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    People v. Genosa - Abas

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    Reuben Sobrevilla
    Marivic Genosa was convicted of killing her husband Ben Genosa with a gun. She claimed she suffered from Battered Woman Syndrome and acted in self-defense. The court ruled she did not prove she had Battered Woman Syndrome or acted in self-defense. There was no evidence she intentionally killed her husband without risk to herself, so treachery was not present. However, the court reduced her penalty from death to 6 years and 1 day to 14 years, 8 months, and 1 day in prison due to mitigating circumstances.

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    People v. Genosa - Abas

    Uploaded by

    Reuben Sobrevilla
    53 views1 page
    Marivic Genosa was convicted of killing her husband Ben Genosa with a gun. She claimed she suffered from Battered Woman Syndrome and acted in self-defense. The court ruled she did not prove she had Battered Woman Syndrome or acted in self-defense. There was no evidence she intentionally killed her husband without risk to herself, so treachery was not present. However, the court reduced her penalty from death to 6 years and 1 day to 14 years, 8 months, and 1 day in prison due to mitigating circumstances.

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    1. People v. Genosa_Abas

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    Marivic Genosa was convicted of killing her husband Ben Genosa with a gun. She claimed she suffered from Battered Woman Syndrome and acted in self-defense. The court ruled she did not prove she had Battered Woman Syndrome or acted in self-defense. There was no evidence she intentionally killed her husband without risk to herself, so treachery was not present. However, the court reduced her penalty from death to 6 years and 1 day to 14 years, 8 months, and 1 day in prison due to mitigating circumstances.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    53 views1 page

    People v. Genosa - Abas

    Uploaded by

    Reuben Sobrevilla
    Marivic Genosa was convicted of killing her husband Ben Genosa with a gun. She claimed she suffered from Battered Woman Syndrome and acted in self-defense. The court ruled she did not prove she had Battered Woman Syndrome or acted in self-defense. There was no evidence she intentionally killed her husband without risk to herself, so treachery was not present. However, the court reduced her penalty from death to 6 years and 1 day to 14 years, 8 months, and 1 day in prison due to mitigating circumstances.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    PEOPLE VS GENOSA

    GR. 135981

    Facts: The victim, Ben Genosa was killed by his wife, Marivic Genosa, the appellant. The accused
    admitted of killing his husband using a gun. The appellant pleas for acquittal on the basis that she
    has the “Battered Woman Syndrome” (BWS) which constitutes her self-defense. However, the
    Regional Trial Court ruled that the appellant is guilty beyond reasonable doubt of parricide since
    the accused has “intent to kill, with treachery and evident premeditation, did then and there
    willfully, unlawfully and feloniously attack and assault, hit and wound one BEN GENOSA” and
    was sentenced with the penalty of death.
    On automatic review by the Supreme Court, the appellant filed an Urgent Omnibus Motion
    praying that the honorable court allow the examination of the appellant by qualified psychologists
    and psychiatrist to determine her state of mind at the time she killed her husband.

    Issues:
    1. Whether or not the appellant acted in self-defense and may completely be exonerated
    from the crime of killing her husband.
    2. Whether or not treachery attended for the killing of Ben Genosa.

    Ruling: 1. The Supreme Court ruled that she is not entitled to complete exoneration since there
    was no unlawful aggression – no immediate and unexpected attack on her by her batterer-husband
    at the time she killed him. The appellant also failed in proving that the appellant has “Battered
    Woman Syndrome” and does not constitute in self-defense.
    2. No, there is treachery when one commits any of the crimes against persons by employing
    means, methods or forms in the execution thereof without risk to oneself arising from the defense
    that the offended party might make. In this case, however it was not conclusively shown that the
    appellant intentionally chose a specific means to successfully attack her husband without any risk
    to herself from any retaliatory act that her husband might make. To the contrary, it appears that
    she only thought to use a gun about the same moment she decided to kill her husband. Since there
    is an absence of any convincing proof that she consciously and deliberately employed the method
    by which she committed the crime in order to ensure its execution, the doubt should be resolved
    in her favor.

    The Court held that the conviction of Appellant Marivic Genosa for parricide is
    hereby AFFIRMED. However, there being two (2) mitigating circumstances and no aggravating
    circumstance attending her commission of the offense, her penalty is REDUCED to six (6) years
    and one (1) day of prision mayor as minimum; to 14 years, 8 months and 1 day of reclusion
    temporal as maximum.

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