evidence on the psychological effect of battering on wives and common law partners are both relevant and necessary. Bow can the mental state of the appellant be appreciated without itI The average member of the public may ask! Why would a woman put up with this kind of treatmentI Why should she continue to live with such a manI Bow could she love a partner who beat her to the point of re3uiring hospitaliEationI We would e/pect the woman to pack her bags and go. Where is her self*respectI Why does she not cut loose and make a new life for herselfI #uch is the reaction of the average person confronted with the so*called battered wife syndrome. >--? To understand the syndrome properly% however% ones viewpoint should not be drawn from that of an ordinary% reasonable person. What goes on in the mind of a person who has been sub0ected to repeated% severe beatings may not be consistent with ** nay% comprehensible to ** those who have not been through a similar e/perience. /pert opinion is essential to clarify and refute common myths and misconceptions about battered women. >-;? The theory of 2W# formulated by 9enore Walker% as well as her research on domestic violence% has had a significant impact in the 6nited #tates and the 6nited Mingdom on the treatment and prosecution of cases% in which a battered woman is charged with the killing of her violent partner. The psychologist e/plains that the cyclical nature of the violence inflicted upon the battered woman immobiliEes the latters ability to act decisively in her own interests% making her feel trapped in the relationship with no means of escape. >-)? 8n her years of research% =r. Walker found that the abuse often escalates at the point of separation and battered women are in greater danger of dying then.>-D? $orroborating these research findings% =ra. =ayan said that the battered woman usually has a very low opinion of herself. #he has / / / self*defeating and self*sacrificing characteristics. / / / >W?hen the violence would happen% they usually think that they provoke>d? it% that they were the one>s? who precipitated the violence>J that? they provoke>d? their spouse to be physically% verbally and even se/ually abusive to them. >--'?
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The testimony of another e/pert witness% =r. a0arillo% is also helpful. Be had previously testified in suits involving violent family relations% having evaluated probably ten to twenty thousand violent family disputes within the "rmed :orces of the hilippines% wherein such cases abounded. "s a result of his e/perience with domestic violence cases% he became a consultant of the 2attered Woman Office in KueEon $ity. "s such% he got involved in about forty 4-,5 cases of severe domestic violence% in which the physical abuse on the woman would sometimes even lead to her loss of consciousness. >;,? =r. a0arillo e/plained that overwhelming brutality% trauma could result in posttraumatic stress disorder% a form of an/iety neurosis or neurologic an/ietism. >;1? "fter being repeatedly and severely abused% battered persons may believe that they are essentially helpless% lacking power to change their situation. / / / >"?cute battering incidents can have the effect of stimulating the development of coping responses to the trauma at the e/pense of the victims ability to muster an active response to try to escape further trauma. :urthermore% / / / the victim ceases to believe that anything she can do will have a predictable positive effect. >;(? " study>;7? conducted by @artin #eligman% a psychologist at the 6niversity of ennsylvania% found that even if a person has control over a situation% but believes that she does not% she will be more likely to respond to that situation with coping responses rather than trying to escape. Be said that it was the cognitive aspect ** the individuals thoughts ** that proved all*important. Be referred to this phenomenon as learned helplessness. >T?he truth or facts of a situation turn out to be less important than the individuals set of beliefs or perceptions concerning the situation. 2attered women dont attempt to leave the battering situation% even when it may seem to outsiders that escape is possible% because they cannot predict their own safetyJ they believe that nothing they or anyone else does will alter their terrible circumstances. >;-? Thus% 0ust as the battered woman believes that she is somehow responsible for the violent behavior of her partner% she also believes that he is capable of killing her% and that there is no escape. >;;? 