How far would you go for love—love for oneself, one’s partner, one’s family, and others?
Most people answer this question by offering as much support, understanding, and presence as they can to the person they care about. Others might say they would endure the journey of loving someone, even the pain and regret, until they reach that point.
Some might even be willing to sacrifice their own well-being, compromise their values, and act selflessly just to preserve their beliefs about love and its workings, even if it means hurting their own selves, and sacrificing their own interests. However, we cannot justify how one feels, perceives, and acts out of love for another person because our experiences of love are unique.
Today, we explore the legal perspective on viewing self-love and love for others as means of escaping abusive relationships.
Senior Associate Justice Marivic Leonen, in the case of Tan-Andal vs. Andal, emphasized that love is built on a promise to transcend our own selves and empower the other to become the best version of themselves. In the face of an opposite situation, what can a woman do to protect herself? The choices are limited to either leaving or staying.
In the landmark case of People of the Philippines vs. Marivic Genosa, a married woman, suffering under the torment of her legitimate husband, was driven by a powerful impulse to kill him to end her suffering.
They got married in 1983 and had two children. Initially, they were happy, but their relationship deteriorated into violent quarrels and physical altercations. The husband’s drunkenness often triggered these fights, leading to boxing matches that left her with multiple physical injuries. Her medical records from the hospital where she worked revealed that she had received treatment for these injuries a total of six times over a seven-year period.
Marivic Genosa is the first case of what we call the “Battered Woman Syndrome” (BWS). BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships due to cumulative abuse.
A “Battered Woman” is a wife or woman in any intimate relationship with a man who repeatedly subjects her to forceful physical or psychological behavior to coerce her into doing something he wants without regard for her rights. However, to be classified as a woman suffering from BWS, the couple must endure the battering cycle at least twice.
As the law states, “any woman may find herself in an abusive relationship with a man once. If it occurs a second time and she remains in the situation, she is a battered woman.”
The battering cycle consists of three phases: (1) tension-building, (2) acute battering, and (3) tranquil, loving, or at least non-violent phase.
In the first phase, minor battering, such as verbal abuse or slight physical abuse, occurs. The battered woman attempts to pacify the batterer through kind, nurturing behavior or by avoiding him to prevent escalation. However, this coping mechanism inadvertently legitimizes the abusive behavior of her batterer.
The second phase is characterized by brutality, destructiveness, and sometimes death. The battered woman perceives this phase as unpredictable and inevitable. She has no control, as only the batterer can end the violence. Recognizing that his abusive behavior and reasons are explosive, she realizes she cannot reason with him or resist, as attempting to do so would worsen her situation. During this phase, she develops a sense of detachment from the attack and pain.
The third phase begins when the second phase ends, hence the term “tranquil, loving, or at least non-violent phase.” During this period, the couple experiences profound relief. The batterer may express regret, show tenderness and nurturing behavior, seek forgiveness, and promise never to beat her again. Conversely, the battered woman convinces herself that the battery will never happen again and that her partner will change for the better. She believes she finally sees the “good, gentle, and caring man” she loves.
Experts explain that battered women often find it challenging to leave their husbands due to various factors. Poverty, self-blame, and guilt stemming from the belief that she provoked the violence can hinder their decision to leave. Additionally, the cycle of abuse itself creates a sense of hope that their husband will change. Furthermore, they often feel obligated to maintain the family at all costs, prioritizing the well-being of their children.
These factors are influenced by common personality traits among battered women, including low self-esteem, traditional beliefs about the home, family, and female roles, emotional dependency on the dominant male, a tendency to accept responsibility for the batterer’s actions, and false hopes for the relationship’s improvement.
Unfortunately, Marivic Genosa failed to provide sufficient evidence to prove that her case involved three cycles of violence. She mentioned that she would usually run away to her mother’s or father’s house when her late husband would seek her out, apologize, and promise to change. Believing his words, she would return to their shared living space.
Additionally, she was unable to raise BWS as self-defense. Marivic herself testified that there was enough time between her husband’s unlawful aggression and her fatal attack on him. At the time of the incident, she was able to escape from his violent behavior and sought refuge in their children’s bedroom. He had apparently ceased his attack and gone to bed, rendering him no longer in a position to pose an actual threat to her life or safety.
