Republic of the Philippines

REGIONAL TRIAL COURT OF BOHOL

7th Judicial Region
Branch 1
City of Tagbilaran

PEOPLE OF THE PHILIPPINES

Plaintiff,

Criminal Case No. 0001

For: MUTILATION

MS. ELLENA MIAG-AO Y ADARNA

Accused.
X -------------------------------------------------------------/

OFFER OF TESTIMONY

The testimony of the witness is offered for the following purposes:

1. To testify as the Expert Witness in this case;

2. To prove that the Accused is suffering from Battered Woman Syndrome;
and
3. To testify on other matters relevant and incidental in this case.

JUDICIAL AFFIDAVIT OF GEVIENA SARMIENTO

I, Geviena Sarmiento, of legal age, single, with an office address at

Kilid Barracks, Poblacion III, Tagbilaran City, as part of my testimony in the
above-captioned case, after having been duly sworn in accordance with
law, hereby depose and state that:

I am the psychiatrist engaged by the Accused, MS. ELLENA MIAG-

AO Y ADARNA, in this case to conduct the Psychiatric Evaluation;

In relation to the above-entitled case, the counsel, Atty. Ariel

Ramirez, at his office located at Di Matumpag Bldg., Cogon District.,
Tagbilaran City, asked me questions which I answered to the best of my
ability, fully conscious that I did so under oath and that I may face perjury
and/or any criminal liability for false testimony;

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 The questions asked by Atty. Ramirez and the answers I gave are as
follows:

Question (Q): Please state your personal circumstances.

Answer (A): I am Dr. Geviena Sarmiento, of legal age, Filipino, single and a
medical doctor specializing psychiatry at Kilid Barracks, Poblacion III,
Tagbilaran City.
Q1: What qualifies you to perform the psychiatric evaluation of the
accused?
A1: I am a medical doctor specializing Psychiatry. I earned my bachelors
degree in Clinical Psychology in the University of the Philippines, Manila in
the year 2001. (Witness presented a copy of his college diploma, a copy of
which is hereto attached and marked as Appendix A.) I earned my
masters degree in Clinical Psychology in the year 2003 and my degree in
medicine the year 2007, in the field of Psychiatry in the University of the
Philippines. (Witness presented a copy of his diplomas which are hereto
attached and marked as Appendices B and C, respectively.)
For 10 years as Psychiatrist, I am engaged in psychiatric examination of
women who are physically, sexually, psychologically, and emotionally
abused to diagnose if they are suffering from any mental disorder.

Q2: Do you know the Accused in this case, Ms. Ellena Miag-ao y Adarna?
A2: Yes, Sir.

Q3: How do you know her?

A3: I was requested by her lawyer to conduct a psychological evaluation to
her in relation to the case that she is accused of mutilating her husband.

Q4: Did you conduct a psychiatric study of the Accused in this case?
A4: Yes, Sir.

Q5: Could you please tell us the manner by which you conducted your
evaluation?

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A5: Yes, Sir. I did the standard procedure in conducting a psychological
evaluation. In the first session, on July 25, 2017 at two oclock in the
afternoon, I asked her to fill out a form which contains questions regarding
their psychological, mental and medical history and genealogy. I collected
the forms on the same day after she filled it out in my presence. On the
second session, July 27, 2017, at two oclock in the afternoon, I met with
her and asked her a battery of psychological questions. On the third
session, On July 29, 2017, I met with her at Bohol District Jail and asked her
a series of questions regarding her married life.

Q6: After your study of the accused, what have you found?
A6: I have found, as a result of the battery of psychological tests and
psychiatric study I administered, that Ellena is suffering from Battered
Woman Syndrome and she fits the profile of a battered woman.

Q7: Can you elaborate that, please?

A7: What I mean is that a battered woman syndrome is a mental disorder
of a woman who is repeatedly subjected to any forceful physical or
psychological behavior by a man in order to coerce her to do something he
wants her to do without concern for her rights. Battered women include
wives or women in any form of intimate relationship with men.
Furthermore, in order to be classified as a battered woman, the couple
must go through the battering cycle at least twice. Any woman may find
herself in an abusive relationship with a man once. If it occurs a second
time, and she remains in the situation, she is considered as a battered
woman."
Battered women exhibit common personality traits, such as low self-
esteem, traditional beliefs about the home, the family and the female sex
role; emotional dependence upon the dominant male; the tendency to
accept responsibility for the batterer's actions; and false hopes that the
relationship will improve.

Q7: Can you explain in laymans term, what is a battering cycle?

A7: More graphically, the battered woman syndrome is characterized by the
so-called cycle of violence, which has three phases: (1) the tension-building
phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at
least, nonviolent) phase.

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 During the tension-building phase, minor battering occurs -- it could be
verbal or slight physical abuse or another form of hostile behavior. The
woman usually tries to pacify the batterer through a show of kind, nurturing
behavior; or by simply staying out of his way. What actually happens is that
she allows herself to be abused in ways that, to her, are comparatively minor.
All she wants is to prevent the escalation of the violence exhibited by the
batterer. This wish, however, proves to be double-edged, because her
placatory and passive behavior legitimizes his belief that he has the right to
abuse her in the first place.
The acute battering incident is said to be characterized by brutality,
destructiveness and, sometimes, death. The battered woman deems this
incident as unpredictable, yet also inevitable. During this phase, she has no
control; only the batterer may put an end to the violence. Its nature can be as
unpredictable as the time of its explosion, and so are his reasons for ending it.
The battered woman usually realizes that she cannot reason with him, and
that resistance would only exacerbate her condition.
The final phase of the cycle of violence begins when the acute battering
incident ends. During this tranquil period, the couple experience profound
relief. On the one hand, the batterer may show a tender and nurturing
behavior towards his partner. He knows that he has been viciously cruel and
tries to make up for it, begging for her forgiveness and promising never to
beat her again. On the other hand, the battered woman also tries to convince
herself that the battery will never happen again; that her partner will change
for the better; and that this good, gentle and caring man is the real person
whom she loves.

