PEOPLE vs. GENOSA, G.R. No.

135981, witnesses on the “battered woman

January 15 2004. syndrome”, Dra. Dayan and Dr. Pajarillo,
People of the Philippines vs. Marivic Genosa were presented and admitted by the trial
court and subsequently submitted to the
FACTS: Supreme Court as part of the records.
This case stemmed from the killing of Ben
Genosa, by his wife Marivic Genosa, ISSUE:
appellant herein. During their first year of 1. Whether or not appellant herein can
marriage, Marivic and Ben lived happily but validly invoke the “battered woman
apparently thereafter, Ben changed and syndrome” as constituting self defense.
the couple would always quarrel and 2. Whether or not treachery attended the
sometimes their quarrels became violent. killing of Ben Genosa.
Appellant testified that every time her
husband came home drunk, he would Ruling:
provoke her and sometimes beat her. 1. The Court ruled in the negative as
Whenever beaten by her husband, she appellant failed to prove that she is
consulted medical doctors who testified afflicted with the “battered woman
during the trial. On the night of the killing, syndrome”.
appellant and the victim quarreled and the
victim beat the appellant. However, A battered woman has been defined as a
appellant was able to run to another room. woman “who is repeatedly subjected to any
Appellant admitted having killed the victim forceful physical or psychological behavior
with the use of a gun. The information for by a man in order to coerce her to do
parricide against appellant, however, something he wants her to do without
alleged that the cause of death of the concern for her rights. Battered women
victim was by beating through the use of a include wives or women in any form of
lead pipe. Appellant invoked self defense intimate relationship with men.
and defense of her unborn child. After trial, Furthermore, in order to be classified as a
the Regional Trial Court found appellant battered woman, the couple must go
guilty beyond reasonable doubt of the through the battering cycle at least twice.
crime of parricide with an aggravating Any woman may find herself in an abusive
circumstance of treachery and imposed the relationship with a man once. If it occurs a
penalty of death. second time, and she remains in the
situation, she is defined as a battered
On automatic review before the Supreme woman.”
Court, appellant filed an URGENT OMNIBUS
MOTION praying that the Honorable Court More graphically, the battered woman
allow (1) the exhumation of Ben Genosa syndrome is characterized by the so-called
and the re-examination of the cause of his “cycle of violence,” which has three
death; (2) the examination of Marivic phases: (1) the tension-building phase; (2)
Genosa by qualified psychologists and the acute battering incident; and (3) the
psychiatrists to determine her state of mind tranquil, loving (or, at least, nonviolent)
at the time she killed her husband; and phase.
finally, (3) the inclusion of the said experts’
reports in the records of the case for The Court, however, is not discounting the
purposes of the automatic review or, in the possibility of self-defense arising from the
alternative, a partial re-opening of the case battered woman syndrome. First, each of
a quo to take the testimony of said the phases of the cycle of violence must be
psychologists and psychiatrists. The proven to have characterized at least two
Supreme Court partly granted the URGENT battering episodes between the appellant
OMNIBUS MOTION of the appellant. It and her intimate partner. Second, the final
remanded the case to the trial court for acute battering episode preceding the
reception of expert psychological and/or killing of the batterer must have produced
psychiatric opinion on the “battered woman in the battered person’s mind an actual
syndrome” plea. Testimonies of two expert fear of an imminent harm from her batterer
and an honest belief that she needed to the danger he posed had ended altogether.
use force in order to save her life. Third, at He was no longer in a position that
the time of the killing, the batterer must presented an actual threat on her life or
have posed probable -- not necessarily safety.
immediate and actual -- grave harm to the
accused, based on the history of violence The mitigating factors of psychological
perpetrated by the former against the paralysis and passion and obfuscation
latter. Taken altogether, these were, however, taken in favor of appellant.
circumstances could satisfy the requisites It should be clarified that these two
of self-defense. Under the existing facts of circumstances -- psychological paralysis as
the present case, however, not all of these well as passion and obfuscation -- did not
elements were duly established. arise from the same set of facts.

