pp vs genosa gr no 135981.docx

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Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

G.R. No. 135981 January 15, 2004

PEOPLE OF TE P!L!PP!NES, appellee,vs.M"R!#!C GENOS", appellant.

D E C I S I O N

P"NG"N!$"N, J .%

Adittin! she "illed he# husband, appellant ancho#s he# p#a$e# fo# ac%uittal on a novel theo#$ && the'batte#ed (oan s$nd#oe' )B*S+, (hich alle!edl$ constitutes self&defense. nde# the p#ovenfacts, ho(eve#, she is not entitled to coplete e-one#ation because the#e (as no unla(fula!!#ession && no iediate and une-pected attac" on he# b$ he# batte#e#&husband at the tie sheshot hi.

Absent unla(ful a!!#ession, the#e can be no self&defense, coplete o# incoplete.

But all is not lost. he seve#e beatin!s #epeatedl$ inflicted on appellant constituted a fo# ofcuulative p#ovocation that b#o"e do(n he# ps$cholo!ical #esistance and self&cont#ol. his'ps$cholo!ical pa#al$sis' she suffe#ed diinished he# (ill po(e#, the#eb$ entitlin! he# to theiti!atin! facto# unde# pa#a!#aphs / and 01 of A#ticle 02 of the Revised Penal Code.

In addition, appellant should also be c#edited (ith the e-tenuatin! ci#custance of havin! actedupon an ipulse so po(e#ful as to have natu#all$ p#oduced passion and obfuscation. he acutebatte#in! she suffe#ed that fatal ni!ht in the hands of he# batte#e#&spouse, in spite of the fact that she(as ei!ht onths p#e!nant (ith thei# child, ove#(heled he# and put he# in the afo#esaid eotionaland ental state, (hich ove#cae he# #eason and ipelled he# to vindicate he# life and he# unbo#n

child3s.

Conside#in! the p#esence of these t(o iti!atin! ci#custances a#isin! f#o B*S, as (ell as thebenefits of the Indete#inate Sentence 4a(, she a$ no( appl$ fo# and be #eleased f#o custod$on pa#ole, because she has al#ead$ se#ved the iniu pe#iod of he# penalt$ (hile unde# detentiondu#in! the pendenc$ of this case.

T&' Ca('



5o# autoatic #evie( befo#e this Cou#t is the Septebe# 67, 0//8 Decision0 of the Re!ional #ialCou#t )RC+ of O#oc Cit$ )B#anch 27+ in C#iinal Case No. 7109&1, findin! Ma#ivic :enosa !uilt$be$ond #easonable doubt of pa##icide. he dec#etal po#tion of the Decision #eads;

'*<ERE5ORE, afte# all the fo#e!oin! bein! dul$ conside#ed, the Cou#t finds the accused,

Ma#ivic :enosa $ Isid#o, :I4= be$ond #easonable doubt of the c#ie of Pa##icide asp#ovided unde# A#ticle 6>9 of the Revised Penal Code as #esto#ed b$ Sec. 7, RA No. ?97/,and afte# findin! t#eache#$ as a !ene#ic a!!#avatin! ci#custance and none of iti!atin!ci#custance, he#eb$ sentences the accused (ith the penalt$ of DEA<.

'he Cou#t li"e(ise penali@es the accused to pa$ the hei#s of the deceased the su of fift$thousand pesos )P71,111.11+, Philippine cu##enc$ as indenit$ and anothe# su of fift$thousand pesos )P71,111.11+, Philippine cu##enc$ as o#al daa!es.'6

he Info#ation2 cha#!ed appellant (ith pa##icide as follo(s;

'hat on o# about the 07th da$ of Novebe# 0//7, at Ba#an!a$ Bil(an!, Municipalit$ of

Isabel, P#ovince of 4e$te, Philippines and (ithin the u#isdiction of this <ono#able Cou#t, theabove&naed accused, (ith intent to "ill, (ith t#eache#$ and evident p#eeditation, did thenand the#e (ilfull$, unla(full$ and feloniousl$ attac", assault, hit and (ound one BEN:ENOSA, he# le!itiate husband, (ith the use of a ha#d deadl$ (eapon, (hich the accusedhad p#ovided he#self fo# the pu#pose, causin! the follo(in! (ounds, to (it;

3Cadave#ic spas.

3Bod$ on the 6nd sta!e of decoposition.

35ace, blac", blo(nup s(ollen ( evident post&o#te lividit$. E$es p#ot#udin! f#oits soc"ets and ton!ue sli!htl$ p#ot#udes out of the outh.

35#actu#e, open, dep#essed, ci#cula# located at the occipital bone of the head,#esultin! in lace#ation of the b#ain, spontaneous #uptu#e of the blood vessels on theposte#io# su#face of the b#ain, lace#ation of the du#a and enin!eal vesselsp#oducin! seve#e int#ac#anial heo##ha!e.

3Bliste#s at both e-t#eities, ante#io# chest, poste#io# chest, t#un" ( sheddin! of theepide#is.

3Abdoen distended ( !as. #un" bloated.3

(hich caused his death.'>

*ith the assistance of he# counsel,7 appellant pleaded not !uilt$ du#in! he# a##ai!nent on Ma#ch 2,0//?.9 In due cou#se, she (as t#ied fo# and convicted of pa##icide.

T&' Fa)*(

Version of the Prosecution

http://www.lawphil.net/judjuris/juri2004/jan2004/gr_135981_2004.html#fnt1
















he Office of the Solicito# :ene#al )OS:+ sua#i@es the p#osecution3s ve#sion of the facts in this(ise;

'Appellant and Ben :enosa (e#e united in a##ia!e on Novebe# 0/, 0/82 in O#oc Cit$.he#eafte#, the$ lived (ith the pa#ents of Ben in thei# house at Isabel, 4e$te. 5o# a tie,

Ben3s $oun!e# b#othe#, Ale-, and his (ife lived (ith the too. Soetie in 0//7, ho(eve#,appellant and Ben #ented f#o Steban Mati!a a house at Ba#an!a$ Bil(an!, Isabel, 4e$te(he#e the$ lived (ith thei# t(o child#en, nael$; Fohn Ma#ben and Ea#l Pie##e.

'On Novebe# 07, 0//7, Ben and A#tu#o Basobas (ent to a coc"fi!ht afte# #eceivin! thei#sala#$. he$ each had t(o )6+ bottles of bee# befo#e headin! hoe. A#tu#o (ould pass Ben3shouse befo#e #eachin! his. *hen the$ a##ived at the house of Ben, he found out thatappellant had !one to Isabel, 4e$te to loo" fo# hi. Ben (ent inside his house, (hile A#tu#o(ent to a sto#e ac#oss it, (aitin! until /;11 in the evenin! fo# the masiao #unne# to place abet. A#tu#o did not see appellant a##ive but on his (a$ hoe passin! the side of the :enosas3#ented house, he hea#d he# sa$ 3I (on3t hesitate to "ill $ou3 to (hich Ben #eplied 3*h$ "ill e(hen I a innocentG3 hat (as the last tie A#tu#o sa( Ben alive. A#tu#o also noticed that

since then, the :enosas3 #ented house appea#ed uninhabited and (as al(a$s closed.

'On Novebe# 09, 0//7, appellant as"ed E#linda Pade#o!, he# close f#iend and nei!hbo#livin! about fift$ )71+ ete#s f#o he# house, to loo" afte# he# pi! because she (as !oin! toCebu fo# a p#e!nanc$ chec"&up. Appellant li"e(ise as"ed E#linda to sell he# oto#c$cle tothei# nei!hbo# Ronnie Da$anda$an (ho unfo#tunatel$ had no one$ to bu$ it.

'hat sae da$, about 06;07 in the afte#noon, Foseph Halida (as (aitin! fo# a bus !oin! toO#oc (hen he sa( appellant !oin! out of thei# house (ith he# t(o "ids in to(, each oneca##$in! a ba!, loc"in! the !ate and ta"in! he# child#en to the (aitin! a#ea (he#e he (as.Foseph lived about fift$ )71+ ete#s behind the :enosas3 #ented house. Foseph, appellantand he# child#en #ode the sae bus to O#oc. he$ had no conve#sation as Foseph noticedthat appellant did not (ant to tal" to hi.

'On Novebe# 08, 0//7, the nei!hbo#s of Steban Mati!a told hi about the foul odo#eanatin! f#o his house bein! #ented b$ Ben and appellant. Steban (ent the#e to find outthe cause of the stench but the house (as loc"ed f#o the inside. Since he did not have aduplicate "e$ (ith hi, Steban dest#o$ed the !ate padloc" (ith a bo##o(ed steel sa(. <e(as able to !et inside th#ou!h the "itchen doo# but onl$ afte# dest#o$in! a (indo( to #each ahoo" that loc"ed it. Alone, Steban (ent inside the unloc"ed bed#oo (he#e the offensivesell (as coin! f#o. he#e, he sa( the lifeless bod$ of Ben l$in! on his side on the bedcove#ed (ith a blan"et. <e (as onl$ in his b#iefs (ith inu#ies at the bac" of his head. Seein!this, Steban (ent out of the house and sent (o#d to the othe# of Ben about his son3sisfo#tune. 4ate# that da$, Iluinada :enosa, the othe# of Ben, identified the dead bod$ asthat of he# son.

'Mean(hile, in the o#nin! of the sae da$, SPO2 4eo Acodesin, then assi!ned at thepolice station at Isabel, 4e$te, #eceived a #epo#t #e!a#din! the foul sell at the :enosas3#ented house. o!ethe# (ith SPO0 Milla#es, SPO0 Colon, and D#. Refelina Ce#illo, SPO2

Acodesin p#oceeded to the house and (ent inside the bed#oo (he#e the$ found the deadbod$ of Ben l$in! on his side (#apped (ith a bedsheet. he#e (as blood at the nape of Ben(ho onl$ had his b#iefs on. SPO2 Acodesin found in one co#ne# at the side of anaparador aetal pipe about t(o )6+ ete#s f#o (he#e Ben (as, leanin! a!ainst a (all. he etal pipeeasu#ed th#ee )2+ feet and si- )9+ inches lon! (ith a diaete# of one and half )0 06+



inches. It had an open end (ithout a stop valve (ith a #ed stain at one end. he bed#oo(as not in disa##a$.

'About 01;11 that sae o#nin!, the cadave# of Ben, because of its stench, had to be ta"enoutside at the bac" of the house befo#e the posto#te e-aination (as conducted b$ D#.

Ce#illo in the p#esence of the police. A unicipal health office# at Isabel, 4e$te #esponsible fo# edico&le!al cases, D#. Ce#illo found that Ben had been dead fo# t(o to th#ee da$s and hisbod$ (as al#ead$ decoposin!. he posto#te e-aination of D#. Ce#illo $ielded thefindin!s %uoted in the Info#ation fo# pa##icide late# filed a!ainst appellant. She concludedthat the cause of Ben3s death (as 3ca#diopulona#$ a##est seconda#$ to seve#e int#ac#anialheo##ha!e due to a dep#essed f#actu#e of the occipital bone.3

'"++'an* a-/**'- //n $'n. She testified that !oin! hoe afte# (o#" on Novebe# 07,0//7, she !ot (o##ied that he# husband (ho (as not hoe $et i!ht have !one !ablin!since it (as a pa$da$. *ith he# cousin Ecel A#ao, appellant (ent to loo" fo# Ben at thea#"etplace and tave#ns at Isabel, 4e$te but did not find hi the#e. he$ found Ben d#un"upon thei# #etu#n at the :enosas3 house. Ecel (ent hoe despite appellant3s #e%uest fo# he#

to sleep in thei# house.

'hen, Ben pu#po#tedl$ na!!ed appellant fo# follo(in! hi, even challen!in! he# to a fi!ht.She alle!edl$ i!no#ed hi and instead attended to thei# child#en (ho (e#e doin! thei#hoe(o#". Appa#entl$ disappointed (ith he# #eaction, Ben s(itched off the li!ht and, (ith theuse of a choppin! "nife, cut the television antenna o# (i#e to "eep he# f#o (atchin!television. Acco#din! to appellant, Ben (as about to attac" he# so she #an to the bed#oo,but he !ot hold of he# hands and (hi#led he# a#ound. She fell on the side of the bed andsc#eaed fo# help. Ben left. At this point, appellant pac"ed his clothes because she (antedhi to leave. Seein! his pac"ed clothes upon his #etu#n hoe, Ben alle!edl$ fle( into a#a!e, d#a!!ed appellant outside of the bed#oo to(a#ds a d#a(e# holdin! he# b$ the nec",and told he# 3=ou i!ht as (ell be "illed so nobod$ (ould na! e.3 Appellant testified thatshe (as a(a#e that the#e (as a !un inside the d#a(e# but since Ben did not have the "e$ to

it, he !ot a th#ee&inch lon! blade cutte# f#o his (allet. She ho(eve#, 3sashed3 the a# ofBen (ith a pipe, causin! hi to d#op the blade and his (allet. Appellant then 3sashed3 Benat his nape (ith the pipe as he (as about to pic" up the blade and his (allet. She the#eafte##an inside the bed#oo.

'Appellant, ho(eve#, insisted that she ended the life of he# husband b$ shootin! hi. Shesupposedl$ 3disto#ted3 the d#a(e# (he#e the !un (as and shot Ben. <e did not die on thespot, thou!h, but in the bed#oo.'? )Citations oitted+

Version of the Defense

Appellant #elates he# ve#sion of the facts in this anne#;

'0. Ma#ivic and Ben :enosa (e#e alle!edl$ a##ied on Novebe# 0/, 0/82. P#io# to he#a##ia!e, Ma#ivic had !#aduated f#o San Ca#los, Cebu Cit$, obtainin! a de!#ee of Bachelo# of Science in Business Adinist#ation, and (as (o#"in!, at the tie of he# husband3s death,as a Sec#eta#$ to the Po#t Mana!e#s in O#oc Cit$. he couple had th#ee )2+ child#en; FohnMa#ben, Ea#l Pie##e and Ma#ie Bianca.

'6. Ma#ivic and Ben had "no(n each othe# since eleenta#$ schoolJ the$ (e#e nei!hbo#s inBil(an!J the$ (e#e classatesJ and the$ (e#e thi#d de!#ee cousins. Both sets of pa#ents





(e#e a!ainst thei# #elationship, but Ben (as pe#sistent and t#ied to stop othe# suito#s f#ocou#tin! he#. hei# closeness developed as he (as he# constant pa#tne# at fiestas.

'2. Afte# thei# a##ia!e, the$ lived fi#st in the hoe of Ben3s pa#ents, to!ethe# (ith Ben3sb#othe#, Ale-, in Isabel, 4e$te. In the fi#st $ea# of a##ia!e, Ma#ivic and Ben 3lived happil$3.

But appa#entl$, soon the#eafte#, the couple (ould %ua##el often and thei# fi!hts (ould becoeviolent.

'>. Ben3s b#othe#, Ale-, testified fo# the p#osecution that he could not #eebe# (hen Benand Ma#ivic a##ied. <e said that (hen Ben and Ma#ivic %ua##eled, !ene#all$ (hen Ben(ould coe hoe d#un", Ma#ivic (ould inflict inu#ies on hi. <e said that in one incident in0//2 he sa( Ma#ivic holdin! a "itchen "nife afte# Ben had shouted fo# help as his left hand(as cove#ed (ith blood. Ma#ivic left the house but afte# a (ee", she #etu#ned appa#entl$havin! as"ed fo# Ben3s fo#!iveness. In anothe# incident in Ma$ 66, 0//>, ea#l$ o#nin!, Ale-and his fathe# appa#entl$ #ushed to Ben3s aid a!ain and sa( blood f#o Ben3s fo#ehead andMa#ivic holdin! an ept$ bottle. Ben and Ma#ivic #econciled afte# Ma#ivic had appa#entl$a!ain as"ed fo# Ben3s fo#!iveness.

'M#s. Iluinada :enosa, Ma#ivic3s othe#&in&la(, testified too, sa$in! that Ben and Ma#ivica##ied in 30/89 o# 0/87 o#e o# less he#e in 5atia, O#oc Cit$.3 She said as the a##ia!e(ent alon!, Ma#ivic becae 3al#ead$ ve#$ deandin!. M#s. Iluinada :enosa said that afte#the bi#th of Ma#ivic3s t(o sons, the#e (e#e 3th#ee )2+ isunde#standin!s.3 he fi#st (as (henMa#ivic stabbed Ben (ith a table "nife th#ou!h his left a#J the second incident (as onNovebe# 07, 0//>, (hen Ma#ivic st#uc" Ben on the fo#ehead 3usin! a sha#p inst#uent untilthe e$e (as also affected. It (as (ounded and also the ea#3 and he# husband (ent to Ben tohelpJ and the thi#d incident (as in 0//7 (hen the couple had al#ead$ t#ansfe##ed to thehouse in Bil(an! and she sa( that Ben3s hand (as plaste#ed as 3the bone c#ac"ed.3

'Both othe# and son claied the$ b#ou!ht Ben to a Pasa# clinic fo# edical inte#vention.

'7. A#tu#o Basobas, a co&(o#"e# of Ben, testified that on Novebe# 07, 0//7 3Afte# (ecollected ou# sala#$, (e (ent to the coc"&fi!htin! place of ISCO.3 he$ sta$ed the#e fo# th#ee)2+ hou#s, afte# (hich the$ (ent to 3nilo"s3 and d#an" bee# K alle!edl$ onl$ t(o )6+ bottleseach. Afte# d#in"in! the$ bou!ht ba#be%ue and (ent to the :enosa #esidence. Ma#ivic (asnot the#e. <e sta$ed a (hile tal"in! (ith Ben, afte# (hich he (ent ac#oss the #oad to (ait 3fo#the #unne# and the ushe# of the asiao !ae because du#in! that tie, the hea#in! onasiao nube#s (as #apant. I (as (aitin! fo# the ushe#s and #unne#s so that I can place$ bet.3 On his (a$ hoe at about /;11 in the evenin!, he hea#d the :enosas a#!uin!. he$(e#e %ua##elin! loudl$. Outside thei# house (as one 35#edo3 (ho is used b$ Ben to feed hisfi!htin! coc"s. Basobas3 testion$ on the #oot of the %ua##el, convenientl$ ove#hea#d b$ hi(as Ma#ivic sa$in! 3I (ill neve# hesitate to "ill $ou3, (hilst Ben #eplied 3*h$ "ill e (hen I ainnocent.3 Basobas thou!ht the$ (e#e o"in!.

'<e did not hea# the %ua##elin! (hile he (as ac#oss the #oad f#o the :enosa #esidence.Basobas aditted that he and Ben (e#e al(a$s at the coc"pits eve#$ Satu#da$ and Sunda$.<e clais that he once told Ben 3befo#e (hen he (as st#ic"en (ith a bottle b$ Ma#ivic:enosa3 that he should leave he# and that Ben (ould al(a$s ta"e he# bac" afte# she (ouldleave hi 3so an$ ties3.



'Basobas could not #eebe# (hen Ma#ivic had hit Ben, but it (as a lon! tie that the$ hadbeen %ua##elin!. <e said Ben 3even had a (ound3 on the #i!ht fo#ehead. <e had "no(n thecouple fo# onl$ one )0+ $ea#.

'9. Ma#ivic testified that afte# the fi#st $ea# of a##ia!e, Ben becae c#uel to he# and (as a

habitual d#in"e#. She said he p#ovo"ed he#, he (ould slap he#, soeties he (ould pin he#do(n on the bed, and soeties beat he#.

'hese incidents happened seve#al ties and she (ould often #un hoe to he# pa#ents, butBen (ould follo( he# and see" he# out, p#oisin! to chan!e and (ould as" fo# he#fo#!iveness. She said afte# she (ould be beaten, she (ould see" edical help f#o D#. DinoCain!, D#. 4uce#o and D#a. Ce#illo. hese docto#s (ould ente# the inu#ies inflicted upon he#b$ Ben into thei# #epo#ts. Ma#ivic said Ben (ould beat he# o# %ua##el (ith he# eve#$ tie he(as d#un", at least th#ee ties a (ee".

'?. In he# defense, (itnesses (ho (e#e not so closel$ #elated to Ma#ivic, testified as to theabuse and violence she #eceived at the hands of Ben.

3?.0. M#. Foe Ba##ientos, a fishe#an, (ho (as a nei!hbo# of the :enosas, testified that onNovebe# 07, 0//7, he ove#hea#d a %ua##el bet(een Ben and Ma#ivic. Ma#ivic (as shoutin!fo# help and th#ou!h the open alousies, he sa( the spouses 3!#applin! (ith each othe#3. Benhad Ma#ivic in a cho"e hold. <e did not do an$thin!, but had coe volunta#il$ to testif$.)Please note this was the same night as that testified to by Arturo Busabos.8+

3?.6. M#. Funnie Ba##ientos, also a fishe#an, and the b#othe# of M#. Foe Ba##ientos, testifiedthat he hea#d his nei!hbo# Ma#ivic shoutin! on the ni!ht of Novebe# 07, 0//7. <e peepedth#ou!h the (indo( of his hut (hich is located beside the :enosa house and sa( 3thespouses !#applin! (ith each othe# then Ben :enosa (as holdin! (ith his both hands thenec" of the accused, Ma#ivic :enosa3. <e said afte# a (hile, Ma#ivic (as able to e-t#icatehe#self and ente# the #oo of the child#en. Afte# that, he (ent bac" to (o#" as he (as to !ofishin! that evenin!. <e #etu#ned at 8;11 the ne-t o#nin!. ) Again, please note that this wasthe same night as that testified to by Arturo Basobas+.

