vis-a-vis Self-Defense in the Philippine Legal System The€¦ · vis-a-vis Self-Defense in the...
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The Supreme Court and the Genosa Case: Defining Battered Woman Syndrome vis-a-vis Self-Defense in the Philippine Legal System . * Rosalyn C. Rayco I. •••••.••..•.•••.••.•.•.•...•••...•••• 3I4 II. THE CASE: People v. Marivic Genosa ......... ·. · · · · · · · · · · · .3I6 A. The Facts if the Case B. The Issue C. Tile Ruling of the Court D. The Reasoning if the Court E. The Dissent III. BATIBRED WoMAN SYNDROME (BWS) • .... •• • • · · · · · · • • • · · 324 A. Understanding the Battered Woman Syndrome B. BWS in Foreign Jurisprudence IV. REviEWING THE DEClSlON AND ITS IMPLICATIONS oN THE TRADmoNAL NonoN of SELF-DEFENSE ..• ...... •. · · 33 5 A. justifying and Mitigating' Circumstances B. Jurisprudence C. BWS according to Genosa V. THE SUPERVENING LAw: R.A. 9262 ....... · . · · · · · · · · · · · · · VI. CoNCLUSION ••.•••..•• .... ••.•• · . · · • • • • • · · · • • • · • • · -34 ·io I. INTRODUCTION Domestic violence, particularly the battering of women, is not in the Philippine household or society. }\.ccording to a survey_ m early 2004 by the Social Weather Stations, about 2.I6 million Filipmo women or nine percent (9%) of women aged eighteen and have experienced physical abuse, with a majority saying the harm was mflicted by 'o6 J.D. cand., Member, Boarc of Editors, Ateneo l.:lw journal. She The Davide Impeachment Case: Restating Judicial Supremacy Over ConstitutiOnal Questions, 48 ATENEO LJ. 8o6 (2004) with C. Ang et , . ¥· ·:;. Cite as 49 ATENEO LJ. 314 (2004). -&' 2004] BATTERED WIFE SYNDROME 315 their partners, that is, their husbands, boyfriends and those with whom they have a live-in relationship.• Neither is the Philippine culture immune from the traditional and stereotypical notions of men and women. In fact, it is replete with double standards in favor of the male gender, as well as marked differences in the treatment toward men and women. Men traditionally have been viewed as the protectors of women, and _ husbands specifically have been thought of as the protectors of their wives.· . In recent years increasing attention has been given to the fact that these stereotypical notions frequently do not comport with reality. Men often abuse women, both physically and sexually. The man most likely to abuse a woman is her husband, and such abuse often results in serious physical injuries or death. 2 When a woman is being battered by any significant person in her life, numerous factors come into play, which make it difficult for the woman to avail of legal remedies. The woman often finds herself trapped in a cycle of violence in which she does not know how to get out of, or why even try to do so. The be)plessness of the situation, as well as the fear and shame of becoming a pariah in society added to the humiliation to her family, prevent many women from speaking out against the violence being committed against them. Some women may even perceive the battering cycle as normal, especially if they grew up in a violent household.3 Other women become so demoralized and degraded by the fact that they carmot predict or control the violence, that they sink into a state of psychological paralysis and become unable to take any action at all to improve or alter the situation. 4 In addition to these psychological i"llpacts, external social and econo:nllc factors often make it difficult for some women to extricate t.'lemselves from battering relationships. A woman without independent financial resources who wishes to leave her husband often finds it difficult to do so because of lack of material and social resources.s I. Maria Ceres P. Doyu, z Million Filipino women are battered, says survey, Jan. 24, 2004, available online at http:/ /www.inq7.net/nat/2oo4/jan/24/tesxt/nat_8-1- p.htm (last accessed on Aug. 25, 2004). 2. Jimmie E. Tinsley, Criminal Law: The Battered 7 Woman Defense, 34 AM. juR. PROOF OF FACTS 2d I. 3· State v. Kelly, 97 N.J. 178, 194, 478 A.2d 364, 372 (1984); BATTERED WOMEN, A PSYCHOSOCIOLOGICAL STUDY Of DOMESTIC VIOLENCE 60 (M. Roy ed. I977); D. MARTIN, BATTERED WIVES 6o (1981). 4· Kelly, 97 NJ. at 195-96, 478 A.2d at 372 . 5· Id.
Transcript of vis-a-vis Self-Defense in the Philippine Legal System The€¦ · vis-a-vis Self-Defense in the...