2attered women feel unsafe% suffer from pervasive an/iety% and usually fail to leave the relationship. >;)? 6nless a shelter is available% she stays with her husband% not only because she typically lacks a means of self*support% but also because she fears that if she leaves she would be found and hurt even more. >;D? 8n the instant case% we meticulously scoured the records for specific evidence establishing that appellant% due to the repeated abuse she had suffered from her spouse over a long period of time% became afflicted with the battered woman syndrome. We% however% failed to find sufficient evidence that would support such a conclusion. @ore specifically% we failed to find ample evidence that would confirm the presence of the essential characteristics of 2W#. The defense fell short of proving all three phases of the cycle of violence supposedly characteriEing the relationship of 2en and @arivic Aenosa. No doubt there were acute battering incidents. 8n relating to the court a quo how the fatal incident that led to the death of 2en started% @arivic perfectly described the tension*building phase of the cycle. #he was able to e/plain in ade3uate detail the typical characteristics of this stage. Bowever% that single incident does not prove the e/istence of the syndrome. 8n other words% she failed to prove that in at least another battering episode in the past% she had gone through a similar pattern. Bow did the tension between the partners usually arise or build up prior to acute batteringI Bow did @arivic normally respond to 2ens relatively minor abusesI What means did she employ to try to prevent the situation from developing into the ne/t 4more violent5 stageI Neither did appellant proffer sufficient evidence in regard to the third phase of the cycle. #he simply mentioned that she would usually run away to her mothers or fathers houseJ >;
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was the sole support of his emotional stability and well*beingI $onversely% how dependent was she on himI =id she feel helpless and trapped in their relationshipI =id both of them regard death as preferable to separationI 8n sum% the defense failed to elicit from appellant herself her factual e"periences and thoughts that would clearly and fully demonstrate the essential characteristics of the syndrome. The $ourt appreciates the ratiocinations given by the e/pert witnesses for the defense. 8ndeed% they were able to e/plain fully% albeit merely theoretically and scientifically% how the personality of the battered woman usually evolved or deteriorated as a result of repeated and severe beatings inflicted upon her by her partner or spouse. They corroborated each others testimonies% which were culled from their numerous studies of hundreds of actual cases. #owever, they failed to present in court the factual e"periences and thoughts that appellant had related to them $$ if at all $$ based on which they concluded that she had B%S. We emphasiEe that in criminal cases% all the elements of a modifying circumstance must be proven in order to be appreciated. To repeat% the records lack supporting evidence that would establish all the essentials of the battered woman syndrome as manifested specifically in the case of the Aenosas.
BS as Self-Defense 8n any event% the e/istence of the syndrome in a relationship does not in itself establish the legal right of the woman to kill her abusive partner. vidence must still be considered in the conte/t of self*defense .>;'? :rom the e/pert opinions discussed earlier% the $ourt reckons further that crucial to the 2W# defense is the state of mind of the battered woman at the time of the offense >),? ** she must have actually feared imminent harm from her batterer and honestly believed in the need to kill him in order to save her life. #ettled in our 0urisprudence% however% is the rule that the one who resorts to self* defense must face a real threat on ones lifeJ and the peril sought to be avoided must be imminent and actual % not merely imaginary.>)1? Thus% the &evised enal $ode provides the following re3uisites and effect of self*defense! >)(? "rt. 11. &ustifying circumstances. ** The following do not incur any criminal liability! 1. "nyone who acts in defense of his person or rights% provided that the following circumstances concurJ First . 6nlawful aggressionJ Second . &easonable necessity of the means employed to prevent or repel itJ hird .9ack of sufficient provocation on the part of the person defending himself. 6nlawful aggression is the most essential element of self*defense. >)7? 