3?.2. M#. eodo#o Sa#abia (as a fo#e# nei!hbo# of the :enosas (hile the$ (e#e livin! inIsabel, 4e$te. <is house (as located about fift$ )71+ ete#s f#o thei#s. Ma#ivic is his nieceand he "ne( the to be livin! to!ethe# fo# 02 o# 0> $ea#s. <e said the couple (as al(a$s%ua##elin!. Ma#ivic confided in hi that Ben (ould pa(n ites and then (ould use theone$ to !able. One tie, he (ent to thei# house and the$ (e#e %ua##elin!. Ben (as soan!#$, but (ould be pacified 3if soebod$ (ould coe.3 <e testified that (hile Ben (as alive3he used to !able and (hen he becae d#un", he (ould !o to ou# house and he (ill sa$,3eod$3 because that (as (hat he used to call e, 3o"ias ta,3 (hich eans 3let3s !o andloo" fo# a (ho#e.3 M#. Sa#abia fu#the# testified that Ben 3(ould bo- his (ife and I (ould see

b#uises and one tie she #an to e, I noticed a (ound )the (itness pointed to his #i!htb#east+ as acco#din! to he# a "nife (as st#ic"en to he#.3 M#. Sa#abia also said that once hesa( Ben had been inu#ed too. <e said he volunta#il$ testified onl$ that o#nin!.

3?.>. Miss Ecel A#ano, an 08&$ea# old student, (ho is a cousin of Ma#ivic, testified that in theafte#noon of Novebe# 07, 0//7, Ma#ivic (ent to he# house and as"ed he# help to loo" fo#Ben. he$ sea#ched in the a#"et place, seve#al tave#ns and soe othe# places, but couldnot find hi. She accopanied Ma#ivic hoe. Ma#ivic (anted he# to sleep (ith he# in the:enosa house 3because she i!ht be batte#ed b$ he# husband.3 *hen the$ !ot to the





:enosa house at about ?;11 in the evenin!, Miss A#ano said that 3he# husband (as al#ead$the#e and (as d#un".3 Miss A#ano "ne( he (as d#un" 3because of his sta!!e#in! (al"in! andI can also detect his face.3 Ma#ivic ente#ed the house and she hea#d the %ua##el noisil$.)A!ain, please note that this is the sae ni!ht as that testified to b$ A#tu#o Basobas+ Miss

A#ano testified that this (as not the fi#st tie Ma#ivic had as"ed he# to sleep in the house as

Ma#ivic (ould be af#aid eve#$ tie he# husband (ould coe hoe d#un". At one tie (henshe did sleep ove#, she (as a(a"ened at 01;11 in the evenin! (hen Ben a##ived becausethe couple 3(e#e ve#$ nois$ in the sala and I had hea#d soethin! (as b#o"en li"e a vase.3She said Ma#ivic #an into he# #oo and the$ loc"ed the doo#. *hen Ben couldn3t !et in he !ota chai# and a "nife and 3sho(ed us the "nife th#ou!h the (indo( !#ill and he sca#ed us.3 Shesaid that Ma#ivic shouted fo# help, but no one cae. On c#oss&e-aination, she said that(hen she left Ma#ivic3s house on Novebe# 07, 0//7, the couple (e#e still %ua##elin!.

3?.7. D#. Dino Cain!, a ph$sician testified that he and Ma#ivic (e#e co&eplo$ees atP<I4P<OS, Isabel, 4e$te. Ma#ivic (as his patient 3an$ ties3 and had also #eceivedt#eatent f#o othe# docto#s. D#. Cain! testified that f#o Ful$ 9, 0/8/ until Novebe# /,0//7, the#e (e#e si- )9+ episodes of ph$sical inu#ies inflicted upon Ma#ivic. hese inu#ies(e#e #epo#ted in his Out&Patient Cha#t at the P<I4P<OS <ospital. he p#osecution adittedthe %ualifications of D#. Cain! and conside#ed hi an e-pe#t (itness.3

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3D#. Cain!3s clinical histo#$ of the tension headache and h$pe#tention of Ma#ivic on t(ent$&th#ee )62+ sepa#ate occasions (as a#"ed at E-hibits 363 and 36&B.3 he OPD Cha#t ofMa#ivic at the Philphos Clinic (hich #eflected all the consultations ade b$ Ma#ivic andthe si- )9+ incidents of ph$sical inu#ies #epo#ted(as a#"ed as E-hibit 32.3

'On c#oss&e-aination, D#. Cain! said that he is not a ps$chiat#ist, he could not sa$ (hethe#the inu#ies (e#e di#ectl$ #elated to the c#ie coitted. <e said it is onl$ a ps$chiat#ist (hois %ualified to e-aine the ps$cholo!ical a"e&up of the patient, 3(hethe# she is capable of

coittin! a c#ie o# not.3

3?.9 M#. Panfilo e#o, the ba#an!a$ captain in the place (he#e the :enosas #esided, testifiedthat about t(o )6+ onths befo#e Ben died, Ma#ivic (ent to his office past 8;11 in theevenin!. She sou!ht his help to settle o# conf#ont the :enosa couple (ho (e#e e-pe#iencin!3fail$ t#oubles3. <e told Ma#ivic to #etu#n in the o#nin!, but he did not hea# f#o he# a!ainand assued 3that the$ i!ht have settled (ith each othe# o# the$ i!ht have fo#!iven (itheach othe#.3

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'Ma#ivic said she did not p#ovo"e he# husband (hen she !ot hoe that ni!ht it (as he#

husband (ho be!an the p#ovocation. Ma#ivic said she (as f#i!htened that he# husband(ould hu#t he# and she (anted to a"e su#e she (ould delive# he# bab$ safel$. In fact,Ma#ivic had to be aditted late# at the Ri@al Medical Cent#e as she (as suffe#in! f#oeclapsia and h$pe#tension, and the bab$ (as bo#n p#eatu#el$ on Decebe# 0, 0//7.

'Ma#ivic testified that du#in! he# a##ia!e she had t#ied to leave he# husband at least five )7+ties, but that Ben (ould al(a$s follo( he# and the$ (ould #econcile. Ma#ivic said that the#eason (h$ Ben (as violent and abusive to(a#ds he# that ni!ht (as because 3he (as c#a@$about his #ecent !i#lf#iend, 4ulu - - - Rubillos.3



'On c#oss&e-aination, Ma#ivic insisted she shot Ben (ith a !unJ she said that he died in thebed#ooJ that thei# %ua##els could be hea#d b$ an$one passin! thei# houseJ that Basobaslied in his testion$J that she left fo# Manila the ne-t da$, Novebe# 09, 0//7J that she didnot bothe# an$one in Manila, #ented he#self a #oo, and !ot he#self a ob as a field#esea#che# unde# the alias 3Ma#velous Isid#o3J she did not tell an$one that she (as leavin!

4e$te, she ust (anted to have a safe delive#$ of he# bab$J and that she (as a##ested in SanPablo, 4a!una.

3Ans(e#in! %uestions f#o the Cou#t, Ma#ivic said that she th#e( the !un a(a$J that she didnot "no( (hat happened to the pipe she used to 3sash hi once3J that she (as (oundedb$ Ben on he# (#ist (ith the boloJ and that t(o )6+ hou#s afte# she (as 3(hi#led3 b$ Ben, he"ic"ed he# 3ass3 and d#a!!ed he# to(a#ds the d#a(e# (hen he sa( that she had pac"ed histhin!s.3

'/. he bod$ of Ben :enosa (as found on Novebe# 08, 0//7 afte# an investi!ation (asade of the foul odo# eittin! f#o the :enosa #esidence. his fact (as testified to b$ all thep#osecution (itnesses and soe defense (itnesses du#in! the t#ial.

'01. D#a. Refelina =. Ce#illo, a ph$sician, (as the Municipal <ealth Office# of Isabel, 4e$te atthe tie of the incident, and aon! he# #esponsibilities as such (as to ta"e cha#!e of alledico&le!al cases, such as the e-aination of cadave#s and the autops$ of cadave#s. D#a.Ce#illo is not a fo#ensic patholo!ist. She e#el$ too" the edical boa#d e-as and passed in0/89. She (as called b$ the police to !o to the :enosa #esidence and (hen she !ot the#e,she sa( 3soe police office# and nei!hbo# a#ound.3 She sa( Ben :enosa, cove#ed b$ ablan"et, l$in! in a sei&p#one position (ith his bac" to the doo#. <e (as (ea#in! onl$ a b#ief.

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'D#a. Ce#illo said that 3the#e is onl$ one inu#$ and that is the inu#$ involvin! the s"eletal a#eaof the head3 (hich she desc#ibed as a 3f#actu#e3. And that based on he# e-aination, Ben hadbeen dead 6 o# 2 da$s. D#a. Ce#illo did not testif$ as to (hat caused his death.

'D#a. Ce#illo (as not c#oss&e-ained b$ defense counsel.

'00. he Info#ation, dated Novebe# 0>, 0//9, filed a!ainst Ma#ivic :enosa cha#!ed he#(ith the c#ie of PARRICIDE coitted 3(ith intent to "ill, (ith t#eache#$ and evidencep#eeditation, - - - (ilfull$, unla(full$ and feloniousl$ attac", assault, hit and (ound - - -he# le!itiate husband, (ith the use of a ha#d deadl$ (eapon - - - (hich caused his death.3

'06. #ial too" place on ? and 0> Ap#il 0//?, 0> Ma$ 0//?, 60 Ful$ 0//?, 0?, 66 and 62Septebe# 0//?, 06 Novebe# 0//?, 07 and 09 Decebe# 0//?, 66 Ma$ 0//8, and 7 and 9

Au!ust 0//8.

'02. On 62 Septebe# 0//8, o# onl$ fift$ )71+ da$s f#o the da$ of the last t#ial date, the<on. 5o#tunito 4. Mad#ona, P#esidin! Fud!e, RC&B#anch 27, O#oc Cit$, #ende#ed aFD:MEN findin! Ma#ivic !uilt$ 3be$ond #easonable doubt3 of the c#ie of pa##icide, andfu#the# found t#eache#$ as an a!!#avatin! ci#custance, thus sentencin! he# to the ultiatepenalt$ of DEA<.



'0>. he case (as elevated to this <ono#able Cou#t upon autoatic #evie( and, unde# dateof 6> Fanua#$ 6111, Ma#ivic3s t#ial la($e#, Att$. :il Ma#vel P. abucanon, filed a Motion to*ithd#a( as counsel, attachin! the#eto, as a p#ecautiona#$ easu#e, t(o )6+ d#afts of

Appellant3s B#iefs he had p#epa#ed fo# Ma#ivic (hich, fo# #easons of he# o(n, (e#e notconfo#ed to b$ he#.

'he <ono#able Cou#t allo(ed the (ithd#a(al of Att$. abucanon and pe#itted the ent#$ ofappea#ance of unde#si!ned counsel.

'07. *ithout the "no(led!e of counsel, Ma#ivic :enosa (#ote a lette# dated 61 Fanua#$6111, to the Chief Fustice, cou#sin! the sae th#ou!h Att$. e#esita :. Diaisip, Deput$Cle#" of Cou#t of Chief Fudicial Reco#ds Office, (he#ein she subitted he# 3B#ief (ithoutcounsels3 to the Cou#t.

'his lette# (as stap&#eceived b$ the <ono#able Cou#t on > 5eb#ua#$ 6111.

'09. In the eantie, unde# date of 0? 5eb#ua#$ 6111, and stap&#eceived b$ the <ono#able

Cou#t on 0/ 5eb#ua#$ 6111, unde#si!ned counsel filed an R:EN OMNIBS MOIONp#a$in! that the <ono#able Cou#t allo( the e-huation of Ben :enosa and the #e&e-aination of the cause of his deathJ allo( the e-aination of Ma#ivic :enosa b$ %ualifiedps$cholo!ists and ps$chiat#ists to dete#ine he# state of ind at the tie she "illed he#husbandJ and finall$, to allo( a pa#tial #e&openin! of the case a quo to ta"e the testion$ ofsaid ps$cholo!ists and ps$chiat#ists.

'Attached to the R:EN OMNIBS MOION (as a lette# of D#. Ra%uel 5o#tun, then theonl$ %ualified fo#ensic patholo!ist in the count#$, (ho opined that the desc#iption of the death(ound )as culled f#o the post&o#te findin!s, E-hibit 3A3+ is o#e a"in to a !unshot (oundthan a beatin! (ith a lead pipe.

'0?. In a RESO4ION dated 6/ Septebe# 6111, the <ono#able Cou#t pa#tl$ !#antedMa#ivic3s R:EN OMNIBS MOION and #eanded the case 3to the t#ial cou#t fo# the#eception of e-pe#t ps$cholo!ical ando# ps$chiat#ic opinion on the 3batte#ed (oans$nd#oe3 plea, (ithin ninet$ )/1+ da$s f#o notice, and, the#eafte# to fo#th(ith #epo#t to thisCou#t the p#oceedin!s ta"en, to!ethe# (ith the copies of the SN and #elevant docuenta#$evidence, if an$, subitted.3

'08. On 07 Fanua#$ 6110, D#a. Natividad A. Da$an appea#ed and testified befo#e the <on.5o#tunito 4. Mad#ona, RC&B#anch 27, O#oc Cit$.

'Iediatel$ befo#e D#a. Da$an (as s(o#n, the Cou#t a quo as"ed if she had inte#vie(edMa#ivic :enosa. D#a. Da$an info#ed the Cou#t that inte#vie(s (e#e done at the PenalInstitution in 0///, but that the clinical inte#vie(s and ps$cholo!ical assessent (e#e done

at he# clinic.

'D#a. Da$an testified that she has been a clinical ps$cholo!ist fo# t(ent$ )61+ $ea#s (ith he#o(n p#ivate clinic and connected p#esentl$ to the De 4a Salle nive#sit$ as a p#ofesso#.Befo#e this, she (as the <ead of the Ps$cholo!$ Depa#tent of the Assuption Colle!eJ aebe# of the facult$ of Ps$cholo!$ at the Ateneo de Manila nive#sit$ and St. Foseph3sColle!eJ and (as the counselin! ps$cholo!ist of the National Defense Colle!e. She has an

AB in Ps$cholo!$ f#o the nive#sit$ of the Philippines, a Maste# of A#ts in ClinicalCounselin!, Ps$cholo!$ f#o the Ateneo, and a PhD f#o the .P. She (as the past



p#esident of the Ps$cholo!ical Association of the Philippines and is a ebe# of the Ae#ican Ps$cholo!ical Association. She is the sec#eta#$ of the Inte#national Council ofPs$cholo!ists f#o about 98 count#iesJ a ebe# of the 5o#ensic Ps$cholo!$ AssociationJand a ebe# of the ASEAN Counselin! Association. She is activel$ involved (ith thePhilippine Fudicial Acade$, #ecentl$ lectu#in! on the socio&deo!#aphic and ps$cholo!ical

p#ofile of failies involved in doestic violence and nullit$ cases. She (as (ith the DavideCoission doin! #esea#ch about Milita#$ Ps$cholo!$. She has (#itten a boo" entitled3Ene#!$ :lobal Ps$cholo!$3 )to!ethe# (ith D#s. Allan an and Allan Be#na#do+. he :enosacase is the fi#st tie she has testified as an e-pe#t on batte#ed (oen as this is the fi#st caseof that natu#e.

'D#a. Da$an testified that fo# the #esea#ch she conducted, on the socio&deo!#aphic andps$cholo!ical p#ofile of failies involved in doestic violence, and nullit$ cases, she loo"edat about 711 cases ove# a pe#iod of ten )01+ $ea#s and discove#ed that 3the#e a#e lots ofva#iables that cause all of this a#ital conflicts, f#o doestic violence to infidelit$, tops$chiat#ic diso#de#.3

'D#a. Da$an desc#ibed doestic violence to cop#ise of 3a lot of incidents of ps$cholo!icalabuse, ve#bal abuse, and eotional abuse to ph$sical abuse and also se-ual abuse.3

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'D#a. Da$an testified that in he# studies, 3the batte#ed (oan usuall$ has a ve#$ lo( opinionof he#self. She has a self&defeatin! and self&sac#ificin! cha#acte#istics. - - - the$ usuall$thin" ve#$ lo(l$ of theselves and so (hen the violence (ould happen, the$ usuall$ thin"that the$ p#ovo"e it, that the$ (e#e the one (ho p#ecipitated the violence, the$ p#ovo"e thei#spouse to be ph$sicall$, ve#ball$ and even se-uall$ abusive to the.3 D#a. Da$an said thatusuall$ a batte#ed - - - coes f#o a d$sfunctional fail$ o# f#o 3b#o"en hoes.3

'D#a. Da$an said that the batte#e#, ust li"e the batte#ed (oan, 3also has a ve#$ lo( opinionof hiself. But then ee#!es to have supe#io#it$ cople- and it coes out as bein! ve#$a##o!ant, ve#$ hostile, ve#$ a!!#essive and ve#$ an!#$. he$ also had )sic+ a ve#$ lo(tole#ance fo# f#ust#ations. A lot of ties the$ a#e involved in vices li"e !ablin!, d#in"in! andd#u!s. And the$ becoe violent.3 he batte#e# also usuall$ coes f#o a d$sfunctional fail$(hich ove#&pape#s the and a"es the feel entitled to do an$thin!. Also, the$ see oftenho( thei# pa#ents abused each othe# so 3the#e is a lot of odelin! of a!!#ession in thefail$.3

'D#a. Da$an testified that the#e a#e a lot of #easons (h$ a batte#ed (oan does not leavehe# husband; pove#t$, self&blae and !uilt that she p#ovo"ed the violence, the c$cle itself(hich a"es he# hope he# husband (ill chan!e, the belief in he# obli!ations to "eep thefail$ intact at all costs fo# the sa"e of the child#en.

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'D#a. Da$an said that abused (ives #eact diffe#entl$ to the violence; soe leave the house,o# loc" theselves in anothe# #oo, o# soeties t#$ to fi!ht bac" t#i!!e#in! 3ph$sicalviolence on both of the.3 She said that in a 3no#al a#ital #elationship,3 abuses alsohappen, but these a#e 3not consistent, not ch#onic, a#e not happenin! da$ in and da$ out.3 Inan 3abno#al a#ital #elationship,3 the abuse occu#s da$ in and da$ out, is lon! lastin! and3even (ould cause hospitali@ation on the victi and even death on the victi.3



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'D#a. Da$an said that as a #esult of the batte#$ of ps$cholo!ical tests she adiniste#ed, it(as he# opinion that Ma#ivic fits the p#ofile of a batte#ed (oan because 3inspite of he#feelin! of self&confidence (hich (e can see at ties the#e a#e #eall$ feelin! )sic+ of loss,

such feelin!s of huiliation (hich she sees he#self as daa!ed and as a b#o"en pe#son. And at the sae tie she still has the ip#int of all the abuses that she had e-pe#ienced inthe past.3

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'D#a. Da$an said Ma#ivic thou!ht of he#self as a lovin! (ife and did not even conside# filin!fo# nullit$ o# le!al sepa#ation inspite of the abuses. It (as at the tie of the t#a!ed$ thatMa#ivic then thou!ht of he#self as a victi.

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'0/. On / 5eb#ua#$ 6110, D#. Alf#edo Paa#illo, a ph$sician, (ho has since passed a(a$,appea#ed and testified befo#e RC&B#anch 27, O#oc Cit$.

'D#. Paa#illo (as a Diploate of the Philippine Boa#d of Ps$chiat#$J a 5ello( of thePhilippine Boa#d of Ps$chiat#$ and a 5ello( of the Philippine Ps$chiat#$ Association. <e (asin the p#actice of ps$chiat#$ fo# thi#t$&ei!ht )28+ $ea#s. P#io# to bein! in p#ivate p#actice, he(as connected (ith the Hete#ans Meo#ial Medical Cent#e (he#e he !ained his t#ainin! onps$chiat#$ and neu#olo!$. Afte# that, he (as called to active dut$ in the A#ed 5o#ces of thePhilippines, assi!ned to the H. 4una Medical Cente# fo# t(ent$ si- )69+ $ea#s. P#io# to his#eti#eent f#o !ove#nent se#vice, he obtained the #an" of B#i!adie# :ene#al. <e obtainedhis edical de!#ee f#o the nive#sit$ of Santo oas. <e (as also a ebe# of the *o#ld

Association of Milita#$ Su#!eonsJ the Lue@on Cit$ Medical Societ$J the Ca!a$an Medical

Societ$J and the Philippine Association of Milita#$ Su#!eons.

