G.R. No.

179035             April 16, 2008 Appellant claimed that he wrested the weapon from Lilybeth after she stabbed him first.
According to him, they had an altercation on the evening of 25 November 2002 because
THE PEOPLE OF THE PHILIPPINES, appellee, he saw a man coming out from the side of their house and when he confronted his wife
vs. about the man, she did not answer. On the following morning, he told her that they
JESUS PAYCANA, JR., appellant. should live separately. As appellant got his things and was on his way out of the door,
Lilybeth stabbed him. But he succeeded in wresting the knife from Lilybeth. And he
DECISION stabbed her. He added that he was not aware of the number of times he stabbed his wife
because he was then dizzy and lots of blood was coming out of his wound.7
TINGA, J.:
The trial court found appellant guilty in a decision dated 14 April 2005.8 The case was
automatically appealed to the Court of Appeals pursuant to Rule 122 Section 3(d) of the
Appellant Jesus Paycana Jr. was charged1 with the complex crime of parricide with
Rules of Criminal Procedure.9 The appellate court denied appellant’s appeal in a decision
unintentional abortion before the Regional Trial Court (RTC) of Iriga City, Branch 37.
dated 30 May 2007.10 Appellant filed a notice of appeal dated 14 June 2007 before the
Appellant pleaded not guilty during the arraignment.2 Pre-trial ensued, in which appellant
Court of Appeals.11
admitted that the victim Lilybeth Balandra-Paycana (Lilybeth) is his legitimate wife.3
The Court is not convinced by appellant’s assertion that the trial court erred in not
Appellant sought to exculpate himself from the crime by setting up self-defense, claiming
appreciating the justifying circumstance of self-defense in his favor.
that it was his wife who attacked him first. In view of the nature of self-defense, it
necessarily follows that appellant admits having killed his seven (7)-month pregnant wife,
and in the process put to death their unborn child. Self-defense, being essentially a factual matter, is best addressed by the trial court.12 In
the absence of any showing that the trial court failed to appreciate facts or circumstances
of weight and substance that would have altered its conclusion, the court below, having
The prosecution presented Tito Balandra (Tito), the father of the victim; Angelina
seen and heard the witnesses during the trial, is in a better position to evaluate their
Paycana (Angelina), appellant’s eldest daughter who personally witnessed the whole
testimonies. No compelling reason, therefore, exists for this Court to disturb the trial
gruesome incident; Barangay Tanod Juan Parañal, Jr.; Dr. Stephen Beltran, who
court’s finding that appellant did not act in self-defense.
conducted the autopsy; and Santiago Magistrado, Jr., the embalmer who removed the
fetus from the deceased’s body.
Appellant failed to discharge the burden to prove self-defense. An accused who
interposes self-defense admits the commission of the act complained of. The burden to
The evidence for the prosecution established that on 26 November 2002, at around 6:30
establish self-defense is on the accused who must show by strong, clear and convincing
in the morning, appellant, who worked as a butcher, came home from the slaughter
evidence that the killing is justified and that, therefore, no criminal liability has attached.
house carrying his tools of trade, a knife, a bolo, and a sharpener.4 His wife was
The first paragraph of Article 11 of the Revised Penal Code13 requires, in a plea of self-
preparing their children for school and was waiting for him to come home from his work.
defense, (1) an unlawful aggression on the part of the victim, (2) a reasonable necessity
For reasons known to him alone, appellant stabbed his wife 14 times.5 Tito, whose house
of the means employed by the accused to prevent or repel it, and (3) the lack of sufficient
is at back of appellant’s house, heard his daughter shouting for help. When he arrived,
provocation on the part of the person defending himself.14
he saw his daughter lying prostrate near the door and her feet were trembling. But
seeing appellant, who was armed, he stepped back. Angelina told Tito by the window
that appellant had held her mother’s neck and stabbed her. 6 Unlawful aggression is a condition sine qua non for the justifying circumstance of self-
defense. Without it, there can be no self-defense, whether complete or incomplete, that
can validly be invoked.15 Appellant’s claim of self-defense was belied by the eyewitness
testimony of his own daughter Angelina, which was corroborated by the testimony of his element in parricide is the relationship of the offender with the victim. In the case of
father-in-law Tito and the medical findings. Angelina’s testimony was very clear on how parricide of a spouse, the best proof of the relationship between the accused and the
her father strangled and stabbed her mother just as she was about to greet him upon deceased would be the marriage certificate. The testimony of the accused of being
arriving home. She begged her father to stop, and even tried to grab her father’s hand married to the victim, in itself, may also be taken as an admission against penal
but to no avail.16 Tito ran to appellant’s house as he heard his daughter Lilybeth’s interest.23
screaming for help, and he saw her lying prostate near the door with her feet trembling.
He moved back as he saw appellant armed with a weapon. Angelina told him by the As distinguished from infanticide,24 the elements of unintentional abortion25 are as follows:
window that appellant had held her mother’s neck and stabbed her.17 (1) that there is a pregnant woman; (2) that violence is used upon such pregnant woman
without intending an abortion; (3) that the violence is intentionally exerted; and (4) that as
Moreover, Dr. Rey Tanchuling, a defense witness who attended to appellant’s wound, a result of the violence the fetus dies, either in the womb or after having been expelled
testified on cross-examination that the injuries suffered by appellant were possibly self- therefrom. In the crime of infanticide, it is necessary that the child be born alive and be
inflicted considering that they were mere superficial wounds.18 viable, that is, capable of independent existence.26 However, even if the child who was
expelled prematurely and deliberately were alive at birth, the offense is abortion due to
In any event, self-defense on the part of appellant is further negated by the physical the fact that a fetus with an intrauterine life of 6 months is not viable.27 In the present
evidence in the case. Specifically, the number of wounds, fourteen (14) in all, indicates case, the unborn fetus was also killed when the appellant stabbed Lilybeth several times.
that appellant's act was no longer an act of self-defense but a determined effort to kill his
victim.19 The victim died of multiple organ failure secondary to multiple stab wounds.20 The case before us is governed by the first clause of Article 4828 because by a single act,
that of stabbing his wife, appellant committed the grave felony of parricide as well as the
The Court agrees with the trial court’s observation, thus: less grave felony of unintentional abortion. A complex crime is committed when a single
act constitutes two or more grave or less grave felonies.
Angelina who is 15 years old will not testify against her father were it not for the
fact that she personally saw her father to be the aggressor and stab her mother. Under the aforecited article, when a single act constitutes two or more grave or less
Telling her grandfather immediately after the incident that accused stabbed her grave felonies the penalty for the most serious crime shall be imposed, the same to be
mother is part of the res gestae hence, admissible as evidence. Between the applied in its maximum period irrespective of the presence of modifying circumstances.
testimony of Angelica who positively identified accused to have initiated the Applying the aforesaid provision of law, the maximum penalty for the most serious crime
stabbing and continuously stabbed her mother and on the other hand, the (parricide) is death. However, the Court of Appeals properly commuted the penalty of
testimony of accused that he killed the victim in self-defense, the testimony of the death imposed on the appellant to reclusion perpetua, pursuant to Republic Act No.
former prevails.21 9346.29

The RTC, as affirmed by the Court of Appeals, properly convicted appellant of the Civil indemnity in the amount of P50,000.00 (consistent with prevailing jurisprudence) is
complex crime of parricide with unintentional abortion in the killing of his seven (7)-month automatically granted to the offended party, or his/her heirs in case of the former’s death,
pregnant wife. without need of further evidence other than the fact of the commission of any of the
aforementioned crimes (murder, homicide, parricide and rape). Moral and exemplary
Bearing the penalty of reclusion perpetua to death, the crime of parricide22 is committed damages may be separately granted in addition to indemnity. Moral damages can be
when: (1) a person is killed; (2) the deceased is killed by the accused; and (3) the awarded only upon sufficient proof that the complainant is entitled thereto in accordance
deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate with Art. 2217 of the Civil Code, while exemplary damages can be awarded if the crime is
other ascendant or other descendant, or the legitimate spouse of the accused. The key committed with one or more aggravating circumstances duly proved. The amounts
thereof shall be at the discretion of the courts.30 Hence, the civil indemnity of P50,000.00
awarded by the trial court to the heirs of Lilybeth is in order. They are also entitled to REPUBLIC OF THE PHILIPPINES, G.R. No. 166676
moral damages in the amount of P50,000.00 as awarded by the trial court.31
Petitioner, Present:
In addition to the civil liability and moral damages, the trial court correctly made appellant
account for P25,000.00 as exemplary damages on account of relationship, a qualifying
circumstance, which was alleged and proved, in the crime of parricide.32 - versus - Quisumbing, J., Chairperson,

WHEREFORE, the appeal is DISMISSED. The Decision of the Court of Appeals JENNIFER B. CAGANDAHAN, Carpio Morales,
is AFFIRMED.
Respondent. Tinga,
SO ORDERED.
VELASCO, JR., and

BRION, JJ.

Promulgated:

September 12, 2008

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
 DECISION her gender be changed from female to male and her first name be
changed from Jennifer to Jeff.
QUISUMBING, J.:
The petition was published in a newspaper of general circulation for three
This is a petition for review under Rule 45 of the Rules of Court raising (3) consecutive weeks and was posted in conspicuous places by the sheriff
purely questions of law and seeking a reversal of the Decision[1] dated of the court. The Solicitor General entered his appearance and authorized
January 12, 2005 of the Regional Trial Court (RTC), Branch 33 of Siniloan, the Assistant Provincial Prosecutor to appear in his behalf.
Laguna, which granted the Petition for Correction of Entries in Birth
Certificate filed by Jennifer B. Cagandahan and ordered the following To prove her claim, respondent testified and presented the testimony of
changes of entries in Cagandahan’s birth certificate: (1) the name "Jennifer Dr. Michael Sionzon of the Department of Psychiatry, University of the
Cagandahan" changed to "Jeff Cagandahan" and (2) gender from "female" Philippines-Philippine General Hospital. Dr. Sionzon issued a medical
to "male." certificate stating that respondent’s condition is known as CAH. He
explained that genetically respondent is female but because her body
The facts are as follows. secretes male hormones, her female organs did not develop normally and
she has two sex organs – female and male. He testified that this condition
On December 11, 2003, respondent Jennifer Cagandahan filed a Petition is very rare, that respondent’s uterus is not fully developed because of
for Correction of Entries in Birth Certificate2 before the RTC, Branch 33 of lack of female hormones, and that she has no monthly period. He further
Siniloan, Laguna. testified that respondent’s condition is permanent and recommended the
change of gender because respondent has made up her mind, adjusted to
In her petition, she alleged that she was born on January 13, 1981 and was her chosen role as male, and the gender change would be advantageous
registered as a female in the Certificate of Live Birth but while growing up, to her.
she developed secondary male characteristics and was diagnosed to have
Congenital Adrenal Hyperplasia (CAH) which is a condition where persons The RTC granted respondent’s petition in a Decision dated January 12,
thus afflicted possess both male and female characteristics. She further 2005 which reads:
alleged that she was diagnosed to have clitoral hyperthropy in her early
years and at age six, underwent an ultrasound where it was discovered The Court is convinced that petitioner has satisfactorily shown that he is
that she has small ovaries. At age thirteen, tests revealed that her ovarian entitled to the reliefs prayed [for]. Petitioner has adequately presented to
structures had minimized, she has stopped growing and she has no breast the Court very clear and convincing proofs for the granting of his petition.
or menstrual development. She then alleged that for all interests and It was medically proven that petitioner’s body produces male hormones,
appearances as well as in mind and emotion, she has become a male and first his body as well as his action and feelings are that of a male. He
person. Thus, she prayed that her birth certificate be corrected such that has chosen to be male. He is a normal person and wants to be
 II.
acknowledged and identified as a male.
CORRECTION OF ENTRY UNDER RULE 108 DOES NOT ALLOW CHANGE OF
WHEREFORE, premises considered, the Civil Register of Pakil, Laguna is "SEX" OR "GENDER" IN THE BIRTH CERTIFICATE, WHILE RESPONDENT’S
hereby ordered to make the following corrections in the birth [c]ertificate MEDICAL CONDITION, i.e., CONGENITAL ADRENAL HYPERPLASIA DOES
of Jennifer Cagandahan upon payment of the prescribed fees: NOT MAKE HER A "MALE."4

a) By changing the name from Jennifer Cagandahan to JEFF Simply stated, the issue is whether the trial court erred in ordering the
CAGANDAHAN; and correction of entries in the birth certificate of respondent to change her
sex or gender, from female to male, on the ground of her medical
b) By changing the gender from female to MALE. condition known as CAH, and her name from "Jennifer" to "Jeff," under
Rules 103 and 108 of the Rules of Court.
It is likewise ordered that petitioner’s school records, voter’s registry,
baptismal certificate, and other pertinent records are hereby amended to The OSG contends that the petition below is fatally defective for non-
conform with the foregoing corrected data. compliance with Rules 103 and 108 of the Rules of Court because while
the local civil registrar is an indispensable party in a petition for
SO ORDERED.[3] cancellation or correction of entries under Section 3, Rule 108 of the Rules
of Court, respondent’s petition before the court a quo did not implead the
Thus, this petition by the Office of the Solicitor General (OSG) seeking a local civil registrar.5 The OSG further contends respondent’s petition is
reversal of the abovementioned ruling. fatally defective since it failed to state that respondent is a bona
fide resident of the province where the petition was filed for at least three
The issues raised by petitioner are: (3) years prior to the date of such filing as mandated under Section 2(b),
Rule 103 of the Rules of Court.6 The OSG argues that Rule 108 does not
THE TRIAL COURT ERRED IN GRANTING THE PETITION CONSIDERING THAT: allow change of sex or gender in the birth certificate and respondent’s
claimed medical condition known as CAH does not make her a male.7
I.
On the other hand, respondent counters that although the Local Civil
THE REQUIREMENTS OF RULES 103 AND 108 OF THE RULES OF COURT Registrar of Pakil, Laguna was not formally named a party in the Petition
HAVE NOT BEEN COMPLIED WITH; AND, for Correction of Birth Certificate, nonetheless the Local Civil Registrar was
furnished a copy of the Petition, the Order to publish on December 16,
2003 and all pleadings, orders or processes in the course of the
 proceedings,8 respondent is actually a male person and hence his birth the order be published before the hearing at least once a week for three
certificate has to be corrected to reflect his true sex/gender,9 change of sex (3) successive weeks in some newspaper of general circulation published
or gender is allowed under Rule 108,10 and respondent substantially in the province, as the court shall deem best. The date set for the hearing
complied with the requirements of Rules 103 and 108 of the Rules of shall not be within thirty (30) days prior to an election nor within four (4)
Court.11 months after the last publication of the notice.