8t presupposes actual% sudden and une/pected attack ** or an imminent danger thereof ** on the life or safety of a person. >)-? 8n the present case% however% according to the testimony of @arivic herself% there was a sufficient time interval between the unlawful aggression of 2en and her fatal attack upon him. #he had already been able to withdraw from his violent behavior and escape to their childrens bedroom. =uring that time% he apparently ceased his attack and went to bed. The reality or even the imminence of the danger he posed had ended altogether. Be was no longer in a position that presented an actual threat on her life or safety. Bad 2en still been awaiting @arivic when she came out of their childrens bedroom ** and based on past violent incidents% there was a great probability that he would still have pursued her and inflicted graver harm ** then% the imminence of the real threat upon her life would not have ceased yet. Where the brutaliEed person is already suffering from
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2W#% further evidence of actual physical assault at the time of the killing is not re3uired. 8ncidents of domestic battery usually have a predictable pattern. To re3uire the battered person to await an obvious% deadly attack before she can defend her life would amount to sentencing her to murder by installment. >);? #till% impending danger 4based on the conduct of the victim in previous battering episodes5 prior to the defendants use of deadly force must be shown. Threatening behavior or communication can satisfy the re3uired imminence of danger. >))? $onsidering such circumstances and the e/istence of 2W#% self*defense may be appreciated. We reiterate the principle that aggression% if not continuous% does not warrant self* defense. >)D? 8n the absence of such aggression% there can be no self*defense ** complete or incomplete ** on the part of the victim. >)
&itigating Circumstances Present 8n any event% all is not lost for appellant. While she did not raise any other modifying circumstances that would alter her penalty% we deem it proper to evaluate and appreciate in her favor circumstances that mitigate her criminal liability. 8t is a hornbook doctrine that an appeal in a criminal case opens it wholly for review on any issue% including that which has not been raised by the parties. >)'? :rom several psychological tests she had administered to @arivic% =ra. =ayan% in her sychological valuation &eport dated November ('% (,,,% opined as follows! This is a classic case of a 2attered Woman #yndrome. The repeated battering @arivic e/perienced with her husband constitutes a form of >cumulative? provocation which broke down her psychological resistance and natural self*control. 8t is very clear that she developed heightened sensitivity to sight of impending danger her husband posed continuously. @arivic truly e/perienced at the hands of her abuser husband a state of psychological paralysis which can only be ended by an act of violence on her part. >D,? =r. a0arillo corroborates the findings of =ra. =ayan. Be e/plained that the effect of repetitious pain taking% repetitious battering% >and? repetitious maltreatment as well as the severity and the prolonged administration of the battering is posttraumatic stress disorder .>D1? /pounding thereon% he said! K What causes the trauma% @r. WitnessI " What causes the trauma is probably the repetitious battering. #econd% the severity of the battering. Third% the prolonged administration of battering or the prolonged commission of the battering and the psychological and constitutional stamina of the victim and another one is the public and social support available to the victim. 8f nobody is interceding% the more she will go to that disorder.... ////// /// K Cou referred a while ago to severity. What are the 3ualifications in terms of severity of the postraumatic stress disorder% =r. a0arilloI " The severity is the most severe continuously to trig>g?er this post>t?raumatic stress disorder is in0ury to the head% banging of the head like that. 8t is usually the very very severe stimulus that precipitate this post>t?raumatic stress disorder. Others are suffocating the victim like holding a pillow on the face% strangulating the individual% suffocating the individual% and bo/ing the individual. 8n this situation therefore% the victim is heightened to painful stimulus% like for e/ample she is pregnant% she is very susceptible because the woman will not only protect herself% she is also to protect the fetus. #o the an/iety is heightened to the end >sic? degree.
