People Vs Genosa
People Vs Genosa
Facts: Marivic Genosa was charged of Parricide for killing her husband. She claimed
self-defense and being a battered woman. The accused attacked her husband while he
was due to the fear that he might beat her up since had been violent against her that
night. According to the accused that night her husband was abusive towards her and
their children fearing that she might not able to deliver her child due to beating that
would result to pre-eclampsia so she had decided to kill him in his sleep. She admitted
to the commission of the crime but pleaded not guilty because of self-defense. She was
diagnosed by the specialist to be suffering from symptoms of battered woman
syndrome.
Issue: Whether or Not appellant acted in self-defense and in defense of her fetus due
since she is suffering from Battered Woman Syndrome
Ruling: No. Battered Woman Syndrome doesn’t necessarily give one the right to kill
someone. In order to be classified as a battered woman, the couple must go through the
battering cycle at least twice. Herein the petitioner had lack the requisites of
undergoing 2 cycles and phases of the BWS namely (a) tension building; (b) acute
battery and lastly the (c) tranquil loving stage. To claim self-defense there must be
imminent danger, there had already been a lapse of time . Aggression, if not continuous,
does not warrant self-defense. In the absence of such aggression, there can be no self-
defense—complete or incomplete —on the part of the victim.