'<e autho#ed 3he Copa#ative Anal$sis of Ne#vous B#ea"do(n in the Philippine Milita#$ Acade$ f#o the Pe#iod 0/7> K 0/?83 (hich (as p#esented t(ice in inte#nationalcon!#esses. <e also autho#ed 3he Mental <ealth of the A#ed 5o#ces of the Philippines61113, (hich (as li"e(ise published inte#nationall$ and locall$. <e had a edical te-tboo"published on the use of P#asepa on a Pa#"e&Davis !#antJ (as the fi#st to use Enanthate)si%uiline+, on an E.R. S%uibb !#antJ and he published the use of the d#u! opiclo in 0/87&89.

'D#. Paa#illo e-plained that ps$chiat#$ deals (ith the functional diso#de# of the ind andneu#olo!$ deals (ith the ailent of the b#ain and spinal co#d enla#!ed. Ps$cholo!$, on theothe# hand, is a bachelo# de!#ee and a docto#ate de!#eeJ (hile one has to finish edicine to

becoe a specialist in ps$chiat#$.

'Even onl$ in his ?th $ea# as a #esident in H. 4una Medical Cent#e, D#. Paa#illo had al#ead$encounte#ed a suit involvin! violent fail$ #elations, and testified in a case in 0/9>. In the

A#ed 5o#ces of the Philippines, violent fail$ disputes abound, and he has seen p#obabl$ten to t(ent$ thousand cases. In those da$s, the p#io#dial intention of the#ap$ (as#econciliation. As a #esult of his e-pe#ience (ith doestic violence cases, he becae aconsultant of the Batte#ed *oan Office in Lue@on Cit$ unde# Att$. Nenita Dep#o@a.



'As such consultant, he had seen a#ound fo#t$ )>1+ cases of seve#e doestic violence,(he#e the#e is ph$sical abuse; such as slappin!, pushin!, ve#bal abuse, batte#in! andbo-in! a (oan even to an unconscious state such that the (oan is soeties confined.he affliction of Post&#auatic St#ess Diso#de# 3depends on the vulne#abilit$ of the victi.3D#. Paa#illo said that if the victi is not ve#$ health$, pe#haps one episode of violence a$

induce the diso#de#J if the ps$cholo!ical staina and ph$siolo!ic constitutional staina ofthe victi is st#on!e#, 3it (ill ta"e o#e #epetitive t#aua to p#ecipitate the post&t#auaticst#ess diso#de# and this - - - is ve#$ dan!e#ous.3

'In ps$chiat#$, the post&t#auatic st#ess diso#de# is inco#po#ated unde# the 3an-iet$ neu#osiso# neu#olo!ic an-cietis.3 It is p#oduced b$ 3ove#(helin! b#utalit$, t#aua.3

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'D#. Paa#illo e-plained that (ith 3neu#otic an-iet$3, the victi #elives the beatin! o# t#aua asif it (e#e #eal, althou!h she is not actuall$ bein! beaten at that tie. She thin"s 3of nothin!but the suffe#in!.3

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'A (oan (ho suffe#s batte#$ has a tendenc$ to becoe neu#otic, he# eotional tone isunstable, and she is i##itable and #estless. She tends to becoe ha#d&headed and pe#sistent.She has hi!he# sensitivit$ and he# 3self&(o#ld3 is daa!ed.

'D#. Paa#illo said that an abno#al fail$ bac"!#ound #elates to an individual3s illness, suchas the dep#ivation of the continuous ca#e and love of the pa#ents. As to the batte#e#, heno#all$ 3inte#nali@es (hat is a#ound hi (ithin the envi#onent.3 And it becoes his o(npe#sonalit$. <e is ve#$ copetitiveJ he is aiin! hi!h all the tieJ he is so achoJ he sho(shis st#on! faade 3but in it the#e a#e doubts in hiself and p#one to act (ithout thin"in!.3

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'D#. Paa#illo ephasi@ed that 3even thou!h (ithout the p#esence of the p#ecipato# )sic+ o# theone (ho adiniste#ed the batte#in!, that #e&e-pe#iencin! of the t#aua occu##ed )sic+because the individual cannot cont#ol it. It (ill ust coe up in he# ind o# in his ind.3

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'D#. Paa#illo said that a (oan suffe#in! post t#auatic st#ess diso#de# t#$ to defendtheselves, and 3p#ia#il$ (ith "nives. suall$ pointed (eapons o# an$ (eapon that isavailable in the iediate su##oundin! o# in a hospital - - - because that abound in the

household.3 <e said a victi #eso#ts to (eapons (hen she has 3#eached the lo(est #oc"botto of he# life and the#e is no othe# #ecou#se left on he# but to act decisivel$.3

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'D#. Paa#illo testified that he et Ma#ivic :enosa in his office in an inte#vie( he conductedfo# t(o )6+ hou#s and seventeen )0?+ inutes. <e used the ps$cholo!ical evaluation andsocial case studies as a help in fo#in! his dia!nosis. <e cae out (ith a Ps$chiat#icRepo#t, dated 66 Fanua#$ 6110.



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'On c#oss&e-aination b$ the p#ivate p#osecuto#, D#. Paa#illo said that at the tie she "illedhe# husband Ma#ivic3c ental condition (as that she (as 3#e&e-pe#iencin! the t#aua.3 <esaid 3that (e a#e t#$in! to e-plain scientificall$ that the #e&e-pe#iencin! of the t#aua is not

cont#olled b$ Ma#ivic. It (ill ust coe in flashes and p#obabl$ at that point in tie that thin!shappened (hen the #e&e-pe#iencin! of the t#aua flashed in he# ind.3 At the tie heinte#vie(ed Ma#ivic 3she (as o#e subdued, she (as not supe# ale#t an$o#e - - - she isentall$ st#ess )sic+ because of the p#edicaent she is involved.3

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'61. No #ebuttal evidence o# testion$ (as p#esented b$ eithe# the p#ivate o# the publicp#osecuto#. hus, in acco#d (ith the Resolution of this <ono#able Cou#t, the #eco#ds of thepa#tiall$ #e&opened t#ial a quo (e#e elevated.'/

Ru/n o *&' Tr/a Cour*

5indin! the p#offe#ed theo#$ of self&defense untenable, the RC !ave c#edence to the p#osecutionevidence that appellant had "illed the deceased (hile he (as in bed sleepin!. 5u#the#, the t#ial cou#tapp#eciated the !ene#ic a!!#avatin! ci#custance of t#eache#$, because Ben :enosa (assupposedl$ defenseless (hen he (as "illed && l$in! in bed asleep (hen Ma#ivic sashed hi (ith apipe at the bac" of his head.

he capital penalt$ havin! been iposed, the case (as elevated to this Cou#t fo# autoatic #evie(.

Supervening Circumstances

On 5eb#ua#$ 0/, 6111, appellant filed an #!ent Onibus Motion p#a$in! that this Cou#t allo( )0+ the

e-huation of Ben :enosa and the #ee-aination of the cause of his deathJ )6+ the e-aination ofappellant b$ %ualified ps$cholo!ists and ps$chiat#ists to dete#ine he# state of ind at the tie shehad "illed he# spouseJ and )2+ the inclusion of the said e-pe#ts3 #epo#ts in the #eco#ds of the case fo#pu#poses of the autoatic #evie( o#, in the alte#native, a pa#tial #eopenin! of the case fo# the lo(e#cou#t to adit the e-pe#ts3 testionies.

On Septebe# 6/, 6111, this Cou#t issued a Resolution !#antin! in pa#t appellant3s Motion,#eandin! the case to the t#ial cou#t fo# the #eception of e-pe#t ps$cholo!ical ando# ps$chiat#icopinion on the 'batte#ed (oan s$nd#oe' pleaJ and #e%ui#in! the lo(e# cou#t to #epo#t the#eafte# tothis Cou#t the p#oceedin!s ta"en as (ell as to subit copies of the SN and additional evidence, ifan$.

Actin! on the Cou#t3s Resolution, the t#ial ud!e autho#i@ed the e-aination of Ma#ivic b$ t(o clinicalps$cholo!ists, D#s. Natividad Da$an01 and Alf#edo Paa#illo,00 supposedl$ e-pe#ts on doesticviolence. hei# testionies, alon! (ith thei# docuenta#$ evidence, (e#e then p#esented to andaditted b$ the lo(e# cou#t befo#e finall$ bein! subitted to this Cou#t to fo# pa#t of the #eco#ds ofthe case.06

T&' !((u'(

Appellant assi!ns the follo(in! alle!ed e##o#s of the t#ial cou#t fo# this Cou#t3s conside#ation;












'0. he t#ial cou#t !#avel$ e##ed in p#oul!atin! an obviousl$ hast$ decision (ithout #eflectin!on the evidence adduced as to self&defense.

'6. he t#ial cou#t !#avel$ e##ed in findin! as a fact that Ben and Ma#ivic :enosa (e#e le!all$a##ied and that she (as the#efo#e liable fo# pa##icide.

'2. he t#ial cou#t !#avel$ e##ed findin! the cause of death to be b$ beatin! (ith a pipe.

'>. he t#ial cou#t !#avel$ e##ed in i!no#in! and dis#e!a#din! evidence adduced f#o ipa#tialand unbiased (itnesses that Ben :enosa (as a d#un", a !able#, a (oani@e# and (ife&beate#J and fu#the# !#avel$ e##ed in concludin! that Ben :enosa (as a batte#ed husband.

'7. he t#ial cou#t !#avel$ e##ed in not #e%ui#in! testion$ f#o the child#en of Ma#ivic:enosa.

'9. he t#ial cou#t !#avel$ e##ed in concludin! that Ma#ivic3s fli!ht to Manila and he#subse%uent apolo!ies (e#e indicia of !uilt, instead of a clea# attept to save the life of he#

unbo#n child.

'?. he t#ial cou#t !#avel$ e##ed in concludin! that the#e (as an a!!#avatin! ci#custance oft#eache#$.

'8. he t#ial cou#t !#avel$ e##ed in #efusin! to #e&evaluate the t#aditional eleents indete#inin! the e-istence of self&defense and defense of foetus in this case, the#eb$e##oneousl$ convictin! Ma#ivic :enosa of the c#ie of pa##icide and condenin! he# to theultiate penalt$ of death.'02

In the ain, the follo(in! a#e the essential le!al issues; )0+ (hethe# appellant acted in self&defenseand in defense of he# fetusJ and )6+ (hethe# t#eache#$ attended the "illin! of Ben :enosa.

T&' Cour*( Ru/n

he appeal is pa#tl$ e#ito#ious.

Coa*'ra Fa)*ua !((u'(

he fi#st si- assi!ned e##o#s #aised b$ appellant a#e factual in natu#e, if not collate#al to the #esolutionof the p#incipal issues. As consistentl$ held b$ this Cou#t, the findin!s of the t#ial cou#t on thec#edibilit$ of (itnesses and thei# testionies a#e entitled to a hi!h de!#ee of #espect and (ill not bedistu#bed on appeal in the absence of an$ sho(in! that the t#ial ud!e !#avel$ abused his disc#etiono# ove#loo"ed, isunde#stood o# isapplied ate#ial facts o# ci#custances of (ei!ht and substance

that could affect the outcoe of the case.0>

In appellant3s fi#st si- assi!ned ites, (e find no !#ave abuse of disc#etion, #eve#sible e##o# o#isapp#eciation of ate#ial facts that (ould #eve#se o# odif$ the t#ial cou#t3s disposition of the case.In an$ event, (e (ill no( b#iefl$ dispose of these alle!ed e##o#s of the t#ial cou#t.

First , (e do not a!#ee that the lo(e# cou#t p#oul!ated 'an obviousl$ hast$ decision (ithout#eflectin! on the evidence adduced as to self&defense.' *e note that in his 0?&pa!e Decision, Fud!e5o#tunito 4. Mad#ona sua#i@ed the testionies of both the p#osecution and the defense







(itnesses and && on the basis of those and of the docuenta#$ evidence on #eco#d && ade hisevaluation, findin!s and conclusions. <e (#ote a 2&pa!e discou#se assessin! the testion$ and theself&defense theo#$ of the accused. *hile she, o# even this Cou#t, a$ not a!#ee (ith the t#ial

ud!e3s conclusions, (e cannot pe#epto#il$ conclude, absent substantial evidence, that he failed toreflect on the evidence p#esented.

Neithe# do (e find the appealed Decision to have been ade in an 'obviousl$ hast$' anne#. heInfo#ation had been filed (ith the lo(e# cou#t on Novebe# 0>, 0//9. he#eafte#, t#ial be!an and atleast 02 hea#in!s (e#e held fo# ove# a $ea#. It too" the t#ial ud!e about t(o onths f#o theconclusion of t#ial to p#oul!ate his ud!ent. hat he conducted the t#ial and #esolved the case(ith dispatch should not be ta"en a!ainst hi, uch less used to conden hi fo# bein! undul$hast$. If at all, the dispatch (ith (hich he handled the case should be lauded. In an$ case, (e findhis actions in substantial copliance (ith his constitutional obli!ation.07

Second , the lo(e# cou#t did not e## in findin! as a fact that Ben :enosa and appellant had beenle!all$ a##ied, despite the non&p#esentation of thei# a##ia!e cont#act. In People v. Malabago,09 thisCou#t held;

'he "e$ eleent in pa##icide is the #elationship of the offende# (ith the victi. In the case ofpa##icide of a spouse, the best p#oof of the #elationship bet(een the accused and thedeceased is the a##ia!e ce#tificate. In the absence of a a##ia!e ce#tificate, ho(eve#, o#alevidence of the fact of a##ia!e a$ be conside#ed b$ the t#ial cou#t if such p#oof is notobected to.'

(o of the p#osecution (itnesses && nael$, the othe# and the b#othe# of appellant3s deceasedspouse && attested in cou#t that Ben had been a##ied to Ma#ivic.0? he defense #aised no obectionto these testionies. Mo#eove#, du#in! he# di#ect e-aination, appellant he#self ade a udicialadission of he# a##ia!e to Ben.08 A-ioatic is the #ule that a udicial adission is conclusive uponthe pa#t$ a"in! it, e-cept onl$ (hen the#e is a sho(in! that )0+ the adission (as ade th#ou!h apalpable ista"e, o# )6+ no adission (as in fact ade.0/Othe# than e#el$ attac"in! the non&

p#esentation of the a##ia!e cont#act, the defense offe#ed no p#oof that the adission ade b$appellant in cou#t as to the fact of he# a##ia!e to the deceased (as ade th#ou!h a palpableista"e.

hird , unde# the ci#custances of this case, the specific o# di#ect cause of Ben3s death && (hethe# b$a !unshot o# b$ beatin! (ith a pipe && has no le!al conse%uence. As the Cou#t elucidated in itsSeptebe# 6/, 6111 Resolution, 'conside#in! that the appellant has aditted the fact of "illin! he#husband and the acts of hittin! his nape (ith a etal pipe and of shootin! hi at the bac" of hishead, the Cou#t believes that e-huation is unnecessa#$, if not iate#ial, to dete#ine which ofsaid acts actually caused the victim!s death.' Dete#inin! (hich of these aditted acts caused thedeath is not dispositive of the !uilt o# defense of appellant.

Fourth, (e cannot fault the t#ial cou#t fo# not full$ app#eciatin! evidence that Ben (as a d#un",!able#, (oani@e# and (ife&beate#. ntil this case cae to us fo# autoatic #evie(, appellant hadnot #aised the novel defense of 'batte#ed (oan s$nd#oe,' fo# (hich such evidence a$ havebeen #elevant. <e# theo#$ of self&defense (as then the c#ucial issue befo#e the t#ial cou#t. As (ill bediscussed sho#tl$, the le!al #e%uisites of self&defense unde# p#evailin! u#isp#udence ostensibl$appea# inconsistent (ith the su##oundin! facts that led to the death of the victi. <ence, his pe#sonalcha#acte#, especiall$ his past behavio#, did not constitute vital evidence at the tie.















Fifth, the t#ial cou#t su#el$ coitted no e##o# in not #e%ui#in! testion$ f#o appellant3s child#en. Asco##ectl$ elucidated b$ the solicito# !ene#al, all c#iinal actions a#e p#osecuted unde# the di#ectionand cont#ol of the public p#osecuto#, in (ho lies the disc#etion to dete#ine (hich (itnesses andevidence a#e necessa#$ to p#esent.61 As the fo#e# fu#the# points out, neithe# the t#ial cou#t no# thep#osecution p#evented appellant f#o p#esentin! he# child#en as (itnesses. hus, she cannot no(

fault the lo(e# cou#t fo# not #e%ui#in! the to testif$.

Finally , e#el$ collate#al o# co##obo#ative is the atte# of (hethe# the fli!ht of Ma#ivic to Manila andhe# subse%uent apolo!ies to he# b#othe#&in&la( a#e indicia of he# !uilt o# a#e attepts to save the lifeof he# unbo#n child. An$ #eve#sible e##o# as to the t#ial cou#t3s app#eciation of these ci#custanceshas little bea#in! on the final #esolution of the case.

F/r(* L'a !((u'%

Self-Defense and Defense of a Fetus

Appellant adits "illin! Ben :enosa but, to avoid c#iinal liabilit$, invo"es self&defense ando#

defense of he# unbo#n child. *hen the accused adits "illin! the victi, it is incubent upon he# top#ove an$ claied ustif$in! ci#custance b$ clea# and convincin! evidence.60 *ell&settled is the #ulethat in c#iinal cases, self&defense )and siila#l$, defense of a st#an!e# o# thi#d pe#son+ shifts thebu#den of p#oof f#o the p#osecution to the defense.66

The Battered Woman Syndrome

In claiin! self&defense, appellant #aises the novel theo#$ of the batte#ed (oan s$nd#oe. *hilene( in Philippine u#isp#udence, the concept has been #eco!ni@ed in fo#ei!n u#isdictions as a fo# of self&defense o#, at the least, incoplete self&defense.62 B$ app#eciatin! evidence that a victi o#defendant is afflicted (ith the s$nd#oe, fo#ei!n cou#ts conve$ thei# 'unde#standin! of the ustifiabl$fea#ful state of ind of a pe#son (ho has been c$clicall$ abused and cont#olled ove# a pe#iod of

tie.'

6>

A batte#ed (oan has been defined as a (oan '(ho is #epeatedl$ subected to an$ fo#cefulph$sical o# ps$cholo!ical behavio# b$ a an in o#de# to coe#ce he# to do soethin! he (ants he# todo (ithout conce#n fo# he# #i!hts. Batte#ed (oen include (ives o# (oen in an$ fo# of intiate#elationship (ith en. 5u#the#o#e, in o#de# to be classified as a batte#ed (oan, the couple ust!o th#ou!h the batte#in! c$cle at least t(ice. An$ (oan a$ find he#self in an abusive #elationship(ith a an once. If it occu#s a second tie, and she #eains in the situation, she is defined as abatte#ed (oan.'67

Batte#ed (oen e-hibit coon pe#sonalit$ t#aits, such as lo( self&estee, t#aditional beliefs aboutthe hoe, the fail$ and the feale se- #oleJ eotional dependence upon the doinant aleJ thetendenc$ to accept #esponsibilit$ fo# the batte#e#3s actionsJ and false hopes that the #elationship (ill

ip#ove.69

Mo#e !#aphicall$, the batte#ed (oan s$nd#oe is cha#acte#i@ed b$ the so&called 'c$cle ofviolence,'6? (hich has th#ee phases; )0+ the tension&buildin! phaseJ )6+ the acute batte#in! incidentJand )2+ the t#an%uil, lovin! )o#, at least, nonviolent+ phase.68

Du#in! the *'n(/onu/-/n +&a(', ino# batte#in! occu#s && it could be ve#bal o# sli!ht ph$sicalabuse o# anothe# fo# of hostile behavio#. he (oan usuall$ t#ies to pacif$ the batte#e# th#ou!h a






















sho( of "ind, nu#tu#in! behavio#J o# b$ sipl$ sta$in! out of his (a$. *hat actuall$ happens is thatshe allo(s he#self to be abused in (a$s that, to he#, a#e copa#ativel$ ino#. All she (ants is top#event the escalation of the violence e-hibited b$ the batte#e#. his (ish, ho(eve#, p#oves to bedouble&ed!ed, because he# 'placato#$' and passive behavio# le!itii@es his belief that he has the#i!ht to abuse he# in the fi#st place.

<o(eve#, the techni%ues adopted b$ the (oan in he# effo#t to placate hi a#e not usuall$successful, and the ve#bal ando# ph$sical abuse (o#sens. Each pa#tne# senses the iinent loss of cont#ol and the !#o(in! tension and despai#. E-hausted f#o the pe#sistent st#ess, the batte#ed(oan soon (ithd#a(s eotionall$. But the o#e she becoes eotionall$ unavailable, the o#ethe batte#e# becoes an!#$, opp#essive and abusive. Often, at soe unp#edictable point, theviolence 'spi#als out of cont#ol' and leads to an acute batte#in! incident.6/

he a)u*' a**'r/n /n)/-'n* is said to be cha#acte#i@ed b$ b#utalit$, dest#uctiveness and,soeties, death. he batte#ed (oan dees this incident as unp#edictable, $et also inevitable.Du#in! this phase, she has no cont#olJ onl$ the batte#e# a$ put an end to the violence. Its natu#ecan be as unp#edictable as the tie of its e-plosion, and so a#e his #easons fo# endin! it. he

batte#ed (oan usuall$ #eali@es that she cannot #eason (ith hi, and that #esistance (ould onl$e-ace#bate he# condition.