Rules 103 and 108 of the Rules of Court provide: Sec. 4. Hearing. – Any interested person may appear at the hearing and
oppose the petition. The Solicitor General or the proper provincial or city
Rule 103 fiscal shall appear on behalf of the Government of the Republic.

CHANGE OF NAME Sec. 5. Judgment. – Upon satisfactory proof in open court on the date
fixed in the order that such order has been published as directed and that
Section 1. Venue. – A person desiring to change his name shall present the the allegations of the petition are true, the court shall, if proper and
petition to the Regional Trial Court of the province in which he resides, [or, reasonable cause appears for changing the name of the petitioner,
in the City of Manila, to the Juvenile and Domestic Relations Court]. adjudge that such name be changed in accordance with the prayer of the
petition.
Sec. 2. Contents of petition. – A petition for change of name shall be
signed and verified by the person desiring his name changed, or some Sec. 6. Service of judgment. – Judgments or orders rendered in connection
other person on his behalf, and shall set forth: with this rule shall be furnished the civil registrar of the municipality or
city where the court issuing the same is situated, who shall forthwith
(a) That the petitioner has been a bona fide resident of the province enter the same in the civil register.
where the petition is filed for at least three (3) years prior to the date of
such filing; Rule 108

(b) The cause for which the change of the petitioner's name is sought; CANCELLATION OR CORRECTION OF ENTRIES

(c) The name asked for. IN THE CIVIL REGISTRY

Sec. 3. Order for hearing. – If the petition filed is sufficient in form and Section 1. Who may file petition. – Any person interested in any act, event,
substance, the court, by an order reciting the purpose of the petition, shall order or decree concerning the civil status of persons which has been
fix a date and place for the hearing thereof, and shall direct that a copy of recorded in the civil register, may file a verified petition for the
cancellation or correction of any entry relating thereto, with the Regional Sec. 6. Expediting proceedings. – The court in which the proceedings is
Trial Court of the province where the corresponding civil registry is brought may make orders expediting the proceedings, and may also grant
located. preliminary injunction for the preservation of the rights of the parties
pending such proceedings.
Sec. 2. Entries subject to cancellation or correction. – Upon good and valid
grounds, the following entries in the civil register may be cancelled or Sec. 7. Order. – After hearing, the court may either dismiss the petition or
corrected: (a) births; (b) marriages; (c) deaths; (d) legal separations; (e) issue an order granting the cancellation or correction prayed for. In either
judgments of annulments of marriage; (f) judgments declaring marriages case, a certified copy of the judgment shall be served upon the civil
void from the beginning; (g) legitimations; (h) adoptions; (i) registrar concerned who shall annotate the same in his record.
acknowledgments of natural children; (j) naturalization; (k) election, loss
or recovery of citizenship; (l) civil interdiction; (m) judicial determination The OSG argues that the petition below is fatally defective for non-
of filiation; (n) voluntary emancipation of a minor; and (o) changes of compliance with Rules 103 and 108 of the Rules of Court because
name. respondent’s petition did not implead the local civil registrar. Section 3,
Rule 108 provides that the civil registrar and all persons who have or claim
Sec. 3. Parties. – When cancellation or correction of an entry in the civil any interest which would be affected thereby shall be made parties to the
register is sought, the civil registrar and all persons who have or claim any proceedings. Likewise, the local civil registrar is required to be made a
interest which would be affected thereby shall be made parties to the party in a proceeding for the correction of name in the civil registry. He is
proceeding. an indispensable party without whom no final determination of the case
can be had.[12] Unless all possible indispensable parties were duly
Sec. 4. Notice and publication. – Upon the filing of the petition, the court notified of the proceedings, the same shall be considered as falling much
shall, by an order, fix the time and place for the hearing of the same, and too short of the requirements of the rules.13 The corresponding petition
cause reasonable notice thereof to be given to the persons named in the should also implead as respondents the civil registrar and all other
petition. The court shall also cause the order to be published once a week persons who may have or may claim to have any interest that would be
for three (3) consecutive weeks in a newspaper of general circulation in affected thereby.14 Respondent, however, invokes Section 6,[15] Rule 1 of
the province. the Rules of Court which states that courts shall construe the Rules
liberally to promote their objectives of securing to the parties a just,
Sec. 5. Opposition. – The civil registrar and any person having or claiming speedy and inexpensive disposition of the matters brought before it. We
any interest under the entry whose cancellation or correction is sought agree that there is substantial compliance with Rule 108 when respondent
may, within fifteen (15) days from notice of the petition, or from the last furnished a copy of the petition to the local civil registrar.
date of publication of such notice, file his opposition thereto.
The determination of a person’s sex appearing in his birth certificate is a
 legal issue and the court must look to the statutes. In this connection, (7) legitimations; (8) adoptions; (9) acknowledgments of natural children;
Article 412 of the Civil Code provides: (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil
interdiction; (14) judicial determination of filiation; (15) voluntary
ART. 412. No entry in a civil register shall be changed or corrected without emancipation of a minor; and (16) changes of name.
a judicial order.
The acts, events or factual errors contemplated under Article 407 of the
Together with Article 376[16] of the Civil Code, this provision was Civil Code include even those that occur after birth.20
amended by Republic Act No. 9048[17] in so far as clerical or
typographical errors are involved. The correction or change of such Respondent undisputedly has CAH. This condition causes the early or
matters can now be made through administrative proceedings and "inappropriate" appearance of male characteristics. A person, like
without the need for a judicial order. In effect, Rep. Act No. 9048 removed respondent, with this condition produces too much androgen, a male
from the ambit of Rule 108 of the Rules of Court the correction of such hormone. A newborn who has XX chromosomes coupled with CAH usually
errors. Rule 108 now applies only to substantial changes and corrections has a (1) swollen clitoris with the urethral opening at the base, an
in entries in the civil register.18 ambiguous genitalia often appearing more male than female; (2) normal
internal structures of the female reproductive tract such as the ovaries,
Under Rep. Act No. 9048, a correction in the civil registry involving the uterus and fallopian tubes; as the child grows older, some features start to
change of sex is not a mere clerical or typographical error. It is a appear male, such as deepening of the voice, facial hair, and failure to
substantial change for which the applicable procedure is Rule 108 of the menstruate at puberty. About 1 in 10,000 to 18,000 children are born with
Rules of Court.19 CAH.

The entries envisaged in Article 412 of the Civil Code and correctable CAH is one of many conditions[21] that involve intersex anatomy. During
under Rule 108 of the Rules of Court are those provided in Articles 407 the twentieth century, medicine adopted the term "intersexuality" to
and 408 of the Civil Code: apply to human beings who cannot be classified as either male or female.
[22] The term is now of widespread use. According to Wikipedia,
ART. 407. Acts, events and judicial decrees concerning the civil status of intersexuality "is the state of a living thing of a gonochoristic species
persons shall be recorded in the civil register. whose sex chromosomes, genitalia, and/or secondary sex characteristics
are determined to be neither exclusively male nor female. An organism
ART. 408. The following shall be entered in the civil register: with intersex may have biological characteristics of both male and female
sexes."
(1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments
of marriage; (6) judgments declaring marriages void from the beginning; Intersex individuals are treated in different ways by different cultures. In
 most societies, intersex individuals have been expected to conform to hormones (androgen). As a result, respondent has ambiguous genitalia
either a male or female gender role.[23] Since the rise of modern medical and the phenotypic features of a male.
science in Western societies, some intersex people with ambiguous
external genitalia have had their genitalia surgically modified to resemble Ultimately, we are of the view that where the person is biologically or
either male or female genitals.[24] More commonly, an intersex individual naturally intersex the determining factor in his gender classification would
is considered as suffering from a "disorder" which is almost always be what the individual, like respondent, having reached the age of
recommended to be treated, whether by surgery and/or by taking lifetime majority, with good reason thinks of his/her sex. Respondent here thinks
medication in order to mold the individual as neatly as possible into the of himself as a male and considering that his body produces high levels of
category of either male or female. male hormones (androgen) there is preponderant biological support for
considering him as being male. Sexual development in cases of intersex
In deciding this case, we consider the compassionate calls for recognition persons makes the gender classification at birth inconclusive. It is at
of the various degrees of intersex as variations which should not be maturity that the gender of such persons, like respondent, is fixed.
subject to outright denial. "It has been suggested that there is some
middle ground between the sexes, a ‘no-man’s land’ for those individuals Respondent here has simply let nature take its course and has not taken
who are neither truly ‘male’ nor truly ‘female’."[25] The current state of unnatural steps to arrest or interfere with what he was born with. And
Philippine statutes apparently compels that a person be classified either accordingly, he has already ordered his life to that of a male. Respondent
as a male or as a female, but this Court is not controlled by mere could have undergone treatment and taken steps, like taking lifelong
appearances when nature itself fundamentally negates such rigid medication,[26] to force his body into the categorical mold of a female but
classification. he did not. He chose not to do so. Nature has instead taken its due course
in respondent’s development to reveal more fully his male characteristics.
In the instant case, if we determine respondent to be a female, then there
is no basis for a change in the birth certificate entry for gender. But if we In the absence of a law on the matter, the Court will not dictate on
determine, based on medical testimony and scientific development respondent concerning a matter so innately private as one’s sexuality and
showing the respondent to be other than female, then a change in the lifestyle preferences, much less on whether or not to undergo medical
treatment to reverse the male tendency due to CAH. The Court will not
subject’s birth certificate entry is in order. consider respondent as having erred in not choosing to undergo treatment
in order to become or remain as a female. Neither will the Court force
Biologically, nature endowed respondent with a mixed (neither respondent to undergo treatment and to take medication in order to fit
consistently and categorically female nor consistently and categorically the mold of a female, as society commonly currently knows this gender of
male) composition. Respondent has female (XX) chromosomes. However, the human species. Respondent is the one who has to live with his
respondent’s body system naturally produces high levels of male intersex anatomy. To him belongs the human right to the pursuit of
happiness and of health. Thus, to him should belong the primordial choice SO ORDERED.
of what courses of action to take along the path of his sexual development
and maturation. In the absence of evidence that respondent is an
"incompetent"[27] and in the absence of evidence to show that classifying
respondent as a male will harm other members of society who are equally
entitled to protection under the law, the Court affirms as valid and
justified the respondent’s position and his personal judgment of being a
male.

In so ruling we do no more than give respect to (1) the diversity of nature;

and (2) how an individual deals with what nature has handed out. In other
words, we respect respondent’s congenital condition and his mature
decision to be a male. Life is already difficult for the ordinary person. We G.R. No. 121176 July 8, 1999
cannot but respect how respondent deals with his unordinary state and
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
thus help make his life easier, considering the unique circumstances in this vs.
case. MARLON PARAZO Y FRANCISCO, accused-appellant.

As for respondent’s change of name under Rule 103, this Court has held RESOLUTION
that a change of name is not a matter of right but of judicial discretion, to
be exercised in the light of the reasons adduced and the consequences  
that will follow.[28] The trial court’s grant of respondent’s change of name
PURISIMA, J.:
from Jennifer to Jeff implies a change of a feminine name to a masculine
name. Considering the consequence that respondent’s change of name This case was docketed on November 27, 1995, upon the elevation for automatic review
merely recognizes his preferred gender, we find merit in respondent’s of Criminal Case Nos. 6167 and 6168, for rape and frustrated homicide, from Branch 27,
change of name. Such a change will conform with the change of the entry Regional Trial Court, Cabanatuan City, which imposed on accused-appellant Marlon
in his birth certificate from female to male. Paraza y Francisco the supreme penalty of death.

