DEFICIENCIES OF BATTERED WIFE SYNDROME AS SELF-DEFENSE IN COURT

A Study Presented to

Atty. Joan Dymphna S. Amit

for the subject LLB 124 A – Legal Research

by

Caballes, Serah Joy G.

Oville, Joana Rose R.

EH 301-LLB

December 16, 2018

ABSTRACT

Republic Act 9262 or also known as “An act defining violence against women
and their children, providing for protective measures for victims, prescribing penalties
therefore, and for other purposes” defined 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. For many years, woman have
battled numerous wars just to acquire equal footings and rights with men. However,
today, our society seems to have over-empowered women. Laws are now more focused
on women and neglects men; which one example of which is the concept of Battered
Woman Syndrome where stated in its Section 26 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.

This research will be discussing the admissibility of the Battered Woman

Syndrome to justify a crime committed by a woman suffering from it and does not incur
criminal liability. This paper will also identify and determined of who are covered in
Section 26 of Republic Act 9262, if the Section 26 of Republic 9262 not violative to
Article III Section I of the 1987 Constitution’s equal protection clause, and if it is an
efficient way to stabilize gender equality.

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 Further, the researchers will also determine its inconsistencies, to attempt to
recognize a solution and recommendation that would be beneficial to both men and
women.

Chapter 1 of this paper presents a historical overview on gender inequality in the

society even on the part of women empowerment. The laws and circumstances
pertaining to the study. Chapter 2 exhibits the pertaining laws, cases and studies that
tackles the gender inequality, stereotypes and societal issues that hinders the
promotion of gender inequality and why battered woman syndrome is not acceptable as
a form of self defense in court. Chapter 3 entails the discussion, findings and
conclusion. Answers the sole purpose of the study, the issues raised. Finally, Chapter 4
discusses the possible remedies that could possibly solve the deficiency in Battered
woman syndrome, that inequality and inadequacy will cease to exist and it will become
a more fair form of self defense in court.

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ACKNOWLEDGEMENT

Firstly, the researchers would like to express the sincerest gratitude to Atty. Joan
Dymphna Amit for sharing her immense knowledge and intelligence in the class,
patience and motivation. Her guidance helped the researchers to make this research

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possible. The researchers could not have imagined a more gentle, patient and better
advisor in this subject.

Besides the researcher’s advisor, the researchers would like to acknowledge

their fellow classmates in LLB EH 301 for their insightful comments and
encouragements.

Lastly, the researchers would also like to mentions their families for all the
opportunities, patience and support throughout the process.

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 TABLE OF CONTENTS

I. TITLE PAGE …………………………………………………………………...…………..0

II. ACKNOWLEDGEMENTS ……………………………………………………...…………...1

III. ABSTRACT AND EXECUTIVE SUMMARY…………………………………..……….3

IV. TABLE OF CONTENTS………………………………………………………………………..4

V. INTRODUCTION………………………………………………………………………………...5

A. BACKGROUND AND RATIONALE……………………………………………..6

VI. ISSUES TO BE RESEARCHED………………………………………………………………..8

VII. OBJECTIVES………………………………………………………………………………………….8

VIII. STATUTORY LAWS……………………………………………………………………………….9

A. CASE……………………..……………………………………………………………………...10

B. PERTAINING STUDY……………………………………………………………………….11

IX. DISCUSSION/ANALYSIS, FINDINGS/ CONCLUSION…………………………...12

X. RECOMMENDATION………………………………………………………………………………...13

XI. REFERENCES…………………………………………………………………………………………..14

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INTRODUCTION

For many years, women have battled numerous wars just to progress in an effort
to close the gender inequality in the Philippines. However, there are instances were
women are given more special attention and treatment rather than men especially in
court which diminishes the goal the sense of gender equality.

This study tackles the deficiencies of a controversial and commonly used self

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defense of women in court when they have committed a crime against their spouse;
Battered Woman Syndrome. BWS is a psychological condition and describes a pattern
of behavior that develops in victims of domestic violence as a result of serious, long
term abuse. The Philippines has been using BWS as a justifying circumstance in the
early years. Particularly, in the infamous case of People vs Genosa.

The concept of Battered Woman Syndrome (BWS) is an interesting development

in Philippine Law especially in the area of protecting Women’s rights but there are also
loopholes to it, it’s application to prevailing circumstances is yet to be observed and
tested in this study.

