2010 Criminal Law, Q19

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding no food on the table, Jack started hitting Jill only to apologize the following day.
A week later, the same episode occurred – Jack came home drunk and started hitting Jill.
Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and decided to give Jack another chance. After several days, however, Jack again came home drunk. The following day, he was found dead.
Jill was charged with parricide but raised the defense of “battered woman syndrome.”
a. Define “Battered Woman Syndrome.” (2%)
b. What are the three phases of the “Battered Woman Syndrome”? (3 %)
c. Would the defense prosper despite the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code? Explain. (2%)

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What is Battered Woman Syndrome under Republic Act No. 9262?

What are the three phases of the Battered Woman Syndrome cycle?

How many times must the three-phase battering cycle recur to establish BWS legally?

How does Section 26 of RA 9262 affect criminal liability for a woman suffering from BWS?

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Must traditional self-defense elements under the RPC be proven if BWS is established under RA 9262?

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1. Battered Woman Definition
Battered Woman Syndrome (BWS) is a scientifically recognized pattern of psychological and behavioral symptoms manifesting in women who suffer persistent physical, sexual, or psychological abuse within an intimate relationship. Under Section 3(c) of Republic Act No. 9262, the syndrome develops through cumulative trauma inflicted by a batterer. Battered women experience deep-seated fear, learned helplessness, and severe stress responses that alter their perception of danger, causing them to reasonably believe that violence is imminent even when their abuser is temporarily passive.

2. Three Battering Phases
The Battered Woman Syndrome cycle consists of three distinct recurring phases: the tension-building phase, the acute battering incident, and the tranquil or loving phase. During tension-building, minor verbal or physical abuse escalates. The acute battering phase involves severe, uncontrollable violence. In the tranquil phase, the batterer exhibits remorse, affection, and promises reform to woo the victim back. To legally establish BWS, this three-phase cycle must recur at least twice during the relationship, demonstrating a systemic pattern of domestic violence.

3. Complete Exoneration Effect
Section 26 of Republic Act No. 9262 establishes that victim-survivors suffering from Battered Woman Syndrome incur no criminal or civil liability for killing or injuring their batterer. This statutory defense operates independently of the traditional elements of self-defense under Article 11 of the Revised Penal Code. Even in the absence of immediate unlawful aggression or real-time danger at the precise moment of the killing, proof of BWS complete with at least two cycles of abuse fully exonerates the accused from parricide.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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