On May 14, 1997, this Court handed down a Decision,   affirming with modification
1

WHEREFORE, the Republic’s petition is DENIED. The Decision dated subject Joint Decision of Branch 27 of the Regional Trial Court of Nueva Ecija, in
January 12, 2005 of the Regional Trial Court, Branch 33 of Siniloan, Criminal Case Nos. 6167 and 6168, disposing as follows:
Laguna, is AFFIRMED. No pronouncement as to costs.
 WHEREFORE, the joint decision appealed from dated March 24, 1995, is dated July 29, 1998 and March 5, 1999, respectively, on the mental, neurologic and
hereby AFFIRMED with respect to Crim. Case No. 6167, and accused otolaryngologic examination and evaluation of appellant.
Marlon Parazo y Francisco is found guilty of the crime of rape under
Section 11 of Republic Act No. 7659 amending Article 335 of the Revised On July 20, 1998, the appellant was examined, on the basis of which examination SC
Penal Code, with the aggravating circumstance of dwelling, and is Medical Services Psychologist III Beatriz O. Cruz came out with the following findings
sentenced to the penalty of death, with two (2) members of the Court, and general observation, to wit:
however, voting to impose reclusion perpetua.
GENERAL OBSERVATION AND TEST BEHAVIOR:
The decision appealed from with respect to Crim. Case No. 6168, for
frustrated homicide is MODIFIED in that the accused is sentenced to xxx xxx xxx
suffer the indeterminate penalty of six (6) years of prision correccional as
minimum penalty to twelve (12) years of prision mayor maximum, as
An encounter with this person revealed him to have an average physique
maximum penalty.
and height, with fair complexion and somewhat curly hair. Throughout the
testing session he was in a pensive mood. Doubt and an agitated
In accordance with Section 25 of Republic Act No. 7659 amending Article appearance was written all over his face particularly when he struggled to
83 of the Revised Penal Code, upon finality of this decision, let the say something, but which ideas could not get across. One security
records of this case be forthwith forwarded to the Office of the President officer, Mr. Gutierrez, came to our aid and communicated to Mr. Parazo
for possible exercise of the pardoning power. through sign language to comprehend and answer the question being
asked [what he was guilty of]. When he could not understand it, we wrote
SO ORDERED. the question in tagalog in the paper and to our surprise he could not even
read. However thru some efforts made he was able to utter "rep" [rape].
On May 29, 1997, appellant interposed the Motion for Reconsideration under
consideration, bringing to the attention of the Court facts and circumstances, such as the Another inmate whom they call "mayor" [he is the leader of the group]
absence of a sign language expert, which if true would warrant the setting aside of his and another close friend of Mr. Parazo where (sic) called in to provide
judgment of conviction. help to the examiner. And with difficulties being experienced by the
undersigned in giving instructions in gestures, he was able to draw the
On February 10, 1998, the Court resolved   to grant appellant's Urgent Omnibus Motion:
2
geometric figures and a person, respectively. Hand tremor was
(1) to hold in abeyance consideration of his motion for reconsideration pending his noticeable [Mr. Parazo is left handed]. With the help of mayor, an attempt
medical examination; (2) to allow a supplemental motion for reconsideration after his was further made by the examiner to show him the ink blot test, counting
medical examination; and (3) to submit him (appellant) for examination by a physician of on the idea that the examiner might get something out of his responses
the Supreme Court. Subsequently, or on January 19, 1999, to precise, appellant was to the task just like in the previous paper and pencil test. But our efforts
allowed to be brought to the UP-PGH Medical Center, with appropriate escorts, to proved futile at this time. No amount of gestures could make him
undergo the necessary neurologic and otolaryngologic evaluation and work-up.  3
comprehend the instructions given. It was during this time that he was
able to verbalize "dilam" in high pitched, cracking voice which the
In compliance with the said resolution of the Court, Dr. Rosa Mendoza, Senior Chief Staff undersigned took for "di alam" [I don't know]. The examiner did not go
Officer of the Supreme Court Clinic Services, submitted two (2) Memorandum Reports, further from this point hence, the termination of test administration.
1âwphi1.nêt
 TESTS ADMINISTERED: This mental retardation could be secondary to an inherent defect in the
brain or secondary to the sensory deprivation [deafness], which connotes
Bender Visual Motor Gestalt Test a substantial limitation in intellectual and adaptive functioning. (emphasis
ours)
Good enough Figure Drawing Test
Appellant was then examined at the UP-PGH Medical Center, and the Memorandum
TESTS RESULT & DISCUSSION: Report of Dr. Rosa Mendoza, dated March 5, 1994, summarized the findings of the UP-
PGH Medical Center as follows:
The results of the paper and pencil test reveal that Mr. Parazo's
intelligence function based on the Goodenough is gauged on the Mild to Quoted hereunder are the report on the test conducted:
Moderate degree of Mental Retardation with an estimated IQ of 60. His
mental age on the other hand, is equivalent to 7 years and 9 months. Ma. Luz S. Casimiro-Querubin, MD, DPBP, Psychiatrist, Department of
Psychiatry and Behavioral Medicine, College of Medicine and Philippine
Further, signs of regressive features and distortion of the gestalt figures General Hospital, Manila in her Psychiatric Assessment Report, stated
are manifested with strong indication of impulsive behavior. His inability that:
to reproduce from memory the same figures was noteworthy. His writing
output is unsteady that gives an inkling of difficulty in the motor area. On the day of assessment, Mr. Parazo was seen sitting
on the examining table. His hands were cuffed in front of
The above clinical findings are typical reproduction of a person with him. He was feeding himself a sandwich. He was
history of neurological dysfunction as maybe true in the case of Mr. appropriately groomed. He wore the orange bilibid prison
Parazo who is deaf. It cannot be discounted also that his intellectual and uniform with denim jeans and rubber shoes. He appeared
psychological deficiencies are not only based on organic brain pathology tired and fearful. His mood was generally anxious and his
but primarily on the basis of mental retardation which impedes the affect was appropriate to the situation. When approached,
effective use of whatever abilities he does have and which renders him Mr. Parazo would look down but would glance at the
psychologically incompetent to comprehend fully the significance of the examiner after a few seconds. He was unable to follow
acts he commits.   (emphasis ours)
4 simple instructions initially and was able to do so only
after much coaxing from those around him and repeated
demonstrations of the task he was being asked to do. He
In connection therewith, there was presented the Memorandum Report of July 29, 1998,
was unable to read. The only thing he could write is his
stating thus:
name. Mr. Parazo was able to copy simple patters (sic)
but could not participate in any verbal assessment
Based on the foregoing, it appears that the problem of appellant Marlon procedure. His thought content, thought process and flow
Parazo is the severe hearing defect or deafness. The presence of an of ideas could not be determined because of his inability
organic disorder cannot be determined because of the latter's inability to to speak. (Emphasis supplied). He was able to maintain
communicate. However, some degree of mental retardation was good eye contact. The client remained calm during the
gathered with the use of "Paper and Pencil Test." His mental age is assessment procedure. It was evident that he felt
seven (7) years and nine (9) months. His Intelligence Quotient (IQ) is 60. insecure with the manipulative tasks he was presented
 with. Initially, Mr. Parazo appeared resistant to the the performance scale, which taps the non-verbal
examiner but he eventually warmed. intelligence).

Throughout the examination, Mr. Parazo sought for xxx xxx xxx
encouragement by looking at the examiner after each and
every task. He worked quietly, exerted obvious efforts to Performance Prorated Scale Score: 23
perform well and was visibly careful in trying not to
commit mistakes. It was only when he was signaled that Performance IQ: 65+9
he could use both hands that Mr. Parazo did so. His
behavior was consistent throughout the period of the
Mean Test-Age: 8 years, 5 months
examination.
Impressions
The above behavioral description strongly supports the
fact that Mr. Marlon Parazo is indeed hearing impaired
and suffers from mental retardation. He is unable to Given his sensory impairment and limited educational
understand both written and spoken language, needs background, M.P. Fared poorly in this intelligence test for
repetitive sign language instructions and demonstration to children and has been assessed to be within mild mental
understand the task he was being asked to do. deficiency to borderline range of intellectual functioning.

Meredith F. Castro, MA, Psychologist, PGH, Manila, on the other hand, Charlotte M. Chiong, M.D., Otology, Neurotology, Neurotologic Skull
supported the assessment findings of Dra. Ma. Luz C. Querubin and Base Surgery, Diplomate, Philippine Board of Otolaryngology-Head and
reported as follows: Neck Surgery, PGH certified that:

Psychological Evaluation Report Summary I examined Mr. Marlon Parazo, 28-year-old death convict
last February 3, 1999. Brainstem auditory evoked
response audiometry was done and with 2000 click
xxx xxx xxx
stimuli no wave responses were gerated in the left
suggestive of profound hearing loss in that ear. In the
Measure right ear there was a response 80 db click
intensities suggestive of a severe hearing loss. Puretone
Wechsler Intelligence Scale for Children-Rev. (WISC-R), Audiometry was done and patient was also noted to have
Performance Scale. (This is a comprehensive test of bilateral profound hearing loss. Speech Testing could not
intelligence that measures both verbal and non-verbal be done due to severity of hearing loss. From my
aspects and is intended for children aged 6-16 years old evaluation Mr. Marlon Parazo has a severe disability and
and for adults suspected of mental deficiency. It is could not possibly understand conversational speech
composed of two scales that can be administered without powerful amplification such as a hearing aid.
separately. Given the examinee's sensory impairment and (Emphasis supplied).
absence of speech, this present assessment used only
For her part, Dr. Grace O. Orteza, MA, MD, FPNA, Section of Neurology, Based on the collateral information's (sic) gathered from persons who
Department of Medicine, UP-PGH, Manila, in her Assessment stated that have known the patient since childhood, together with the results of the
. . . there are no significant neurologic findings aside from the diagnostic test at UP-PGH and evidenced by the psychological report, it
manifest deafness and muteness of patient. is now established that Marlon Parazo is suffering from (1) Profound
Hearing Loss, left ear; (2) Severe Hearing Loss, right ear; (3) Mental
To corroborate the medical findings of the Medical Team from the Retardation, Mild.
Philippine General Hospital, we conducted an on-the-spot gathering of
vital information's on the physical infirmities of Marlon Parazo to The American Association of Mental Deficiency and the Fourth Edition of
determine whether the same is congenital or acquired. Diagnostic and Statistical/Manual of Mental Disorder enumerated the
Diagnostic Criteria for Mental Retardation as follows:
Mrs. Eufrocina "Zenaida" Francisco, the mother of Marlon admitted that
her son was born deaf and mute. Their day to day communications relied 1. Significantly sub-average intellectual
simply by a pat at the back, a tap on the lap or sometimes by the very functioning: an IQ. of approximately 70 or
basic sign language that could best convey the message to him. He below on an individually administered IQ.
never had any formal education. Medical intervention, according to her, test.
never crossed her mind because of their poverty. If food, which is a very
basic need is already a problem how much more with medications. 2. Concurrent deficits or impairments in
present adaptive functioning (i.e., the
The Barangay Chairman of Caimito, Palayan City, Mr. Antonio Sebastian, person's effectiveness in meeting the
on the other hand, claims that he has known Marlon since childhood. In standards expected for his or her age by
the locality he was branded as "Pipi" because of his inability to his or her cultural group) in at least two of
communicate. Nothing significant was noted in his childhood days. It was the following skill areas: communication,
only when he was about his late teens that he was involved in petty theft. self-care, home-living, social/interpersonal
skills, use of community resources, self-
An interview with Mrs. Juliana Baltazar, a retired school teacher, likewise direction, functional academic skills, work,
strengthened the fact that Marlon was deaf and mute. Marlon, according leisure, health and safety).
to her, never actively participated in class though his enthusiasm to learn
was present. He never completed a Grade I full school term, even on a 3. Onset before age of 18.
"sit in basis" since he and his sister were forced to drop from the class
during the harvest season to earn a living. xxx xxx xxx

The Department of Social Welfare and Development, Field Office, During the tympanovactic examination, the intense sound given to ear of
Palayan City, on the other hand added the information that since 1975 the patient that is above the normal hearing threshold will elicit facial and
Marlon was a beneficiary of their projects relative to "Persons with neck contraction of the muscle, which this patient (Marlon) did not
Disability." During his early childhood, he was an active participant of manifest. Instead, he continued staring blatantly [blankly] at the roof of
their project. As he grew older however, he did not anymore bother to the room.
visit their office.
 For her part, Dra. Querubin elucidated that given the physical infirmities to defend himself. Not even the accused's final plea of not guilty can
coupled with mental retardation there is no way that Marlon can excuse these inherently unjust circumstances.
determine the propriety of his actions. Perhaps, it would have been
different if he had a formal education and given the opportunity to The absence of a qualified interpreter in sign language and of any other
communicate effectively through the sign language. He, however is in a means, whether in writing or otherwise, to inform the accused of the
situation where due to immense poverty never had a chance to improve charges against him denied the accused his fundamental right to due
his lot. process of law. The accuracy and fairness of the factual process by
which the guilt or innocence of the accused was determined was not
In conclusion, as per Resolution of the Court En Banc, the undersigned safeguarded. The accused could not be said to have enjoyed the right to
[Rosa J. Mendoza, M.D.] conducted hand in hand with Dr. Charlotte M. be heard by himself and counsel, and to be informed of the nature and
Chiong, in the medical evaluation of Mr. Marlon Parazo, together with the cause of the accusation against him in the proceedings where his life and
panel of Medical Specialist of UP-PGH, the S.C. Medical Team and the liberty were at stake.
lawyer representative from the Office of the Court Administrator, it is our
unanimous opinion that Mr. Marlon Parazo is deaf and mute with mental All the foregoing studiedly considered, the court is of the irresistible conclusion that
retardation mild. movant richly deserves a re-arraignment and re-trial, to the end that only upon proof of
guilt beyond reasonable doubt may he be consigned to the lethal injection chamber.
The affidavits   of Rev. Fr. Roberto A. Olaguer, the National Bilibid Prisons Chaplain, and
5

Rev. Fr. Roy Rolando L. Cosca, S.J., Executive Director of Philippine Jesuit Prison WHEREFORE, the Decision of this Court promulgated on May 14, 1997 is VACATED,
Service, state that appellant is a deaf-mute. The results of medical examinations the Joint Decision rendered by Branch 27 of the Regional Trial Court of Nueva Ecija in
conducted on appellant also indicate that appellant is really a deaf-mute, a mental Criminal Case Nos. 6167 and 6168 is SET ASIDE; and appellant is hereby GRANTED a
retardate, whose mental age is only seven (7) years and nine (9) months, and with low RE-ARRAIGNMENT and RE-TRIAL, with the assistance of counsel and a competent
IQ of 60 only. sign language expert, before the Executive Judge of the Regional Trial Court of
Muntinlupa City.1âwphi1.nêt

Records on hand show that appellant was tried below without the benefit of a sign
language expert. The fact that he was "helped and assisted by a person who has been SO ORDERED.
known to him since 1983", as noted by the trial court of origin and appearing on page 6
of the transcript of stenographic notes for February 8, 1995, is of no moment, absent any
clear showing that appellant was aided by a competent sign language expert able to fully
understand and interpret the actions and mutterings of appellant.