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BACKGROUND AND RATIONALE

Women of today have made a progress to unravel the twisted historic topic
gender inequality. Through the best efforts and initiative of many movements and
sectors, even governments, the rampant difficulty on gender inequality has slowly
diminishing. However, despite efforts, there are still contexts of laws does not treat
women fairly and one of this is the context of a self-defense where is a male-centered
idea.

Historically, the Philippine setting during the Spanish era is that, women have no
equal power and right of men. And that woman is always and must be inferior to men.
They were less appreciated and were not able to express themselves. Their lives have
been set to household related chores and serve their partners which they were trained
for the rest of their lives. Biologically, a man is more powerful than a woman. Women
often has less ability and stronger than man making her less capable in protecting
herself. This has been the problem ever since, since women tends to be easily taken
advantage.

Anyone can be a victim of their own dwellings; there are lots of cases of a
battered or raped wife, abused by husbands. Some has the strength to escape, but
some others just cannot due to many reasons.

The Revised Penal Code of the Philippines, although not expressed, recognized and
provided the Battered Woman Syndrome as a self-defense for women clinically
suffering from it.

According to FindLaw, Battered Woman Syndrome (BWS) is a psychological

condition that describes the pattern of behavior that develops in victims of domestic

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violence as a result of serious, long-term abuse. The victims become depressed,
defeated, helpless, and passive that she believes that she is incapable of leaving her
abuser and hopeful that the abuser may stop hurting her. In the long run, being
succumb by the abuse, the abused will feel numb and nothing that will result to inflicting
injury or killing the abuser.

Battered Wife Syndrome, in the Revised Penal Code, comes with three stages
before it can become a valid argument in the court as self-defense. First stage, the
abuser engages in behavior that makes the relationship tension. Second, the abuser
now commits the abuse: physical, psychological, emotional, sexual, or others. Third, is
the abuser making amends and tries to fix his wrongdoings and apologies. Before it can
contend to the court as self-defense, these three stages must repeatedly happen three
times. The idea behind of Battered Woman Syndrome is giving women a slight
advantage to its abuser. Women suffering BWS are said to be not already thinking right
for all the abuses and trauma they had suffered.

A battered woman also fears for her life that might propel her to able to kill their
abuser in order to defend herself. In Battered Woman Syndrome, it is a psychological
illness that will drive the battered wife into inflicting injury to the husband.

This research will focus on the deficiencies of the Battered Woman Syndrome as
will be determined and explained further in this research. This will touch on factors and
circumstances of the Battered Woman Syndrome. The researches pray that in the
conduct of this research that it will be able to produce recommendations.

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ISSUE TO BE RESEARCHED

1. Who are covered of Section 26 of Republic Act 9262?

2. Is Section 26 of Republic Act 9262 (Battered Woman Syndrome) not violative to
Article III Section I of the 1987 Constitution’s equal protection clause?
3. Is Section 26 of Republic Act 9262 an efficient way to stabilize gender equality?

OBJECTIVES

1. To identify the inconsistencies of Section 26 of Republic At 9262 (Battered Woman

Syndrome)
2. To recognize a solution to Section 26 of RA 9262 that would make it beneficial to
both men and women
3. To recommend a solution in gender inequality with regards to Section 26 of Republic
9262 or the Battered Woman Syndrome as self-defense.

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STATUTORY LAW

Before the VAWC Law the Philippines have already promulgated laws that
addresses domestic violence or violence within an intimate relationship; such laws are
the Family Code, Republic Act 8353, Anti- Rape Law of 1998 and the Revised Penal
Code.

The most meritorious law in this study is the VAWC or R.A. No. 9262 introduces
the concept of a Battered Woman Syndrome as a defense on the side of the victim-
survivor who has intentionally or unintentionally murdered the abuser. It protects the
victim-survivor by extinguishing her criminal and civil liability. On Sec. 26 of R.A. 9262,
“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.” Hence, under R.A. 9262, even if the elements of self-defense are not present, a
woman suffering from the said syndrome shall not be criminally and civilly liable. BWS
becomes a justifying circumstance that can acquit the accused woman. In effect, this
gives a very broad protection for the woman suffering from BWS. However, expert
psychiatrists/psychologists must attest with proper examination and documentation that
the victim is indeed suffering from Battered Woman Syndrome. (Junio, et al.,2014)

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CASE:

In the case of People v. Genosa case, the woman was sentenced to

imprisonment of six (6) years and one (1) day to 14 years 8 months and 1 day as
maximum because [1] the presence of BWS was not proven; and [2] the SC’s decision
was limited with the prevailing provisions of the Revised Penal Code which did not
consider BWS as a justifying circumstance that would enable Genosa to claim valid self-
defense—as the case was decided several months before the passage of R.A. 9262
into law in March 2004. (Supreme Court, 2004)

Even if the development of BWS’s has been tremendously growing we still can’t deny
that it’s application to certain cases can still be questionable and should be observed
and tested thoroughly.

