Justifying Circumstances; Battered Woman psychological and behavioral symptoms found in Here, there was no longer unlawful aggression
Here, there was no longer unlawful aggression when Ms.
Syndrome (2010)
No. XIX. c. Jack and Jill have been married for seven
years. One night, Jack came home drunk. Finding no food
on the table, Jack started hitting Jill only to apologize the
following day. A week later, the same episode occurred –
Jack came home drunk and started hitting Jill. Fearing for
her life, Jill left and stayed with her sister. To woo Jill back,
Jack sent her floral arrangements of spotted lilies and
confectioneries. Two days later, Jill returned home and
decided to give Jack another chance. After several days,
however, Jack again came home drunk. The following
day, he was found dead. Jill was charged with parricide
but raised the defense of "battered woman syndrome."
Would the defense prosper despite the absence of any of
the elements for justifying circumstances of self-defense
under the Revised Penal Code? Explain. (2%)
SUGGESTED ANSWER: Yes, Section 26 of Rep. Act
No. 9262 provides that victim-survivors who are
found by the courts to be suffering from battered
woman syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense
under the Revised Penal Code.
R.A. 9262; Violence Against Women and Children
Act; Battered Woman Syndrome (2010)
No. XIX. a. Jack and Jill have been married for seven
years. One night, Jack came home drunk. Finding no food
on the table, Jack started hitting Jill only to apologize the
following day. A week later, the same episode occurred –
Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To
woo Jill back, Jack sent her floral arrangements of
spotted lilies and confectioneries. Two days later, Jill
returned home and decided to give Jack another chance.
After several days, however, Jack again came home
drunk. The following day, he was found dead. Jill was
charged with parricide but raised the defense of "battered
woman syndrome." Define "Battered Woman Syndrome."
(2%)
SUGGESTED ANSWER: “Battered Woman
Syndrome” refers to a scientifically defined pattern of
Special Penal Laws
women living in battering relationships as a result of A successfully disarmed Mr. B when she had grappled
cumulative abuse (Section 3(d), Rep. Act No 9262). with him to get the knife. Notwithstanding this fact, the
Battered Woman Syndrome may still be invoked as a
R.A. 9262; Violence Against Women and Children justifying circumstance.
Act; Battered Woman Syndrome; Phases (2010)
No. XIX. b. Jack and Jill have been married for seven
years. One night, Jack came home drunk. Finding no food
on the table, Jack started hitting Jill only to apologize the
following day. A week later, the same episode occurred –
Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To
woo Jill back, Jack sent her floral arrangements of
spotted lilies and confectioneries. Two days later, Jill
returned home and decided to give Jack another chance.
After several days, however, Jack again came home
drunk. The following day, he was found dead. Jill was
charged with parricide but raised the defense of "battered
woman syndrome." What are the three phases of the
"Battered Woman Syndrome"? (3 %)
SUGGESTED ANSWER: The three (3) phases of the
“Battered Woman Syndrome” are: (1) the tension-
building phase; (2) the acute battering incident; and
(3) the tranquil, loving, or non-violent phase (People
v. Genosa, G.R. No. 135981, January 15, 2004).
Answers to 2014 Bar Questions in Criminal Law.
I. Battered Woman Syndrome
Yes, Ms. A can validly put up the defense of “Battered
Woman Syndrome” as a justifying circumstance.
Under the Anti-Violence against Women and their
Children Act of 2004 (RA 9262), Battered Woman
Syndrome is a justifying circumstance notwithstanding
that any of the elements of self-defense is lacking. The
emphasis on “notwithstanding that any of the elements of
self-defense is lacking” was added precisely to avoid
confusion with the rule on self-defense under the Revised
Penal Code.
RA 9262 defines Battered Woman Syndrome as a
“scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.”
Bar Qs on RA 9262 Page 1 of 1