As held in People v. Crisologo  : 6

The absence of an interpreter in sign language who could have conveyed

to the accused a deaf-mute, the full facts of the offense with which he
was charged and who could also have communicated the accused's own
version of the circumstances which led to his implication in the crime,
deprived the accused of a full and fair trial and a reasonable opportunity
 In the morning of that fateful day, Roselyn's mother, Esmeralda, was in their
house taking care of Roselyn's younger sister who was sick at the time (Ibid., p.
3). Her younger brother, on the other hand, was playing on the ground near their
house (Ibid., p. 4). Appellant Edgardo Aquino (who was their neighbor) arrived,
looking for their father. Both Roselyn and her mother informed Edgardo that
Valerio, Roselyn's father, was in Olongapo (Ibid., p. 5).

Unsatisfied with their answer, Edgardo (who was near the door at the time)
peeped in their house and when he did not see Valerio, pulled out his knife.
Initially, he tried to stab Roselyn's younger brother. When Roselyn and her
mother saw this, they rushed towards the younger boy in an attempt to protect
him (Ibid). When Edgardo saw their reaction, Edgardo stepped inside their
house, eager to vent his ire on Roselyn, intending to stab her. Roselyn's mother
pulled her aside, shouting. Edgardo went for her mother who tried valiantly to
evade his thrust as she was then carrying Roselyn's sick younger sister. Roselyn
saw Edgardo repeatedly stab her mother in the latter's stomach and chest
areas. . . . Out of fear, Roselyn managed to destroy their nipa wall and jumped
G.R. No. 128887 January 20, 2000 out of their house. Despite her shouts for help, no help came (Ibid., pp. 6-7).

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, At about the same time also, Benjamin Costimiano, a purok leader, was in his
vs. house when he heard some kind of shouting or commotion. Being
EDGARDO AQUINO Y PUMAWAN @ "EDDIE AQUINO," accused-appellant. a purok leader, he went to the place of incident and saw the victim (tsn, August
15, 1996, p. 15). He heard the people there say that the culprit was Edgardo
DAVIDE, JR., C.J.: Aquino (Ibid.). He went after Edgardo and was able to catch up with him in the
house of one Francisco Franco. Benjamin asked Edgardo (who was still armed
Accused-appellant Edgardo Aquino y Pumawan (hereafter EDGARDO) prays for the with a knife at that time) to put down the knife and the latter gave him the knife
reversal of his conviction for murder decreed by the Regional Trial Court, Branch 75, (Ibid., pp. 16-17). Benjamin described the knife used as a double-bladed one,
Olongapo City, in its decision of 30 January 1997 in Criminal Case No. 56-96.
1  and when it was handed to him, the handle still had some blood on it (Ibid., p.
19).
The evidence for the prosecution is summarized by the Office of the Solicitor General
(OSG) in the Appellee's Brief; thus: Dr[]. Nancy Valdez, Medico-legal Officer III of the San Marcelino District Hospital,
testified that she was the one who conducted the autopsy on the cadaver of the
victim. She noted four (4) stab wounds at the xiphoid processes/chest area, two
On January 19, 1996, Roselyn Lampera, daughter of Valerio and Esmeralda
(2) of which were fatal as they penetrated the thoracic cavity, causing lacerations
Lampera was in their house, together with her mother, younger brother Daniel
on the anterior portion of the superior lobe of the left lung (tsn, August 29, 1996,
and younger sister (tsn, July 31, 1996, p. 3). Their house is like a small cubicle
pp. 8-10).
without any partitions, elevated from the ground by about 2 1/2 feet (Ibid., pp. 3-
4).
Valerio Lampera, Esmeralda's husband, declared that the untimely death of Esmeralda him of murder qualified by treachery; and that it also overlooked material facts of
caused him pain and compelled the family to incur expenses in the amount of substance which if considered would be sufficient to acquit him of the crime charged.
P2,500. Daniel Isaac, Esmeralda's 8-year-old son, was likewise psychologically and
2 

emotionally affected by the unexpected demise of his mother. He cried on the witness
3 
EDGARDO argues that no treachery was proved. First, the victim was already
stand when asked of the whereabouts of his mother. forewarned of the danger that would befall her, since EDGARDO initially pointed a knife
at her young son, then tried to stab her daughter but missed. Besides, the attack was
EDGARDO had another story to tell. According to him, Esmeralda's husband was his frontal and expected. Treachery did not automatically attach just because the victim was
business partner in the sale of fish. In the evening of 19 January 1996, he went to the a woman and was holding a child. Second, one of the requisites of treachery, namely
house of the Lamperas to get his capital for the business. He saw Roselyn standing by that "the means of execution was deliberately and consciously adopted," was absent
the stairs of the house and asked her about the whereabouts of her father Valerio. When because the stabbing spree was made at the spur of the moment when EDGARDO was
she informed him that Valerio was not there, he left for the store of Francisco Franco. On enraged with passion and obfuscation or was under the influence of a sudden attack of
his way to the store, he heard shouts coming from the Lampera's house, which he "temporary insanity." Third, to appreciate treachery, the accused must be shown to have
mistook to be just another ordinary fight. He proceeded to Franco's store. Then Benjamin made some preparations to kill the victim. EDGARDO was in the victim's house with a
Costimiano, a purok leader, arrived at the store, carrying with him a knife which, legitimate purpose, i.e., to collect his share of the proceeds of the sale of the night's
according to him, was recovered from inside Esmeralda's house. Benjamin invited catch of fish in the amount of P640; there was no murder in his heart at the precise
EDGARDO to go with him to the Police Department of Subic, Zambales. Upon arrival moment.
thereat Costimiano ordered the detention of EDGARDO allegedly because the latter was
a suspect in the killing of Esmeralda. EDGARDO was detained for two months but was Further, EDGARDO claims that from his warrantless arrest to the custodial interrogation,
not investigated by the police. He could not remember having been brought to the office he was denied his constitutional rights to remain silent and to have an effective counsel. 1âwphi1.nêt

of the Provincial Prosecutor and having given a statement thereat. He insisted that he did
not kill Esmeralda and that the knife presented by the prosecution was not taken from In the Appellee's Brief, the OSG recommends that the judgment appealed from be
him. Besides, he had no reason to kill the wife of his business partner.
4
affirmed in toto. It agrees with the trial court that there was treachery in view of the
sudden and unexpected attack upon the unarmed victim, who had not committed the
The trial court gave credence to the version of the prosecution. It thus found EDGARDO slightest provocation and who was totally unaware of EDGARDO's murderous designs.
guilty beyond reasonable doubt of murder under Article 248 of the Revised Penal Code, Neither the victim nor her children anticipated the attack. EDGARDO did not give any
as amended by Republic Act No. 7659. It held that the killing was attended by the warning that he was about to start a stabbing spree. The victim, then carrying a sick
qualifying circumstance of treachery, since the deceased was carrying a sick child when child, never had the chance to defend herself or to retaliate. All that she managed to do
suddenly attacked. It appreciated in his favor the mitigating circumstance of intoxication was to try to evade EDGARDO's knife blows.
based on the testimony of EDGARDO that he drank liquor on that fateful day while
fishing at sea, which was corroborated by Roselyn's testimony that EDGARDO Anent the third assigned error, the OSG argues that "temporary insanity" is not
had red eyes. This circumstance was, however, offset by the aggravating circumstance recognized in this jurisdiction and that mere abnormality of the mental faculties will not
of dwelling. Since there was no other modifying circumstance established, the trial court exclude imputability. In any case, EDGARDO had the burden of proving his alleged
5 

sentenced EDGARDO to suffer the penalty of reclusion perpetua and to pay the heirs of "temporary insanity," as it is a basic principle in our rules on evidence that he who
the deceased the amounts of P50,000 as indemnity; P50,000 as moral damages; alleges a fact must prove the truth thereof. However, he did not raise this argument
P30,000 as exemplary damages; and P2,500 as actual damages. below, and it is only now that he belatedly raises it.

EDGARDO seasonably appealed to us. In his Appellant's Brief, he contends that the trial
court erred in (a) considering treachery when the same was inexistent and (b) convicting
In light of the positive identification by a credible eyewitness of EDGARDO as the Roselyn's testimony that EDGARDO's eyes were "red" when she saw him. For
perpetrator of the crime, his self-serving denial is worthless. There is no shred of doubt intoxication to be mitigating, the following conditions must be present: (1) the same is not
as to his culpability for the death of Esmeralda. habitual or is not subsequent to the plan of the commission of a felony; otherwise, it is
aggravating if it is habitual and intentional; and (2) the consumption of alcoholic drinks
We do not, however, agree with the trial court that treachery attended the commission of was in such quantity as to blur the accused's reason and deprive him of a certain degree
the crime. For treachery to qualify the killing to murder, the following requisites must of control. In this case, EDGARDO was unable to prove both requisites.
14 

concur: (1) the employment of means of execution that gives the person attacked no
opportunity to defend himself or to retaliate; and (2) the deliberate and conscious Nevertheless, we appreciate in EDGARDO's favor the mitigating circumstance of
adoption of the means of execution. 6
voluntary surrender. Immediately after the incident, when purok leader Benjamin
Costimiano followed him in the house of Francisco Franco, EDGARDO voluntarily gave
In this case, the victim, Esmeralda, was forewarned of the impending attack on her, since the knife to Franco and went with the latter to the Police Headquarters where he was
it was preceded by EDGARDO's attempts to attack her son and daughter. It cannot be forthwith detained. The information against him was filed much later.
said that she was in no position to defend herself; for, in fact, she succeeded in repelling
appellant's aggression against her children. When EDGARDO turned to her, she "tried to The trial court correctly considered the existence of the generic aggravating
evade the thrust" causing her 6-year-old child whom she was carrying to be thrown circumstance of dwelling, since the crime was committed inside the house of the victim,
away. Furthermore, there is no sufficient evidence that the appellant deliberately and
7 
who had not given any provocation. 15

consciously adopted the means of execution employed by him. What is apparent is that
the killing was done impulsively or on the spur of the moment. We do not find merit in EDGARDO's claim that he was arrested without a warrant, was
subjected to custodial interrogation without the assistance of a counsel, and was denied
Anent EDCARDO's claim of the mitigating circumstance of passion or obfuscation, the his right to remain silent and to have an effective counsel. In the first place, there is no
same is bereft of merit because his acts did not result from an impulse arising from lawful clear evidence that he was arrested. On the contrary, he voluntarily turned over his knife
sentiments but from a spirit of lawlessness.8
to purok leader Costimiano and went with the latter to the Police Department, for which
reason we even appreciate in his favor the mitigating circumstance of voluntary
Neither are we persuaded by EDGARDO's plea of "tempory insanity." As the OSG aptly surrender. Second, the records do not disclose that a custodial interrogation of
stated, "temporary insanity" is not recognized in this jurisdiction. Insanity, under Article EDGARDO was made, although a preliminary investigation was conducted by
12 of the Revised Penal Code, connotes that the accused must have been deprived Prosecutor Floresta. 16

completely of reason and freedom of the will at the time of the commission of the
crime, or that he must have acted without the least discernment. Mere abnormality of the
9 
Accordingly, since the killing was not attended by treachery or any other qualifying
accused' mental faculties does not exclude imputability. Moreover, EDGARDO was
10 
circumstance, EDGARDO should be held guilty of homicide only, which is punishable
unable to substantiate his claim. The law presumes every man to be sane. If the accused by reclusion temporal under Article 249 of the Revised Penal Code. The generic
interposes the defense of mental incapacity, the burden of establishing such fact rests aggravating circumstance of dwelling having been offset by the mitigating circumstance
upon him. Insanity must be proved by clear and positive evidence. Finally, EDGARDO
11  12 
of voluntary surrender and there being no other modifying circumstance, the imposable
did not raise this argument below, but only now, obviously as a delayed afterthought. penalty reclusion temporal in its medium period. Applying the Indeterminate Sentence
Law, EDGARDO should be sentenced to suffer an indeterminate penalty of eight (8)
We disagree with the trial court in appreciating in appellant's favor the mitigating years and one (1) day of prision mayor minimum to seventeen (17) years and four (4)
circumstance of intoxication, EDGARDO declared that he drank liquor on the day of the months of reclusion temporal as minimum.
incident in question, and the trial court held that his intoxication was corroborated by
13 
The awards of P50,000 as moral damages and P2,500 as actual damages for burial
expenses incurred by the family of the victim are proper, as they were duly proved. So is
17 

the award of exemplary damages, the crime having been committed with one
aggravating circumstance. 18

WHEREFORE, the challenged decision of Branch 75 of the Regional Trial Court of

Olongapo City in Criminal Case No. 56-96 is MODIFIED. As modified, accused-appellant
EDGARDO AQUINO y PUMAWAN is found guilty beyond reasonable doubt, as principal,
of the crime of homicide, defined and penalized under Article 249 of the Revised Penal
Code, and is hereby sentenced to suffer an indeterminate penalty ranging from eight (8)
years and one (1) day of prision mayor as minimum to seventeen (17) years and four (4)
months of reclusion temporal as maximum. The awards of P50,000 as indemnity,
P50,000 as moral damages, P30,000 as exemplary damages, and P2,500 as actual
damages stand. 1âwphi1.nêt

Costs against accused-appellant.

SO ORDERED.

G.R. No. 155800             March 10, 2006

LEONILO ANTONIO Petitioner,
vs.
MARIE IVONNE F. REYES, Respondent.

DECISION

TINGA, J.:

Statistics never lie, but lovers often do, quipped a sage. This sad truth has unsettled
many a love transformed into matrimony. Any sort of deception between spouses, no
matter the gravity, is always disquieting. Deceit to the depth and breadth unveiled in the
following pages, dark and irrational as in the modern noir tale, dims any trace of certitude
on the guilty spouse’s capability to fulfill the marital obligations even more.