At this sta!e, she has a sense of detachent f#o the attac" and the te##ible pain, althou!h she a$late# clea#l$ #eebe# eve#$ detail. <e# appa#ent passivit$ in the face of acute violence a$ be#ationali@ed thus; the batte#e# is alost al(a$s uch st#on!e# ph$sicall$, and she "no(s f#o he#past painful e-pe#ience that it is futile to fi!ht bac". Acute batte#in! incidents a#e often ve#$ sava!eand out of cont#ol, such that innocent b$stande#s o# inte#veno#s a#e li"el$ to !et hu#t. 21

he final phase of the c$cle of violence be!ins (hen the acute batte#in! incident ends. Du#in!this *ran6u/ +'r/o-, the couple e-pe#ience p#ofound #elief. On the one hand, the batte#e# a$ sho(a tende# and nu#tu#in! behavio# to(a#ds his pa#tne#. <e "no(s that he has been viciousl$ c#uel andt#ies to a"e up fo# it, be!!in! fo# he# fo#!iveness and p#oisin! neve# to beat he# a!ain. On the

othe# hand, the batte#ed (oan also t#ies to convince he#self that the batte#$ (ill neve# happena!ainJ that he# pa#tne# (ill chan!e fo# the bette#J and that this '!ood, !entle and ca#in! an' is the#eal pe#son (ho she loves.

A batte#ed (oan usuall$ believes that she is the sole ancho# of the eotional stabilit$ of thebatte#e#. Sensin! his isolation and despai#, she feels #esponsible fo# his (ell&bein!. he t#uth,thou!h, is that the chances of his #efo#in!, o# see"in! o# #eceivin! p#ofessional help, a#e ve#$ sli,especiall$ if she #eains (ith hi. :ene#all$, onl$ afte# she leaves hi does he see" p#ofessionalhelp as a (a$ of !ettin! he# bac". =et, it is in this phase of #eo#seful #econciliation that she is osttho#ou!hl$ to#ented ps$cholo!icall$.

he illusion of absolute inte#dependenc$ is (ell&ent#enched in a batte#ed (oan3s ps$che. In this

phase, she and he# batte#e# a#e indeed eotionall$ dependent on each othe# && she fo# his nu#tu#antbehavio#, he fo# he# fo#!iveness. nde#neath this ise#able c$cle of 'tension, violence andfo#!iveness,' each pa#tne# a$ believe that it is bette# to die than to be sepa#ated. Neithe# one a$#eall$ feel independent, capable of functionin! (ithout the othe# .20

istory of !"usein the Present Case










o sho( the histo#$ of violence inflicted upon appellant, the defense p#esented seve#al (itnesses.She he#self desc#ibed he# hea#t&#endin! e-pe#ience as follo(s;

'A=. ABCANON

L <o( did $ou desc#ibe $ou# a##ia!e (ith Ben :enosaG

A In the fi#st $ea#, I lived (ith hi happil$ but in the subse%uent $ea# he (as c#uel to e anda behavio# of habitual d#in"e#.

L =ou said that in the subse%uent $ea# of $ou# a##ia!e, $ou# husband (as abusive to $ouand c#uel. In (hat (a$ (as this abusive and c#uelt$ anifested to $ouG

A <e al(a$s p#ovo"e e in eve#$thin!, he al(a$s slap e and soeties he pinned edo(n on the bed and soeties beat e.

L <o( an$ ties did this happenG

A Seve#al ties al#ead$.

L *hat did $ou do (hen these thin!s happen to $ouG

A I (ent a(a$ to $ othe# and I #an to $ fathe# and (e sepa#ate each othe#.

L *hat (as the action of Ben :enosa to(a#ds $ou leavin! hoeG

A <e is follo(in! e, afte# that he sou!ht afte# e.

L *hat (ill happen (hen he follo( $ouG

A <e said he chan!ed, he as"ed fo# fo#!iveness and I (as convinced and afte# that I !o tohi and he said 3so##$3.

L Du#in! those ties that $ou (e#e the #ecipient of such c#uelt$ and abusive behavio# b$$ou# husband, (e#e $ou able to see a docto#G

A =es, si#.

L *ho a#e these docto#sG

A he copan$ ph$sician, D#. Dino Cain!, D#. 4uce#o and D#a. Ce#illo.

- - - - - - - - -

L =ou said that $ou sa( a docto# in #elation to $ou# inu#iesG

A =es, si#.

L *ho inflicted these inu#iesG



A Of cou#se $ husband.

L =ou ean Ben :enosaG

A =es, si#.

- - - - - - - - -

Cou#t to the (itness

L <o( f#e%uent (as the alle!ed c#uelt$ that $ou saidG

A Eve#$tie he !ot d#un".

L No, f#o the tie that $ou said the c#uelt$ o# the infliction of inu#$ inflicted on $ou#occu##ed, afte# $ou# a##ia!e, f#o that tie on, ho( f#e%uent (as the occu##enceG

A Eve#$tie he !ot d#un".

L Is it dail$, (ee"l$, onthl$ o# ho( an$ ties in a onth o# in a (ee"G

A h#ee ties a (ee".

L Do $ou ean th#ee ties a (ee" he (ould beat $ouG

A Not necessa#il$ that he (ould beat e but soeties he (ill ust %ua##el e.' 26

Refe##in! to his 'Out&Patient Cha#t'22 on Ma#ivic :enosa at the Philphos <ospital, D#. Dino D. Cain!

bolste#ed he# fo#e!oin! testion$ on ch#onic batte#$ in this anne#;

'L So, do $ou have a sua#$ of those si- )9+ incidents (hich a#e found in the cha#t of $ou#clinicG

A =es, si#.

L *ho p#epa#ed the list of si- )9+ incidents, Docto#G

A I did.

L *ill $ou please #ead the ph$sical findin!s to!ethe# (ith the dates fo# the #eco#d.

A 0. Ma$ 06, 0//1 & ph$sical findin!s a#e as follo(s; <eatoa )R+ lo(e# e$elid and #ednessof e$e. Attendin! ph$sician; D#. 4uce#oJ

6. Ma#ch 01, 0//6 & Contusion&<eatoa )4+ lo(e# a#bital a#ea, pain and contusion)R+ b#east. Attendin! ph$sician; D#. Cano#aJ

2. Ma#ch 69, 0//2 & Ab#asion, 5u#uncle )4+ A-illaJ







>. Au!ust 0, 0//> & Pain, astitis )4+ b#east, 6o to t#aua. Attendin! ph$sician; D#.Cain!J

7. Ap#il 0?, 0//7 & #aua, tende#ness )R+ Shoulde#. Attendin! ph$sician; D#.Cano#aJ and

9. Fune 7, 0//7 & S(ellin! Ab#asion )4+ le!, ultiple contusion P#e!nanc$. Attendin!ph$sician; D#. Cano#a.

L Aon! the findin!s, the#e (e#e t(o )6+ incidents (he#ein $ou (e#e the attendin!ph$sician, is that co##ectG

A =es, si#.

L Did $ou actuall$ ph$sical e-aine the accusedG

A =es, si#.

L No(, !oin! to $ou# findin! no. 2 (he#e $ou (e#e the one (ho attended the patient. *hatdo $ou ean b$ ab#asion fu#uncle left a-illaG

A Ab#asion is a s"in (ound usuall$ (hen it coes in contact (ith soethin! #ou!h substanceif fo#ce is applied.

L *hat is eant b$ fu#uncle a-illaG

A It is seconda#$ of the li!ht infection ove# the ab#asion.

L *hat is eant b$ pain astitis seconda#$ to t#auaG

A So, in this >th episode of ph$sical inu#ies the#e is an inflaation of left b#east. So, paineanin! the#e is tende#ness. *hen $ou# b#east is t#auati@ed, the#e is tende#ness pain.

L So, these a#e obective ph$sical inu#ies. Docto#G

- - - - - - - - -

L *e#e $ou able to tal" (ith the patientG

A =es, si#.

L *hat did she tell $ouG

A As a docto#&patient #elationship, (e need to "no( the cause of these inu#ies. And she tolde that it (as done to he# b$ he# husband.

L =ou ean, Ben :enosaG

A =es, si#.



- - - - - - - - -

A=. ABCANON;

L B$ the (a$ Docto#, (e#e $ou able to ph$sical e-aine the accused soetie in the onth

of Novebe#, 0//7 (hen this incident happenedG

A As pe# #eco#d, $es.

L *hat (as the dateG

A It (as on Novebe# 9, 0//7.

L So, did $ou actuall$ see the accused ph$sicall$G

A =es, si#.

L On Novebe# 9, 0//7, (ill $ou please tell this <ono#able Cou#t, (as the patient p#e!nantG

A =es, si#.

L Bein! a docto#, can $ou o#e en!a!e at (hat sta!e of p#e!nanc$ (as sheG

A Ei!ht )8+ onths p#e!nant.

L So in othe# (o#ds, it (as an advance sta!e of p#e!nanc$G

A =es, si#.

L *hat (as $ou# Novebe# 9, 0//7 e-aination, (as it an e-aination about he#p#e!nanc$ o# fo# soe othe# findin!sG

A No, she (as aditted fo# h$pe#tension headache (hich coplicates he# p#e!nanc$.

L *hen $ou said aditted, eanin! she (as confinedG

A =es, si#.

L 5o# ho( an$ da$sG

A One da$.

L *he#eG

A At P<I4P<OS <ospital.

- - - - - - - - -



L 4ets !o bac" to the clinical histo#$ of Ma#ivic :enosa. =ou said that $ou (e#e able toe-aine he# pe#sonall$ on Novebe# 9, 0//7 and she (as 8 onths p#e!nant.

*hat is this all aboutG

A Because she has this p#oble of tension headache seconda#$ to h$pe#tension and I thin" Ihave a #eco#d he#e, also the sae pe#iod f#o 0/8/ to 0//7, she had a consultation fo#t(ent$&th#ee )62+ ties.

L 5o# (hatG

A ension headache.

L Can (e sa$ that speciall$ du#in! the latte# consultation, that the patient had h$pe#tensionG

A he patient definitel$ had h$pe#tension. It (as #ef#acto#$ to ou# t#eatent. She does not#esponse (hen the edication (as !iven to he#, because tension headache is o#e o# less

st#ess #elated and eotional in natu#e.

L *hat did $ou deduce of tension headache (hen $ou said is eotional in natu#eG

A 5#o (hat I deduced as pa#t of ou# ph$sical e-aination of the patient is the fail$ histo#$in line of !ivin! the #oot cause of (hat is causin! this disease. So, f#o the oent $ou as"to the patient all coes f#o the doestic p#oble.

L =ou ean p#oble in he# householdG

A P#obabl$.

L Can fail$ t#ouble cause elevation of blood p#essu#e, Docto#G

A =es, if it is eotionall$ #elated and st#essful it can cause inc#eases in h$pe#tension (hich isunfo#tunatel$ does not #esponse to the edication.

L In Novebe# 9, 0//7, the date of the incident, did $ou ta"e the blood p#essu#e of theaccusedG

A On Novebe# 9, 0//7 consultation, the blood p#essu#e (as 081061.

L Is this conside#ed h$pe#tensionG

A =es, si#, seve#e.

L Conside#in! that she (as 8 onths p#e!nant, $ou ean this is dan!e#ous level of bloodp#essu#eG

A It (as dan!e#ous to the child o# to the fetus.' 2>





Anothe# defense (itness, eodo#o Sa#abia, a fo#e# nei!hbo# of the :enosas in Isabel, 4e$te,testified that he had seen the couple %ua##elin! seve#al tiesJ and that on soe occasions Ma#ivic(ould #un to hi (ith b#uises, confidin! that the inu#ies (e#e inflicted upon he# b$ Ben.27

Ecel A#ano also testified29 that fo# a nube# of ties she had been as"ed b$ Ma#ivic to sleep at the

:enosa house, because the latte# fea#ed that Ben (ould coe hoe d#un" and hu#t he#. On oneoccasion that Ecel did sleep ove#, she (as a(a"ened about ten o3cloc" at ni!ht, because the couple'(e#e ve#$ nois$ and I hea#d soethin! (as b#o"en li"e a vase.' hen Ma#ivic cae #unnin! intoEcel3s #oo and loc"ed the doo#. Ben sho(ed up b$ the (indo( !#ill atop a chai#, sca#in! the (itha "nife.

On the afte#noon of Novebe# 07, 0//7, Ma#ivic a!ain as"ed he# help && this tie to find Ben && butthe$ (e#e unable to. he$ #etu#ned to the :enosa hoe, (he#e the$ found hi al#ead$ d#un". A!ainaf#aid that he i!ht hu#t he#, Ma#ivic as"ed he# to sleep at thei# house. Seein! his state ofd#un"enness, Ecel hesitatedJ and (hen she hea#d the couple sta#t a#!uin!, she decided to leave.

On that sae ni!ht that culinated in the death of Ben :enosa, at least th#ee othe# (itnesses sa(

o# hea#d the couple %ua##elin!.2?

Ma#ivic #elates in detail the follo(in! bac"d#op of the fateful ni!ht(hen life (as snuffed out of hi, sho(in! in the p#ocess a vivid pictu#e of his c#uelt$ to(a#ds he#;

'A=. ABCANON;

L Please tell this Cou#t, can $ou #ecall the incident in Novebe# 07, 0//7 in the evenin!G

A *hole o#nin! and in the afte#noon, I (as in the office (o#"in! then afte# office hou#s, Iboa#ded the se#vice bus and (ent to Bil(an!. *hen I #eached Bil(an!, I iediatel$ as"ed$ son, (he#e (as his fathe#, then $ second child said, 3he (as not hoe $et3. I (as(o##ied because that (as pa$da$, I (as anticipatin! that he (as !ablin!. So (hile (aitin!fo# hi, $ eldest son a##ived f#o school, I p#epa#ed dinne# fo# $ child#en.

L his is evenin! of Novebe# 07, 0//7G

A =es, si#.

L *hat tie did Ben :enosa a##iveG

A *hen he a##ived, I (as not the#e, I (as in Isabel loo"in! fo# hi.

L So (hen he a##ived $ou (e#e in Isabel loo"in! fo# hiG

A =es, si#.

L Did $ou coe bac" to $ou# houseG

A =es, si#.

L B$ the (a$, (he#e (as $ou# conu!al #esidence situated this tieG

A Bil(an!.









L Is this $ou# house o# $ou a#e #entin!G

A Rentin!.

L *hat tie (e#e $ou able to coe bac" in $ou# #esidence at Bil(an!G

A I (ent bac" a#ound alost 8;11 o3cloc".

L *hat happened (hen $ou a##ived in $ou# #esidenceG

A *hen I a##ived hoe (ith $ cousin Ecel (ho I #e%uested to sleep (ith e at that tiebecause I had fea#s that he (as a!ain d#un" and I (as (o##ied that he (ould a!ain beat eso I #e%uested $ cousin to sleep (ith e, but she #esisted because she had fea#s that thesae thin! (ill happen a!ain last $ea#.

L *ho (as this cousin of $ou#s (ho $ou #e%uested to sleep (ith $ouG

A Ecel A#ao, the one (ho testified.

L Did Ecel sleep (ith $ou in $ou# house on that evenin!G

A No, because she e-p#essed fea#s, she said he# fathe# (ould not allo( he# because of Ben.

L Du#in! this pe#iod Novebe# 07, 0//7, (e#e $ou p#e!nantG

A =es, 8 onths.

L <o( advance (as $ou# p#e!nanc$G

A Ei!ht )8+ onths.

L *as the bab$ subse%uentl$ bo#nG

A =es, si#.

L *hat3s the nae of the bab$ $ou (e#e ca##$in! at that tieG

A Ma#ie Bianca.

L *hat tie (e#e $ou able to eet pe#sonall$ $ou# husbandG

A =es, si#.

L *hat tieG

A *hen I a##ived hoe, he (as the#e al#ead$ in his usual behavio#.

L *ill $ou tell this Cou#t (hat (as his dispositionG



A <e (as d#un" a!ain, he (as $ellin! in his usual un#ul$ behavio#.

L *hat (as he $ellin! all aboutG

A <is usual attitude (hen he !ot d#un".

L =ou said that (hen $ou a##ived, he (as d#un" and $ellin! at $ouG *hat else did he do ifan$G

A <e is na!!in! at e fo# follo(in! hi and he da#ed e to %ua##el hi.

L *hat (as the cause of his na!!in! o# %ua##elin! at $ou if $ou "no(G

A <e (as an!#$ at e because I (as follo(in! - - - hi, loo"in! fo# hi. I (as ust (o##iedhe i!ht be ove#l$ d#un" and he (ould beat e a!ain.

L =ou said that he (as $ellin! at $ou, (hat else, did he do to $ou if an$G

A <e (as na!!in! at e at that tie and I ust i!no#e hi because I (ant to avoid t#ouble fo# fea# that he (ill beat e a!ain. Pe#haps he (as disappointed because I ust i!no#e hi of hisp#ovocation and he s(itch off the li!ht and I said to hi, 3(h$ did $ou s(itch off the li!ht(hen the child#en (e#e the#e.3 At that tie I (as also attendin! to $ child#en (ho (e#edoin! thei# assi!nents. <e (as an!#$ (ith e fo# not ans(e#in! his challen!e, so he (entto the "itchen and !ot a bolo and cut the antenna (i#e to stop e f#o (atchin! television.

L *hat did he do (ith the boloG

A <e cut the antenna (i#e to "eep e f#o (atchin! .H.

L *hat else happened afte# he cut the (i#eG

A <e s(itch off the li!ht and the child#en (e#e shoutin! because the$ (e#e sca#ed and he(as al#ead$ holdin! the bolo.

L <o( do $ou desc#ibed this boloG

A 0 06 feet.

L *hat (as the bolo used fo# usuall$G

A 5o# choppin! eat.

L =ou said the child#en (e#e sca#ed, (hat else happened as Ben (as ca##$in! that boloG

A <e (as about to attac" e so I #un to the #oo.

L *hat do $ou ean that he (as about to attac" $ouG

A *hen I attept to #un he held $ hands and he (hi#led e and I fell to the bedside.



L So (hen he (hi#led $ou, (hat happened to $ouG

A I sc#eaed fo# help and then he left.

L =ou said ea#lie# that he (hi#led $ou and $ou fell on the bedsideG

A =es, si#.

L =ou sc#eaed fo# help and he left, do $ou "no( (he#e he (as !oin!G

A Outside pe#haps to d#in" o#e.

L *hen he left (hat did $ou do in that pa#ticula# tieG

A I pac"ed all his clothes.

L *hat (as $ou# #eason in pac"in! his clothesG

A I (anted hi to leave us.

L Du#in! this tie, (he#e (e#e $ou# child#en, (hat (e#e thei# #eactionsG

A Afte# a couple of hou#s, he (ent bac" a!ain and he !ot an!#$ (ith e fo# pac"in! hisclothes, then he d#a!!ed e a!ain of the bed#oo holdin! $ nec".

L =ou said that (hen Ben cae bac" to $ou# house, he d#a!!ed $ouG <o( did he d#a! $ouG

COR INERPREER;

he (itness deonst#ated to the Cou#t b$ usin! he# #i!ht hand fle-ed fo#cibl$ in he#f#ont nec"+

A And he d#a!!ed e to(a#ds the doo# bac"(a#d.

A=. ABCANON;

L *he#e did he b#in! $ouG

A Outside the bed#oo and he (anted to !et soethin! and then he "ept on shoutin! at ethat 3$ou i!ht as (ell be "illed so the#e (ill be nobod$ to na! e.3

L So $ou said that he d#a!!ed $ou to(a#ds the d#a(e#G

A =es, si#.

L *hat is the#e in the d#a(e#G

A I (as a(a#e that it (as a !un.



COR INERPREER;

)At this unctu#e the (itness sta#ted c#$in!+.

A=. ABCANON;

L *e#e $ou actuall$ b#ou!ht to the d#a(e#G

A =es, si#.

L *hat happened (hen $ou (e#e b#ou!ht to that d#a(e#G

A <e d#a!!ed e to(a#ds the d#a(e# and he (as about to open the d#a(e# but he could notopen it because he did not have the "e$ then he pulled his (allet (hich contained a bladeabout 2 inches lon! and I (as a(a#e that he (as !oin! to "ill e and I sashed his a# andthen the (allet and the blade fell. he one he used to open the d#a(e# I sa(, it (as a pipeabout that lon!, and (hen he (as about to pic"&up the (allet and the blade, I sashed hi

then I #an to the othe# #oo, and on that ve#$ oent eve#$thin! on $ ind (as to pit$ on$self, then the feelin! I had on that ve#$ oent (as the sae (hen I (as aditted inP<I4P<OS Clinic, I (as about to voit.

