ESPINA, ELVIE P.

1-JDC
PEOPLE vs GENOSA G.R. NO. 135981 JANUARY 15, 2004
FACTS:
-Ben and Marivic were united in marriage on November 19, 1983 in Ormoc
City. During the first year of marriage Marivic and Ben lived happily but
apparently thereafter, Ben changed and the couple would always quarrel and
sometimes their quarrel becomes violent. Appellant testified that everytime
her husband comes home drunk , he provokes her and sometimes beat her.
However the appellant was able to run to another room .When she was
beaten by her husband, she consulted Medical doctors who testified against
her husband during the trial.
-Appellant admitted killing the victim with the use of a gun. The information
for parricide against appellant, however, alleged that the cause of death of
victim was beating through the use of a lead pipe.Appellant invoke selfdefense and defense of her unborn child. After the trial, the RTC found the
appellant guilty beyond reasonable doubt of the crime of parricide with an
aggravating circumstances of treachery and imposed the penalty of death.
-Appellant filed an urgent Omnibus Motion praying that the court allow (1.)
the exhumation of Ben Genosa and the re-examination of the cause of
death. (2.) the examination of Marivic Genosaby qualified Psychologist and
Psychiatrist to determine her state of mind at the time she killed her
husband; and finally, (3.)the inclusion of the said experts report in the
records of the case for purposes of the automatic review or, in the
alternative, a partial re-opening of the case a QUO to take the testimony of
the said Psychologist and Psychiatrist. Court granted the URGENT OMNIBUS
MOTION of the appellant and remanded the case to Trial Court for reception
of expert psychological and psychiatric opinion of the Battered Women
Syndrome Plea.
ISSUE:
1. WON appellant can invoke the Battered Woman Syndrome as constituting
self-defense
2. WON treachery attended the killing of Ben Genosa
HELD:
1. The Battered Women Syndrome is characterized by the so called Cycle
of Violence which has three phases:
(1.) the tension-building phase;

(2.) the acute battering incident; and

(3.) the tranquil, loving( or, at least, non-violent) phase

The Court however is not discounting the possibility of self- defense arising
from Battered Woman Syndrome. The phases of the cycle of violence must
be proven that the circumstances could satisfy the requisites of self defense.
Under the existing facts, not all elements were established. The defense fell
short of providing all three phases of the cycle of violence supposedly
characterizing the relationship of Ben and Marivic Genosa.
2. NO, because of the gravity of the resulting offense, treachery must be
proved as conclusively as the killing itself, Treachery cannot be appreciated
as qualifying circumstances because the deceased may be said to have been
forewarned and to have anticipated aggression from tha assailant. ; in order
to appreciate treachery, the method of assault adopted by the aggressor
must have been consciously and deliberately chosen for the specific purpose
of accomplishing unlawful act without risk from any defense that might be
put up by the party attacked.
The Supreme Court affirmed the conviction of the appellant for parricide.
However considering
two(2) mitigating circumstances without any
aggravating circumstances, the penalty is reduced to six(6) years and (1)
day prison mayor as minimum; to 14 years 8 months 1 day of reclusion
temporal as maximum.