The defense fell short of proving all three The first circumstance arose from the
phases of the “cycle of violence” cyclical nature and the severity of the
supposedly characterizing the relationship battery inflicted by the batterer-spouse
of Ben and Marivic Genosa. No doubt there upon appellant. That is, the repeated
were acute battering incidents but beatings over a period of time resulted in
appellant failed to prove that in at least her psychological paralysis, which was
another battering episode in the past, she analogous to an illness diminishing the
had gone through a similar pattern. Neither exercise of her will power without depriving
did appellant proffer sufficient evidence in her of consciousness of her acts.
regard to the third phase of the cycle.
As to the extenuating circumstance of
In any event, the existence of the having acted upon an impulse so powerful
syndrome in a relationship does not in itself as to have naturally produced passion and
establish the legal right of the woman to obfuscation, it has been held that this state
kill her abusive partner. Evidence must still of mind is present when a crime is
be considered in the context of self- committed as a result of an uncontrollable
defense. Settled in our jurisprudence, is the burst of passion provoked by prior unjust or
rule that the one who resorts to self- improper acts or by a legitimate stimulus
defense must face a real threat on one’s so powerful as to overcome reason. To
life; and the peril sought to be avoided appreciate this circumstance, the following
must be imminent and actual, not merely requisites should concur: (1) there is an
imaginary. Thus, the Revised Penal Code act, both unlawful and sufficient to produce
provides that the following requisites of such a condition of mind; and (2) this act is
self-defense must concur: (1) Unlawful not far removed from the commission of
aggression; (2) Reasonable necessity of the the crime by a considerable length of time,
means employed to prevent or repel it; and during which the accused might recover
(3) Lack of sufficient provocation on the her normal equanimity.
part of the person defending himself.
2. NO. Because of the gravity of the
Unlawful aggression is the most essential resulting offense, treachery must be proved
element of self-defense. It presupposes as conclusively as the killing itself. Besides,
actual, sudden and unexpected attack -- or equally axiomatic is the rule that when a
an imminent danger thereof -- on the life or killing is preceded by an argument or a
safety of a person. In the present case, quarrel, treachery cannot be appreciated as
however, according to the testimony of a qualifying circumstance, because the
Marivic herself, there was a sufficient time deceased may be said to have been
interval between the unlawful aggression of forewarned and to have anticipated
Ben and her fatal attack upon him. She had aggression from the assailant. Moreover, in
already been able to withdraw from his order to appreciate alevosia, the method of
violent behavior and escape to their assault adopted by the aggressor must
children’s bedroom. During that time, he have been consciously and deliberately
apparently ceased his attack and went to chosen for the specific purpose of
bed. The reality or even the imminence of accomplishing the unlawful act without risk
from any defense that might be put up by FACTS:
the party attacked. Petitioner Jesus Garcia (husband) appears
to have inflicted violence against private
The appellant acted upon an impulse so respondent (wife and daughter). Petitioner
powerful as to have naturally produced admitted having an affair with a bank
passion or obfuscation. The acute battering manager. He callously boasted about their
she suffered that fatal night in the hands of sexual relations to the household help. His
her batterer-spouse, in spite of the fact that infidelity emotionally wounded private
she was eight (8) months pregnant with respondent. Their quarrels left her with
their child, overwhelmed her and put her in bruises and hematoma. Petitioner also
the aforesaid emotional and mental state, unconscionably beat up their daughter, Jo-
which overcame her reason and impelled ann, whom he blamed for squealing on
her to vindicate her life and that of her him.
unborn child.
All these drove respondent Rosalie
The Supreme Court affirmed the conviction Garcia(wife) to despair causing her to
of appellant for parricide. However, attempt suicide on December 17, 2005 by
considering the presence of two (2) slitting her wrist. Instead of taking her to
mitigating circumstances and without any the hospital, petitioner left the house. He
aggravating circumstance, the penalty is never visited her when she was confined
reduced to six (6) years and one (1) day of for seven (7) days. He even told his
prision mayor as minimum; to 14 years 8 mother-in-law that respondent should just
months and 1 day of reclusion temporal as accept his extramarital affair since he is not
maximum. Inasmuch as appellant has been cohabiting with his paramour and has not
detained for more than the minimum sired a child with her.
penalty hereby imposed upon her, the
director of the Bureau of Corrections may The private respondent was determined to
immediately RELEASE her from custody separate from petitioner. But she was afraid
upon due determination that she is eligible he would take away their children and
for parole, unless she is being held for deprive her of financial support. He warned
some other lawful cause. her that if she pursued legal battle, she
would not get a single centavo from him.