The Petition for Review on Certiorari assails the Decision1 and Resolution2 of the Court of

Appeals dated 29 November 2001 and 24 October 2002. The Court of Appeals had
reversed the judgment3 of the Regional Trial Court (RTC) of Makati declaring the her alleged singing activities with the group. In the same vein, she postulated that a
marriage of Leonilo N. Antonio (petitioner) and Marie Ivonne F. Reyes (respondent), null luncheon show was held at the Philippine Village Hotel in her honor and even presented
and void. After careful consideration, we reverse and affirm instead the trial court. an invitation to that effect14 but petitioner discovered per certification by the Director of
Sales of said hotel that no such occasion had taken place.15
Antecedent Facts
(5) She invented friends named Babes Santos and Via Marquez, and under those
Petitioner and respondent met in August 1989 when petitioner was 26 years old and names, sent lengthy letters to petitioner claiming to be from Blackgold and touting her as
respondent was 36 years of age. Barely a year after their first meeting, they got married the "number one moneymaker" in the commercial industry worth P2 million.16 Petitioner
before a minister of the Gospel4 at the Manila City Hall, and through a subsequent church later found out that respondent herself was the one who wrote and sent the letters to him
wedding5 at the Sta. Rosa de Lima Parish, Bagong Ilog, Pasig, Metro Manila on 6 when she admitted the truth in one of their quarrels.17 He likewise realized that Babes
December 1990.6 Out of their union, a child was born on 19 April 1991, who sadly died SanLtos and Via Marquez were only figments of her imagination when he discovered
five (5) months later. they were not known in or connected with Blackgold.18

On 8 March 1993,7 petitioner filed a petition to have his marriage to respondent declared (6) She represented herself as a person of greater means, thus, she altered her payslip
null and void. He anchored his petition for nullity on Article 36 of the Family Code to make it appear that she earned a higher income. She bought a sala set from a public
alleging that respondent was psychologically incapacitated to comply with the essential market but told petitioner that she acquired it from a famous furniture dealer.19 She spent
obligations of marriage. He asserted that respondent’s incapacity existed at the time their lavishly on unnecessary items and ended up borrowing money from other people on
marriage was celebrated and still subsists up to the present.8 false pretexts.20

As manifestations of respondent’s alleged psychological incapacity, petitioner claimed (7) She exhibited insecurities and jealousies over him to the extent of calling up his
that respondent persistently lied about herself, the people around her, her occupation, officemates to monitor his whereabouts. When he could no longer take her unusual
income, educational attainment and other events or things, 9 to wit: behavior, he separated from her in August 1991. He tried to attempt a reconciliation but
since her behavior did not change, he finally left her for good in November 1991.21
(1) She concealed the fact that she previously gave birth to an illegitimate son,10 and
instead introduced the boy to petitioner as the adopted child of her family. She only In support of his petition, petitioner presented Dr. Dante Herrera Abcede (Dr. Abcede), a
confessed the truth about the boy’s parentage when petitioner learned about it from other psychiatrist, and Dr. Arnulfo V.
sources after their marriage.11
Lopez (Dr. Lopez), a clinical psychologist, who stated, based on the tests they
(2) She fabricated a story that her brother-in-law, Edwin David, attempted to rape and kill conducted, that petitioner was essentially a normal, introspective, shy and conservative
her when in fact, no such incident occurred.12 type of person. On the other hand, they observed that respondent’s persistent and
constant lying
(3) She misrepresented herself as a psychiatrist to her obstetrician, Dr. Consuelo
Gardiner, and told some of her friends that she graduated with a degree in psychology, to petitioner was abnormal or pathological. It undermined the basic relationship that
when she was neither.13 should be based on love, trust and respect.22 They further asserted that respondent’s
extreme jealousy was also pathological. It reached the point of paranoia since there was
(4) She claimed to be a singer or a free-lance voice talent affiliated with Blackgold no actual basis for her to suspect that petitioner was having an affair with another
Recording Company (Blackgold); yet, not a single member of her family ever witnessed
woman. They concluded based on the foregoing that respondent was psychologically In fine, respondent argued that apart from her non-disclosure of a child prior to their
incapacitated to perform her essential marital obligations.23 marriage, the other lies attributed to her by petitioner were mostly hearsay and
unconvincing. Her stance was that the totality of the evidence presented is not sufficient
In opposing the petition, respondent claimed that she performed her marital obligations for a finding of psychological incapacity on her part.32
by attending to all the needs of her husband. She asserted that there was no truth to the
allegation that she fabricated stories, told lies and invented personalities.24 She In addition, respondent presented Dr. Antonio Efren Reyes (Dr. Reyes), a psychiatrist, to
presented her version, thus: refute the allegations anent her psychological condition. Dr. Reyes testified that the
series of tests conducted by his assistant,33 together with the screening procedures and
(1) She concealed her child by another man from petitioner because she was afraid of the Comprehensive Psycho-Pathological Rating Scale (CPRS) he himself conducted, led
losing her husband.25 him to conclude that respondent was not psychologically incapacitated to perform the
essential marital obligations. He postulated that regressive behavior, gross neuroticism,
(2) She told petitioner about David’s attempt to rape and kill her because she surmised psychotic tendencies, and poor control of impulses, which are signs that might point to
such intent from David’s act of touching her back and ogling her from head to foot.26 the presence of disabling trends, were not elicited from respondent.34