Page 30 of 38
K 2ut in terms of the gravity of the disorder% @r. Witness% how do you classifyI " We classify the disorder as >acute?% or chronic or delayed or >a?typical. K $an you please describe this pre>*?classification you called delayed or >atypical?I " The acute is the one that usually re3uire only one battering and the individual will manifest now a severe emotional instability% higher irritability remorse% restlessness% and fear and probably in most >acute? cases the first thing will be happened to the individual will be thinking of suicide. K "nd in chronic cases% @r. WitnessI " The chronic cases is this repetitious battering% repetitious maltreatment% any prolonged% it is longer than si/ 4)5 months. The >acute? is only the first day to si/ 4)5 months. "fter this si/ 4)5 months you become chronic. 8t is stated in the book specifically that after si/ 4)5 months is chronic. The >a?typical one is the repetitious battering but the individual who is abnormal and then become normal. This is how you get neurosis from neurotic personality of these cases of post>t?raumatic stress disorder. >D(? "nswering the 3uestions propounded by the trial 0udge% the e/pert witness clarified further! K 2ut 0ust the same>%? neurosis especially on battered woman syndrome / / / affects / / / his or her mental capacityI " Ces% your Bonor. K "s you were saying>%? it / / / obfuscated her rationalityI " Of course obfuscated. >D7? 8n sum% the cyclical nature and the severity of the violence inflicted upon appellant resulted in cumulative provocation which broke down her psychological resistance and natural self*control% psychological paralysis% and difficulty in concentrating or impairment of memory. Based on the e"planations of the e"pert witnesses, such manifestations were analogous to an illness that diminished the e"ercise by appellant of her will power without, however, depriving her of consciousness of her acts. There was% thus% a resulting diminution of her freedom of action% intelligence or intent. ursuant to paragraphs ' >D-? and 1, >D;? of "rticle 17 of the &evised enal $ode% this circumstance should be taken in her favor and considered as a mitigating factor. >D)? 8n addition% we also find in favor of appellant the e/tenuating circumstance of having acted upon an impulse so powerful as to have naturally produced passion and obfuscation. 8t has been held that this state of mind is present when a crime is committed as a result of an uncontrollable burst of passion provoked by prior un0ust or improper acts or by a legitimate stimulus so powerful as to overcome reason. >DD? To appreciate this circumstance% the following re3uisites should concur! 415 there is an act% both unlawful and sufficient to produce such a condition of mindJ and 4(5 this act is not far removed from the commission of the crime by a considerable length of time% during which the accused might recover her normal e3uanimity .>DD'?Bis abusive and violent acts% an aggression which was directed at the lives of both @arivic and her unborn child% naturally produced passion and obfuscation overcoming her reason. ven though she was able to retreat to a separate room% her emotional and mental state continued. "ccording to her% she felt her blood pressure riseJ she was filled with feelings of self*pity and of fear that she and her baby were about to die. 8n a fit of indignation% she pried open the cabinet drawer where 2en kept a gun% then she took the weapon and used it to shoot him.
Page 31 of 38
The confluence of these events brings us to the conclusion that there was no considerable period of time within which @arivic could have recovered her normal e3uanimity. Belpful is =r. a0arillos testimony ><,? that with neurotic an/iety ** a psychological effect on a victim of overwhelming brutality >or? trauma ** the victim relives the beating or trauma as if it were real% although she is not actually being beaten at the time. #he cannot control re*e/periencing the whole thing% the most vicious and the trauma that she suffered. #he thinks of nothing but the suffering. #uch reliving which is beyond the control of a person under similar circumstances% must have been what @arivic e/perienced during the brief time interval and prevented her from recovering her normal e3uanimity. "ccordingly% she should further be credited with the mitigating circumstance of passion and obfuscation. 8t should be clarified that these two circumstances ** psychological paralysis as well as passion and obfuscation ** did not arise from the same set of facts. On the one hand% the first circumstance arose from the cyclical nature and the severity of the battery inflicted by the batterer*spouse upon appellant. That is% the repeated beatings over a period of time resulted in her psychological paralysis% which was analogous to an illness diminishing the e/ercise of her will power without depriving her of consciousness of her acts. The second circumstance% on the other hand% resulted from the violent aggression he had inflicted on her prior to the killing. That the incident occurred when she was eight months pregnant with their child was deemed by her as an attempt not only on her life% but likewise on that of their unborn child. #uch perception naturally produced passion and obfuscation on her part. )+on/ L)a I**u)' Treacher! There is treachery when one commits any of the crimes against persons by employing means% methods or forms in the e/ecution thereof without risk to oneself arising from the defense that the offended party might make. ><1? 8n order to 3ualify an act as treacherous% the circumstances invoked must be proven as indubitably as the killing itselfJ they cannot be deduced from mere inferences% or con0ectures% which have no place in the appreciation of evidence. ><(? 2ecause of the gravity of the resulting offense% treachery must be proved as conclusively as the killing itself. ><7? &uling that treachery was present in the instant case% the trial court imposed the penalty of death upon appellant. 8t inferred this 3ualifying circumstances merely from the fact that the lifeless body of 2en had been found lying in bed with an open% depressed% circular fracture located at the back of his head. "s to e/actly how and when he had been fatally attacked% however% the prosecution failed to establish indubitably. Only the following testimony of appellant leads us to the events surrounding his death! K Cou said that when 2en came back to your house% he dragged youI Bow did he drag youI $O6&T! The witness demonstrated to the $ourt by using her right hand fle/ed forcibly in her front neck5 " "nd he dragged me towards the door backward. "TTC. T"26$"NON! K Where did he bring youI " Outside the bedroom and he wanted to get something and then he kept on shouting at me that you might as well be killed so there will be nobody to nag me K #o you said that he dragged you towards the drawerI " Ces% sir.
