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  • People Vs Genosa

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    Leslie dogdog
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    Marivic Genosa was charged with parricide for killing her husband. She claimed self-defense and battered woman syndrome, saying her husband had been abusive that night towards her and their children. The court ruled against Genosa, finding that battered woman syndrome does not give an automatic right to kill. To claim self-defense under the syndrome, the couple must go through the battering cycle at least twice, which did not occur here. As there was a lapse of time without aggression, there was no imminent danger to claim self-defense.

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    self defense and battered woman syndrome

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    People vs Genosa

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    Marivic Genosa was charged with parricide for killing her husband. She claimed self-defense and battered woman syndrome, saying her husband had been abusive that night towards her and their children. The court ruled against Genosa, finding that battered woman syndrome does not give an automatic right to kill. To claim self-defense under the syndrome, the couple must go through the battering cycle at least twice, which did not occur here. As there was a lapse of time without aggression, there was no imminent danger to claim self-defense.

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    46 views1 page

    People Vs Genosa

    Uploaded by

    Leslie dogdog
    Marivic Genosa was charged with parricide for killing her husband. She claimed self-defense and battered woman syndrome, saying her husband had been abusive that night towards her and their children. The court ruled against Genosa, finding that battered woman syndrome does not give an automatic right to kill. To claim self-defense under the syndrome, the couple must go through the battering cycle at least twice, which did not occur here. As there was a lapse of time without aggression, there was no imminent danger to claim self-defense.

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    © All Rights Reserved
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    People vs Genosa

    VAWC (R.A. 9262)

    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.

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