(3) She was actually a BS Banking and Finance graduate and had been teaching In rebuttal, Dr. Lopez asseverated that there were flaws in the evaluation conducted by
psychology at the Pasig Catholic School for two (2) years.27 Dr. Reyes as (i) he was not the one who administered and interpreted respondent’s
psychological evaluation, and (ii) he made use of only one instrument called CPRS which
was not reliable because a good liar can fake the results of such test.35
(4) She was a free-lance voice talent of Aris de las Alas, an executive producer of
Channel 9 and she had done three (3) commercials with McCann Erickson for the
advertisement of Coca-cola, Johnson & Johnson, and Traders Royal Bank. She told After trial, the lower court gave credence to petitioner’s evidence and held that
petitioner she was a Blackgold recording artist although she was not under contract with respondent’s propensity to lying about almost anything−her occupation, state of health,
the company, yet she reported to the Blackgold office after office hours. She claimed that singing abilities and her income, among others−had been duly established. According to
a luncheon show was indeed held in her honor at the Philippine Village Hotel on 8 the trial court, respondent’s fantastic ability to invent and fabricate stories and
December 1979.28 personalities enabled her to live in a world of make-believe. This made her
psychologically incapacitated as it rendered her incapable of giving meaning and
significance to her marriage.36 The trial court thus declared the marriage between
(5) She vowed that the letters sent to petitioner were not written by her and the writers
petitioner and respondent null and void.
thereof were not fictitious. Bea Marquez Recto of the Recto political clan was a resident
of the United States while Babes Santos was employed with Saniwares.29
Shortly before the trial court rendered its decision, the Metropolitan Tribunal of the
Archdiocese of Manila annulled the Catholic marriage of the parties, on the ground of
(6) She admitted that she called up an officemate of her husband but averred that she
lack of due discretion on the part of the parties.37 During the pendency of the appeal
merely asked the latter in a diplomatic matter if she was the one asking for chocolates
before the Court of Appeals, the Metropolitan Tribunal’s ruling was affirmed with
from petitioner, and not to monitor her husband’s whereabouts.30
modification by both the National Appellate Matrimonial Tribunal, which held instead that
only respondent was impaired by a lack of due discretion.38 Subsequently, the decision of
(7) She belied the allegation that she spent lavishly as she supported almost ten people the National Appellate Matrimonial Tribunal was upheld by the Roman Rota of the
from her monthly budget of P7,000.00.31 Vatican.39
Petitioner duly alerted the Court of Appeals of these rulings by the Catholic tribunals. nullity, still leave room for a decree of nullity under the proper circumstances. Molina did
Still, the appellate court reversed the RTC’s judgment. While conceding that respondent not foreclose the grant of a decree of nullity under Article 36, even as it raised the bar for
may not have been completely honest with petitioner, the Court of Appeals nevertheless its allowance.
held that the totality of the evidence presented was insufficient to establish respondent’s
psychological incapacity. It declared that the requirements in the case of Republic v. Legal Guides to Understanding Article 36
Court of Appeals40 governing the application and interpretation of psychological
incapacity had not been satisfied. Article 36 of the Family Code states that "[a] marriage contracted by any party who, at
the time of the celebration, was psychologically incapacitated to comply with the
Taking exception to the appellate court’s pronouncement, petitioner elevated the case to essential marital obligations of marriage, shall likewise be void even if such incapacity
this Court. He contends herein that the evidence conclusively establish respondent’s becomes manifest only after its solemnization."50 The concept of psychological incapacity
psychological incapacity. as a ground for nullity of marriage is novel in our body of laws, although mental
incapacity has long been recognized as a ground for the dissolution of a marriage.
In considering the merit of this petition, the Court is heavily influenced by the credence
accorded by the RTC to the factual allegations of petitioner.41 It is a settled principle of The Spanish Civil Code of 1889 prohibited from contracting marriage persons "who are
civil procedure that the conclusions of the trial court regarding the credibility of witnesses not in the full enjoyment of their reason at the time of contracting marriage."51 Marriages
are entitled to great respect from the appellate courts because the trial court had an with such persons were ordained as void,52 in the same class as marriages with
opportunity to observe the demeanor of witnesses while giving testimony which may underage parties and persons already married, among others. A party’s mental capacity
indicate their candor or lack thereof.42 The Court is likewise guided by the fact that the was not a ground for divorce under the Divorce Law of 1917,53 but a marriage where
Court of Appeals did not dispute the veracity of the evidence presented by petitioner. "either party was of unsound mind" at the time of its celebration was cited as an
Instead, the appellate court concluded that such evidence was not sufficient to establish "annullable marriage" under the Marriage Law of 1929.54 Divorce on the ground of a
the psychological incapacity of respondent.43 spouse’s incurable insanity was permitted under the divorce law enacted during the
Japanese occupation.55 Upon the enactment of the Civil Code in 1950, a marriage
Thus, the Court is impelled to accept the factual version of petitioner as the operative contracted by a party of "unsound mind" was classified under Article 85 of the Civil Code
facts. Still, the crucial question remains as to whether the state of facts as presented by as a voidable marriage.56 The mental capacity, or lack thereof, of the marrying spouse
petitioner sufficiently meets the standards set for the declaration of nullity of a marriage was not among the grounds for declaring a marriage void ab initio.57 Similarly, among the
under Article 36 of the Family Code. These standards were definitively laid down in the marriages classified as voidable under Article 45 (2) of the Family Code is one
Court’s 1997 ruling in Republic v. Court of Appeals44 (also known as the Molina case45), contracted by a party of unsound mind.58
and indeed the Court of Appeals cited the Molina guidelines in reversing the RTC in the
case at bar.46 Since Molina was decided in 1997, the Supreme Court has yet to squarely Such cause for the annulment of marriage is recognized as a vice of consent, just like
affirm the declaration of nullity of marriage under Article 36 of the Family Code.47 In fact, insanity impinges on consent freely given which is one of the essential requisites of a
even before Molina was handed down, there was only one case, Chi Ming Tsoi v. Court contract.59 The initial common consensus on psychological incapacity under Article 36 of
of Appeals,48 wherein the Court definitively concluded that a spouse was psychologically the Family Code was that it did not constitute a specie of vice of consent. Justices
incapacitated under Article 36. Sempio-Diy and Caguioa, both members of the Family Code revision committee that
drafted the Code, have opined that psychological incapacity is not a vice of consent, and
This state of jurisprudential affairs may have led to the misperception that the remedy conceded that the spouse may have given free and voluntary consent to a marriage but
afforded by Article 36 of the Family Code is hollow, insofar as the Supreme Court is was nonetheless incapable of fulfilling such rights and obligations.60 Dr. Tolentino
concerned.49 Yet what Molina and the succeeding cases did ordain was a set of likewise stated in the 1990 edition of his commentaries on the Family Code that this
guidelines which, while undoubtedly onerous on the petitioner seeking the declaration of
"psychological incapacity to comply with the essential marital obligations does not affect generis. Rather, the preference of the revision committee was for "the judge to interpret
the consent to the marriage."61 the provision on a case-to-case basis, guided by experience, in the findings of
experts and researchers in psychological disciplines, and by decisions of church
There were initial criticisms of this original understanding of Article 36 as phrased by the tribunals which, although not binding on
Family Code committee. Tolentino opined that "psychologically incapacity to comply
would not be the civil courts, may be given persuasive effect since the provision was taken from
Canon Law."70
juridically different from physical incapacity of consummating the marriage, which makes
the marriage only voidable under Article 45 (5) of the Civil Code x x x [and thus] should We likewise observed in Republic v. Dagdag:71
have been a cause for annulment of the marriage only."62 At the same time, Tolentino
noted "[it] would be different if it were psychological incapacity to understand the Whether or not psychological incapacity exists in a given case calling for annulment of a
essential marital obligations, because then this would amount to lack of consent to the marriage, depends crucially, more than in any field of the law, on the facts of the case.
marriage."63 These concerns though were answered, beginning with Santos v. Court of Each case must be judged, not on the basis of a priori assumptions, predilections or
Appeals,64 wherein the Court, through Justice Vitug, acknowledged that "psychological generalizations but according to its own facts. In regard to psychological incapacity as a
incapacity should refer to no less than a mental (not physical) incapacity that causes a ground for annulment of marriage, it is trite to say that no case is on "all fours" with
party to be truly incognitive of the basic marital covenants that concomitantly must be another case. The trial judge must take pains in examining the factual milieu and the
assumed and discharged by the parties to the marriage."65 appellate court must, as much as possible, avoid substituting its own judgment for that of
the trial court.72
The notion that psychological incapacity pertains to the inability to understand the
obligations of marriage, as opposed to a mere inability to comply with them, was further The Court thus acknowledges that the definition of psychological incapacity, as intended
affirmed in the Molina66 case. Therein, the Court, through then Justice (now Chief by the revision committee, was not cast in intractable specifics. Judicial understanding of
Justice) Panganiban observed that "[t]he evidence [to establish psychological incapacity] psychological incapacity may be informed by evolving standards, taking into account the
must convince the court that the parties, or one of them, was mentally or psychically ill to particulars of each case, current trends in psychological and even canonical thought, and
such extent that the person could not have known the obligations he was assuming, or experience. It is under the auspices of the deliberate ambiguity of the framers that the
knowing them, could not have given valid assumption thereto."67 Jurisprudence since Court has developed the Molina rules, which have been consistently applied since
then has recognized that psychological incapacity "is a malady so grave and permanent 1997. Molina has proven indubitably useful in providing a unitary framework that guides
as to deprive one of awareness of the duties and responsibilities of the matrimonial bond courts in adjudicating petitions for declaration of nullity under Article 36. At the same
one is about to assume."68 time, the Molina guidelines are not set in stone, the clear legislative intent mandating a
case-to-case perception of each situation, and Molina itself arising from this evolutionary
It might seem that this present understanding of psychological incapacity deviates from understanding of Article 36. There is no cause to disavow Molina at present, and indeed
the literal wording of Article 36, with its central phase reading "psychologically the disposition of this case shall rely primarily on that precedent. There is need though to
incapacitated to comply emphasize other perspectives as well which should govern the disposition of petitions for
declaration of nullity under Article 36.
with the essential marital obligations of marriage."69 At the same time, it has been
consistently recognized by this Court that the intent of the Family Code committee was to Of particular notice has been the citation of the Court, first in Santos then in Molina, of
design the law as to allow some resiliency in its application, by avoiding specific the considered opinion of canon law experts in the interpretation of psychological
examples that would limit the applicability of the provision under the principle of ejusdem incapacity. This is but unavoidable, considering that the Family Code committee had
bluntly acknowledged that the concept of psychological incapacity was derived from circumstances warrant, Sections 1 and 2 of Article XV need not be the only constitutional
canon law,73 and as one member admitted, enacted as a solution to the problem of considerations to be taken into account in resolving a petition for declaration of nullity.
marriages already annulled by the Catholic Church but still existent under civil law.74 It
would be disingenuous to disregard the influence of Catholic Church doctrine in the Indeed, Article 36 of the Family Code, in classifying marriages contracted by a
formulation and subsequent understanding of Article 36, and the Court has expressly psychologically incapacitated person as a nullity, should be deemed as an implement of
acknowledged that interpretations given by the National Appellate Matrimonial Tribunal this constitutional protection of marriage. Given the avowed State interest in promoting
of the local Church, while not controlling or decisive, should be given great respect by marriage as the foundation of the family, which in turn serves as the foundation of the
our courts.75 Still, it must be emphasized that the Catholic Church is hardly the sole nation, there is a corresponding interest for the State to defend against marriages ill-
source of influence in the interpretation of Article 36. Even though the concept may have equipped to promote family life. Void ab initio marriages under Article 36 do not further
been derived from canon law, its incorporation into the Family Code and subsequent the initiatives of the State concerning marriage and family, as they promote wedlock
judicial interpretation occurred in wholly secular progression. Indeed, while Church among persons who, for reasons independent of their will, are not capacitated to
thought on psychological incapacity is merely persuasive on the trial courts, judicial understand or comply with the essential obligations of marriage.
decisions of this Court interpreting psychological incapacity are binding on lower courts.76
These are the legal premises that inform us as we decide the present petition.
Now is also opportune time to comment on another common legal guide utilized in the
adjudication of petitions for declaration of nullity under Article 36. All too frequently, this Molina Guidelines As Applied in This Case
Court and lower courts, in denying petitions of the kind, have favorably cited Sections 1
and 2, Article XV of the Constitution, which respectively state that "[t]he State recognizes
As stated earlier, Molina established the guidelines presently recognized in the judicial
the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its
disposition of petitions for nullity under Article 36. The Court has consistently
solidarity and actively promote its total developmen[t]," and that "[m]arriage, as an
applied Molina since its promulgation in 1997, and the guidelines therein operate as the
inviolable social institution, is the foundation of the family and shall be protected by the
general rules. They warrant citation in full:
State." These provisions highlight the importance of the family and the constitutional
protection accorded to the institution of marriage.
1) The burden of proof to show the nullity of the marriage belongs to the plaintiff.
Any doubt should be resolved in favor of the existence and continuation of the
But the Constitution itself does not establish the parameters of state protection to
marriage and against its dissolution and nullity. This is rooted in the fact that both
marriage as a social institution and the foundation of the family. It remains the province
our Constitution and our laws cherish the validity of marriage and unity of the
of the legislature to define all legal aspects of marriage and prescribe the strategy and
family. Thus, our Constitution devotes an entire Article on the Family, recognizing
the modalities to protect it, based on whatever socio-political influences it deems proper,
it "as the foundation of the nation." It decrees marriage as legally "inviolable,"
and subject of course to the qualification that such legislative enactment itself adheres to
thereby protecting it from dissolution at the whim of the parties. Both the family
the Constitution and the Bill of Rights. This being the case, it also falls on the legislature
and marriage are to be "protected"’ by the state.
to put into operation the constitutional provisions that protect marriage and the family.
This has been accomplished at present through the enactment of the Family Code,
which defines marriage and the family, spells out the corresponding legal effects, The Family Code echoes this constitutional edict on marriage and the family and
imposes the limitations that affect married and family life, as well as prescribes the emphasizes their permanence, inviolability and solidarity.
grounds for declaration of nullity and those for legal separation. While it may appear that
the judicial denial of a petition for declaration of nullity is reflective of the constitutional 2) The root cause of the psychological incapacity must be: (a) medically or
mandate to protect marriage, such action in fact merely enforces a statutory definition of clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts
marriage, not a constitutionally ordained decree of what marriage is. Indeed, if and (d) clearly explained in the decision. Article 36 of the Family Code requires
that the incapacity must be psychological–not physical, although its 221 and 225 of the same Code in regard to parents and their children. Such non-
manifestations and/or symptoms may be physical. The evidence must convince complied marital obligation(s) must also be stated in the petition, proven by
the court that the parties, or one of them, was mentally or psychically ill to such evidence and included in the text of the decision.
an extent that the person could not have known the obligations he was
assuming, or knowing them, could not have given valid assumption thereof. 7) Interpretations given by the National Appellate Matrimonial Tribunal of the
Although no example of such incapacity need be given here so as not to limit the Catholic Church in the Philippines, while not controlling or decisive, should be
application of the provision under the principle of ejusdem generis, nevertheless given great respect by our courts. It is clear that Article 36 was taken by the
such root cause must be identified as a psychological illness and its Family Code Revision Committee from Canon 1095 of the New Code of Canon
incapacitating nature fully explained. Expert evidence may be given by qualified Law, which became effective in 1983 and which provides:
psychiatrists and clinical psychologists.
"The following are incapable of contracting marriage: Those who are unable to assume
3) The incapacity must be proven to be existing at "the time of the celebration" of the essential obligations of marriage due to causes of psychological nature."
the marriage. The evidence must show that the illness was existing when the
parties exchanged their "I do’s." The manifestation of the illness need not be Since the purpose of including such provision in our Family Code is to harmonize our
perceivable at such time, but the illness itself must have attached at such civil laws with the religious faith of our people, it stands to reason that to achieve such
moment, or prior thereto. harmonization, great persuasive weight should be given to decisions of such appellate
tribunal. Ideally—subject to our law on evidence—what is decreed as canonically invalid
4) Such incapacity must also be shown to be medically or clinically permanent or should also be decreed civilly void.77
incurable. Such incurability may be absolute or even relative only in regard to the
other spouse, not necessarily absolutely against everyone of the same sex. Molina had provided for an additional requirement that the Solicitor General issue a
Furthermore, such incapacity must be relevant to the assumption of marriage certification stating his reasons for his agreement or opposition to the petition.78 This
obligations, not necessarily to those not related to marriage, like the exercise of a requirement however was dispensed with following the implementation of A.M. No. 02-
profession or employment in a job. Hence, a pediatrician may be effective in 11-10-SC, or the Rule on Declaration of Absolute Nullity of Void Marriages and
diagnosing illnesses of children and prescribing medicine to cure them but not be Annulment of Voidable Marriages.79 Still, Article 48 of the Family Code mandates that the
psychologically capacitated to procreate, bear and raise his/her own children as appearance of the prosecuting attorney or fiscal assigned be on behalf of the State to
an essential obligation of marriage. take steps to prevent collusion between the parties and to take care that evidence is not
fabricated or suppressed. Obviously, collusion is not an issue in this case, considering
5) Such illness must be grave enough to bring about the disability of the party to the consistent vigorous opposition of respondent to the petition for declaration of nullity.
assume the essential obligations of marriage. Thus, "mild characteriological In any event, the fiscal’s participation in the hearings before the trial court is extant from
peculiarities, mood changes, occasional emotional outbursts" cannot be the records of this case.
accepted as root causes. The illness must be shown as downright incapacity or
inability, not a refusal, neglect or difficulty, much less ill will. In other words, there As earlier noted, the factual findings of the RTC are now deemed binding on this Court,
is a natal or supervening disabling factor in the person, an adverse integral owing to the great weight accorded to the opinion of the primary trier of facts, and the
element in the personality structure that effectively incapacitates the person from refusal of the Court of Appeals to dispute the veracity of these facts. As such, it must be
really accepting and thereby complying with the obligations essential to marriage. considered that respondent had consistently lied about many material aspects as to her
character and personality. The question remains whether her pattern of fabrication
6) The essential marital obligations must be those embraced by Articles 68 up to
71 of the Family Code as regards the husband and wife as well as Articles 220,
sufficiently establishes her psychological incapacity, consistent with Article 36 and WITNESS:
generally, the Molina guidelines.
Given that as a fact, which is only based on the affidavit provided to me, I can say that
We find that the present case sufficiently satisfies the guidelines in Molina. there are a couple of things that [are] terribly wrong with the standards. There are a
couple of things that seems (sic) to be repeated over and over again in the affidavit. One
First. Petitioner had sufficiently overcome his burden in proving the psychological of which is the persistent, constant and repeated lying of the "respondent"; which, I think,
incapacity of his spouse. Apart from his own testimony, he presented witnesses who based on assessment of normal behavior of an individual, is abnormal or pathological. x
corroborated his allegations on his wife’s behavior, and certifications from Blackgold xx
Records and the Philippine Village Hotel Pavillon which disputed respondent’s claims
pertinent to her alleged singing career. He also presented two (2) expert witnesses from ATTY. RAZ: (Back to the witness)
the field of psychology who testified that the aberrant behavior of respondent was
tantamount to psychological incapacity. In any event, both courts below considered Q- Would you say then, Mr. witness, that because of these actuations of the respondent
petitioner’s evidence as credible enough. Even the appellate court acknowledged that she is then incapable of performing the basic obligations of her marriage?
respondent was not totally honest with petitioner.80
A- Well, persistent lying violates the respect that one owes towards another. The lack of
As in all civil matters, the petitioner in an action for declaration of nullity under Article 36 concern, the lack of love towards the person, and it is also something that endangers
must be able to establish the cause of action with a preponderance of evidence. human relationship. You see, relationship is based on communication between
However, since the action cannot be considered as a non-public matter between private individuals and what we generally communicate are our thoughts and feelings. But then
parties, but is impressed with State interest, the Family Code likewise requires the when one talks and expresse[s] their feelings, [you] are expected to tell the truth. And
participation of the State, through the prosecuting attorney, fiscal, or Solicitor General, to therefore, if you constantly lie, what do you think is going to happen as far as this
take steps to prevent collusion between the parties and to take care that evidence is not relationship is concerned. Therefore, it undermines that basic relationship that should be
fabricated or suppressed. Thus, even if the petitioner is able establish the psychological based on love, trust and respect.
incapacity of respondent with preponderant evidence, any finding of collusion among the
parties would necessarily negate such proofs. Q- Would you say then, Mr. witness, that due to the behavior of the respondent in
constantly lying and fabricating stories, she is then incapable of performing the basic
Second. The root cause of respondent’s psychological incapacity has been medically or obligations of the marriage?
clinically identified, alleged in the complaint, sufficiently proven by experts, and clearly
explained in the trial court’s decision. The initiatory complaint alleged that respondent, xxx
from the start, had exhibited unusual and abnormal behavior "of peren[n]ially telling lies,
fabricating ridiculous stories, and inventing personalities and situations," of writing letters
ATTY. RAZ: (Back to the witness)
to petitioner using fictitious names, and of lying about her actual occupation, income,
educational attainment, and family background, among others.81
Q- Mr. witness, based on the testimony of Mr. Levy Mendoza, who is the third witness for
the petitioner, testified that the respondent has been calling up the petitioner’s
These allegations, initially characterized in generalities, were further linked to medical or
officemates and ask him (sic) on the activities of the petitioner and ask him on the
clinical causes by expert witnesses from the field of psychology. Petitioner presented two
behavior of the petitioner. And this is specifically stated on page six (6) of the transcript
(2) such witnesses in particular. Dr. Abcede, a psychiatrist who had headed the
of stenographic notes, what can you say about this, Mr. witness?
department of psychiatry of at least two (2) major hospitals,82 testified as follows:
A- If an individual is jealous enough to the point that he is paranoid, which means that been shown clearly from her actuations that respondent has that propensity for telling
there is no actual basis on her suspect (sic) that her husband is having an affair with a lies about almost anything, be it her occupation, her state of health, her singing abilities,
woman, if carried on to the extreme, then that is pathological. That is not abnormal. We her income, etc. She has this fantastic ability to invent and fabricate stories and
all feel jealous, in the same way as we also lie every now and then; but everything that is personalities. She practically lived in a world of make believe making her therefore not in
carried out in extreme is abnormal or pathological. If there is no basis in reality to the fact a position to give meaning and significance to her marriage to petitioner. In persistently
that the husband is having an affair with another woman and if she persistently believes and constantly lying to petitioner, respondent undermined the basic tenets of relationship
that the husband is having an affair with different women, then that is pathological and between spouses that is based on love, trust and respect. As concluded by the
we call that paranoid jealousy. psychiatrist presented by petitioner, such repeated lying is abnormal and pathological
and amounts to psychological incapacity.87
Q- Now, if a person is in paranoid jealousy, would she be considered psychologically
incapacitated to perform the basic obligations of the marriage? Third. Respondent’s psychological incapacity was established to have clearly existed at
the time of and even before the celebration of marriage. She fabricated friends and made
A- Yes, Ma’am.83 up letters from fictitious characters well before she married petitioner. Likewise, she kept
petitioner in the dark about her natural child’s real parentage as she only confessed
The other witness, Dr. Lopez, was presented to establish not only the psychological when the latter had found out the truth after their marriage.
incapacity of respondent, but also the psychological capacity of petitioner. He concluded
that respondent "is [a] pathological liar, that [she continues] to lie [and] she loves to Fourth. The gravity of respondent’s psychological incapacity is sufficient to prove her
fabricate about herself."84 disability to assume the essential obligations of marriage. It is immediately discernible
that the parties had shared only a little over a year of cohabitation before the
These two witnesses based their conclusions of psychological incapacity on the case exasperated petitioner left his wife. Whatever such circumstance speaks of the degree of
record, particularly the trial transcripts of respondent’s testimony, as well as the tolerance of petitioner, it likewise supports the belief that respondent’s psychological
supporting affidavits of petitioner. While these witnesses did not personally examine incapacity, as borne by the record, was so grave in extent that any prolonged marital life
respondent, the Court had already held in Marcos v. Marcos85 that personal examination was dubitable.
of the subject by the physician is not required for the spouse to be declared
psychologically incapacitated.86 We deem the methodology utilized by petitioner’s It should be noted that the lies attributed to respondent were not adopted as false
witnesses as sufficient basis for their medical conclusions. Admittedly, Drs. Abcede and pretenses in order to induce petitioner into marriage. More disturbingly, they indicate a
Lopez’s common conclusion of respondent’s psychological incapacity hinged heavily on failure on the part of respondent to distinguish truth from fiction, or at least abide by the
their own acceptance of petitioner’s version as the true set of facts. However, since the truth. Petitioner’s witnesses and the trial court were emphatic on respondent’s inveterate
trial court itself accepted the veracity of petitioner’s factual premises, there is no cause to proclivity to telling lies and the pathologic nature of her mistruths, which according to
dispute the conclusion of psychological incapacity drawn therefrom by petitioner’s expert them, were revelatory of respondent’s inability to understand and perform the essential
witnesses. obligations of marriage. Indeed, a person unable to distinguish between fantasy and
reality would similarly be unable to comprehend the legal nature of the marital bond,
Also, with the totality of the evidence presented as basis, the trial court explicated its much less its psychic meaning, and the corresponding obligations attached to marriage,
finding of psychological incapacity in its decision in this wise: including parenting. One unable to adhere to reality cannot be expected to adhere as
well to any legal or emotional commitments.
To the mind of the Court, all of the above are indications that respondent is
psychologically incapacitated to perform the essential obligations of marriage. It has The Court of Appeals somehow concluded that since respondent allegedly tried her best
to effect a reconciliation, she had amply exhibited her ability to perform her marital
obligations. We are not convinced. Given the nature of her psychological condition, her by both the National Appellate Matrimonial Tribunal,91 and the Roman Rota of the
willingness to remain in the marriage hardly banishes nay extenuates her lack of capacity Vatican.92 In fact, respondent’s psychological incapacity was considered so grave that a
to fulfill the essential marital obligations. Respondent’s ability to even comprehend what restrictive clause93 was appended to the sentence of nullity prohibiting respondent from
the essential marital obligations are is impaired at best. Considering that the evidence contracting another marriage without the Tribunal’s consent.
convincingly disputes respondent’s ability to adhere to the truth, her avowals as to her
commitment to the marriage cannot be accorded much credence. In its Decision dated 4 June 1995, the National Appellate Matrimonial Tribunal
pronounced:
At this point, it is worth considering Article 45(3) of the Family Code which states that a
marriage may be annulled if the consent of either party was obtained by fraud, and The JURISRPRUDENCE in the Case maintains that matrimonial consent is considered
Article 46 which enumerates the circumstances constituting fraud under the previous ontologically defective and wherefore judicially ineffective when elicited by a Part
article, clarifies that "no other misrepresentation or deceit as to character, health, rank, Contractant in possession and employ of a discretionary judgment faculty with a
fortune or chastity shall constitute such fraud as will give grounds for action for the perceptive vigor markedly inadequate for the practical understanding of the conjugal
annulment of marriage." It would be improper to draw linkages between Covenant or serious impaired from the correct appreciation of the integral significance
misrepresentations made by respondent and the misrepresentations under Articles 45 and implications of the marriage vows.
(3) and 46. The fraud under Article 45(3) vitiates the consent of the spouse who is lied to,
and does not allude to vitiated consent of the lying spouse. In this case, the The FACTS in the Case sufficiently prove with the certitude required by law that based
misrepresentations of respondent point to her own inadequacy to cope with her marital on the depositions of the Partes in Causa and premised on the testimonies of the
obligations, kindred to psychological incapacity under Article 36. Common and Expert Witnesse[s], the Respondent made the marriage option in
tenure of adverse personality constracts that were markedly antithetical to the
Fifth. Respondent is evidently unable to comply with the essential marital obligations as substantive content and implications of the Marriage Covenant, and that seriously
embraced by Articles 68 to 71 of the Family Code. Article 68, in particular, enjoins the undermined the integrality of her matrimonial consent in terms of its deliberative
spouses to live together, observe mutual love, respect and fidelity, and render mutual component. In other words, afflicted with a discretionary faculty impaired in its
help and support. As noted by the trial court, it is difficult to see how an inveterate practico-concrete judgment formation on account of an adverse action and
pathological liar would be able to commit to the basic tenets of relationship between reaction pattern, the Respondent was impaired from eliciting a judicially binding
spouses based on love, trust and respect. matrimonial consent. There is no sufficient evidence in the Case however to prove as
well the fact of grave lack of due discretion on the part of the Petitioner.94
Sixth. The Court of Appeals clearly erred when it failed to take into consideration the fact
that the marriage of the parties was annulled by the Catholic Church. The appellate court Evidently, the conclusion of psychological incapacity was arrived at not only by the trial
apparently deemed this detail totally inconsequential as no reference was made to it court, but also by canonical bodies. Yet, we must clarify the proper import of the Church
anywhere in the assailed decision despite petitioner’s efforts to bring the matter to its rulings annulling the marriage in this case. They hold sway since they are drawn from a
attention.88 Such deliberate ignorance is in contravention of Molina, which held that similar recognition, as the trial court, of the veracity of petitioner’s allegations. Had the
interpretations given by the National Appellate Matrimonial Tribunal of the Catholic trial court instead appreciated respondent’s version as correct, and the appellate court
Church in the Philippines, while not controlling or decisive, should be given great respect affirmed such conclusion, the rulings of the Catholic Church on this matter would have
by our courts. diminished persuasive value. After all, it is the factual findings of the judicial trier of facts,
and not that of the canonical courts, that are accorded significant recognition by this
As noted earlier, the Metropolitan Tribunal of the Archdiocese of Manila decreed the Court.
invalidity of the marriage in question in a Conclusion89 dated 30 March 1995, citing the
"lack of due discretion" on the part of respondent.90 Such decree of nullity was affirmed
Seventh. The final point of contention is the requirement in Molina that such This disquisition is material as Santos was decided months before the trial court came
psychological incapacity be shown to be medically or clinically permanent or incurable. It out with its own ruling that remained silent on whether respondent’s psychological
was on this score that the Court of Appeals reversed the judgment of the trial court, the incapacity was incurable. Certainly, Santos did not clearly mandate that the incurability of
appellate court noting that it did not appear certain that respondent’s condition was the psychological incapacity be established in an action for declaration of nullity. At least,
incurable and that Dr. Abcede did not testify to such effect.95 there was no jurisprudential clarity at the time of the trial of this case and the subsequent
promulgation of the trial court’s decision that required a medical finding of incurability.
Petitioner points out that one month after he and his wife initially separated, he returned Such requisite arose only with Molina in 1997, at a time when this case was on appellate
to her, desiring to make their marriage work. However, respondent’s aberrant behavior review, or after the reception of evidence.
remained unchanged, as she continued to lie, fabricate stories, and maintained her
excessive jealousy. From this fact, he draws the conclusion that respondent’s condition We are aware that in Pesca v. Pesca,102 the Court countered an argument
is incurable. that Molina and Santos should not apply retroactively

