Dear PAO,

My friend has endured abuse at the hands of her husband. He has been abusing and mistreating her physically, mentally, and verbally for the past five years. She only tolerated this behavior because she wanted their only son to have a complete family. One day, he came home drunk and beat her so badly that she passed out. After a few minutes, she regained consciousness, she walked to the kitchen, grabbed a knife, and stabbed her husband, who was resting in their bedroom. Is my friend entitled to invoke the Battered Woman Syndrome as a defense?

Rizzalyn

Dear Rizzalyn,

Section 3(c) of the Republic Act (RA) 9262, otherwise known as Anti-Violence Against Women and Their Children Act of 2004, defines what Battered Woman Syndrome is, while Section 26 of the same law determines when Battered Woman Syndrome can be invoked as a defense, to wit:

“SECTION 3. Definition of Terms. – As used in this Act, xxx

“(c) ‘Battered Woman Syndrome’ refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.”

“SECTION 26. Battered Woman Syndrome as a Defense. – 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.

“In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.”

Correlatively, the case of People vs. Genosa (G.R. No. 135981, September 29, 2000) penned by Chief Justice Artemio V. Panganiban, provides the elements of self-defense hinged on Battered Woman Syndrome as follows:

“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. Taken altogether, these circumstances could satisfy the requisites of self-defense.” (Underscoring supplied)

In short, if an abused woman kills or inflicts physical injuries on her abusive husband or live-in partner, and the trial court determines that she is suffering from Battered Woman Syndrome, the court may declare her not guilty as her act could be considered as self-defense.

Thus, your friend may use Battered Woman Syndrome as a defense as long as she can establish that all the elements thereof are present when she stabbed and killed her husband.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]