Romeo and Julia have been married for twelve (12) years and had two (2) children. The first few years of their marriage went along smoothly. However, on the fifth year onwards, they would often quarrel when Romeo comes home drunk. The quarrels became increasingly violent, marked by quiet periods when Julia would leave the conjugal dwelling. During these times of quiet, Romeo would “court” Julia with flowers and chocolate and convince her to return home, telling her that he could not live without her; or Romeo would ask Julia to forgive him, which she did, believing that if she humbled herself, Romeo would change. After a month of marital bliss, Romeo would return to his drinking habit and the quarrel would start again, verbally at first, until it would escalate to physical violence.
One night, Romeo came home drunk and went straight to bed. Fearing the onset of another violent fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors discovered Romeo’s rotting corpse on the marital bed. Julia and the children were nowhere to be found. Julia was charged with parricide. She asserted “battered woman’s syndrome” as her defense.
[a] Explain the “cycle of violence.” (2.5%)
[b] Is Julia’s “battered woman’s syndrome” defense meritorious? Explain. (2.5%)
Suggested answer only. Not an official answer and not legal advice.
(a) The "cycle of violence" has three phases: tension-building, acute battering, and tranquil phase. (b) Yes, Julia's Battered Woman Syndrome (BWS) defense is meritorious. Under Section 26 of RA 9262, BWS exempts victim-survivors from
Unlock the full Criminal Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What are the three distinct phases comprising the 'cycle of violence' in intimate partner abuse under RA 9262?
The cycle of violence consists of the tension-building, acute battering, and tranquil phases.
What is the legal effect when a woman suffering from Battered Woman Syndrome kills her abusive spouse under Section 26 of RA 9262?
Section 26 of RA 9262 exempts victims of Battered Woman Syndrome from criminal and civil liability.
How many battering cycles must be established under People v. Genosa to substantiate the defense of Battered Woman Syndrome?
Jurisprudence requires establishing at least two battering cycles to prove Battered Woman Syndrome.
Why is Julia's stabbing of her sleeping husband Romeo justified under the defense of Battered Woman Syndrome?
Choices available with full access.
What evidence is crucial to substantiate that a defendant was suffering from Battered Woman Syndrome at the time of the offense?
Choices available with full access.
Learn more about these topics
1. Cycle of Violence
Under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act of 2004, the cycle of violence characterizes the psychological pattern of abusive relationships through three recurring phases: the tension-building phase, the acute battering incident, and the tranquil or honeymoon phase. In the tension-building phase, minor verbal or physical abuse occurs. The acute battering phase involves severe, uncontrollable violence. The tranquil phase follows, where the batterer exhibits remorse, affection, and promises of change. This recurring pattern creates cumulative psychological trauma and helplessness in the victim.
2. Battered Woman Syndrome
Battered Woman Syndrome refers to a scientifically recognized pattern of psychological and behavioral symptoms developing in women who experience sustained physical, sexual, or psychological abuse by an intimate partner. Under Section 26 of RA 9262, victim-survivors suffering from Battered Woman Syndrome do not incur criminal or civil liability, notwithstanding the absence of any of the elements of self-defense under the Revised Penal Code. The psychological state resulting from repeated battering cycles induces a state of learned helplessness and persistent fear of imminent danger, justifying the woman's actions even during periods of apparent tranquility or sleep.
3. Requisites of Defense
Under Philippine jurisprudence established in People v. Genosa and codified in RA 9262, to successfully invoke Battered Woman Syndrome as a complete defense, the defense must establish at least two battering cycles between the batterer and the victim. Each cycle must consist of the tension-building, acute battering, and tranquil or honeymoon phases. Expert psychiatric or psychological testimony is required to prove that the victim was suffering from Battered Woman Syndrome at the time of the offense, thereby establishing that her perception of danger was impaired by cumulative psychological trauma.