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PEOPLE V. GENOSA GRNo.-135891 Sept. 29, 2000

April 11, 2011

PEOPLE V. GENOSA

GRNo.-135891 Sept. 29, 2000

 

Appellant was found guilty of parricide. She now requests an examination by psychologists to determine her state of mind then under the ground of the “battered woman syndrome”.

Held:

There are four characteristics of the syndrome:1)woman believes that the violence was her fault;2)she has an inability to place the responsibility for the violence elsewhere;3)she fears for her life and/or the children’s lives;4)she has an irrational belief that the abuser is omnipresent and omniscient. Trapped in a cycle of violence and constant fear, it is not unlikely that she would succumb to her helplessness and fail to perceive possible solutions to the problem than to injure or kill her batterer. She is seized by fear of an existing or impending lethal aggression and thus would have no opportunity beforehand to deliberate o her acts and to choose a less fatal means of eliminating her sufferings.

Petition granted. In P v Pares, after a final conviction of appellant therein, the Court granted his Urgent Omnibus Motion and allowed him to undergo mental and neuralgic other examinations to determine that he was  a deaf-mute. Based on that finding and that he was unaided in the trial, he was granted a rearrangement and retrial. This action is justified on the rule that only upon proof of guilt beyond reasonable doubt may an accused to consigned to a lethal injection chamber. Also as Justice Pun said, man should be adjudged or held accountable for wrongful acts so long as free will appears unimpaired.

 

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