Page 32 of 38
K What is there in the drawerI " 8 was aware that it was a gun. $O6&T 8NT&&T& 4"t this 0uncture the witness started crying5 "TTC. T"26$"NON! K Were you actually brought to the drawerI " Ces% sir. K What happened when you were brought to that drawerI " Be dragged me towards the drawer and he was about to open the drawer but he could not open it because he did not have the key then he pulled his wallet which contained a blade about 7 inches long and 8 was aware that he was going to kill me and 8 smashed his arm and then the wallet and the blade fell. The one he used to open the drawer 8 saw% it was a pipe about that long% and when he was about to pick*up the wallet and the blade% 8 smashed him then 8 ran to the other room% and on that very moment everything on my mind was to pity on myself% then the feeling 8 had on that very moment was the same when 8 was admitted in B89BO# $linic% 8 was about to vomit. $O6&T 8NT&&T& 4The witness at this 0uncture is crying intensely5. ////// /// K Cou said that he dropped the blade% for the record will you please describe this blade about 7 inches long% how does it look likeI " Three 475 inches long and inch wide. K 8t is a fle/ible bladeI " 8ts a cutter. K Bow do you describe the blade% is it sharp both edgesI " Ces% because he once used it to me. K Bow did he do itI " Be wanted to cut my throat. K With the same bladeI " Ces% sir% that was the ob0ect used when he intimidate me. /////// // "TTC. T"26$"NON! K Cou said that this blade fell from his grip% is it correctI " Ces% because 8 smashed him. K What happenedI " 2en tried to pick*up the wallet and the blade% 8 pick*up the pipe and 8 smashed him and 8 ran to the other room. K What else happenedI " When 8 was in the other room% 8 felt the same thing like what happened before when 8 was admitted in B89BO# $linic% 8 was about to vomit. 8 know my
Page 33 of 38
blood pressure was raised. 8 was frightened 8 was about to die because of my blood pressure. $O6&T 8NT&&T&! 46pon the answer of the witness getting the pipe and smashed him% the witness at the same time pointed at the back of her neck or the nape5. "TTC. T"26$"NON! K Cou said you went to the room% what else happenedI " $onsidering all the physical sufferings that 8ve been through with him% 8 took pity on myself and 8 felt 8 was about to die also because of my blood pressure and the baby% so 8 got that gun and 8 shot him. $O6&T Gto "tty. Tabucanon K Cou shot himI " Ces% 8 distorted the drawer. ><-? The above testimony is insufficient to establish the presence of treachery. There is no showing of the victims position relative to appellants at the time of the shooting. 2esides% e3ually a/iomatic is the rule that when a killing is preceded by an argument or a 3uarrel% treachery cannot be appreciated as a 3ualifying circumstance% because the deceased may be said to have been forewarned and to have anticipated aggression from the assailant. ><;? @oreover% in order to appreciate alevosia, the method of assault adopted by the aggressor must have been consciously and deliberately chosen for the specific purpose of accomplishing the unlawful act without risk from any defense that might be put up by the party attacked. ><)? There is no showing% though% that the present 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 batterer*spouse. 8n 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 e/ecution% this $ourt resolves the doubt in her favor .>
Proper Penalt! The penalty for parricide imposed by "rticle (-) of the &evised enal $ode is reclusion perpetua to death. #ince two mitigating circumstances and no aggravating circumstance have been found to have attended the commission of the offense% the penalty shall be lowered by one 415 degree% pursuant to "rticle )- of paragraph ; ><<'? The penalty of reclusion temporal in its medium period is imposable% considering that two mitigating circumstances are to be taken into account in reducing the penalty by one degree% and no other modifying circumstances were shown to have attended the commission of the offense. >',? 6nder the 8ndeterminate #entence 9aw% the minimum of the penalty shall be within the range of that which is ne/t lower in degree ** prision mayor ** and the ma/imum shall be within the range of the medium period of reclusion temporal . $onsidering all the circumstances of the instant case% we deem it 0ust and proper to impose the penalty of prision mayor in its minimum period% or si/ 4)5 years and one 415 day in prison as minimumJ to reclusion temporal in its medium period% or 1- years < months and 1 day as ma/imum. Noting that appellant has already served the minimum period% she may now apply for and be released from detention on parole. >'1?