Q8: Why do you think that Ellena suffers such disorder?

A8: As I have observed in my sessions with her, she fits the condition of a
battered woman because she usually has a very low opinion of herself. She
has self-defeating and self-sacrificing characteristics. When the violence
would happen, she usually think that she provoked it, that she was the one
who precipitated the violence and that she provoked her husband to be
physically, verbally and even sexually abusive to her.
Battered women exhibit common personality traits, such as low self-
esteem, traditional beliefs about the home, the family and the female sex
role; emotional dependence upon the dominant male; the tendency to
accept responsibility for the batterers actions; and false hopes that the
relationship will improve. As noted during the interview, these traits are
present in Ellena.

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Q9: Can you explain, in laymans term, what is the effect of such disorder
to the Accused?
A9: The repeated battering Ellena experienced with her husband
constitutes a form of cumulative provocation which broke down her
psychological resistance and natural self-control. It is very clear that she
developed heightened sensitivity to sight of impending danger her
husband posed continuously. Ellena truly experienced at the hands of her
abuser husband a state of psychological paralysis which can only be ended
by an act of violence on her part.

Q10: Dr. Sarmiento, is it not a natural reaction for a battered woman to just
leave her husband to end her suffering?
A10: No. There are a lot of reasons why a battered woman does not leave
her husband: poverty, self-blame and guilt that she provoked the violence,
the cycle itself which makes her hope her husband will change, the belief in
her obligations to keep the family intact at all costs for the sake of the
children.

Q11: As a Psychiatrist for 10 years, are there any other effects of husbands
repetitive violence or abuses to his wife?
A11: Yes. The wife will become traumatic and may suffer post-traumatic
stress disorder.

Q12: How post-traumatic stress disorder related to battered wife

syndrome?
A12: Post-Traumatic Stress Disorder is an effect of the Battered Wife
Syndrome. The effect of the repetitious pain taking, repetitious battering,
and repetitious maltreatment as well as the severity and the prolonged
administration of the battering is posttraumatic stress disorder.

Q13: Can you explain in laymans term the effects of post-traumatic stress
disorder to her behaviour?
A13: A woman suffering from post-traumatic stress disorder tries to defend
themselves, and 'primarily with knives usually pointed weapons or any

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weapon that is available in the immediate surroundings. A victim resorts to
weapons when she has 'reached the lowest rock bottom of her life and
there is no other recourse left on her but to act decisively.'

Q14: According to your educated judgment, can you say that the disorders
that you described is the reason why the accused inflicted injury to her
husband by cutting his penis?
A14: Yes sir.

Q15: How?
A15: At the time she mutilated her husband Ellenas mental condition was
that she was 're-experiencing the trauma. The re-experiencing of the
trauma is not controlled by Ellena. It will just come in flashes and probably
at that point in time that things happened when the re-experiencing of the
trauma flashed in her mind.'
Let me just reiterate that the repeated battering Ellena experienced
with her husband constitutes a form of cumulative provocation which
broke down her psychological resistance and natural self-control. It is very
clear that she developed heightened sensitivity to sight of impending
danger her husband posed continuously. Ellena truly experienced at the
hands of her abuser husband a state of psychological paralysis which can
only be ended by an act of violence on her part.

Q16: Dr. Sarmiento, did you put your findings in writing?

A16: Yes, Sir.

Q17: I have here a document which purports to be a psychological report

on one Ellena Miag-ao, dated May 2, 2017. Can you please go over it and
tell us what it is?
A17: Sir, this is the same psychological report that I have made.

Q18: Found on the last page of the same is a signature above a typewritten
name Dr. Geviena Sarmiento, is that your signature above your name?

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A18: Yes, Sir.

Q19: I have no further questions. Do you have anything to add or retract,

Dr. Sarmiento?
A19: No, Sir.

Q20: Are you willing to sign this statement?

A20: Yes, Sir.
.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day

of September 2017, Tagbilaran City, Bohol, Philippines.

DR. GEVIENA SARMIENTO

Affiant

SUBSCRIBED AND SWORN before me, this 20th day of September

2017, in Tagbilaran City, Geviena Sarmiento, whose signature above
appears presented to me his Drivers License with License No. NO2-12-
011452 issued on December 23, 2016 at the City of Tagbilaran.

ATTY. ARIEL J. RAMIREZ

Counsel for Accused

SWORN ATTESTATION

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 I faithfully recorded or caused to be recorded the questions asked
and answers given above, and neither did I nor any other person then
present or assisting me coached the witness regarding his answers.

ATTY. ARIEL J. RAMIREZ

Counsel for Accused

SUBSCRIBED AND SWORN before me, this 20th day of September

2017, in Tagbilaran City, ARIEL J. RAMIREZ, the person whose signature
above appears presented to me her IBP ID with Roll of Attorneys No. 64523
issued on May 23, 2016 at the City of Tagbilaran.

Doc No. 9;
DAVID S. MAULAS
Page No. 2; Notary Public
Book No. 4; Appointment No. 5035345
Series of 2017. Until 31 December 2017
Roll No. 91223
IBP No. 654077/ 12-31-2014
PTR No. 14434876/ 12-01-2017
MCLE 5 Compliance No. 00123; 9/16/16
Commission Serial No.: M-007

Copy furnished:

JESS ARCHEE R. REAL

Public Prosecutor

Doc No. 9;
Page No. 2;
Book No. 4;
Series of 2017.

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