Rey Nio Abrahan LLB-1

A. Criminal Case: Facts: Our client is charged with serious physical injuries against her husband of five years. Last year, she admitted seriously wounding her husband when she caught him in the act of having sexual intercourse with his mistress. The husband did not deny his wifes statement but he claimed that he and his wife are separated in fact for three years now. Psychiatric report reveals that our client, the wife, is a victim of spousal abuse. Issue: Whether or not Strategy: The following laws are relevant and can strengthen our position in the case: 1) Article 247 of the Revised Penal Code Death or physical injuries inflicted under exceptional circumstances 2) Republic Act 9262- Anti-Violence Act Against Women and their Children Our strategy is to avail the defense of article 247 of the Revised Penal Code and strengthen our position that the clients unlawful aggression is due to a sudden burst of passion which she went into temporary insanity or diminished intelligence as a a result of suffering from battered wife syndrome. In the case of People vs Genosa (GR No 135981), it was held that Battered Wife Syndrome is already acknowledged as a valid self defense in the country. To ignore the testimony (of a medical expert) and the evidence thus presented is to make impossible the proof of mental state. Evidence as to the mental state need not also be also beyond reasonable doubt. In the case of State vs Kelly ,478 A2d 364 (1985), it was held that expert testimony on battered- womans syndrome is relevant to the issue of a defendants state of mind at the time of the crime where is evidence of a past history of abuse. In the case at bar, the psychiatric report revealing that our client is a victim of spousal abuse is an indicator that she is suffering Battered Woman Syndrome. Section 26, paragraph 2 of Republic Act 9262 provides that in the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists. In the case of People vs Marciano Gonzales (GR No 46310), it was held that the privilege granted in article 247 of the Revised Penal Code is conditioned on the requirement that the spouse surprise the husband or the wife in the act of committing sexual intercourse with another person.

The Revised Penal Code also provides for the requisites in the application of article 247 and are as follows: a) That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person. b) That he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act of immediately thereafter. c) That he has not promoted or facilitated the prostitution of his wife or daughter, or the other spouse. In the case at bar, our client admitted that she caused a serious wound to her husband when she caught him in the act of having sexual intercourse.