For one to invoke self-defense as a justifying circumstance under Article 11 of the Revised Penal Code, the following elements must concur: (a) Unlawful Aggression; (b) Reasonable Necessity of the Means employed to prevent or repel it; and (c) Lack of sufficient provocation on the part of the person defending himself.
Unlawful aggression is the most critical and indispensable element of self-defense and without it, there can be no self-defense. In the Genosa case, since there was no longer an imminent or actual attack on the person of Marivic at the time she killed her husband who was already sleeping, self-defense was unavailing.
Nevertheless, considering all the surrounding circumstances in this case of Marivic Genosa, the Supreme Court appreciated two mitigating circumstances in her favor which were psychological paralysis and passion and obfuscation.
“Psychological paralysis” refers to the cyclical nature and severity of the violence inflicted on a person, which resulted in cumulative provocation that broke down her psychological resistance and natural self-control. This led to “psychological paralysis,” difficulty concentrating, and memory impairment.
Paragraphs 9 and 10 of Article 13 of the Revised Penal Code define “such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts”, and “any circumstance of a similar nature and analogous to those mentioned above.”
“Passion and obfuscation” involves the extenuating circumstance of acting upon an impulse so powerful that it naturally produced passion and obfuscation. This state of mind occurs when a crime is committed due to an uncontrollable burst of passion provoked by prior unjust or improper acts or by a legitimate stimulus so powerful that it overcomes reason.
These circumstances manifested in the acute battering incident when her deceased husband had threatened to kill her while dragging her by the neck towards a cabinet where he kept a gun. Worse, she was eight months pregnant at the time, and the attempt on her life was also an attempt on the life of her unborn child.
The husband’s abusive and violent acts, directed at the lives of both Marivic and her unborn child, naturally produced passion and obfuscation that overcame her reason. Even though she was able to retreat to a separate room, her emotional and mental state continued.
According to her, she felt her blood pressure rise, was filled with feelings of self-pity and fear that she and her baby were about to die. In a fit of indignation, she pried open the cabinet drawer where her husband kept a gun, took the weapon, and used it to shoot him.
After everything, Marivic Genosa was still found guilty of parricide, which carries a penalty of reclusion perpetua to death. Considering the circumstances attendant to the case, the Supreme Court deemed it just and appropriate to impose the penalty of prision mayor in its minimum period, or six (6) years and one (1) day in prison as minimum to reclusion temporal in its medium period, or 14 years 8 months and 1 day as maximum. However, since Marivic had already served the minimum period, she was released on parole.
The case of Marivic Genosa, a tragic story of domestic violence, a case decided on January 15, 2004, propelled the enactment on March 8, 2004 of Republic Act No. 9262, the Violence Against Women and Their Children Act of 2004. This law provides comprehensive protection for women and children alike.
Section 26 of the law specifically addresses battered woman syndrome (BWS) as a defense, stating that victim-survivors of BWS do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstance of self-defense under the Revised Penal Code. It is important to emphasize, however, that in the determination of the state of mind of the woman suffering from BWS at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/psychologists. This development significantly enhances the protection for women in abusive relationships by recognizing the unique legal challenges faced by victim-survivors of domestic violence.
The law, the courts, and humanity recognize that individuals may be genuinely psychologically incapable of harming others from the start. But there are valid reasons behind actions driven by love or hatred. However, much work remains to be done to prevent once happy and loving relationships from turning abusive. Perhaps, it is time for personal changes and self-reflection.
As Justice Panganiban wisely noted, while our hearts empathize with battered individuals, the courts must operate within the bounds of law, jurisprudence, and the available facts. We cannot create or amend laws.
Only Congress, in its wisdom, has the power to do so.
But as responsible citizens, we can all help create a safe environment where everyone feels that they are loved, heard, cared for, and empowered to be able to regain control of themselves!
Let us stop domestic violence by ending the culture of silence!
Atty Balungay’s podcast with Manang Lucy, “The Law Will Get You Through,” airs every third Sunday of the month at 7 PM on Baguio Chronicle’s Official Facebook Page. Watch all episodes on YouTube.