COR INERPREER;

)he (itness at this unctu#e is c#$in! intensel$+.

- - - - - - - - -

A=. ABCANON;

L al"in! of d#a(e#, is this d#a(e# outside $ou# #ooG

A Outside.

L In (hat pa#t of the houseG

A Dinin!.

L *he#e (e#e the child#en du#in! that tieG

A M$ child#en (e#e al#ead$ asleep.

L =ou ean the$ (e#e inside the #ooG

A =es, si#.

L =ou said that he d#opped the blade, fo# the #eco#d (ill $ou please desc#ibe this bladeabout 2 inches lon!, ho( does it loo" li"eG

A h#ee )2+ inches lon! and 06 inch (ide.



L Is it a fle-ible bladeG

A It3s a cutte#.

L <o( do $ou desc#ibe the blade, is it sha#p both ed!esG

A =es, because he once used it to e.

L <o( did he do itG

A <e (anted to cut $ th#oat.

L *ith the sae bladeG

A =es, si#, that (as the obect used (hen he intiidate e.' 28

In addition, D#a. Natividad Da$an (as called b$ the RC to testif$ as an e-pe#t (itness to assist it inunde#standin! the ps$che of a batte#ed pe#son. She had et (ith Ma#ivic :enosa fo# five sessionstotalin! about seventeen hou#s. Based on thei# tal"s, the fo#e# b#iefl$ #elated the latte#3s o#deal tothe cou#t a quo as follo(s;

'L; *hat can $ou sa$, that $ou found Ma#ivic as a batte#ed (ifeG Could $ou in la$an3s te#desc#ibe to this Cou#t (hat he# life (as li"e as said to $ouG

A; *hat I #eebe# happened then (as it (as o#e than ten $ea#s, that she (as suffe#in!eotional an!uish. he#e (e#e a lot of instances of abuses, to eotional abuse, to ve#balabuse and to ph$sical abuse. he husband had a ve#$ ea!e# incoe, she (as the one (ho(as p#acticall$ the b#ead ea#ne# of the fail$. he husband (as involved in a lot of vices,!oin! out (ith ba#"adas, d#in"in!, even (oani@in! bein! involved in coc"fi!ht and !oin!

hoe ve#$ an!#$ and (hich (ill t#i!!e# a lot of ph$sical abuse. She also had the e-pe#iencea lot of tauntin! f#o the husband fo# the #eason that the husband even accused he# ofinfidelit$, the husband (as sa$in! that the child she (as ca##$in! (as not his o(n. So she(as ve#$ an!#$, she (as at the sae tie ve#$ dep#essed because she (as also a(a#e,alost li"e livin! in pu#!ato#$ o# even hell (hen it (as happenin! da$ in and da$ out.' 2/

In c#oss&e-ainin! D#a. Da$an, the public p#osecuto# not e#el$ elicited, but (ittin!l$ o# un(ittin!l$put fo#(a#d, additional suppo#tin! evidence as sho(n belo(;

'L In $ou# fi#st encounte# (ith the appellant in this case in 0///, (he#e $ou tal"ed to he#about th#ee hou#s, (hat (as the ost #elevant info#ation did $ou !athe#G

A he ost #elevant info#ation (as the t#a!ed$ that happened. he ost ipo#tantinfo#ation (e#e escalatin! abuses that she had e-pe#ienced du#in! he# a#ital life.

L Befo#e $ou et he# in 0/// fo# th#ee hou#s, (e p#esue that $ou al#ead$ "ne( of the factsof the case o# at least $ou have substantial "no(led!e of the facts of the caseG

A I believe I had an idea of the case, but I do not "no( (hethe# I can conside# the assubstantial.







- - - - - - - - -

L Did $ou !athe# an info#ation f#o Ma#ivic that on the side of he# husband the$ (e#e fondof batte#in! thei# (ivesG

A I also hea#d that f#o he#G

L =ou hea#d that f#o he#G

A =es, si#.

L Did $ou as" fo# a coplete e-aple (ho a#e the #elatives of he# husband that (e#e fondof batte#in! thei# (ivesG

A *hat I #eebe# that the#e (e#e b#othe#s of he# husband (ho a#e also batte#in! thei#(ives.

L Did she not info# $ou that the#e (as an instance that she sta$ed in a hotel in O#oc(he#e he# husband follo(ed he# and batte#ed he# seve#al ties in that #ooG

A She told e about that.

L Did she info# $ou in (hat hotel in O#ocG

A Si#, I could not #eebe# but I (as told that she (as batte#ed in that #oo.

L Seve#al ties in that #ooG

A =es, si#. *hat I #eebe# (as that the#e is no p#oble about bein! batte#ed, it #eall$happened.

L Bein! an e-pe#t (itness, ou# u#isp#udence is not coplete on sa$in! this atte#. I thin"that is the fi#st tie that (e have this in the Philippines, (hat is $ou# opinionG

A Si#, $ opinion is, she is #eall$ a batte#ed (ife and in this "ind happened, it (as #eall$ aself&defense. I also believe that the#e had been p#ovocation and I also believe that shebecae a diso#de#ed pe#son. She had to suffe# an-iet$ #eaction because of all the batte#in!that happened and so she becae an abno#al pe#son (ho had lost she3s not du#in! thetie and that is (h$ it happened because of all the ph$sical batte#in!, eotional batte#in!,all the ps$cholo!ical abuses that she had e-pe#ienced f#o he# husband.

L I do believe that she is a batte#ed (ife. *as she e-t#eel$ batte#edG

A Si#, it is an e-t#ee fo# of batte#in!. =es.>1

Pa#entheticall$, the c#edibilit$ of appellant (as deonst#ated as follo(s;

'L And $ou also said that $ou adiniste#ed the obective pe#sonalit$ test, (hat - - - is thisall aboutG





A he obective pe#sonalit$ test is the Millon Clinical Multia-ial Invento#$. he pu#pose of thattest is to find out about the l$in! p#oneness of the pe#son.

L *hat do $ou ean b$ thatG

A Meanin!, a I dealin! (ith a client (ho is tellin! e the t#uth, o# is she soeone (ho cane-a!!e#ate o# - - - (ill tell a lieG

L And (hat did $ou discove# on the basis of this obective pe#sonalit$ testG

A She (as a pe#son (ho passed the honest$ test. Meanin! she is a pe#son that I can t#ust.hat the data that I3 !athe#in! f#o he# a#e the t#uth.'>0

he othe# e-pe#t (itness p#esented b$ the defense, D#. Alf#edo Paa#illo, testified on his Ps$chiat#icRepo#t,>6(hich (as based on his inte#vie( and e-aination of Ma#ivic :enosa. he Repo#t said thatdu#in! the fi#st th#ee $ea#s of he# a##ia!e to Ben, eve#$thin! loo"ed !ood && the atosphe#e (asfine, no#al and happ$ && until 'Ben sta#ted to be att#acted to othe# !i#ls and (as also enticed into

!ablin!, especiall$ coc"fi!htin!. - - -. At the sae tie Ben (as often oinin! his bar"ada ind#in"in! sp#ees.'

he d#in"in! sp#ees of Ben !#eatl$ chan!ed the attitude he sho(ed to(a#d his fail$, pa#ticula#l$ tohis (ife. he Repo#t continued; 'At fi#st, it (as ve#bal and eotional abuses but as tie passed, hebecae ph$sicall$ abusive. Ma#ivic claied that the viciousness of he# husband (as p#o!#essiveeve#$ tie he !ot d#un". It (as a painful o#deal Ma#ivic had to anticipate (heneve# she suspectedthat he# husband (ent fo# a d#in"in! sp#ee. he$ had been a##ied fo# t(elve $ea#sJ andp#acticall$ o#e than ei!ht $ea#s, she (as batte#ed and alt#eated #elentlessl$ and e#cilessl$ b$he# husband (heneve# he (as d#un".'

Ma#ivic sou!ht the help of he# othe#&in&la(, but he# effo#ts (e#e in vain. 5u#the# %uotin! f#o the

Repo#t, 'she also sou!ht the advice and help of close #elatives and (ell&eanin! f#iends in spite ofhe# feelin! ashaed of (hat (as happenin! to he#. But incessant batte#in! becae o#e and o#ef#e%uent and o#e seve#e. - - -.'>2

5#o the totalit$ of evidence p#esented, the#e is indeed no doubt in the Cou#t3s ind that AppellantMa#ivic :enosa (as a seve#el$ abused pe#son.

#ffect of Battery on !ppellant

Because of the #ecu##in! c$cles of violence e-pe#ienced b$ the abused (oan, he# state of indetao#phoses. In dete#inin! he# state of ind, (e cannot #el$ e#el$ on the ud!ent of ano#dina#$, #easonable pe#son (ho is evaluatin! the events iediatel$ su##oundin! the incident. A

Canadian cou#t has aptl$ pointed out that e-pe#t evidence on the ps$cholo!ical effect of batte#in! on(ives and coon la( pa#tne#s a#e both #elevant and necessa#$. '<o( can the ental state of theappellant be app#eciated (ithout itG he ave#a!e ebe# of the public a$ as"; *h$ (ould a(oan put up (ith this "ind of t#eatentG *h$ should she continue to live (ith such a anG <o(could she love a pa#tne# (ho beat he# to the point of #e%ui#in! hospitali@ationG *e (ould e-pect the(oan to pac" he# ba!s and !o. *he#e is he# self&#espectG *h$ does she not cut loose and a"e ane( life fo# he#selfG Such is the #eaction of the ave#a!e pe#son conf#onted (ith the so&called3batte#ed (ife s$nd#oe.3'>>












o unde#stand the s$nd#oe p#ope#l$, ho(eve#, one3s vie(point should not be d#a(n f#o that of ano#dina#$, #easonable pe#son. *hat !oes on in the ind of a pe#son (ho has been subected to#epeated, seve#e beatin!s a$ not be consistent (ith && na$, cop#ehensible to && those (ho havenot been th#ou!h a siila# e-pe#ience. E-pe#t opinion is essential to cla#if$ and #efute coon$ths and isconceptions about batte#ed (oen.>7

he theo#$ of B*S fo#ulated b$ 4eno#e *al"e#, as (ell as he# #esea#ch on doestic violence, hashad a si!nificant ipact in the nited States and the nited in!do on the t#eatent andp#osecution of cases, in (hich a batte#ed (oan is cha#!ed (ith the "illin! of he# violent pa#tne#.he ps$cholo!ist e-plains that the c$clical natu#e of the violence inflicted upon the batte#ed (oaniobili@es the latte#3s 'abilit$ to act decisivel$ in he# o(n inte#ests, a"in! he# feel t#apped in the#elationship (ith no eans of escape.'>9 In he# $ea#s of #esea#ch, D#. *al"e# found that 'the abuseoften escalates at the point of sepa#ation and batte#ed (oen a#e in !#eate# dan!e# of d$in! then.'>?

Co##obo#atin! these #esea#ch findin!s, D#a. Da$an said that 'the batte#ed (oan usuall$ has a ve#$lo( opinion of he#self. She has - - - self&defeatin! and self&sac#ificin! cha#acte#istics. - - - *henthe violence (ould happen, the$ usuall$ thin" that the$ p#ovo"ed it, that the$ (e#e the ones (ho

p#ecipitated the violenceJ that the$ p#ovo"ed thei# spouse to be ph$sicall$, ve#ball$ and evense-uall$ abusive to the.'>8

Acco#din! to D#a. Da$an, the#e a#e a lot of #easons (h$ a batte#ed (oan does not #eadil$ leave anabusive pa#tne# && pove#t$, self&blae and !uilt a#isin! f#o the latte#3s belief that she p#ovo"ed theviolence, that she has an obli!ation to "eep the fail$ intact at all cost fo# the sa"e of thei# child#en,and that she is the onl$ hope fo# he# spouse to chan!e.>/

he testion$ of anothe# e-pe#t (itness, D#. Paa#illo, is also helpful. <e had p#eviousl$ testified insuits involvin! violent fail$ #elations, havin! evaluated 'p#obabl$ ten to t(ent$ thousand' violentfail$ disputes (ithin the A#ed 5o#ces of the Philippines, (he#ein such cases abounded. As a#esult of his e-pe#ience (ith doestic violence cases, he becae a consultant of the Batte#ed*oan Office in Lue@on Cit$. As such, he !ot involved in about fo#t$ )>1+ cases of seve#e doestic

violence, in (hich the ph$sical abuse on the (oan (ould soeties even lead to he# loss ofconsciousness.71

D#. Paa#illo e-plained that 'ove#(helin! b#utalit$, t#aua' could #esult in postt#auatic st#essdiso#de#, a fo# of 'an-iet$ neu#osis o# neu#olo!ic an-ietis.'70 Afte# bein! #epeatedl$ and seve#el$abused, batte#ed pe#sons 'a$ believe that the$ a#e essentiall$ helpless, lac"in! po(e# to chan!ethei# situation. - - - Acute batte#in! incidents can have the effect of stiulatin! the developent ofcopin! #esponses to the t#aua at the e-pense of the victi3s abilit$ to uste# an active #esponse tot#$ to escape fu#the# t#aua. 5u#the#o#e, - - - the victi ceases to believe that an$thin! she cando (ill have a p#edictable positive effect.'76

A stud$72 conducted b$ Ma#tin Seli!an, a ps$cholo!ist at the nive#sit$ of Penns$lvania, found that

'even if a pe#son has cont#ol ove# a situation, but believes that she does not, she (ill be o#e li"el$to #espond to that situation (ith copin! #esponses #athe# than t#$in! to escape.' <e said that it (asthe co!nitive aspect && the individual3s thou!hts && that p#oved all&ipo#tant. <e #efe##ed to thisphenoenon as 'lea#ned helplessness.' 'he t#uth o# facts of a situation tu#n out to be lessipo#tant than the individual3s set of beliefs o# pe#ceptions conce#nin! the situation. Batte#ed (oendon3t attept to leave the batte#in! situation, even (hen it a$ see to outside#s that escape ispossible, because the$ cannot p#edict thei# o(n safet$J the$ believe that nothin! the$ o# an$one elsedoes (ill alte# thei# te##ible ci#custances.'7>

























hus, ust as the batte#ed (oan believes that she is soeho( #esponsible fo# the violent behavio#of he# pa#tne#, she also believes that he is capable of "illin! he#, and that the#e is noescape.77 Batte#ed (oen feel unsafe, suffe# f#o pe#vasive an-iet$, and usuall$ fail to leave the#elationship.79 nless a shelte# is available, she sta$s (ith he# husband, not onl$ because shet$picall$ lac"s a eans of self&suppo#t, but also because she fea#s that if she leaves she (ould be

found and hu#t even o#e.7?

In the instant case, (e eticulousl$ scou#ed the #eco#ds fo# specific evidence establishin! thatappellant, due to the #epeated abuse she had suffe#ed f#o he# spouse ove# a lon! pe#iod of tie,becae afflicted (ith the batte#ed (oan s$nd#oe. *e, ho(eve#, failed to find sufficient evidencethat (ould suppo#t such a conclusion. Mo#e specificall$, (e failed to find aple evidence that (ouldconfi# the p#esence of the essential cha#acte#istics of B*S.

he defense fell sho#t of p#ovin! all th#ee phases of the 'c$cle of violence' supposedl$cha#acte#i@in! the #elationship of Ben and Ma#ivic :enosa. No doubt the#e (e#e acute batte#in!incidents. In #elatin! to the cou#t a quo ho( the fatal incident that led to the death of Ben sta#ted,Ma#ivic pe#fectl$ desc#ibed the tension&buildin! phase of the c$cle. She (as able to e-plain in

ade%uate detail the t$pical cha#acte#istics of this sta!e. <o(eve#, that sin!le incident does not p#ovethe e-istence of the s$nd#oe. In othe# (o#ds, she failed to p#ove that in at least anothe# batte#in!episode in the past, she had !one th#ou!h a siila# patte#n.

<o( did the tension bet(een the pa#tne#s usuall$ a#ise o# build up p#io# to acute batte#in!G <o( didMa#ivic no#all$ #espond to Ben3s #elativel$ ino# abusesG *hat eans did she eplo$ to t#$ top#event the situation f#o developin! into the ne-t )o#e violent+ sta!eG

Neithe# did appellant p#offe# sufficient evidence in #e!a#d to the thi#d phase of the c$cle. She sipl$entioned that she (ould usuall$ #un a(a$ to he# othe#3s o# fathe#3s houseJ 78 that Ben (ould see"he# out, as" fo# he# fo#!iveness and p#oise to chan!eJ and that believin! his (o#ds, she (ould#etu#n to thei# coon abode.

Did she eve# feel that she p#ovo"ed the violent incidents bet(een he# and he# spouseG Did shebelieve that she (as the onl$ hope fo# Ben to #efo#G And that she (as the sole suppo#t of hiseotional stabilit$ and (ell&bein!G Conve#sel$, ho( dependent (as she on hiG Did she feelhelpless and t#apped in thei# #elationshipG Did both of the #e!a#d death as p#efe#able tosepa#ationG

In su, the defense failed to elicit from appellant herself her factual e#periences and thoughts thatwould clearly and fully demonstrate the essential characteristics of the syndrome.

he Cou#t app#eciates the #atiocinations !iven b$ the e-pe#t (itnesses fo# the defense. Indeed, the$(e#e able to e-plain full$, albeit e#el$ theo#eticall$ and scientificall$, ho( the pe#sonalit$ of thebatte#ed (oan usuall$ evolved o# dete#io#ated as a #esult of #epeated and seve#e beatin!s inflicted

upon he# b$ he# pa#tne# o# spouse. he$ co##obo#ated each othe#3s testionies, (hich (e#e culledf#o thei# nue#ous studies of hund#eds of actual cases. $owever, they failed to present in court thefactual e#periences and thoughts that appellant had related to them %% if at all %% based on which they concluded that she had B&S.

*e ephasi@e that in c#iinal cases, all the eleents of a odif$in! ci#custance ust be p#ovenin o#de# to be app#eciated. o #epeat, the #eco#ds lac" suppo#tin! evidence that (ould establish allthe essentials of the batte#ed (oan s$nd#oe as anifested specificall$ in the case of the:enosas.











BWS as Self-Defense

In an$ event, the e-istence of the s$nd#oe in a #elationship does not in itself establish the le!al#i!ht of the (oan to "ill he# abusive pa#tne#. Evidence ust still be conside#ed in the conte-t of self&defense.7/

5#o the e-pe#t opinions discussed ea#lie#, the Cou#t #ec"ons fu#the# that c#ucial to the B*Sdefense is the state of ind of the batte#ed (oan at the tie of the offense91 && she ust haveactuall$ fea#ed iinent ha# f#o he# batte#e# and honestl$ believed in the need to "ill hi in o#de# to save he# life.

Settled in ou# u#isp#udence, ho(eve#, is the #ule that the one (ho #eso#ts to self&defense ust facea real threat on one3s lifeJ and the pe#il sou!ht to be avoided ust be imminent and actual , not e#el$ia!ina#$.90 hus, the Revised Penal Code p#ovides the follo(in! #e%uisites and effect of self&defense;96

'A#t. 00. 'ustifying circumstances. && he follo(in! do not incu# an$ c#iinal liabilit$;

'0. An$one (ho acts in defense of his pe#son o# #i!hts, p#ovided that the follo(in!ci#custances concu#J

First . nla(ful a!!#essionJ

Second . Reasonable necessit$ of the eans eplo$ed to p#event o# #epel itJ

hird . 4ac" of sufficient p#ovocation on the pa#t of the pe#son defendin! hiself.'

nla(ful a!!#ession is the ost essential eleent of self&defense.92 It p#esupposes actual, suddenand une-pected attac" && o# an iinent dan!e# the#eof && on the life o# safet$ of a pe#son.9> In the

p#esent case, ho(eve#, acco#din! to the testion$ of Ma#ivic he#self, the#e (as a sufficient tieinte#val bet(een the unla(ful a!!#ession of Ben and he# fatal attac" upon hi. She had al#ead$been able to (ithd#a( f#o his violent behavio# and escape to thei# child#en3s bed#oo. Du#in! thattie, he appa#entl$ ceased his attac" and (ent to bed. he #ealit$ o# even the iinence of thedan!e# he posed had ended alto!ethe#. <e (as no lon!e# in a position that p#esented an actualth#eat on he# life o# safet$.

<ad Ben still been a(aitin! Ma#ivic (hen she cae out of thei# child#en3s bed#oo && and based onpast violent incidents, the#e (as a !#eat p#obabilit$ that he (ould still have pu#sued he# and inflicted!#ave# ha# && then, the iinence of the #eal th#eat upon he# life (ould not have ceased $et.*he#e the b#utali@ed pe#son is al#ead$ suffe#in! f#o B*S, fu#the# evidence of actual ph$sicalassault at the tie of the "illin! is not #e%ui#ed. Incidents of doestic batte#$ usuall$ have a

p#edictable patte#n. o #e%ui#e the batte#ed pe#son to a(ait an obvious, deadl$ attac" befo#e she candefend he# life '(ould aount to sentencin! he# to 3u#de# b$ installent.3'97 Still, ipendin! dan!e#)based on the conduct of the victi in p#evious batte#in! episodes+ p#io# to the defendant3s use ofdeadl$ fo#ce ust be sho(n. h#eatenin! behavio# o# counication can satisf$ the #e%ui#ediinence of dan!e# .99 Conside#in! such ci#custances and the e-istence of B*S, self&defensea$ be app#eciated.





















