Marivic Genosa Case Essay

The case of Marivic Genosa validly invoke the "battered woman syndrome" as constituting self defense for treachery attended the killing of her abusive, immature, irresponsible, alcoholic and violent husband while sleeping. The regional trial court in Ormoc found Marivic guilty "beyond reasonable doubt" of parricide and sentence her to death. The court however, is not discounting the possibility of self-defense arising from the battered woman syndrome for in may defined as a woman "who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something she wants her to do without concern for her rights." First, each of the phases of the cycle of violence must be proven to have characterized at least two battering episodes between the appellant and her intimate partner. Second, the final acute battering episode preceding the killing of the batterer must have produced in the battered person's mind an actual fear of an imminent harm from her batterer and an honest belief that she needed to use force in order to save her life. Third, at the time of the killing, the batterer must have posed probable--not necessarily immediate and actual-- grave harm to the accused, based on the history of violence perpetrated by the former against the latter. Neither did the appellant proffer sufficient evidence in regard to the third phase of the cycle. In the case of Marivic's history of abuse fit the definition of BMW ( Battered Woman Syndrome ) for she had suffered beatings from her husband during most of

It was 'incomplete self-defense' for the reason that the time gap between the big fight and the killing is definitely incomplete. The night of the incident her husband fell asleep after the terrible experiences she had undergo and take advantage, open the cabinet drawer, took the gun, walked to their room then shot her