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PERTAINING STUDY

Base on the study of Miller and Krauss, battered women syndrome does not
bridge the gap between psychology and law well. Even it has been accepted by the
court as a form of self defense there is questions to the admissibility of BWS for it still
has inadequacy. He stated that most of the tim Judges are not inclined to science which
makes self supporting reports as a big contributor to convicting a so called battered
woman for self supporting reports may concur bias, benefitting the battered woman.
Even the behavioral study on Battered Woman Syndrome is inconsistent.

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 Also, in a study conducted by Bernardo Zabala, he discussed about the unusual
societal issues, Battered Husbands (TAKUSA or Takot sa Asawa). The said study
divulged on the fact that when hearing “domestic violence” people would automatically
assume that the victim is a woman but surprisingly the number of domestic violence
episodes in the Philippines involves woman as the aggressor. A husband who is abused
suffers in the same intensity as to the battered the wife; either emotional, verbal and
physical. (Rubicks, 2011).

Some men also chooses not to disclose their current situation to the public, to the
court for the reason of fear from society’s perceiving eyes towards men being battered
and abused by women. Denying is a way of men’s coping mechanism for men in this
type of situation specially when it comes to opening up to their emotions to their abusive
spouse. (Sandra,2010)

An abused husband may also have difficulties in seeking legal remedies against
his spouse which makes them also prone to severe mental and emotional issues.
(Fardesth,2011)

DISCUSSION/ANALYSIS, FINDINGS/ CONCLUSION

In the Philippines, it is culturally unacceptable for a man to be beaten by a

woman. This is what the patriarchy resulted to, setting the standard of roles of gender in
our society. Making cases of battered men in an intimate relationship unbelievable.

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 In the landmark case of People vs Genosa though she used battered woman
syndrome at that time domestic violence as a form of self defense she was still
convicted but the penalty was converted to a less harsh punishment. Portraying that
even the Supreme Court themselves does not equate domestic violence as justifying
circumstance for murder and now that a law has been promulgated that specifically
talks about women being battered by their husbands can have the audacity to kill, to not
be held criminally liable because of battered women syndrome it can be subject to
abuse by women themselves.

Also, prior to VAWC law the provisions for physical injuries in the Revised Penal
Code and Family Code are both gender neutral: it does not specify any gender of the
victim. Said laws are applicable to all gender, it does not contradict Art III Section 1 of
the 1987 Constitution which is the equal protection clause compared to Section 26 of
the VAWC law.

On the several studies that have been presented inadequacy and incostency was
clearly the driving force for gender domestic violence policies to exist but litigators
consider it as problematic because of societal issues.

Policies and laws that mostly enacted in the Philippines covers only women and
children which makes BWS inadmissible for its basis as a form of self defense is the
woman’s report on what happened but it may turn out that has been falsified to benefit
them. It proves the fact that gender inequality through Section 26 of Republic Act 9262
cannot be stabilized for it allows woman to have such privilege but deprives men of
acquiring the same.

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RECOMMENDATION

The researchers would like to recommend on to following:

1. To the Legislative Department of the Republic of the Philippines to craft a

separate law regarding on this matter;

2. That that separate law must beneficial to both genders;

3. To give the law a strict application and implementation;

4. To set conditions, limitations and standards to Psychometricians who can be

validly reliable in courts;

5. To provide budget on education and proper dissemination to both men and

women;

6. That the government must also promote Men Empowerments;

7. That the Government should educate it’s workers that the budget allocation on
specified on Gender and Development must not only focus on Women.

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REFERENCES

1. Section I, Article III of the 1987 Constitution

2. Section 26 of Republic Act 9262 or the Battered Woman Syndrome
3. Revised Penal Code
4. Doyle, M. C (2011). Gender Inequality in the Law: Deficiencies of Battered
Woman Syndrome and a New Solution to Closing the Gender Gap in Self-Defense Law.
Claremont McKenna College.
5. FindLaw. Battered Woman Syndrome. 2018.

6. Gemma Minda Iso. Filipino Battered Husbands. 2017.

7. Neka McGuire. When battered husbands speak out. 2016

8. Panganiban, J. PEOPLE OF THE PHILIPPINES, appellee, vs. MARIVIC

GENOSA, appellant. GR No. 135981. 2004

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