%pilogue
Page 34 of 38
2eing a novel concept in our 0urisprudence% the battered woman syndrome was neither easy nor simple to analyEe and recogniEe vis**vis the given set of facts in the present case. The $ourt agoniEed on how to apply the theory as a modern*day reality. 8t took great effort beyond the normal manner in which decisions are made ** on the basis of e/isting law and 0urisprudence applicable to the proven facts. To give a 0ust and proper resolution of the case% it endeavored to take a good look at studies conducted here and abroad in order to understand the intricacies of the syndrome and the distinct personality of the chronically abused person. $ertainly% the $ourt has learned much. "nd definitely% the solicitor general and appellants counsel% "tty. Matrina 9egarda% have helped it in such learning process. While our hearts empathiEe with recurrently battered persons% we can only work within the limits of law% 0urisprudence and given facts. We cannot make or invent them. Neither can we amend the &evised enal $ode. Only $ongress% in its wisdom% may do so. The $ourt% 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 characteriEed 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. hird % 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 perpetrated by the former against the latter. Taken altogether% these circumstances could satisfy the re3uisites of self*defense. 6nder the e/isting facts of the present case% however% not all of these elements were duly established. HEREFORE% the conviction of "ppellant @arivic Aenosa for parricide is hereby AFF'(M)*. Bowever% there being two 4(5 mitigating circumstances and no aggravating circumstance attending her commission of the offense% her penalty is ()*+)* to si/ 4)5 years and one 415 day of prision mayor as minimumJ to 1- years% < months and 1 day of reclusion temporal as ma/imum. 8nasmuch as appellant has been detained for more than the minimum penalty hereby imposed upon her% the director of the 2ureau of $orrections may immediately ()-)AS) her from custody upon due determination that she is eligible for parole% unless she is being held for some other lawful cause. $osts de oficio. O OR%ERE%. Puno, arpio, orona, arpio$Morales, alleo, Sr., A/cuna and inga, &&., concur . *avide, &r., .&., Sandoval$0utierre/, and Austria$Martine/, &&., oin &ustice Santiago in her dissent. 1itug and 2uisumbing &&., in the result. 3nares$Santiago &., see dissenting opinion.
>1?
enned by Hudge :ortunito 9. @adrona.
>(?
"ssailed =ecision% p. 1DJ rollo% p. -7.
>7?
#igned by rovincial rosecutor 8 &osario =. 2eleta.
>-?
(ollo% p. '.
>;?
"tty. Hoventino 8sidro. The accused was also represented later by "tty. Ail @arvel . Tabucanon.
>)?
&ecords% p. );.
>D?
"ppellees 2rief% pp. ;*17J rollo% pp. -7;*--7. #igned by #olicitor Aeneral "lfredo 9. 2enipayo% "ssistant #olicitor Aeneral Marl 2. @iranda% and #olicitor @a. "na $. &ivera.
Page 35 of 38
>
#pelled as 2asobas in some parts of the record.