*e #eite#ate the p#inciple that a!!#ession, if not continuous, does not (a##ant self&defense.9? In theabsence of such a!!#ession, the#e can be no self&defense && coplete o# incoplete && on the pa#t of the victi.98 hus, Ma#ivic3s "illin! of Ben (as not copletel$ ustified unde# the ci#custances.

$itigating Circumstances Present

In an$ event, all is not lost fo# appellant. *hile she did not #aise an$ othe# odif$in! ci#custancesthat (ould alte# he# penalt$, (e dee it p#ope# to evaluate and app#eciate in he# favo# ci#custancesthat iti!ate he# c#iinal liabilit$. It is a ho#nboo" doct#ine that an appeal in a c#iinal case opens it(holl$ fo# #evie( on an$ issue, includin! that (hich has not been #aised b$ the pa#ties.9/

5#o seve#al ps$cholo!ical tests she had adiniste#ed to Ma#ivic, D#a. Da$an, in he# Ps$cholo!icalEvaluation Repo#t dated Novebe# 6/, 6111, opined as follo(s;

'his is a classic case of a Batte#ed *oan S$nd#oe. he #epeated batte#in! Ma#ivice-pe#ienced (ith he# husband constitutes a fo# of cuulative p#ovocation (hich b#o"edo(n he# ps$cholo!ical #esistance and natu#al self&cont#ol. It is ve#$ clea# that she

developed hei!htened sensitivit$ to si!ht of ipendin! dan!e# he# husband posedcontinuousl$. Ma#ivic t#ul$ e-pe#ienced at the hands of he# abuse# husband a state ofps$cholo!ical pa#al$sis (hich can onl$ be ended b$ an act of violence on he# pa#t.' ?1

D#. Paa#illo co##obo#ates the findin!s of D#a. Da$an. <e e-plained that the effect of '#epetitious painta"in!, #epetitious batte#in!, and #epetitious alt#eatent' as (ell as the seve#it$ and the p#olon!edadinist#ation of the batte#in! is postt#auatic st#ess diso#de#.?0 E-poundin! the#eon, he said;

'L *hat causes the t#aua, M#. *itnessG

A *hat causes the t#aua is p#obabl$ the #epetitious batte#in!. Second, the seve#it$ of thebatte#in!. hi#d, the p#olon!ed adinist#ation of batte#in! o# the p#olon!ed coission of the

batte#in! and the ps$cholo!ical and constitutional staina of the victi and anothe# one isthe public and social suppo#t available to the victi. If nobod$ is inte#cedin!, the o#e she(ill !o to that diso#de#....

- - - - - - - - -

L =ou #efe##ed a (hile a!o to seve#it$. *hat a#e the %ualifications in te#s of seve#it$ of thepost#auatic st#ess diso#de#, D#. Paa#illoG

A he seve#it$ is the ost seve#e continuousl$ to t#i!!e# this postt#auatic st#ess diso#de#is inu#$ to the head, ban!in! of the head li"e that. It is usuall$ the ve#$ ve#$ seve#e stiulusthat p#ecipitate this postt#auatic st#ess diso#de#. Othe#s a#e suffocatin! the victi li"e

holdin! a pillo( on the face, st#an!ulatin! the individual, suffocatin! the individual, andbo-in! the individual. In this situation the#efo#e, the victi is hei!htened to painful stiulus,li"e fo# e-aple she is p#e!nant, she is ve#$ susceptible because the (oan (ill not onl$p#otect he#self, she is also to p#otect the fetus. So the an-iet$ is hei!htened to the end sicde!#ee.

L But in te#s of the !#avit$ of the diso#de#, M#. *itness, ho( do $ou classif$G

A *e classif$ the diso#de# as acute, o# ch#onic o# dela$ed o# at$pical.













L Can $ou please desc#ibe this p#e&classification $ou called dela$ed o# at$picalG

A he acute is the one that usuall$ #e%ui#e onl$ one batte#in! and the individual (ill anifestno( a seve#e eotional instabilit$, hi!he# i##itabilit$ #eo#se, #estlessness, and fea# andp#obabl$ in ost acute cases the fi#st thin! (ill be happened to the individual (ill be

thin"in! of suicide.

L And in ch#onic cases, M#. *itnessG

A he ch#onic cases is this #epetitious batte#in!, #epetitious alt#eatent, an$ p#olon!ed, it islon!e# than si- )9+ onths. he acute is onl$ the fi#st da$ to si- )9+ onths. Afte# this si- )9+onths $ou becoe ch#onic. It is stated in the boo" specificall$ that afte# si- )9+ onths isch#onic. he at$pical one is the #epetitious batte#in! but the individual (ho is abno#al andthen becoe no#al. his is ho( $ou !et neu#osis f#o neu#otic pe#sonalit$ of these casesof postt#auatic st#ess diso#de#.' ?6

Ans(e#in! the %uestions p#opounded b$ the t#ial ud!e, the e-pe#t (itness cla#ified fu#the#;

'L But ust the sae, neu#osis especiall$ on batte#ed (oan s$nd#oe - - - affects - - -his o# he# ental capacit$G

A =es, $ou# <ono#.

L As $ou (e#e sa$in!, it - - - obfuscated he# #ationalit$G

A Of cou#se obfuscated.'?2

In su, the c$clical natu#e and the seve#it$ of the violence inflicted upon appellant #esulted in'cuulative p#ovocation (hich b#o"e do(n he# ps$cholo!ical #esistance and natu#al self&cont#ol,'

'ps$cholo!ical pa#al$sis,' and 'difficult$ in concent#atin! o# ipai#ent of eo#$.'

Based on the e#planations of the e#pert witnesses, such manifestations were analogous to anillness that diminished the e#ercise by appellant of her will power without, however, depriving her ofconsciousness of her acts. he#e (as, thus, a #esultin! diinution of he# f#eedo of action,intelli!ence o# intent. Pu#suant to pa#a!#aphs /?> and 01?7 of A#ticle 02 of the Revised Penal Code,this ci#custance should be ta"en in he# favo# and conside#ed as a iti!atin! facto#. ?9

In addition, (e also find in favo# of appellant the e-tenuatin! ci#custance of havin! acted upon anipulse so po(e#ful as to have natu#all$ p#oduced passion and obfuscation. It has been held thatthis state of ind is p#esent (hen a c#ie is coitted as a #esult of an uncont#ollable bu#st ofpassion p#ovo"ed b$ p#io# unust o# ip#ope# acts o# b$ a le!itiate stiulus so po(e#ful as to

ove#coe #eason.??

o app#eciate this ci#custance, the follo(in! #e%uisites should concu#; )0+ the#eis an act, both unla(ful and sufficient to p#oduce such a condition of indJ and )6+ this act is not fa##eoved f#o the coission of the c#ie b$ a conside#able len!th of tie, du#in! (hich theaccused i!ht #ecove# he# no#al e%uaniit$.?8

<e#e, an acute batte#in! incident, (he#ein Ben :enosa (as the unla(ful a!!#esso#, p#eceded hisbein! "illed b$ Ma#ivic. <e had fu#the# th#eatened to "ill he# (hile d#a!!in! he# b$ the nec" to(a#ds acabinet in (hich he had "ept a !un. It should also be #ecalled that she (as ei!ht onths p#e!nant atthe tie. he attept on he# life (as li"e(ise on that of he# fetus.?/ <is abusive and violent acts, an




















a!!#ession (hich (as di#ected at the lives of both Ma#ivic and he# unbo#n child, natu#all$ p#oducedpassion and obfuscation ove#coin! he# #eason. Even thou!h she (as able to #et#eat to a sepa#ate#oo, he# eotional and ental state continued. Acco#din! to he#, she felt he# blood p#essu#e #iseJshe (as filled (ith feelin!s of self&pit$ and of fea# that she and he# bab$ (e#e about to die. In a fit ofindi!nation, she p#ied open the cabinet d#a(e# (he#e Ben "ept a !un, then she too" the (eapon and

used it to shoot hi.

he confluence of these events b#in!s us to the conclusion that the#e (as no conside#able pe#iod oftie (ithin (hich Ma#ivic could have #ecove#ed he# no#al e%uaniit$. <elpful is D#. Paa#illo3stestion$81 that (ith 'neu#otic an-iet$' && a ps$cholo!ical effect on a victi of 'ove#(helin! b#utalit$o# t#aua' && the victi #elives the beatin! o# t#aua as if it (e#e #eal, althou!h she is not actuall$bein! beaten at the tie. She cannot cont#ol '#e&e-pe#iencin! the (hole thin!, the ost vicious andthe t#aua that she suffe#ed.' She thin"s 'of nothin! but the suffe#in!.' Such #elivin! (hich is be$ondthe cont#ol of a pe#son unde# siila# ci#custances, ust have been (hat Ma#ivic e-pe#ienceddu#in! the b#ief tie inte#val and p#evented he# f#o #ecove#in! he# no#al e%uaniit$. Acco#din!l$,she should fu#the# be c#edited (ith the iti!atin! ci#custance of passion and obfuscation.

It should be cla#ified that these t(o ci#custances && ps$cholo!ical pa#al$sis as (ell as passion andobfuscation && did not a#ise f#o the sae set of facts.

On the one hand, the fi#st ci#custance a#ose f#o the c$clical natu#e and the seve#it$ of the batte#$inflicted b$ the batte#e#&spouse upon appellant. hat is, the #epeated beatin!s ove# a pe#iod of tie#esulted in he# ps$cholo!ical pa#al$sis, (hich (as analo!ous to an illness diinishin! the e-e#cise of he# (ill po(e# (ithout dep#ivin! he# of consciousness of he# acts.

he second ci#custance, on the othe# hand, #esulted f#o the violent a!!#ession he had inflictedon he# p#io# to the "illin!. hat the incident occu##ed (hen she (as ei!ht onths p#e!nant (ith thei#child (as deeed b$ he# as an attept not onl$ on he# life, but li"e(ise on that of thei# unbo#n child.Such pe#ception natu#all$ p#oduced passion and obfuscation on he# pa#t.

S')on- L'a !((u'%

Treachery

he#e is t#eache#$ (hen one coits an$ of the c#ies a!ainst pe#sons b$ eplo$in! eans,ethods o# fo#s in the e-ecution the#eof (ithout #is" to oneself a#isin! f#o the defense that theoffended pa#t$ i!ht a"e.80 In o#de# to %ualif$ an act as t#eache#ous, the ci#custances invo"edust be p#oven as indubitabl$ as the "illin! itselfJ the$ cannot be deduced f#o e#e infe#ences, o#conectu#es, (hich have no place in the app#eciation of evidence.86 Because of the !#avit$ of the#esultin! offense, t#eache#$ ust be p#oved as conclusivel$ as the "illin! itself.82

Rulin! that t#eache#$ (as p#esent in the instant case, the t#ial cou#t iposed the penalt$ of death

upon appellant. It infe##ed this %ualif$in! ci#custances e#el$ f#o the fact that the lifeless bod$ ofBen had been found l$in! in bed (ith an 'open, dep#essed, ci#cula#' f#actu#e located at the bac" ofhis head. As to e-actl$ ho( and (hen he had been fatall$ attac"ed, ho(eve#, the p#osecution failedto establish indubitabl$. Onl$ the follo(in! testion$ of appellant leads us to the events su##oundin!his death;

'L =ou said that (hen Ben cae bac" to $ou# house, he d#a!!ed $ouG <o( did he d#a!$ouG











COR;

he (itness deonst#ated to the Cou#t b$ usin! he# #i!ht hand fle-ed fo#cibl$ in he#f#ont nec"+

A And he d#a!!ed e to(a#ds the doo# bac"(a#d.

A=. ABCANON;


A Outside the bed#oo and he (anted to !et soethin! and then he "ept on shoutin! at ethat 3$ou i!ht as (ell be "illed so the#e (ill be nobod$ to na! e3


A =es, si#.



COR INERPREER

)At this unctu#e the (itness sta#ted c#$in!+

A=. ABCANON;

L *e#e $ou actuall$ b#ou!ht to the d#a(e#G

A =es, si#.

L *hat happened (hen $ou (e#e b#ou!ht to that d#a(e#G

A <e d#a!!ed e to(a#ds the d#a(e# and he (as about to open the d#a(e# but he could notopen it because he did not have the "e$ then he pulled his (allet (hich contained a bladeabout 2 inches lon! and I (as a(a#e that he (as !oin! to "ill e and I sashed his a# andthen the (allet and the blade fell. he one he used to open the d#a(e# I sa(, it (as a pipeabout that lon!, and (hen he (as about to pic"&up the (allet and the blade, I sashed hithen I #an to the othe# #oo, and on that ve#$ oent eve#$thin! on $ ind (as to pit$ on

$self, then the feelin! I had on that ve#$ oent (as the sae (hen I (as aditted inP<I4P<OS Clinic, I (as about to voit.

COR INERPREER

)he (itness at this unctu#e is c#$in! intensel$+.

- - - - - - - - -



L =ou said that he d#opped the blade, fo# the #eco#d (ill $ou please desc#ibe this bladeabout 2 inches lon!, ho( does it loo" li"eG

A h#ee )2+ inches lon! and Q inch (ide.

L It is a fle-ible bladeG

A It3s a cutte#.



L <o( did he do itG



A =es, si#, that (as the obect used (hen he intiidate e.

- - - - - - - - -

A=. ABCANON;

L =ou said that this blade fell f#o his !#ip, is it co##ectG

A =es, because I sashed hi.

L *hat happenedG

A Ben t#ied to pic"&up the (allet and the blade, I pic"&up the pipe and I sashed hi and I#an to the othe# #oo.

L *hat else happenedG

A *hen I (as in the othe# #oo, I felt the sae thin! li"e (hat happened befo#e (hen I (asaditted in P<I4P<OS Clinic, I (as about to voit. I "no( $ blood p#essu#e (as #aised. I(as f#i!htened I (as about to die because of $ blood p#essu#e.

COR INERPREER;

)pon the ans(e# of the (itness !ettin! the pipe and sashed hi, the (itness atthe sae tie pointed at the bac" of he# nec" o# the nape+.

A=. ABCANON;

L =ou said $ou (ent to the #oo, (hat else happenedG



A Conside#in! all the ph$sical suffe#in!s that I3ve been th#ou!h (ith hi, I too" pit$ on $self and I felt I (as about to die also because of $ blood p#essu#e and the bab$, so I !ot that!un and I shot hi.

COR

to Att$. abucanon

L =ou shot hiG

A =es, I disto#ted the d#a(e#.'8>

he above testion$ is insufficient to establish the p#esence of t#eache#$. he#e is no sho(in! of thevicti3s position #elative to appellant3s at the tie of the shootin!. Besides, e%uall$ a-ioatic is the#ule that (hen a "illin! is p#eceded b$ an a#!uent o# a %ua##el, t#eache#$ cannot be app#eciated asa %ualif$in! ci#custance, because the deceased a$ be said to have been fo#e(a#ned and to haveanticipated a!!#ession f#o the assailant.87

Mo#eove#, in o#de# to app#eciate alevosia, the ethod of assault adopted b$ the a!!#esso# usthave been consciousl$ and delibe#atel$ chosen fo# the specific pu#pose of accoplishin! theunla(ful act (ithout #is" f#o an$ defense that i!ht be put up b$ the pa#t$ attac"ed.89 he#e is nosho(in!, thou!h, that the p#esent appellant intentionall$ chose a specific eans of successfull$attac"in! he# husband (ithout an$ #is" to he#self f#o an$ #etaliato#$ act that he i!ht a"e. o thecont#a#$, it appea#s that the thou!ht of usin! the !un occu##ed to he# onl$ at about the sae oent(hen she decided to "ill he# batte#e#&spouse. In the absence of an$ convincin! p#oof that sheconsciousl$ and delibe#atel$ eplo$ed the ethod b$ (hich she coitted the c#ie in o#de# toensu#e its e-ecution, this Cou#t #esolves the doubt in he# favo#.8?

Proper Penalty

he penalt$ fo# pa##icide iposed b$ A#ticle 6>9 of the Revised Penal Code is reclusion perpetua todeath. Since t(o iti!atin! ci#custances and no a!!#avatin! ci#custance have been found tohave attended the coission of the offense, the penalt$ shall be lo(e#ed b$ one )0+ de!#ee,pu#suant to A#ticle 9> of pa#a!#aph 788 of the sae Code.8/ he penalt$ of reclusion temporal in itsediu pe#iod is iposable, conside#in! that t(o iti!atin! ci#custances a#e to be ta"en intoaccount in #educin! the penalt$ b$ one de!#ee, and no othe# odif$in! ci#custances (e#e sho(nto have attended the coission of the offense./1 nde# the Indete#inate Sentence 4a(, theiniu of the penalt$ shall be (ithin the #an!e of that (hich is ne-t lo(e# in de!#ee && prisionmayor && and the a-iu shall be (ithin the #an!e of the ediu pe#iod of reclusion temporal .

Conside#in! all the ci#custances of the instant case, (e dee it ust and p#ope# to ipose thepenalt$ of prision mayor in its iniu pe#iod, o# si- )9+ $ea#s and one )0+ da$ in p#ison asiniuJ to reclusion temporal in its ediu pe#iod, o# 0> $ea#s 8 onths and 0 da$ as a-iu.Notin! that appellant has al#ead$ se#ved the iniu pe#iod, she a$ no( appl$ fo# and be#eleased f#o detention on pa#ole./0

#pilogue

Bein! a novel concept in ou# u#isp#udence, the batte#ed (oan s$nd#oe (as neithe# eas$ no#siple to anal$@e and #eco!ni@e vis&&vis the !iven set of facts in the p#esent case. he Cou#t





















a!oni@ed on ho( to appl$ the theo#$ as a ode#n&da$ #ealit$. It too" !#eat effo#t be$ond the no#alanne# in (hich decisions a#e ade && on the basis of e-istin! la( and u#isp#udence applicable tothe p#oven facts. o !ive a ust and p#ope# #esolution of the case, it endeavo#ed to ta"e a !ood loo"at studies conducted he#e and ab#oad in o#de# to unde#stand the int#icacies of the s$nd#oe and thedistinct pe#sonalit$ of the ch#onicall$ abused pe#son. Ce#tainl$, the Cou#t has lea#ned uch. And

definitel$, the solicito# !ene#al and appellant3s counsel, Att$. at#ina 4e!a#da, have helped it in suchlea#nin! p#ocess.

*hile ou# hea#ts epathi@e (ith #ecu##entl$ batte#ed pe#sons, (e can onl$ (o#" (ithin the liits ofla(, u#isp#udence and !iven facts. *e cannot a"e o# invent the. Neithe# can (e aend theRevised Penal Code. Onl$ Con!#ess, in its (isdo, a$ do so.

he Cou#t, ho(eve#, is not discountin! the possibilit$ of self&defense a#isin! f#o the batte#ed(oan s$nd#oe. *e no( su up ou# ain points. First , each of the phases of the c$cle ofviolence ust be p#oven to have cha#acte#i@ed at least t(o batte#in! episodes bet(een the appellantand he# intiate pa#tne#. Second , the final acute batte#in! episode p#ecedin! the "illin! of thebatte#e# ust have p#oduced in the batte#ed pe#son3s ind an actual fea# of an iinent ha# f#o

he# batte#e# and an honest belief that she needed to use fo#ce in o#de# to save he# life. hird , at thetie of the "illin!, the batte#e# ust have posed p#obable && not necessa#il$ iediate and actual &&!#ave ha# to the accused, based on the histo#$ of violence pe#pet#ated b$ the fo#e# a!ainst thelatte#. a"en alto!ethe#, these ci#custances could satisf$ the #e%uisites of self&defense. nde# thee-istin! facts of the p#esent case, ho(eve#, not all of these eleents (e#e dul$ established.

7EREFORE, the conviction of Appellant Ma#ivic :enosa fo# pa##icide is he#eb$ AFF()M*+.<o(eve#, the#e bein! t(o )6+ iti!atin! ci#custances and no a!!#avatin! ci#custance attendin!he# coission of the offense, he# penalt$ is )*+-*+ to si- )9+ $ea#s and one )0+ da$ of prisionmayor as iniuJ to 0> $ea#s, 8 onths and 0 da$ of reclusion temporal as a-iu.

Inasuch as appellant has been detained fo# o#e than the iniu penalt$ he#eb$ iposed uponhe#, the di#ecto# of the Bu#eau of Co##ections a$ iediatel$ )**AS* he# f#o custod$ upon

due dete#ination that she is eli!ible fo# pa#ole, unless she is bein! held fo# soe othe# la(fulcause. Costs de oficio.

SO ORERE.