After she confronted him of his affair, he
NOTE: After this case was decided by the forbade her to hold office. This deprived
Supreme Court, R.A. 9262, otherwise her of access to full information about their
known as Anti-Violence Against Women and businesses.
their Children Act of 2004 was enacted.
Sec. 26 of said law provides that "xxx. Thus, the RTC found reasonable ground to
Victim-survivors who are found by the believe there was imminent danger of
courts to be suffering from battered women violence against respondent and her
syndrome do not incur any criminal and children and issued a series of Temporary
civil liability nothwithstanding the absence Protection Orders (TPO) ordering petitioner,
of any of the elements for justifying among other things, to surrender all his
circumstances of self-defense under the firearms including a .9MM caliber firearm
Revised Penal Code.xxx" and a Walther PPK.

Petitioner challenges the constitutionality

Constitutionality of RA 9262 "Anti- of RA 9262 for
Violence Against Women and Their 1. making a gender-based classification,
Children Act of 2004" thus, providing remedies only to
wives/women and not to husbands/men.
JESUS C. GARCIA vs.THE HONORABLE 2. He claims that even the title of the law,
RAY ALAN T. DRILON "An Act Defining Violence Against Women
G.R. No. 179267, June 25, 2013 and Their Children" is already sex-
LEONARDO-DE CASTRO, J.: discriminatory because it means violence
by men against women.
3. The law also does not include violence Article 7. All are equal before the law and
committed by women against children and are entitled without any discrimination
other women. to equal protection of the law. All are
4. He adds that gender alone is not enough entitled to equal protection against any
basis to deprive the husband/father of the discrimination in violation of this
remedies under it because its avowed Declaration and against any incitement to
purpose is to curb and punish spousal such discrimination.
violence. The said remedies are
discriminatory against the husband/male Article 8. Everyone has the right to
gender. an effective remedy by the competent
5. There being no reasonable difference national tribunals for acts violating the
between an abused husband and an fundamental rights granted him by the
abused wife, theequal constitution or by law.
protection guarantee is violated.
Declaration of Policy in RA 9262
Important and Essential Governmental · enunciates the purpose of the said law,
Objectives: which is to fulfill the government’s
1. Safeguard Human Rights, obligation to safeguard the dignity and
2. Ensure Gender Equality and human rights of women and children by
3. Empower Women providing effective remedies against
domestic violence or physical,
International Laws psychological, and other forms of abuse
By constitutional mandate, the Philippines perpetuated by the husband, partner, or
is committed to ensure that human rights father of the victim.
and fundamental freedoms are fully · The said law is also viewed within the
enjoyed by everyone. context of the constitutional mandate
1. It was one of the countries that voted in to ensure gender equality, which is
favor of the Universal Declaration of quoted as follows:
Human Rights (UDHR). In addition, the Section 14. The State recognizes the role
Philippines is a signatory to many United of women in nation-building, and shall
Nations human rights treaties such as the ensure the fundamental equality before the
2. Convention on the Elimination of All law of women and men.
Forms of Racial Discrimination,
3. the International Covenant on Economic,
Social and Cultural Rights, the International ISSUE: WON R.A. NO. 9262 IS
Covenant on Civil and Political Rights, the DISCRIMINATORY, UNJUST, AND VIOLATIVE
4. Convention Against Torture, and the OF THE EQUAL PROTECTION CLAUSE.
5. Convention on the Rights of the Child,
among others.
HELD:
UDHR RA 9262 is NOT UNCONSITUTIONAL.