>'?
"ppellants 2rief% pp. 1,*D1J rollo% pp. (<-*7-;J signed by "tty. Matrina 9egarda. $itations omitted.
>1,?
Kualifying her e/pertise% =ra. =ayan stated that she had been a practising clinical psychologist for over twenty 4(,5 years. $urrently% she is a professor at the =e 9a #alle 6niversity. rior thereto% she was the head of the sychology =epartment of the "ssumption $ollegeJ a member of the faculty of sychology of the "teneo de @anila 6niversity and #t. Hosephs $ollegeJ and the counseling psychologist of the National =efense $ollege. #he obtained her bachelors degree in psychology from the 6niversity of the hilippines 465% her @aster of "rts in $linical $ounseling from "teneo% and her h.=. also from 6. #he is the secretary of the 8nternational $ouncil of sychologists% comprised of members from about )< countriesJ and was the past president of the sychological "ssociation of the hilippines. #he is a member of the :orensic sychology "ssociation% the "merican sychological "ssociation% and the "#"N $ounseling "ssociation. #he authored the book entitled )nergy 0lobal Psychology 4together with =rs. "llen Tan and "llan 2ernardo5. =ra. =ayan also lectures at the hilippine Hudicial "cademy% recently on the socio*demographic and psychological profiles of families involved in domestic violence cases. On the sub0ect% she had conducted% for over a period of ten years% research on the profiles of about ;,, families involved in domestic violence.
>11?
=r. a0arillo obtained his medical degree from the 6niversity of #anto Tomas and has been in the practice of psychiatry for thirty*eight years. Be honed his practice in psychiatry and neurology during his stint with the +eterans @emorial @edical $entre. Thereafter% he was called to active duty in the "rmed :orces of the hilippines and was assigned at the +. 9una @edical $enter for twenty*si/ years. Be was a diplomate of the hilippine 2oard of sychiatryJ and a fellow of the hilippine 2oard of sychiatry and the hilippine sychiatry "ssociation. Be was also a member of the World "ssociation of @ilitary #urgeonsJ the KueEon $ity @edical #ocietyJ the $agayan @edical #ocietyJ and the hilippine "ssociation of @ilitary #urgeons. Be authored he omparative Analysis of 4ervous Brea!down in the Philippine Military Academy from the Period 5678$569:, which was presented twice in international congresses. Be also authored The @ental Bealth of the "rmed :orces of the hilippines (,,,% which was likewise published internationally and locally. On a arke*=avis grant% he published a medical te/tbook on the use of rasepamJ on an & #3uibb grant% he was the first to use nanthate 4si3uiline5J and he published the use of the drug Lopiclom in 1'<;*<). rior to his retirement from government service% he obtained the rank of 2rigadier Aeneral. 4T#N% :ebruary '% (,,1% pp. )*'J /hibits :*:*'*"ppellant 42io*=ata of =r. a0arillo5.
>1(?
This case was deemed submitted for resolution on "pril -% (,,7% upon receipt by this $ourt of appellees 2rief. "ppellants 2rief was filed on =ecember (% (,,(.
>17?
"ppellants 2rief% rollo% pp. 7-)*7-D. Original in upper case.
>1-?
$aca v . $ourt of "ppeals and eople% 7-1 hil. 11-% Huly D% 1''DJ eople v . aragua% 7() hil. '(7% @ay (-% 1'')J eople v. Tanoy% 7
>1;?
1; of "rt. +888 of the $onstitution provides! #ec. 1;. 415 "ll cases or matters filed after the effectivity of this $onstitution must be decided or resolved within / / / three months for all other lower courts. 4(5 " case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading% brief% or memorandum re3uired by the &ules of $ourt or by the court itself.
>1)?
777 hil. (,% =ecember (% 1'')% per uno% & .
>1D?
T#N% #eptember (7% 1''D% pp. 11*1( F 1-J T#N% November 1(% 1''D% pp. (' F 77.
Page 36 of 38
>1
T#N% "ugust )% 1''<% pp. D*<.
