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    People v. Genosa

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    Arlene Q. Samante
    This case involves Marivic Genosa, who was convicted of parricide aggravated by treachery for killing her husband. Genosa filed a motion arguing that the trial court erred in its conclusions and failed to consider her self-defense claim given the repeated abuse by her husband. The Supreme Court held that the "battered woman syndrome" deserves serious consideration as a possible modifying circumstance, as it could determine whether Genosa receives the death penalty or acquittal. The Court partly granted Genosa's motion to allow expert psychological and psychiatric evaluation on her state of mind and the battered woman syndrome plea. The case was remanded to the trial court.

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    People v. Genosa

    Uploaded by

    Arlene Q. Samante
    36 views2 pages
    This case involves Marivic Genosa, who was convicted of parricide aggravated by treachery for killing her husband. Genosa filed a motion arguing that the trial court erred in its conclusions and failed to consider her self-defense claim given the repeated abuse by her husband. The Supreme Court held that the "battered woman syndrome" deserves serious consideration as a possible modifying circumstance, as it could determine whether Genosa receives the death penalty or acquittal. The Court partly granted Genosa's motion to allow expert psychological and psychiatric evaluation on her state of mind and the battered woman syndrome plea. The case was remanded to the trial court.

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    People v. Genosa

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    This case involves Marivic Genosa, who was convicted of parricide aggravated by treachery for killing her husband. Genosa filed a motion arguing that the trial court erred in its conclusions and failed to consider her self-defense claim given the repeated abuse by her husband. The Supreme Court held that the "battered woman syndrome" deserves serious consideration as a possible modifying circumstance, as it could determine whether Genosa receives the death penalty or acquittal. The Court partly granted Genosa's motion to allow expert psychological and psychiatric evaluation on her state of mind and the battered woman syndrome plea. The case was remanded to the trial court.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    36 views2 pages

    People v. Genosa

    Uploaded by

    Arlene Q. Samante
    This case involves Marivic Genosa, who was convicted of parricide aggravated by treachery for killing her husband. Genosa filed a motion arguing that the trial court erred in its conclusions and failed to consider her self-defense claim given the repeated abuse by her husband. The Supreme Court held that the "battered woman syndrome" deserves serious consideration as a possible modifying circumstance, as it could determine whether Genosa receives the death penalty or acquittal. The Court partly granted Genosa's motion to allow expert psychological and psychiatric evaluation on her state of mind and the battered woman syndrome plea. The case was remanded to the trial court.

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    © All Rights Reserved
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    of 2

    PEOPLE VS.

    MARIVIC GENOSA
    341 SCRA 493

    FACTS:

    Accused Marivic Genosa was convicted of the crime of parricide aggravated by


    treachery before the RTC of Ormoc City and was sentenced to suffer the penalty of death.
    Prior to the filing of her Appeal Brief in connection with the automatic review of her case,
    Genosa filed an Urgent Omnibus Motion to bring to the attention of the court certain facts
    and circumstances which, if found valid, could warrant the setting aside of her conviction
    and the imposition of death penalty. Genosa alleged that the trial court grievously erred
    in concluding that she had lied about the means she employed in killing her husband. On
    the contrary, she had consistently claimed that she had shot her husband. Yet the trial
    judge simply ruled that his death resulted from her admitted act of “smashing” him with a
    pipe which was not supported by the evidence on record. Genosa further alleged that
    despite the evidence on record of repeated and severe beatings she had suffered at the
    hands of her husband, the trial court failed to appreciate her self-defense theory. She
    claims that under the surrounding circumstances, her act of killing her husband was
    equivalent to self-defense. Genosa prayed that: (1) the Honorable Court allow an
    exhumation of the body of the victim, Ben Genosa, and a re-examination of the cause of
    death; (2) The Honorable Court submit accused-appellant for examination by qualified
    psychologists and psychiatrists of the Court to determine her state of mind at the time of
    the killing; and (3) Thereafter, the Court allow the reports of the psychologists and
    psychiatrists to form part of the records of the case for purposes of automatic review or,
    in the alternative, to allow partial re-opening of the case before a lower court in Metro
    Manila to admit the testimony of said psychologists and psychiatrists.

    HELD:

    There are four characteristics of the “battered woman syndrome:” (1) the woman
    believes that the violence was her fault; (2) she has an inability to place the responsibility
    for the violence elsewhere: (3) she fears for her life and/or her children’s lives; and (4)
    she has irrational belief that the abuser is omnipresent and omniscient.

    There is legal and jurisprudential lacuna with respect to the so-called “battered
    woman syndrome” as a possible modifying circumstance that could affect the criminal
    liability or penalty of the accused. The discourse of appellant on the subject in her
    Omnibus Motion has convinced the Court that the syndrome deserves serious
    consideration, especially in the light of its possible effect on her very life. It could be that
    very thin line between death and life or even acquittal. The Court cannot, for mere
    technical or procedural objections, deny appellant the opportunity to offer this defense,
    for any criminal conviction must be based on proof of guilt beyond reasonable doubt.
    Accused persons facing the possibility of the death penalty must be given fair
    opportunities to proffer all defenses possible that could save them from capital
    punishment.
    Dispositive: Urgent Omnibus Motion – partly granted. The case was remanded to
    the trial court for reception of expert psychological and/or psychiatric opinion on the
    “battered woman syndrome” plea.

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