PEOPLE OF THE PHILIPPINES vs.

MARIVIC GENOSA
G.R. No. 135981
January 15, 2004

FACTS:
On 25 September 25, 2998, the decision of the Regional Trial Court of Ormoc City (Branch 35)
in Criminal Case No. 5016-0, finds Marivic Genosa guilty beyond reasonable doubt of parricide,
that Genosa killed Ben Genos, her legitimate husband, using a hard deadly weapon on 15
November 1995 at Barangay Bilwang, Isabela, Leyte.
Ruling of the RTC found that the theory of self-defense is groundless for the prosecution
evidence shows that the appellant killed Ben Genosa, defenseless and lying in bed asleep, when
the appellant smashed him with a pipe at the back of his bed.
On 19 February 2000, appellant filed an Urgent Omnibus Motion pleading that the Court to
allow the following:
1. Reexamination of Ben Genosa’s cause of death;
2. Reception of expert’s psychological opinion on Marivic Genosa’s state of mind; and
3. Inclusion the psychologists’ report in the records of the case for purposes of automatic
review or partial reopening of the case for the lower court to admit the experts’
testimonies.
The Court on 29 September 2000, grant the appellant’s Motion on remanding the case to the trial
court in attaching the psychological and/or psychiatric opinion on the “battered woman
syndrome” plea demanding the lower court to report to this Court the proceedings taken and
submit copies of the TSN and additional evidence, if any.
Battered Woman Syndrome is often referred by the so called “cycle of violence” which comes
into three phases;
1. Tension building where minor battering occurs. This could be verbal or slight physical
abuse which the woman tries to appease by showing a kind and/or nurturing behavior or
by simply coming out of his way. This behavior results to the man legitimized his belief
that he has the right to hurt her;
2. Acute Battering Incident that is characterized by brutality, destructiveness and,
sometimes, death. The battered woman has no control, and realizes that she cannot reason
with him and resistance would only worsen the condition; and
3. Tranquil Period where the woman consoles herself by believing she’s responsible for the
batterer’s well-being, that her partner will change for the better and comeback to person
whom she loves.
Behind this cycle of "tension, violence and forgiveness," each partner believes that neither one of
them could be independent, that it is better to die than to be separated.
Through an examination done by Atty. Tabucanon, the appellant revealed that on the succeeding
years of their marriage, her husband became an abusive and a habitual drinker. The cycle of
“tension, violence and forgiveness” would go on, he’ll beat her, she’ll leave their home, and he’ll
ask for forgiveness. During those cruelty, Marivic sought medical help from their company
physicians, Dr. Dino Caing, Dr. Lucero and Dra. Cerillo.
Dr. Dino Caing supported his testimony on the chronic battery by using her Out-Patient Chart on
Marivic Genosa at the Philphos Hospital with this records;
1, May 12, 1990 - physical findings are as follows: Hematoma (R) lower eyelid and redness of
eye. Attending physician: Dr. Lucero;
2. March 10, 1992 - Contusion-Hematoma (L) lower arbital area, pain and contusion (R) breast.
Attending physician: Dr. Canora;
3. March 26, 1993 - Abrasion, Furuncle (L) Axilla;
4. August 1, 1994 - Pain, mastitis (L) breast, 2o to trauma. Attending physician: Dr. Caing;
5. April 17, 1995 - Trauma, tenderness (R) Shoulder. Attending physician: Dr. Canora; and
6. June 5, 1995 - Swelling Abrasion (L) leg, multiple contusion Pregnancy. Attending physician:
Dr. Canora.
In addition, Dr. Caing told the court that he had a talk with the appellant revealing that this
injuries were done by her husband. Moreover, On 6 November 1995, the appellant was admitted
for one day because of hypertension headache which complicates her eight-month pregnancy at
PHILPHOS Hospital. The records also revealed that Marivic Genosa had a consultation for
twenty-three (23) times because of tensional headache from periods 1989 to 1995.
As a witness to Marivic’s psychological state Dra. Dayan showed her Psychological Evaluation
Report dated 29 November 2000 that is concurred from several psychological tests she had
administered to the appellant. This revealed the Marivic’s case is a case of Battered Woman
Syndrome. The repeated battering Marivic experienced with her husband constitutes a form of
[cumulative] provocation which broke down her psychological resistance and natural self-
control. This developed to a heightened sensitivity to sight of impending danger her husband
posed continuously. Marivic truly experienced at the hands of her abuser husband a state of
psychological paralysis which can only be ended by an act of violence on her part.
Dr. Pajarillo supports the findings of Dra. Dayan. He explained that the effect of "repetitious
pain taking, repetitious battering, and repetitious maltreatment" as well as the severity and the
prolonged administration of the battering is posttraumatic stress disorder
This resulted to the curtailing of her freedom of action, intelligence or intent. This circumstance
should be taken in her favor and considered as a mitigating factor pursuant to paragraphs 9 and
10 of Article 13 of the Revised Penal Code.
Treachery was also present on the trial court’s ruling. Treachery is present if committed crime is
proven as certainly as the killing itself; this cannot be deduced from mere inferences, or
conjectures that doesn’t have a place in the appreciation of evidence. The trial court inferred that
the appellant have done this circumstance merely from the fact that the lifeless body of Ben had
been found lying in bed with an "open, depressed, circular" fracture located at the back of his
head.
On Marivic’s Testimony, it is revealed that on the night of the incident, which she, again,
suffered physical and verbal abused from the deceased. An attempt on the appellant’s life was
also present. For the fear of her life and the life of the fetus inside her, she took the gone and shot
his husband.

ISSUES:
1. Whether or not the appellant acted in self-defense and in defense of her fetus
2. Whether or not treachery attended the killing of Ben Genosa

HELD
1. The Court dismisses the possibility of self-defense arising from battered-woman
Syndrome for the following reasons;
 Each phase of the cycle must be proven and must have characterized by at least
two battering episode
 The final acute battering episode must have produced in the battered person’s
mind an actual fear of harm from her batterer which resulted to her belief that she
needed force in order to save her life
 At the time of the killing, the batterer must have posed probable grave harm to the
accused, based on the history of violence perpetrated by the former against the
latter.

2. NO. In the absence of any convincing proof the appellant deliberately planned and
employed a method on how she will commit the crime, the Court resolves the doubt in
her favor. In support on the above statement, it also appears that the usage of gun only
occurred at the same moment when she decided to kill her spouse.

The Court hereby affirmed the conviction of Appellant Marivic Genosa for parricide However,
there being two (2) mitigating circumstances and no aggravating circumstance attending her
commission of the offense, pursuant to Article 64 of paragraph 5 of Article 246 of the Revised
Penal Code , her penalty is REDUCED to six (6) years and one (1) day of prision mayor as
minimum; to 14 years, 8 months and 1 day of reclusion temporal as maximum.
But as the appellant has been detained for more than the minimum penalty hereby imposed upon
her, the director of the Bureau of Corrections may immediately release her from custody upon
due determination that she is eligible for parole, unless she is being held for some other lawful
cause.