>1'?
eople v . #arabia, 7D) hil. 7(% October ('% 1'''.
>(,?
"ppellees 2rief% p. ()% citing eople v . =e los &eyes% ((' #$&" -7'% Hanuary (1% 1''-. See also ; of &ule 11, of the New &ules of $riminal rocedure and eople v . +ergara, ((1 #$&" ;),% "pril (<% 1''7.
>(1?
eople v. &abanal% 7-' #$&" );;% Hanuary 1'% (,,1J eople v . $ario% 7;1 hil. )--% @arch 71% 1''
>((?
eople v. eralta% 7;, #$&" 1'<% Hanuary (-% (,,1.
>(7?
#ee 8bn*Tamas v . 6#% -DD ".(d )()% 1'D' =$ "pp. 98# -;DJ @c9uckie v . "bbott% 77D :.7d 11'7J (,,7 6# "pp. 98# 1;(-,J =eetris v . Muykendall% (7' :.7d 1,;DJ (,,1 6# "pp. 98# 1,)(J #tate v . Melley% -D< ".(d 7)- 41'<-5J @c@augh v . #tate% )1( ".(d D(; 4&8 1''(5J #tate v . :rost% ;DD ".(d 1(<( 4NH #uper. $t. "pp. =iv. 1'',5J #tate v . Aallegos% D1' .(d 1()< 4N@ $t. "pp. 1'<)5J &. v . 9avallee 41'',5 1 #$&J &eilly v .The Kueen% 41'<-5 ( #$& 7').
>(-?
#ymposium on =omestic +iolence. "rticle! roviding 9egal rotection for 2attered Women! "n "nalysis of #tate #tatutes and $ase 9aw% 9# (1 Bofstra 9. &ev. <,1 4#ummer 1''75% 11)1.
>(;?
@c@augh v . #tate% )1( ".(d D(;% D71% 3uoting 9. Walker% he Battered %oman, at + 41'D'5.
>()?
eople v . Torres% 1(< @isc(d% 1('% -<< NC#(d 7;
>(D?
Walker% 9enore% he Battered %oman Syndrome 41'<-5% pp. ';*'). =r. Walker% a clinical psychologist% is an acknowledged e/pert on 2W# in the 6nited #tates. #he is a pioneer researcher in the field. 8n this book% she reports the results of her study involving -,, battered women. Ber research was designed to test empirically the theories e/pounded in her earlier book% he Battered %oman 41'D'5. 8n 1'<'% she also wrote errifying -ove; %hy Battered %omen
>(
Walker% errifying -ove; %hy Battered %omen (esponds 4Barper erennial% 1'<'5% p. -(.
>('?
'bid . #ee also &. v . 9avallee% supraJ 8bn*Tamas v . 6#% supra.
>7,?
'bid .
>71?
'bid .
and
#ow
Society
>7(?
T#N% "ugust )% 1''<% pp. 1(*1'.
>77?
/hibits 1 F 1*"J records% p. --.
>7-?
T#N% "ugust ;% 1''<% pp. 1-*(7% (D*71.
>7;?
T#N% =ecember 1)% 1''D% pp. 1;*1D F (,*(1.
>7)?
T#N% @ay ((% 1''<% pp. (*(,.
>7D?
T#N 4"rturo 2asobas5% Huly (1% 1''D% pp. 17% 1; F (1J T#N 4Hose 2arrientos5% =ecember 1;% 1''D% pp. 1D*(,J T#N 4Hunnie 2arrientos5% =ecember 1;% 1''D% pp. 7;*7DJ T#N 4cel "rano5% @ay ((% 1''<% pp. 1, F (,.
>7
T#N% "ugust )% 1''<% pp. 1'*7(.
>7'?
T#N% Hanuary 1;% (,,1% pp. 7D*7<.
>-,?
'd .% pp. ;1*;7.
>-1?
'd .% p. 7).
>-(?
/hibits A*A*7 * "ppellant.
>-7?
'bid .
Page 37 of 38