From the totality of the evidence, can it be definitively concluded that respondent’s with the observation that the interpretation or construction placed by the courts of a law
condition is incurable? It would seem, at least, that respondent’s psychosis is quite constitutes a part of that law as of the date the statute in enacted.103 Yet we approach this
grave, and a cure thereof a remarkable feat. Certainly, it would have been easier had present case from utterly practical considerations. The requirement that psychological
petitioner’s expert witnesses characterized respondent’s condition as incurable. Instead, incapacity must be shown to be medically or clinically permanent or incurable is one that
they remained silent on whether the psychological incapacity was curable or incurable. necessarily cannot be divined without expert opinion. Clearly in this case, there was no
categorical averment from the expert witnesses that respondent’s psychological
But on careful examination, there was good reason for the experts’ taciturnity on this incapacity was curable or incurable simply because there was no legal necessity yet to
point. elicit such a declaration and the appropriate question was not accordingly propounded to
him. If we apply Pesca without deep reflection, there would be undue prejudice to those
The petitioner’s expert witnesses testified in 1994 and 1995, and the trial court rendered cases tried before Molina or Santos, especially those presently on appellate review,
its decision on 10 August 1995. These events transpired well before Molina was where presumably the respective petitioners and their expert witnesses would not have
promulgated in 1997 and made explicit the requirement that the psychological incapacity seen the need to adduce a diagnosis of incurability. It may hold in those cases, as in this
must be shown to be medically or clinically permanent or incurable. Such requirement case, that the psychological incapacity of a spouse is actually incurable, even if not
was not expressly stated in Article 36 or any other provision of the Family Code. pronounced as such at the trial court level.

On the other hand, the Court in Santos, which was decided in January 1995, began its We stated earlier that Molina is not set in stone, and that the interpretation of Article 36
discussion by first citing the deliberations of the Family Code committee,96 then the relies heavily on a case-to-case perception. It would be insensate to reason to mandate
opinion of canonical scholars,97 before arriving at its formulation of the doctrinal definition in this case an expert medical or clinical diagnosis of incurability, since the parties would
of psychological incapacity.98 Santos did refer to Justice Caguioa’s opinion expressed have had no impelling cause to present evidence to that effect at the time this case was
during the deliberations that "psychological incapacity is incurable,"99 and the view of a tried by the RTC more than ten (10) years ago. From the totality of the evidence, we are
former presiding judge of the Metropolitan Marriage Tribunal of the Archdiocese of sufficiently convinced that the incurability of respondent’s psychological incapacity has
Manila that psychological incapacity must be characterized "by (a) gravity, (b) juridical been established by the petitioner. Any lingering doubts are further dispelled by the fact
antecedence, and (c) incurability."100 However, in formulating the doctrinal rule on that the Catholic Church tribunals, which indubitably consider incurability as an integral
psychological incapacity, the Court in Santos omitted any reference to incurability as a requisite of psychological incapacity, were sufficiently convinced that respondent was so
characteristic of psychological incapacity.101 incapacitated to contract marriage to the degree that annulment was warranted.
All told, we conclude that petitioner has established his cause of action for declaration of
nullity under Article 36 of the Family Code. The RTC correctly ruled, and the Court of
Appeals erred in reversing the trial court.

There is little relish in deciding this present petition, pronouncing as it does the marital
bond as having been inexistent in the first place. It is possible that respondent, despite
her psychological state, remains in love with petitioner, as exhibited by her persistent
challenge to the petition for nullity. In fact, the appellate court placed undue emphasis on
respondent’s avowed commitment to remain in the marriage. Yet the Court decides
these cases on legal reasons and not vapid sentimentality. Marriage, in legal
contemplation, is more than the legitimatization of a desire of people in love to live
together.

WHEREFORE, the petition is GRANTED. The decision of the RTC dated 10 August
1995, declaring the marriage between petitioner and respondent NULL and VOID under
Article 36 of the Family Code, is REINSTATED. No costs.

SO ORDERED.

G.R. No. 135981             January 15, 2004

PEOPLE OF THE PHILIPPINES, appellee,

vs.
MARIVIC GENOSA, appellant.

DECISION

PANGANIBAN, J.:
Admitting she killed her husband, appellant anchors her prayer for acquittal on a novel circumstance and none of mitigating circumstance, hereby sentences the
theory -- the "battered woman syndrome" (BWS), which allegedly constitutes self- accused with the penalty of DEATH.
defense. Under the proven facts, however, she is not entitled to complete exoneration
because there was no unlawful aggression -- no immediate and unexpected attack on "The Court likewise penalizes the accused to pay the heirs of the deceased the
her by her batterer-husband at the time she shot him. sum of fifty thousand pesos (P50,000.00), Philippine currency as indemnity and
another sum of fifty thousand pesos (P50,000.00), Philippine currency as moral
Absent unlawful aggression, there can be no self-defense, complete or incomplete. damages." 2

But all is not lost. The severe beatings repeatedly inflicted on appellant constituted a The Information charged appellant with parricide as follows:
3 

form of cumulative provocation that broke down her psychological resistance and self-
control. This "psychological paralysis" she suffered diminished her will power, thereby "That on or about the 15th day of November 1995, at Barangay Bilwang,
entitling her to the mitigating factor under paragraphs 9 and 10 of Article 13 of the Municipality of Isabel, Province of Leyte, Philippines and within the jurisdiction of
Revised Penal Code. this Honorable Court, the above-named accused, with intent to kill, with treachery
and evident premeditation, did then and there wilfully, unlawfully and feloniously
In addition, appellant should also be credited with the extenuating circumstance of attack, assault, hit and wound one BEN GENOSA, her legitimate husband, with
having acted upon an impulse so powerful as to have naturally produced passion and the use of a hard deadly weapon, which the accused had provided herself for the
obfuscation. The acute battering she suffered that fatal night in the hands of her batterer- purpose, [causing] the following wounds, to wit:
spouse, in spite of the fact that she was eight months pregnant with their child,
overwhelmed her and put her in the aforesaid emotional and mental state, which 'Cadaveric spasm.
overcame her reason and impelled her to vindicate her life and her unborn child's.
'Body on the 2nd stage of decomposition.
Considering the presence of these two mitigating circumstances arising from BWS, as
well as the benefits of the Indeterminate Sentence Law, she may now apply for and be 'Face, black, blownup & swollen w/ evident post-mortem lividity. Eyes
released from custody on parole, because she has already served the minimum period of protruding from its sockets and tongue slightly protrudes out of the
her penalty while under detention during the pendency of this case. mouth.