As a signatory to the UDHR, the Philippines
pledged itself to achieve the promotion of 1. RA 9262 - compliance with the
universal respect for and observance of CEDAW
human rights and fundamental
freedoms, keeping in mind the standards It has been acknowledged that "gender-
under the Declaration. Among the based violence is a form of discrimination
standards under the UDHR are the that seriously inhibits women's ability to
following: enjoy rights and freedoms on a basis of
equality with men." RA 9262 can be viewed
Article 1. All human beings are born free therefore as the Philippines’ compliance
and equal in dignity and rights. They are with the CEDAW, which is committed to
endowed with reason and conscience and condemn discrimination against women
should act towards one another in a spirit and directs its members to undertake,
of brotherhood. without delay, all appropriate means to
xxxx
 eliminate discrimination against women in · A foreign history professor noted that:
all forms both in law and in practice. "from the earliest civilizations on,
the subjugation of women, in the form of
CEDAW violence, were facts of life,
Known as the International Bill of Rights of · Judeo-Christian religious ideas; Greek
Women, the CEDAW is the central and most philosophy; and the Common Law Legal
comprehensive document for Code: all "assumed patriarchy as
the advancement of the welfare of women. natural; that is, male domination
The CEDAW, in its preamble, explicitly stemming from the view of male
acknowledges the existence of extensive superiority."
discrimination against women, and · 18th century legal expert William
emphasized that such is a violation of the Blackstone, reflected the theological
principles of equality of rights assumption that: husband and wife were
and respect for human dignity. ‘one body’ before God; thus "they were
‘one person’ under the law, and that one
person was the husband," a concept that
2. Philippine’s obligation as state- evidently found its way in some of our Civil
party to CEDAW Code provisions prior to the enactment of
the Family Code.
The Philippines is under legal obligation to · Society and tradition dictate that the
ensure their development and culture of patriarchy continues. Men are
advancement for the improvement of their expected to take on the dominant roles
position from one of de jure as well as de both in the community and in the family.
facto equality with men. The CEDAW, going This perception naturally leads to men
beyond the concept of discrimination used gaining more power over women – power,
in many legal standards and norms, which must necessarily be controlled and
focuses on discrimination against women, maintained. Violence against women is one
with the emphasis that women have of the ways men control women to retain
suffered and are continuing to suffer from such power.
various forms of discrimination on account · In ancient western societies, women
of their biological sex. whether slave, concubine or wife, were
under the authority of men. In law, they
The governmental objectives of protecting were treated as property.
human rights and fundamental freedoms, · The Roman concept of patria
which includespromoting gender equality potestas allowed the husband to beat, or
and empowering women, as mandated not even kill, his wife if she endangered his
only by our Constitution, but also by property right over her.
commitments we have made in · Judaism, Christianity and other
the international sphere, are undeniably religions oriented towards the patriarchal
important and essential. family strengthened the male dominated
structure of society.
RA 9262 provides the widest range of · English feudal law reinforced the
reliefs for women and children who are tradition of male control over women.
victims of violence, which are often · However, in the late 1500s and through
reported to have been committed not by the entire 1600s, English common
strangers, but by a father or a husband or a law began to limit the right of husbands
person with whom the victim has or had a to chastise their wives. Thus, common law
sexual or dating relationship. developed the rule of thumb, which allowed
husbands to beat their wives with a rod or
stick no thicker than their thumb.
3. The Gender-Based Classification in
RA 9262 is Substantially Related to Statistics:
the Achievement of Governmental The enactment of RA 9262 was in response
Objectives to the undeniable numerous cases
involving violence committed against
Historical Perspective: women in the Philippines.
· In 2012, the Philippine National Police results may be quantitative and/or
(PNP) reported that 65% or 11,531 out of qualitative in nature; that is, women
15,969 cases involving violence against enjoying their rights in various fields in
women were filed under RA 9262. fairly equal numbers with men, enjoying
· From 2004 to 2012, violations of RA. the same income levels, equality in
9262 ranked first among the different decision-making and political influence, and
categories of violence committed against women enjoying freedom from violence.
women. The number of reported cases
showed an increasing trend from 2004 to The government’s commitment to ensure
2012, that the status of a woman in all spheres of
· The law recognizes, with valid her life are parallel to that of a man,
factual support based on statistics requires the adoption and implementation
that women and children are the most of ameliorative measures, such as RA 9262.
vulnerable victims of violence, and Unless the woman is guaranteed that the
therefore need legal intervention. On violence that she endures in her private
the other hand, there is a dearth of affairs will not be ignored by the
empirical basis to anchor a conclusion government, which is committed to uplift
that men need legal protection from her to her rightful place as a human being,
violence perpetuated by women. then she can neither achieve substantive
equality nor be empowered.