Puno, -arpio, -orona, -arpio%Morales, -alle/o, Sr., A0cuna and inga, ''., concu#.+avide, 'r., -.'., Sandoval%1utierre0, and Austria%Martine0, ''., oin Fustice Santia!o in he# dissent.2itug and 3uisumbing ''., in the #esult.4nares%Santiago '., see dissentin! opinion.

!SSENT!NG OP!N!ON

N"RESS"NT!"GO, J .%

In convictin! Ma#ivic :enosa of the c#ie of pa##icide, ou# esteeed collea!ue M#. Fustice A#teioH. Pan!aniban found that the#e (as no factual basis to conclude that Ma#ivic (as suffe#in! f#o



'Batte#ed *oan S$nd#oe' )B*S+ at the tie she too" the life of he# husband. *ith due #espect, I#e!iste# $ dissent.

he novel theo#$ of 'Batte#ed *oan S$nd#oe' is #eco!ni@ed in fo#ei!n u#isp#udence as a fo# ofself&defense. It ope#ates upon the p#eise that a (oan (ho has been c$clicall$ abused and

cont#olled ove# a pe#iod of tie develops a fea#ful state of ind. 4ivin! in constant dan!e# of ha# o# death, she "no(s that futu#e beatin!s a#e alost ce#tain to occu# and (ill escalate ove# tie. <e#intiate "no(led!e of the violent natu#e of he# batte#e# a"es he# ale#t to (hen a pa#ticula# attac" isfo#thcoin!, and (hen it (ill se#iousl$ th#eaten he# su#vival. #apped in a c$cle of violence andconstant fea#, it is not unli"el$ that she (ould succub to he# helplessness and fail to pe#ceivepossible solutions to the p#oble othe# than to inu#e o# "ill he# batte#e#. She is sei@ed b$ fea# of ane-istin! o# ipendin! lethal a!!#ession and thus (ould have no oppo#tunit$ befo#ehand to delibe#ateon he# acts and to choose a less fatal eans of eliinatin! he# suffe#in!s.0

As e-haustivel$ discussed in the ponencia, the 'Batte#ed *oan S$nd#oe' has th#ee phases, to(it; )0+ the tension&buildin! phase, (he#e ino# batte#in!s in the fo# of ve#bal o# sli!ht ph$sicalabuse occu#s. <e#e, the (oan t#ies to pacif$ the batte#e# th#ou!h a sho( of "ind, nu#tu#in!

behavio#J o# b$ sipl$ sta$in! out of his (a$J )6+ the acute batte#in! incident phase (hich ischa#acte#i@ed b$ b#utalit$, dest#uctiveness and soeties, death. he batte#ed (oan usuall$#eali@es that she cannot #eason (ith hi and that #esistance (ould onl$ e-ace#bate he# conditionJand )2+ the t#an%uil pe#iod, (he#e the couple e-pe#ience a copound #elief and the batte#e# a$sho( a tende# and nu#tu#in! behavio# to(a#ds his pa#tne#.

Cont#a#$ to the findin!s in the ponencia, the defense (as able to establish the occu##ence on o#ethan one occasion of the 'tension&buildin! phase' of the c$cle. he va#ious testionies of appellant3s(itnesses clea#l$ #eveal that she "ne( e-actl$ (hen she (ould once a!ain be subected to acutebatte#$. <e# cousin, Ecel A#ano, testified that she often as"ed the latte# to sleep in he# house as she(as af#aid eve#$ tie he# husband cae hoe d#un". Clea#l$, (heneve# appellant #e%uested fo#

A#ano3s copan$, she (as e-pe#iencin! a tension&buildin! phase. he ba#an!a$ captain, Panfiloe#o, also testified that appellant sou!ht his help t(o onths befo#e she "illed he# husband, a!ain

deonst#atin! that she (as in the tension&buildin! phase and (as atteptin! to p#event anothe#incident of acute batte#$. Appellant p#esented evidence to p#ove that the tension&buildin! phase(ould occu# (heneve# he# husband (ould !o out loo"in! fo# othe# (oen, (ould lose at coc"fi!htso# (ould coe hoe d#un". She often t#ied to i!no#e he# husband3s attitude o#, as testified to b$soe (itnesses fo# the p#osecution, even shouted bac", fou!ht off o# even inu#ed he# husbanddu#in! the tension&buildin! phase, if onl$ to p#event the onset of acute batte#$.

Appellant (as able to pe#fectl$ desc#ibe the tension&buildin! phase of the c$cle iediatel$ p#io# tothe death of he# husband, i.e., (hen she "ne( o# felt that she (as !oin! to be "illed b$ thedeceased. She could not possibl$ have testified (ith cla#it$ as to p#io# tension&buildin! phases in thec$cle as she had neve# t#ied to "ill he# husband befo#e this tie.

It (as sho(n b$ the testionies of appellant and even (itnesses fo# the p#osecution that appellant(ould see" shelte# in he# othe#3s o# he# fathe#3s house afte# an acute batte#in! incident, afte# (hich(ould be!in the p#ocess of be!!in! fo# fo#!iveness, p#oises of chan!e in behavio# and #etu#n tothe conu!al hoe, onl$ fo# the sae c$cle to be!in all ove# a!ain.

o #e%ui#e appellant to p#ove the state of ind of the deceased, as sees to be #e%ui#ed inthe ponencia, (ould ean that no pe#son (ould eve# be able to p#ove self&defense in a batte#ed(oan case. Appellant could not possibl$ p#ove (hethe# the deceased felt p#ovo"ed into batte#in!b$ an$ act o# oission of appellant. She cannot possibl$ p#ove that she felt he#self to be the sole

http://www.lawphil.net/judjuris/juri2004/jan2004/gr_135981_2004.html#fnt1cys




suppo#t of the deceased3s eotional stabilit$ and (ell&bein!. Neve#theless, appellant felt t#appedand helpless in the #elationship as, in the end, she #eso#ted to "illin! he# husband as no one could o# did help he#, (hethe# out of fea# o# insensitivit$, du#in! the violent a##ia!e she endu#ed.

he 'acute batte#in! incident sta!e' (as (ell deonst#ated b$ the seve#e beatin!s suffe#ed b$

Ma#ivic in the hands of the deceased as (ell as the th#eats to "ill he# usin! a bolo o# a cutte#.6 heph$sical abuses occu##ed at least 2 ties a (ee" in the 00 ise#able $ea#s of thei# a##ia!e,2 si-incidents of (hich (e#e docuented b$ the 0//1&0//7 edical #eco#ds of Ma#ivic. he$ included,aon! othe#s, heatoa, contusion, and pain on the b#eastsJ ultiple contusions and t#aua onthe diffe#ent pa#ts of he# bod$ even du#in! he# p#e!nanc$ in 0//7.>he t#an%uil pe#iod unde#(ent b$Ma#ivic (as sho(n b$ the #epeated '"iss and a"e&up' episodes of thei# #elationship. On o#e than7 occasions, Ma#ivic #an to he# pa#ents3 house afte# violent fi!hts (ith the deceased onl$ to fo#!ivethe latte# eve#$ tie he (ould fetch he# and p#oise to chan!e.7

All these #ecu##in! phases of c$cle of violence, #epentance and fo#!iveness developed a t#aua inthe ind of Ma#ivic a"in! he# believe that a fo#thcoin! attac" f#o the deceased (ould cause he# death. his state of ind of Ma#ivic (as #evealed in he# testion$ !iven (a$ bac" in 0//8, befo#e

she (as e-ained b$ e-pe#ts on B*S. na(a#e of the si!nificance of he# decla#ations, shecandidl$ na##ated ho( she felt iediatel$ befo#e she "illed the deceased, thus &

A=. ABCANON


A =es, si#.



--- --- ---

L *hat happened (hen $ou (e#e b#ou!ht to the d#a(e#G

A <e d#a!!ed e to(a#ds the d#a(e# and he (as about to open the d#a(e# but he could notopen it because he did not have the "e$. hen he pulled his (allet (hich contained a bladeabout 2 inches lon! and I (as a(a#e that he (as !oin! to "ill e and I sashed his a# andthen the (allet and the blade fell. he one he used to open the d#a(e# I sa(, it (as a pipeabout that lon!, and (hen he (as about to pic"&up the (allet and the blade, I sashed hithen I #an to the #oo, and on that ve#$ oent eve#$thin! on $ ind (as pit$ on $self,then the feelin! I had on that ve#$ oent (as the sae (hen I (as aditted in P<I4P<OS

Clinic, I (as about to voit.

--- --- ---9

L *hat else happenedG

A *hen I (as in the #oo, I felt the sae thin! li"e (hat happened befo#e I (as aditted inP<I4P<OS Clinic, I (as about to voit. I "no( $ blood p#essu#e has #aised. I (asf#i!htened I (as about to die because of $ blood p#essu#e.













--- --- ---

A Conside#in! all the ph$sical suffe#in!s that I3ve been th#ou!h hi, I too" pit$ on $self andI felt I (as about to die also because of $ blood p#essu#e and the bab$, so I !ot the !unand shot hi.?

It ust be st#essed that the defense of 'Batte#ed *oan S$nd#oe' (as not #aised b$ Ma#ivicbefo#e the lo(e# cou#t but onl$ he#e on autoatic #evie(. his a"es the fo#e!oin! testion$ o#e(o#th$ of !#eat (ei!ht and c#edence conside#in! that the sae could not have been cunnin!l$ !ivento suit o# confo# to the p#ofile of a batte#ed (oan.

Mo#eove#, the#e (as indeed basis fo# Ma#ivic to fea# death because of he# edical histo#$. D#. DinoCain! testified that he t#eated Ma#ivic fo# h$pe#tension due to doesticall$ #elated eotional st#esson 62 sepa#ate occasions. he latest one (as on Novebe# 9, 0//7 (hen she suffe#ed f#o seve#eh$pe#tension and had a blood p#essu#e of 081061 on the 8 th onth of he# p#e!nanc$.8

5u#the#o#e, D#. Natividad A. Da$an, a clinical ps$cholo!ist and an e-pe#t on B*S (ho e-ained

Ma#ivic, assessed the effects of the #epeated violence on the latte# as follo(s;

A *hat I #eebe# ... (as it (as o#e than ten $ea#s that she (as suffe#in! f#o eotionalan!uish. he#e (e#e a lot of instance of abuses, ... eotional abuse...ve#bal abuse and...ph$sical abuse. he husband had ve#$ ea!e# incoe, she (as the one (ho (as p#acticall$the b#ead ea#ne# of the fail$. he husband (as involved in a lot of vices, !oin! out(ith bar"adas, d#in"in!, even (oani@in!, bein! involved in coc"fi!htin! and in !oin! hoeve#$ an!#$ (hich... t#i!!e#ed a lot of ph$sical abuse. She also had the e-pe#ience of tauntin!f#o the husband fo# the #eason that the husband even accused he# of infidelit$, the husband(as sa$in! that the child she (as ca##$in! (as not his o(n. So she (as ve#$ an!#$, she (asat the sae tie ve#$ dep#essed because she .. .felt alost li"e livin! in pu#!ato#$ o# evenin hell (hen it (as happenin! da$ in and da$ out.

--- --- ---

L And (hat (as it that t#i!!e#ed ... that t#a!ed$ in $ou# opinionG

A I thin" fo# seve#al (ee"s, she (as al#ead$ havin! all those tensions, all those an-ieties,the$ (e#e not enou!h, that the husband (as even !oin! to coc"fi!htin! - - -

A She (as an!#$ (ith hi, he (as an!#$ (ith he# and I thin" he d#a!!ed he# and even spunhe# a#ound. She t#ied to fi!ht hi so the#e (as a lot of fi!ht and (hen she (as able toescape, she (ent to anothe# #oo and she loc"ed he#self (ith the child#en. And (hen thehusband (as fo# a (hile ve#$ an!#$ he cals do(n then and then )sic+. But I #eebe#befo#e that the husband (as loo"in! fo# the !un and I thin" he (as not able to open thecabinet because she had the "e$. So du#in! that tie, I #eebe#, that she (as ve#$ uchaf#aid of hi, so (hen the husband caled do(n and he (as asleep, all she (as conce#ned(as to end up he# ise#$, to save he# child (hich she (as ca##$in! and to save he# t(ochild#en. I believe that soeho( she3s not #ational./

--- --- ---

PROS. R=A









L M#s. *itness, bein! an e-pe#t (itness, !ivin! o#e the facts and ci#custances on thiscase that the boo"s $ou studied in the e-pe#tise in line and in the ?? hou# contact (ithappellant M#s. :enosa, could $ou sa$ that this is not o#dina#$ self&defense but a su#vival onhe# pa#tG

A =es, si#.

L o (hat she did to he# husband )sic+G

A =es, si# this is not an o#dina#$ self&defense, but this is a need to su#vive, a need to su#vive(ith he# t(o sons and the child she3s b#in!in!.

L <ad she not able to "ill he# husband, (ould she still be in the ve#$ sho#t oent (ith thevicti )sic+G

A If she did not do that she believes that she (ill be the one (ho (ould be "illed.01

he#e is no doubt the#efo#e that Ma#ivic (as afflicted (ith the 'Batte#ed *oan S$nd#oe' and thatit (as an app#ehension of death and the instinct to defend he# and he# unbo#n child3s life that d#ovehe# to "ill he# husband.

he ponente fu#the# #efused to sustain the self&defense p#offe#ed b$ Ma#ivic because the#e (asalle!edl$ no a!!#ession o# dan!e# posed on he# life b$ the victi at the tie she attac"ed the latte#.

A!ain, I be! to disa!#ee.

#aditionall$, in o#de# that self&defense a$ be app#eciated, the unla(ful a!!#ession o# the attac"ust be iinent and actuall$ in e-istence. his inte#p#etation ust, ho(eve#, be #e&evaluated vis%a%vis the #eco!ni@ed inhe#ent cha#acte#istic of the ps$che of a pe#son afflicted (ith the 'Batte#ed*oan S$nd#oe.' As p#eviousl$ discussed, (oen afflicted b$ this s$nd#oe live in constant fea#

fo# thei# life and thus #espond in self&defense. Once B*S and an ipendin! dan!e# based on theconduct of the deceased in p#evious batte#in! episodes a#e established, actual occu##ence of anassault is no lon!e# a condition sine qua non befo#e self defense a$ be upheld. hreateningbehavior or communication can satisfy the required imminence of danger. As stated inthe ponencia, to #e%ui#e the batte#ed pe#son to a(ait an obvious deadl$ attac" befo#e she can defendhe# life (ould aount to sentencin! he# to u#de# b$ installent.

In the case at ba#, the c$cle of violence pe#pet#ated b$ the deceased, (hich culinated in theph$sical assaults and an attept to shoot Ma#ivic (hen she (as 8 onths p#e!nant, too" the placeof unla(ful a!!#ession, thus entitlin! he# to a coplete self defense even if the#e (asno actual eplo$ent of violence b$ the deceased at the tie of the "illin!. Ma#ivic had eve#$#eason to believe that the deceased (ould "ill he# that ni!ht not onl$ because the latte# (as ve#ball$th#eatenin! to "ill he# (hile atteptin! to !et a !un f#o the d#a(e#, but o#e ipo#tantl$ becausethe deceased (ounded he# on the (#ist (ith a bolo, and because of the deceased3s p#eviousconduct of th#eatenin! to cut he# th#oat (ith a cutte# (hich he "ept in his (allet. Luoted he#eunde#a#e the #elevant testionies of Ma#ivic &

A *hen I a##ived hoe, he (as al#ead$ in his usual behavio#.

--- --- ---





A <e (as d#un" a!ain, he (as $ellin! in his usual un#ul$ behavio#.

--- --- ---

A <e (as na!!in! ... e at that tie and I ust i!no#ed hi because I (ant to avoid t#ouble

fo# fea# that he (ill beat e a!ain. Pe#haps he (as disappointed because I ust i!no#edhis p#ovocation and he s(itch off the li!ht and I said to hi, '(h$ did $ou s(itch off the li!ht(hen the child#en (e#e the#e.' At that tie I (as also attendin! to $ child#en (ho (e#edoin! thei# assi!nents. <e (as an!#$ (ith e fo# not ans(e#in! his challen!e, so he (entto the "itchen and !ot a bolo and cut the antenna (i#e to stop e f#o (atchin! television.

--- --- ---

A <e s(itched off the li!ht and the child#en (e#e shoutin! because the$ (e#e sca#ed andhe (as al#ead$ holdin! a bolo.

L <o( do $ou desc#ibe this boloG

A 0 06 feet.

--- --- ---

L =ou said the child#en (e#e sca#ed, (hat else happened as Ben (as ca##$in! that boloG

A <e (as about to attac" e so I #an to the #oo.

L *hat do $ou ean that he (as about to attac" $ouG

A *hen I attepted to #un he held $ hands and he (hi#led e and I fell on the bedside.00

--- --- ---

COR

o the (itness

--- --- ---

L he bolo that $ou said (hich Ben (as holdin! at that tie, (as it a bolo o# a "nifeG

A Bolo.

L *e#e $ou (ounded o# (e#e the#e inflictions on $ou# bod$ (hen he (as holdin! and t#$in!to f#i!hten $ou (ith that boloG

A No, onl$ he#e.

COR INERPREER





)he (itness pointed to he# (#ist+.

COR

o the (itness

L =ou (e#e deonst#atin! a otion, (hi#lin!, did $ou# husband #eall$ (hi#l $ouG

A =es, $ou# <ono#.

L <o( did he (hi#l $ouG

A *hi#led a#ound.

L Fust li"e spinnin!.

--- --- ---

L *he#e did he (hi#l $ou, (as it inside the bed#oo o# outsideG

A In ou# bed#oo.

L hen afte# the (hi#lin! (hat happenedG

A <e "ic"ed $ ass and then I sc#eaed.06

--- --- ---

L =ou sc#eaed fo# help and he left, do $ou "no( (he#e he (as !oin!G

A Outside pe#haps to d#in" o#e.

L *hen he left (hat did $ou do...G

A I pac"ed all his clothes.

L *hat (as $ou# #eason in pac"in! his clothesG

A I (anted hi to leave us.02

A I (as f#i!htened that $ husband (ould hu#t e, so I pac"ed all his thin!s then on thefollo(in! da$ I (ill leave, I (as af#aid and I (ant to a"e su#e I (ould delive# $ bab$safel$.0>

--- --- ---

A Afte# a couple of hou#s, he (ent bac" a!ain and !ot an!#$ (ith e fo# pac"in! his clothes,then he d#a!!ed e a!ain outside of the bed#oo holdin! $ nec".











A=. ABCANON

L =ou said that (hen Ben cae bac" to $ou# house, he d#a!!ed $ouG <o( did he d#a!...$ouG

COR INERPREER

)he (itness deonst#ated to the Cou#t b$ usin! he# #i!ht hand fle-ed fo#cibl$ in he#f#ont nec"+

A And he d#a!!ed e to(a#ds the doo# bac"(a#ds.

A=. ABCANON


A Outside the bed#oo and he (anted to !et soethin! and then he "ept shoutin! at ethat '$ou i!ht as (ell be "illed so the#e (ill be nobod$ to na! e.


A =es, si#.



--- --- ---

L *hat happened (hen $ou (e#e b#ou!ht to the d#a(e#G

A <e d#a!!ed e to(a#ds the d#a(e# and he (as about to open the d#a(e# but he could notopen it because he did not have the "e$. hen he pulled his (allet (hich contained a bladeabout 2 inches lon! and I (as a(a#e that he (as !oin! to "ill e and I sashed his a# andthen the (allet and the blade fell. he one he used to open the d#a(e# I sa(, it (as a pipeabout that lon!, and (hen he (as about to pic"&up the (allet and the blade, I sashed hithen I #an to the #oo, and on that ve#$ oent eve#$thin! on $ ind (as pit$ on $self,then the feelin! I had on that ve#$ oent (as the sae (hen I (as aditted in P<I4P<OSClinic, I (as about to voit.

--- --- ---

L =ou said that he d#opped the blade, fo# the #eco#d (ill $ou please

desc#ibe this blade about 2 inches lon!, ho( does it loo" li"eG

A h#ee )2+ inches lon! and 06 inch (ide.

L Is it a fle-ible bladeG



A It3s a cutte#.



L <o( did he do itG



A =es si#, that (as the obect used (hen he intiidate e.07

RE&DIREC B= A=. ABCANON

L In othe# (o#ds, the#e (e#e t(o )6+ incidents, the fi#st incident and then he left and then t(o)6+ hou#s afte# he cae bac"G

A =es, si#.

L And the (hi#lin! happened in the fi#st incidentG

A =es, si#.

L And the d#a!!in! (ith a#s fle-ed in he# nec" and on that blade

happened on the second incident )sic+G

A =e, si#.

--- --- ---

COR

o the (itness

L *h$, (hat is that blade aboutG

A A cutte# about 2 inches lon!.

L *ho used thatG

A Ben.

L <e used that on $ouG

A <e sca#ed e on that )sic+.