The Supreme Court and the Genosa Case: Defining Battered Woman Syndrome vis-a-vis Self-Defense in the Philippine Legal
System . * Rosalyn C. Rayco
I. I~ODUCTION •••••.••..•.•••.••.•.•.•...•••...•••• 3I4 II. THE CASE: People v. Marivic Genosa ......... ·. · · · · · · · · · · · .3I6
A. The Facts if the Case B. The Issue C. Tile Ruling of the Court D. The Reasoning if the Court E. The Dissent
III. BATIBRED WoMAN SYNDROME (BWS) •....•• • • · · · · · · • • • · · 324 A. Understanding the Battered Woman Syndrome B. BWS in Foreign Jurisprudence
IV. REviEWING THE DEClSlON AND ITS IMPLICATIONS oN THE TRADmoNAL NonoN of SELF-DEFENSE ..•......•. · · 33 5 A. justifying and Mitigating' Circumstances B. Jurisprudence C. BWS according to Genosa
V. THE SUPERVENING LAw: R.A. 9262 ....... · . · · · · · · · · · · · · · 3~ VI. CoNCLUSION ••.•••..••....••.•• · . · · • • • • • · · · • • • · • • · -34
·io
I. INTRODUCTION
Domestic violence, particularly the battering of women, is not uncomm~n in the Philippine household or society. }\.ccording to a survey_ c_ondu~t~~ m early 2004 by the Social Weather Stations, about 2.I6 million Filipmo women or nine percent (9%) of women aged eighteen and ~ld~r, have experienced physical abuse, with a majority saying the harm was mflicted by
'o6 J.D. cand., Member, Boarc of Editors, Ateneo l.:lw journal. She co-a~th~red The Davide Impeachment Case: Restating Judicial Supremacy Over ConstitutiOnal Questions, 48 ATENEO LJ. 8o6 (2004) with ~at;icris C. Ang et ~L+ ,
. ¥· ·:;.
Cite as 49 ATENEO LJ. 314 (2004). -&'
2004] BATTERED WIFE SYNDROME 315
their partners, that is, their husbands, boyfriends and those with whom they have a live-in relationship.•
Neither is the Philippine culture immune from the traditional and stereotypical notions of men and women. In fact, it is replete with double standards in favor of the male gender, as well as marked differences in the treatment toward men and women.
Men traditionally have been viewed as the protectors of women, and _ husbands specifically have been thought of as the protectors of their wives.· . In recent years increasing attention has been given to the fact that these stereotypical notions frequently do not comport with reality. Men often abuse women, both physically and sexually. The man most likely to abuse a woman is her husband, and such abuse often results in serious physical injuries or death.2
When a woman is being battered by any significant person in her life, numerous factors come into play, which make it difficult for the woman to avail of legal remedies. The woman often finds herself trapped in a cycle of violence in which she does not know how to get out of, or why even try to do so. The be)plessness of the situation, as well as the fear and shame of becoming a pariah in society added to the humiliation to her family, prevent many women from speaking out against the violence being committed against them.
Some women may even perceive the battering cycle as normal, especially if they grew up in a violent household.3 Other women become so demoralized and degraded by the fact that they carmot predict or control the violence, that they sink into a state of psychological paralysis and become unable to take any action at all to improve or alter the situation. 4 In addition to these psychological i"llpacts, external social and econo:nllc factors often make it difficult for some women to extricate t.'lemselves from battering relationships. A woman without independent financial resources who wishes to leave her husband often finds it difficult to do so because of lack of material and social resources.s
I. Maria Ceres P. Doyu, z Million Filipino women are battered, says survey, Jan. 24, 2004, available online at http:/ /www.inq7.net/nat/2oo4/jan/24/tesxt/nat_8-1-p.htm (last accessed on Aug. 25, 2004).
2. Jimmie E. Tinsley, Criminal Law: The Battered7 Woman Defense, 34 AM. juR. PROOF OF FACTS 2d I.
3· State v. Kelly, 97 N.J. 178, 194, 478 A.2d 364, 372 (1984); BATTERED WOMEN, A PSYCHOSOCIOLOGICAL STUDY Of DOMESTIC VIOLENCE 60 (M. Roy ed. I977); D. MARTIN, BATTERED WIVES 6o (1981).
4· Kelly, 97 NJ. at 195-96, 478 A.2d at 372 .
5· Id.