4. Different treatment of women and 5. RA 9262 justified under the

men based on biological, social, and Constitution
cultural differences The Constitution abundantly authorize
Congress or the government to actively
The persistent and existing biological, undertake ameliorative action that would
social, and cultural differences between remedy existing inequalities and inequities
women and men prescribe that they be experienced by women and children
treated differently under particular brought about by years of discrimination.
conditions in order to achieve substantive The equal protection clause when
equality for women. Thus, the juxtaposed to this provision provides a
disadvantaged position of a woman as stronger mandate for the government to
compared to a man requires the special combat such discrimination. Indeed, these
protection of the law, as gleaned from the provisions order Congress to "give highest
following recommendations of priority to the enactment of measures that
the CEDAWCommittee: protect and enhance the right of all the
· The Convention requires that women be people to human dignity, reduce social,
given an equal start and that they be economic, and political inequalities and
empowered by an enabling environment to remove cultural inequities."
achieve equality of results. It is not enough
to guarantee women treatment that is RA 9262 is “THE” ameliorative action
identical to that of men. Rather, biological · In enacting R.A. 9262, Congress has
as well as socially and culturally taken an ameliorative action that would
constructed differences between women address the evil effects of the social model
and men must be taken into account. of patriarchy, a pattern that is deeply
Under certain circumstances, non-identical embedded in the society’s subconscious,
treatment of women and men will be on Filipino women and children and elevate
required in order to address such their status as human beings on thesame
differences. Pursuit of the goal of level as the father or the husband.
substantive equality also calls for an · R.A. 9262 aims to put a stop to the cycle
effective strategy aimed at overcoming of male abuses borne of discrimination
under representation of women and a against women. It is an ameliorative
redistribution of resources and power measure, not a form of "reverse
between men and women. discrimination" against.Ameliorative
· Equality of results is the logical corollary action "is not an exception to equality, but
of de facto or substantive equality. These an expression and attainment of de
facto equality, the genuine and substantive and experiences, and the outcomes or
equality which the Filipino people results of acts and measures directed, at or
themselves enshrined as a goal of the 1987 affecting them, with a view to eliminating
Constitution." Ameliorative measures are the disadvantages they experience as
necessary as a redistributive mechanism in women.
an unequal society to achieve substantive
equality.
6. The gender-based classification of
Ameliorative measures to achieve RA 9262 does not violate the Equal
substantive equality Protection Clause(application of the
In the context of women’s substantive equality model)
rights, substantive equality has been
defined by the Convention on the The equal protection clause in our
Elimination of all forms of Discrimination Constitution does not guarantee an
Against Women (CEDAW) as equality which absolute prohibition against classification.
requires that women be given an equal The non-identical treatment of women and
start and that they be empowered by an men under RA 9262 is justified to put them
enabling environment to achieve equality on equal footing and to give substance to
of results. It is not enough to guarantee the policy and aim of the state to ensure
women treatment that is identical to that of the equality of women and men in light of
men. Rather, biological as well as socially the biological, historical, social, and
and culturally constructed differences culturally endowed differences
between women and men must be taken between men and women.