--- --- ---

L But he did not hit $ou (ith thatG

A =es, because I ana!ed to #un eve#$ tie he sca#ed )sic+.09

he#e a#e an$ thin!s (hich cannot be p#oved b$ di#ect evidence. One of this is state of ind. Inthe case at ba#, the#e is o#e than sufficient ph$sical evidence p#esented b$ the appellant f#o(hich he# ental state can be infe##ed. he p#osecution did not obect to the p#esentation of theseph$sical and testionial pieces of evidence, nael$, the edical #eco#ds of 62 instances ofdoestic violence&#elated inu#ies and the testionies of nei!hbo#s, cousins and even the ba#an!a$captain. Indeed, no pe#son (ould endu#e 62 #epo#ted instances of beatin!s if she (e#e plannin! to"ill he# spouse in the fi#st place. he ao#it$ need not (o##$ that (oen a#ound the count#$ (illaste#ind the "illin!s of thei# husbands and then use this Decision to bolste# thei# attepts toeplo$ the B*S defense.

Mo#eove#, as found in the ponencia, appellant should be allo(ed the iti!atin! ci#custance of

passion and obfuscation. his, at the ve#$ least, suppo#ts a findin! that the acts of violence andbatte#$ coitted b$ the deceased (e#e ille!al and unla(ful and (e#e coitted iediatel$befo#e appellant could #ecove# he# natu#al e%uaniit$. But (hat is the natu#al e%uaniit$ of abatte#ed (oanG Appellant (as not a no#al a##ied (oan. She can neve# be in a state of natu#ale%uaniit$ as she (as in a constant state of ale#tness and h$pe#sensitivit$ to the ne-t phase ofacute batte#$. he esteeed ponente also co##ectl$ found that the appellant acted (ith diinished(ill&po(e#. <o(eve#, he failed to !o fu#the#. In the case of People v. 'avier ,0? it (as held;

Since accused&appellant has al#ead$ aditted to the "illin!, it is incubent upon hi to p#ove theclaied iti!atin! ci#custance of illness. In this case, ho(eve#, aside f#o the testion$ of theaccused that his ind (ent blan" (hen he "illed his (ife due to loss of sleep, no edical findin! (asp#esented #e!a#din! his ental condition at the tie of the "illin!. his Cou#t can ha#dl$ #el$ on theba#e alle!ations of accused&appellant, no# on e#e p#esuptions and conectu#es. No clea# andconvincin! evidence (as sho(n that accused&appellant (as suffe#in! an il lness (hich diinishedhis e-e#cise of (ill&po(e# at the tie of the "illin!.08

In the case at ba#, appellant (as allo(ed and did in fact p#esent clea# and convincin! evidence thatshe (as a batte#ed (oan fo# 02&0> $ea#s and that she suffe#ed f#o the 'Batte#ed *oanS$nd#oe'. E-pe#t testion$ (as p#esented and aditted to this effect, such that the ponente abl$discussed the causes and effects of the s$nd#oe. o i!no#e the testion$ and the evidence thusp#esented is to a"e ipossible the p#oof of ental state. Evidence as to the ental state need notbe also 'be$ond #easonable doubt.'

He#il$, the #e%ui#eent of th#eatenin! behavio#al patte#n of the batte#e# in p#evious violent episodes(as sufficientl$ satisfied in the p#esent case. his, u-taposed to Ma#ivic3s affliction (ith B*S

ustified the "illin! of the deceased. he dan!e# posed o# c#eated in he# ind b$ the latte#3s th#eatsusin! bladed (eapons, b#ed a state of fea#, (he#e unde# the ci#custances, the natu#al #esponse ofthe batte#ed (oan (ould be to defend he#self even at the cost of ta"in! the life of the batte#e#.

he ponencia!s ac"no(led!eent of 'Batte#ed *oan S$nd#oe' as a valid fo# of self&defense, isa noble #eco!nition of the pli!ht of, and a t#iuph fo# batte#ed (oen (ho a#e t#apped in a cultu#e of silence, shae, and fea#. his (ould ho(eve# be an ept$ victo#$ if (e delibe#atel$ close ou# e$esto the antecedents of this case. he facts a#e siple. Ma#ivic (as suffe#in! f#o the 'Batte#ed


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*oan S$nd#oe' and (as defendin! he#self (hen she "illed he# husband. <e# ac%uittal of thecha#!e of pa##icide is the#efo#e in o#de#.

!N #!E7 7EREOF, I vote to ACLI Ma#ivic :enosa.

Foo*no*'(

0 Penned b$ Fud!e 5o#tunito 4. Mad#ona.

6 Assailed Decision, p. 0?J rollo, p. >2.

2 Si!ned b$ P#ovincial P#osecuto# I Rosa#io D. Beleta.

> )ollo, p. /.

7 Att$. Foventino Isid#o. he accused (as also #ep#esented late# b$ Att$. :il Ma#vel P.abucanon.

9 Reco#ds, p. 97.

? Appellee3s B#ief, pp. 7&02J rollo, pp. >27&>>2. Si!ned b$ Solicito# :ene#al Alf#edo 4.Benipa$o, Assistant Solicito# :ene#al a#l B. Mi#anda, and Solicito# Ma. Ana C. Rive#a.

8 Spelled as 'Basobas' in soe pa#ts of the #eco#d.

/

Appellant3s B#ief, pp. 01&?0J rollo, pp. 68>&2>7J si!ned b$ Att$. at#ina 4e!a#da. Citationsoitted.

01 Lualif$in! he# e-pe#tise, D#a. Da$an stated that she had been a p#actisin! clinicalps$cholo!ist fo# ove# t(ent$ )61+ $ea#s. Cu##entl$, she is a p#ofesso# at the De 4a Sallenive#sit$. P#io# the#eto, she (as the head of the Ps$cholo!$ Depa#tent of the AssuptionColle!eJ a ebe# of the facult$ of Ps$cholo!$ of the Ateneo de Manila nive#sit$ and St.Foseph3s Colle!eJ and the counselin! ps$cholo!ist of the National Defense Colle!e. Sheobtained he# bachelo#3s de!#ee in ps$cholo!$ f#o the nive#sit$ of the Philippines )P+, he# Maste# of A#ts in Clinical Counselin! f#o Ateneo, and he# Ph.D. also f#o P. She is thesec#eta#$ of the Inte#national Council of Ps$cholo!ists, cop#ised of ebe#s f#o about 98count#iesJ and (as the past p#esident of the Ps$cholo!ical Association of the Philippines.She is a ebe# of the 5o#ensic Ps$cholo!$ Association, the Ae#ican Ps$cholo!ical

Association, and the ASEAN Counselin! Association. She autho#ed the boo" entitled *nergy 1lobal Psychology )to!ethe# (ith D#s. Allen an and Allan Be#na#do+. D#a. Da$an alsolectu#es at the Philippine Fudicial Acade$, #ecentl$ on the socio&deo!#aphic andps$cholo!ical p#ofiles of failies involved in doestic violence cases. On the subect, shehad conducted, fo# ove# a pe#iod of ten $ea#s, #esea#ch on the p#ofiles of about 711 failiesinvolved in doestic violence.

00 D#. Paa#illo obtained his edical de!#ee f#o the nive#sit$ of Santo oas and has beenin the p#actice of ps$chiat#$ fo# thi#t$&ei!ht $ea#s. <e honed his p#actice in ps$chiat#$ and

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neu#olo!$ du#in! his stint (ith the Hete#ans Meo#ial Medical Cent#e. he#eafte#, he (ascalled to active dut$ in the A#ed 5o#ces of the Philippines and (as assi!ned at the H. 4unaMedical Cente# fo# t(ent$&si- $ea#s. <e (as a diploate of the Philippine Boa#d ofPs$chiat#$J and a fello( of the Philippine Boa#d of Ps$chiat#$ and the Philippine Ps$chiat#$

Association. <e (as also a ebe# of the *o#ld Association of Milita#$ Su#!eonsJ the

Lue@on Cit$ Medical Societ$J the Ca!a$an Medical Societ$J and the Philippine Associationof Milita#$ Su#!eons. <e autho#ed he -omparative Analysis of 5ervous Brea"down in thePhilippine Military Academy from the Period 6789%67:;, (hich (as p#esented t(ice ininte#national con!#esses. <e also autho#ed 'he Mental <ealth of the A#ed 5o#ces of thePhilippines 6111,' (hich (as li"e(ise published inte#nationall$ and locall$. On a Pa#"e&Davis!#ant, he published a edical te-tboo" on the use of P#asepaJ on an ER S%uibb !#ant, he(as the fi#st to use Enanthate )si%uiline+J and he published the use of the d#u! opiclo in0/87&89. P#io# to his #eti#eent f#o !ove#nent se#vice, he obtained the #an" of B#i!adie#:ene#al. )SN, 5eb#ua#$ /, 6110, pp. 9&/J E-hibits '5'&'5&/'&Appellant )Bio&Data of D#.Paa#illo+.

06 his case (as deeed subitted fo# #esolution on Ap#il >, 6112, upon #eceipt b$ this Cou#tof appellee3s B#ief. Appellant3s B#ief (as filed on Decebe# 6, 6116.

02 Appellant3s B#ief, #ollo, pp. 2>9&2>?. O#i!inal in uppe# case.

0> Caca v. Cou#t of Appeals and People, 2>0 Phil. 00>, Ful$ ?, 0//?J People v . Pa#a!ua, 269Phil. /62, Ma$ 6>, 0//9J People v. ano$, 28? Phil. ?71, Ma$ 06, 6111J People v . Ma!a#o,272 Phil. 896, Ful$ 6, 0//8.

07 07 of A#t. HIII of the Constitution p#ovides;

'Sec. 07. )0+ All cases o# atte#s filed afte# the effectivit$ of this Constitution ust be decidedo# #esolved (ithin - - - th#ee onths fo# all othe# lo(e# cou#ts.

')6+ A case o# atte# shall be deeed subitted fo# decision o# #esolution upon the filin! ofthe last pleadin!, b#ief, o# eo#andu #e%ui#ed b$ the Rules of Cou#t o# b$ the cou#t itself.'

09 222 Phil. 61, Decebe# 6, 0//9, pe# Puno, ' .

0? SN, Septebe# 62, 0//?, pp. 00&06 0>J SN, Novebe# 06, 0//?, pp. 6/ 22.

08 SN, Au!ust 9, 0//8, pp. ?&8.

0/ People v. Sa#abia, 2?9 Phil. 26, Octobe# 6/, 0///.

61

Appellee3s B#ief, p. 69, citin! People v. De los Re$es, 66/ SCRA >2/, Fanua#$ 60,0//>. See also 7 of Rule 001 of the Ne( Rules of C#iinal P#ocedu#e and People v .He#!a#a, 660 SCRA 791, Ap#il 68, 0//2.

60 People v. Rabanal, 2>/ SCRA 977, Fanua#$ 0/, 6110J People v . Ca#io, 270 Phil. 9>>,Ma#ch 20, 0//8J People v . Baniel, 2>0 Phil. >?0, Ful$ 07, 0//?.

66 People v. Pe#alta, 271 SCRA 0/8, Fanua#$ 6>, 6110.







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62 See Ibn&aas v . S, >?? A.6d 969, 0/?/ DC App. 4ETIS >7?J Mc4uc"ie v . Abbott, 22?5.2d 00/2J 6112 S App. 4ETIS 076>1J DePet#is v . u$"endall, 62/ 5.2d 017?J 6110 S

App. 4ETIS 0196J State v . elle$, >?8 A.6d 29> )0/8>+J McMau!h v . State, 906 A.6d ?67 )RI0//6+J State v . 5#ost, 7?? A.6d 0686 )NF Supe#. Ct. App. Div. 0//1+J State v . :alle!os, ?0/P.6d 0698 )NM Ct. App. 0/89+J R. v . 4avallee )0//1+ 0 SCRJ Reill$ v . he Lueen, )0/8>+ 6

SCR 2/9.

6> S$posiu on Doestic Hiolence. A#ticle; 'P#ovidin! 4e!al P#otection fo# Batte#ed*oen; An Anal$sis of State Statutes and Case 4a(,' 4ETSEE 60 <ofst#a 4. Rev. 810)Sue# 0//2+, 0090.

67 McMau!h v . State, 906 A.6d ?67, ?20, %uotin! 4. *al"e#, he Battered &oman, at TH)0/?/+.

69 People v . o##es, 068 Misc6d, 06/, >88 N=S6d 278J McMau!h v . State, 906 A.6d ?67.

6? *al"e#, 4eno#e, he Battered &oman Syndrome )0/8>+, pp. /7&/9. D#. *al"e#, a clinical

ps$cholo!ist, is an ac"no(led!ed e-pe#t on B*S in the nited States. She is a pionee##esea#che# in the field. In this boo", she #epo#ts the #esults of he# stud$ involvin! >11batte#ed (oen. <e# #esea#ch (as desi!ned to test epi#icall$ the theo#ies e-pounded inhe# ea#lie# boo", he Battered &oman )0/?/+. In 0/8/, she also (#ote errifying ove< &hyBattered &omen =ill and $ow Society )esponds.

68 *al"e#, errifying ove< &hy Battered &omen =ill and $ow Society )esponds )<a#pe#Pe#ennial, 0/8/+, p. >6.

6/ (bid . See also R. v . 4avallee, supraJ Ibn&aas v . S, supra.

21 (bid .

20 (bid .

26 SN, Au!ust 9, 0//8, pp. 06&0/.

22 E-hibits 0 0&AJ #eco#ds, p. >>.

2> SN, Au!ust 7, 0//8, pp. 0>&62, 6?&20.

27 SN, Decebe# 09, 0//?, pp. 07&0? 61&60.

29 SN, Ma$ 66, 0//8, pp. 6&61.

2? SN )A#tu#o Basobas+, Ful$ 60, 0//?, pp. 02, 07 60J SN )Fose Ba##ientos+, Decebe#07, 0//?, pp. 0?&61J SN )Funnie Ba##ientos+, Decebe# 07, 0//?, pp. 27&2?J SN )Ecel

A#ano+, Ma$ 66, 0//8, pp. 01 61.

28 SN, Au!ust 9, 0//8, pp. 0/&26.

2/ SN, Fanua#$ 07, 6110, pp. 2?&28.





































>1 (d ., pp. 70&72.

>0 (d ., p. 29.

>6 E-hibits ':'&':&2' & Appellant.

>2 (bid .

>> In R. v . 4avallee, supra.

>7 (bid .

>9 5iona E. Raitt and M. Su@anne eed$", he Iplicit Relation of Ps$cholo!$ and 4a(;*oen and S$nd#oe Evidence, pp. 99&9? )E-h. D+.

>? *al"e#, errifying ove, p. >?.

>8 SN, Fanua#$ 07, 6110, p. 08.

>/ (d ., p. 61.

71 SN, 5eb#ua#$ /, 6110, pp. 00&02.

70 (d ., p. 0>.

76 *al"e#, errifying ove, p. >8.

72 (d ., pp. >/&71.

7> (bid .

77 D#. 4eno#e *al"e#3s testion$ befo#e the cou#t in (bn%amas, supra.

79 Ps$cholo!ist Nanc$ ase#&Bo$d testif$in! as an e-pe#t on the batte#ed (oan s$nd#oein +epetris, supra.

7? D#. 4eno#e *al"e#3s testion$ befo#e the cou#t in (bn%amas, supra.

78 <e# biolo!ical pa#ents lived sepa#atel$.

7/ State v . ell$, 977 P.6d 0616, 0612 )0/86+.

91 'he case (ould #ise o# fall on (hethe# . . . appellant acted in actual fea# of iinentha# f#o he# husband (hen she shot o# inu#ed hi . . . .' Depet#is v .u$"endall, supra. See also People v . o##es, 068 Misc6d 06/, >88 N=S.6d 278.

90 People v. PO2 4an!#es, 2?7 Phil. 6>1, 678, Octobe# 02, 0///.




















































96 See also People v. Pla@o, 271 SCRA >22, Fanua#$ 6/, 6110J People v . Ca#io, 270 Phil.9>>, Ma#ch 20, 0//8J People v . iblo#, 2>8 Phil. 8>?, Fanua#$ 6?, 0//8.

92 People v. Saul, 2?6 SCRA 929, Decebe# 0/, 6110.

9> People v. :alapin, 277 Phil. 606, Ful$ 20, 0//8J People v . Panes, 2>2 Phil. 8?8, Au!ust 6/,0//?.

97 State v . :alle!os, 01> NM 6>?, ?0/ P.6d 0698, citin! Ebe#, he Batte#ed *ife3s Dilea;o ill o# o Be illed, 26 <astin! 4F 8/7, /68 )0/80+.

99 (d., citin! State v . *al"e#, >1 *ash.App. 978, ?11 P.6d 0098 )0/87+.

9? People v . Saul, supra.

98 People v. Bato, 2>8 SCRA 672, Decebe# 07, 6111.

9/ People v. Ma%uilin!, 298 Phil. 09/, Fune 60, 0///J People v. Discalsota, :R No. 0298/6, Ap#il 00, 6116.

?1 E-hibits 'B' et se%. & Appellant, p. 01.

?0 SN, 5eb#ua#$ /, 6110, p. 0/.

?6 (d ., pp. 07&0?.

?2 (d ., p. 7>.

?>

'A#t. 02. Mitigating -ircumstances. K he follo(in! a#e iti!atin! ci#custances;

- - - - - - - - -

'/. Such illness of the offende# as (ould diinish the e-e#cise of the (ill&po(e# of theoffende# (ithout ho(eve# dep#ivin! hi of the consciousness of his acts.'

?7 '01. And, finall$, an$ othe# ci#custances of a siila# natu#e and analo!ous to those aboveentioned.'

?9 See People v. Favie# , 2?1 Phil. 7/9, Ful$ 68, 0///J People v . Ait, 86 Phil. 861, 5eb#ua#$07, 0/>/J People v . 5#ancisco, ?8 Phil. 9/>, Ful$ 09, 0/>?J People v. Balne!, ?/ Phil. 817,

Fanua#$ /, 0/>8.

?? People v. 4obino, 2?7 Phil. 0197, Octobe# 68, 0///J People v . Halles, 22> Phil. ?92,Fanua#$ 68, 0//?.

?8 I Re$es, he )evised Penal -ode, p. 6?6 )0//8+.

?/ Acco#din! to D#. 4eno#e *al"e#, batte#e#s coonl$ 'escalate thei# abusiveness' (henthei# (ives a#e p#e!nant.








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81 (d., pp. 0?&08.

80 People v. Cabande, 280 Phil. 88/, 5eb#ua#$ 8, 6111.

86 People v. 4lanes, 280 Phil. ?22, 5eb#ua#$ >, 6111.

82 People v . Albao, 282 Phil. 8?2, Ma#ch 6, 6111J People v . A!uila#, 27> Phil. 291, Ful$ 01,0//8.

8> SN, Au!ust 9, 0//8, pp. 69&26.

87 People v. Bulu#an, 286 Phil. 29>, 5eb#ua#$ 07, 6111J People v . E#eo, 282 Phil. 21,5eb#ua#$ 66, 6111.

89 People v . Caete, >> Phil. >?8, 5eb#ua#$ 7, 0/62J People v . Na#vae@, 619 Phil. 20>, Ap#il61, 0/82.

8? People v . A!uila#, supra.

88 'A#t. 9>. Rules fo# the application of penalties (hich contain th#ee pe#iods.

- - - - - - - - -

'7. *hen the#e a#e t(o o# o#e iti!atin! ci#custances and no a!!#avatin!ci#custances a#e p#esent, the cou#t shall ipose the penalt$ ne-t lo(e# to thatp#esc#ibed b$ la(, in the pe#iod that it a$ dee applicable, acco#din! to the nube# and natu#e of such ci#custances.'

- - - - - - - - -

8/ People v. Na#vae@, 619 Phil. 20>, Ap#il 61, 0/82J :ueva##a v . Cou#t of Appeals, 08? SCRA>8>, Ful$ 09, 0//1.

/1 Basan v. People, 90 SCRA 6?7, Novebe# 6/, 0/?>.

/0 7, Indete#inate Sentence 4a( )Act >012, as aended+.

N"RESS"NT!"GO, J .%

0 People v. :enosa, :.R. No. 027/80, 6/ Septebe# 6111, 2>0 SCRA >/2, >/8.

6 SN, Au!ust 9, 0//8, pp. 66&21J >?&>/J 71&70.

2 (d., pp. 8&02, 08.

> E-hibit 0, Copilation of E-hibits, p. >>.

7 SN, Au!ust 9, 0//8, pp. 06&02J 29&2?.



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9 (d., pp. 6?&68.

? (d., pp. 20&26.

8 SN, Au!ust 7, 0//8, pp. 60&20.

/ SN, Fanua#$ 07, 6110, pp. 28&>1.

01 (d., pp. ?>&?7.

00 SN, Au!ust 9, 0//8, pp. 66&67.

06 (d ., pp. >?&>/.

02 (d., pp. 67&69.

0>

(d., p. 2>.

07 (d., pp. 69&21.

09 (d., pp. 71&70.

0? :.R. No. 02197>, 68 Ful$ 0///.

08 Supra, at 780&786.






























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