into account. Under certain
circumstances, non-identical RA 9262, by affording special and exclusive
treatment of women and men will be protection to women and children, who are
required in order to address such vulnerable victims of domestic violence,
differences. undoubtedly serves the important
governmental objectives of protecting
Women’s struggle for equality with men human rights, insuring gender equality, and
has evolved under three models: empowering women. The gender-based
1. Formal equality - women and men are classification and the special remedies
to be regarded and treated as the same. prescribed by said law in favor of women
But this model does not take into account and children are substantially related, in
biological and socially constructed fact essentially necessary, to achieve such
differences between women and men. By objectives. Hence, said Act survives the
failing to take into account these intermediate review or middle-tier judicial
differences, a formal equality approach scrutiny. The gender-based classification
may in fact perpetuate discrimination and therein is therefore not violative of the
disadvantage. equal protection clause embodied in the
2. Protectionist model – this recognizes 1987 Constitution.
differences between women and men but
considerswomen’s weakness as the Justice Brion: As traditionally viewed, the
rationale for different treatment. This constitutional provision of equal protection
approach reinforces the inferior status of simply requires that similarly situated
women and does not address the issue of persons be treated in the same way. It does
discrimination of women on account of not connote identity of rights among
their gender. individuals, nor does it require that every
3. Substantive equality model – this person is treated identically in all
assumes that women are "not vulnerable circumstances. It acts as a safeguard to
by nature, but suffer from imposed ensure that State-drawn distinctions among
disadvantage" and that "if these imposed persons are based on reasonable
disadvantages were eliminated, there was classifications and made pursuant to a
no further need for protection." Thus, the proper governmental purpose. In short,
substantive equality model gives prime statutory classifications are not
importance to women’s contexts, realities, unconstitutional when shown to be
reasonable and made pursuant to a then for such time as will be sufficient to
legitimate government objective. create cherished memories enough to last
for eternity.
R.A. No. 9262 as a measure intended to
strengthen the family. Congress found I concur in the ponencia. Against
that domestic and other forms of violence abominable acts, let this law take its full
against women and children contribute to course.
the failure to unify and strengthen family
ties, thereby impeding the State’s mandate Justice Abad: RA 9262 is a historic step in
to actively promote the family’s total the Filipino women's long struggle to be
development. Congress also found, as freed from a long-held belief that men are
a reality, that women and children are entitled, when displeased or minded, to hit
more susceptible to domestic and their wives or partners and their children.
other forms of violence due to, among This law institutionalizes prompt
others, the pervasive bias and prejudice community response to this violent
against women and the stereotyping of behavior through barangay officials who
roles within the family environment that can command the man to immediately
traditionally exist in Philippine society. On desist from harming his home partner and
this basis, Congress found it necessary to their children. It also establishes domestic
recognize the substantial distinction within violence as a crime, not only against its
the family between men, on the one hand, victims but against society as well. No
and women and children, on the other longer is domestic violence lightly
hand. This recognition, incidentally, is not dismissed as a case of marital dispute that
the first to be made in the laws as our law law enforcers ought not to get into.
on persons and family under the Civil Code
also recognize, in various ways, the Chief Justice Puno on Expanded Equal
distinctions between men and women in protection and Substantive Equality
the context of the family. Chief Justice Reynato S. Puno espouses that
the equal protection clause can no longer
be interpreted as only a guarantee of
Justice Leonen: It may be said that formal equality but of substantive equality.
violence in the context of intimate "It ought to be construed in consonance
relationships should not be seen and with social justice as ‘the heart’ particularly
encrusted as a gender issue; rather, it is a of the 1987 Constitution—a transformative
power issue. covenant in which the Filipino people
agreed to enshrine asymmetrical
By concurring with these statements I equality to uplift disadvantaged groups
express a hope: that the normative and build a genuinely egalitarian
constitutional requirements of human democracy." This means that the weak,
dignity and fundamental equality can including women in relation to men, can be
become descriptive reality. The socially treated with a measure of bias that they
constructed distinctions between women may cease to be weak.
and men that have afflicted us and
spawned discrimination and violence Chief Justice Puno goes on: "The
should be eradicated sooner. Power and Expanded Equal Protection Clause,
intimacy should not co-exist. anchored on the human rights rationale, is
designed as a weapon against the indignity
The intimate spaces created by our human of discrimination so that in the patently
relationships are our safe havens from the unequal Philippine society, each person
helter skelter of this world. It is in that may be restored to his or her rightful
space where we grow in the safety of the position as a person with equal moral
special other who we hope will be there for status."
our entire lifetime. If that is not possible,