The Case 'Fracture, open, depressed, circular located at the occipital bone of the
head, resulting [in] laceration of the brain, spontaneous rupture of the
For automatic review before this Court is the September 25, 1998 Decision of the
1 
blood vessels on the posterior surface of the brain, laceration of the dura
Regional Trial Court (RTC) of Ormoc City (Branch 35) in Criminal Case No. 5016-0, and meningeal vessels producing severe intracranial hemorrhage.
finding Marivic Genosa guilty beyond reasonable doubt of parricide. The decretal portion
of the Decision reads: 'Blisters at both extrem[i]ties, anterior chest, posterior chest, trunk w/
shedding of the epidermis.
"WHEREFORE, after all the foregoing being duly considered, the Court finds the
accused, Marivic Genosa y Isidro, GUILTY beyond reasonable doubt of the crime 'Abdomen distended w/ gas. Trunk bloated.'
of Parricide as provided under Article 246 of the Revised Penal Code as restored
by Sec. 5, RA No. 7659, and after finding treachery as a generic aggravating
which caused his death." 4
With the assistance of her counsel, appellant pleaded not guilty during her arraignment
5 
kids in tow, each one carrying a bag, locking the gate and taking her children to
on March 3, 1997. In due course, she was tried for and convicted of parricide.
6 
the waiting area where he was. Joseph lived about fifty (50) meters behind the
Genosas' rented house. Joseph, appellant and her children rode the same bus to
The Facts Ormoc. They had no conversation as Joseph noticed that appellant did not want
to talk to him.
Version of the Prosecution
"On November 18, 1995, the neighbors of Steban Matiga told him about the foul
The Office of the Solicitor General (OSG) summarizes the prosecution's version of the odor emanating from his house being rented by Ben and appellant. Steban went
facts in this wise: there to find out the cause of the stench but the house was locked from the
inside. Since he did not have a duplicate key with him, Steban destroyed the gate
padlock with a borrowed steel saw. He was able to get inside through the kitchen
"Appellant and Ben Genosa were united in marriage on November 19, 1983 in
door but only after destroying a window to reach a hook that locked it. Alone,
Ormoc City. Thereafter, they lived with the parents of Ben in their house at
Steban went inside the unlocked bedroom where the offensive smell was coming
Isabel, Leyte. For a time, Ben's younger brother, Alex, and his wife lived with
from. There, he saw the lifeless body of Ben lying on his side on the bed covered
them too. Sometime in 1995, however, appellant and Ben rented from Steban
with a blanket. He was only in his briefs with injuries at the back of his head.
Matiga a house at Barangay Bilwang, Isabel, Leyte where they lived with their
Seeing this, Steban went out of the house and sent word to the mother of Ben
two children, namely: John Marben and Earl Pierre.
about his son's misfortune. Later that day, Iluminada Genosa, the mother of Ben,
identified the dead body as that of [her] son.
"On November 15, 1995, Ben and Arturo Basobas went to a cockfight after
receiving their salary. They each had two (2) bottles of beer before heading
"Meanwhile, in the morning of the same day, SPO3 Leo Acodesin, then assigned
home. Arturo would pass Ben's house before reaching his. When they arrived at
at the police station at Isabel, Leyte, received a report regarding the foul smell at
the house of Ben, he found out that appellant had gone to Isabel, Leyte to look
the Genosas' rented house. Together with SPO1 Millares, SPO1 Colon, and Dr.
for him. Ben went inside his house, while Arturo went to a store across it, waiting
Refelina Cerillo, SPO3 Acodesin proceeded to the house and went inside the
until 9:00 in the evening for the masiao runner to place a bet. Arturo did not see
bedroom where they found the dead body of Ben lying on his side wrapped with
appellant arrive but on his way home passing the side of the Genosas' rented
a bedsheet. There was blood at the nape of Ben who only had his briefs on.
house, he heard her say 'I won't hesitate to kill you' to which Ben replied 'Why kill
SPO3 Acodesin found in one corner at the side of an aparador a metal pipe
me when I am innocent?' That was the last time Arturo saw Ben alive. Arturo also
about two (2) meters from where Ben was, leaning against a wall. The metal pipe
noticed that since then, the Genosas' rented house appeared uninhabited and
measured three (3) feet and six (6) inches long with a diameter of one and half (1
was always closed.
1/2) inches. It had an open end without a stop valve with a red stain at one end.
The bedroom was not in disarray.
"On November 16, 1995, appellant asked Erlinda Paderog, her close friend and
neighbor living about fifty (50) meters from her house, to look after her pig
"About 10:00 that same morning, the cadaver of Ben, because of its stench, had
because she was going to Cebu for a pregnancy check-up. Appellant likewise
to be taken outside at the back of the house before the postmortem examination
asked Erlinda to sell her motorcycle to their neighbor Ronnie Dayandayan who
was conducted by Dr. Cerillo in the presence of the police. A municipal health
unfortunately had no money to buy it.
officer at Isabel, Leyte responsible for medico-legal cases, Dr. Cerillo found that
Ben had been dead for two to three days and his body was already
"That same day, about 12:15 in the afternoon, Joseph Valida was waiting for a decomposing. The postmortem examination of Dr. Cerillo yielded the findings
bus going to Ormoc when he saw appellant going out of their house with her two quoted in the Information for parricide later filed against appellant. She concluded
 that the cause of Ben's death was 'cardiopulmonary arrest secondary to severe "1. Marivic and Ben Genosa were allegedly married on November 19, 1983. Prior
intracranial hemorrhage due to a depressed fracture of the occipital [bone].' to her marriage, Marivic had graduated from San Carlos, Cebu City, obtaining a
degree of Bachelor of Science in Business Administration, and was working, at
"Appellant admitted killing Ben. She testified that going home after work on the time of her husband's death, as a Secretary to the Port Managers in Ormoc
November 15, 1995, she got worried that her husband who was not home yet City. The couple had three (3) children: John Marben, Earl Pierre and Marie
might have gone gambling since it was a payday. With her cousin Ecel Araño, Bianca.
appellant went to look for Ben at the marketplace and taverns at Isabel, Leyte but
did not find him there. They found Ben drunk upon their return at the Genosas' "2. Marivic and Ben had known each other since elementary school; they were
house. Ecel went home despite appellant's request for her to sleep in their neighbors in Bilwang; they were classmates; and they were third degree cousins.
house. Both sets of parents were against their relationship, but Ben was persistent and
tried to stop other suitors from courting her. Their closeness developed as he
"Then, Ben purportedly nagged appellant for following him, even challenging her was her constant partner at fiestas.
to a fight. She allegedly ignored him and instead attended to their children who
were doing their homework. Apparently disappointed with her reaction, Ben "3. After their marriage, they lived first in the home of Ben's parents, together with
switched off the light and, with the use of a chopping knife, cut the television Ben's brother, Alex, in Isabel, Leyte. In the first year of marriage, Marivic and Ben
antenna or wire to keep her from watching television. According to appellant, Ben 'lived happily'. But apparently, soon thereafter, the couple would quarrel often
was about to attack her so she ran to the bedroom, but he got hold of her hands and their fights would become violent.
and whirled her around. She fell on the side of the bed and screamed for help.
Ben left. At this point, appellant packed his clothes because she wanted him to "4. Ben's brother, Alex, testified for the prosecution that he could not remember
leave. Seeing his packed clothes upon his return home, Ben allegedly flew into a when Ben and Marivic married. He said that when Ben and Marivic
rage, dragged appellant outside of the bedroom towards a drawer holding her by quarreled, generally when Ben would come home drunk, Marivic would inflict
the neck, and told her 'You might as well be killed so nobody would nag me.' injuries on him. He said that in one incident in 1993 he saw Marivic holding a
Appellant testified that she was aware that there was a gun inside the drawer but kitchen knife after Ben had shouted for help as his left hand was covered with
since Ben did not have the key to it, he got a three-inch long blade cutter from his blood. Marivic left the house but after a week, she returned apparently having
wallet. She however, 'smashed' the arm of Ben with a pipe, causing him to drop asked for Ben's forgiveness. In another incident in May 22, 1994, early morning,
the blade and his wallet. Appellant then 'smashed' Ben at his nape with the pipe Alex and his father apparently rushed to Ben's aid again and saw blood from
as he was about to pick up the blade and his wallet. She thereafter ran inside the Ben's forehead and Marivic holding an empty bottle. Ben and Marivic reconciled
bedroom. after Marivic had apparently again asked for Ben's forgiveness.

"Appellant, however, insisted that she ended the life of her husband by shooting "Mrs. Iluminada Genosa, Marivic's mother-in-law, testified too, saying that Ben
him. She supposedly 'distorted' the drawer where the gun was and shot Ben. He and Marivic married in '1986 or 1985 more or less here in Fatima, Ormoc City.'
did not die on the spot, though, but in the bedroom." (Citations omitted)
7 
She said as the marriage went along, Marivic became 'already very demanding.
Mrs. Iluminada Genosa said that after the birth of Marivic's two sons, there were
Version of the Defense 'three (3) misunderstandings.' The first was when Marivic stabbed Ben with a
table knife through his left arm; the second incident was on November 15, 1994,
Appellant relates her version of the facts in this manner: when Marivic struck Ben on the forehead 'using a sharp instrument until the eye
was also affected. It was wounded and also the ear' and her husband went to
Ben to help; and the third incident was in 1995 when the couple had already
transferred to the house in Bilwang and she saw that Ben's hand was plastered would ask for her forgiveness. She said after she would be beaten, she would
as 'the bone cracked.' seek medical help from Dr. Dino Caing, Dr. Lucero and Dra. Cerillo. These
doctors would enter the injuries inflicted upon her by Ben into their reports.
"Both mother and son claimed they brought Ben to a Pasar clinic for medical Marivic said Ben would beat her or quarrel with her every time he was drunk, at
intervention. least three times a week.

"5. Arturo Basobas, a co-worker of Ben, testified that on November 15, 1995 "7. In her defense, witnesses who were not so closely related to Marivic, testified
'After we collected our salary, we went to the cock-fighting place of ISCO.' They as to the abuse and violence she received at the hands of Ben.
stayed there for three (3) hours, after which they went to 'Uniloks' and drank beer
– allegedly only two (2) bottles each. After drinking they bought barbeque and '7.1. Mr. Joe Barrientos, a fisherman, who was a [neighbor] of the Genosas,
went to the Genosa residence. Marivic was not there. He stayed a while talking testified that on November 15, 1995, he overheard a quarrel between Ben and
with Ben, after which he went across the road to wait 'for the runner and the Marivic. Marivic was shouting for help and through the open jalousies, he saw the
usher of the masiao game because during that time, the hearing on masiao spouses 'grappling with each other'. Ben had Marivic in a choke hold. He did not
numbers was rampant. I was waiting for the ushers and runners so that I can do anything, but had come voluntarily to testify. (Please note this was the same
place my bet.' On his way home at about 9:00 in the evening, he heard the night as that testified to by Arturo Busabos. )
8 

Genosas arguing. They were quarreling loudly. Outside their house was one
'Fredo' who is used by Ben to feed his fighting cocks. Basobas' testimony on the '7.2. Mr. Junnie Barrientos, also a fisherman, and the brother of Mr. Joe
root of the quarrel, conveniently overheard by him was Marivic saying 'I will never Barrientos, testified that he heard his neighbor Marivic shouting on the night of
hesitate to kill you', whilst Ben replied 'Why kill me when I am innocent.' Basobas November 15, 1995. He peeped through the window of his hut which is located
thought they were joking. beside the Genosa house and saw 'the spouses grappling with each other then
Ben Genosa was holding with his both hands the neck of the accused, Marivic
"He did not hear them quarreling while he was across the road from the Genosa Genosa'. He said after a while, Marivic was able to extricate he[r]self and enter
residence. Basobas admitted that he and Ben were always at the cockpits every the room of the children. After that, he went back to work as he was to go fishing
Saturday and Sunday. He claims that he once told Ben 'before when he was that evening. He returned at 8:00 the next morning. (Again, please note that this
stricken with a bottle by Marivic Genosa' that he should leave her and that Ben was the same night as that testified to by Arturo Basobas).
would always take her back after she would leave him 'so many times'.
'7.3. Mr. Teodoro Sarabia was a former neighbor of the Genosas while they were
"Basobas could not remember when Marivic had hit Ben, but it was a long time living in Isabel, Leyte. His house was located about fifty (50) meters from theirs.
that they had been quarreling. He said Ben 'even had a wound' on the right Marivic is his niece and he knew them to be living together for 13 or 14 years. He
forehead. He had known the couple for only one (1) year. said the couple was always quarreling. Marivic confided in him that Ben would
pawn items and then would use the money to gamble. One time, he went to their
"6. Marivic testified that after the first year of marriage, Ben became cruel to her house and they were quarreling. Ben was so angry, but would be pacified 'if
and was a habitual drinker. She said he provoked her, he would slap her, somebody would come.' He testified that while Ben was alive 'he used to gamble
sometimes he would pin her down on the bed, and sometimes beat her. and when he became drunk, he would go to our house and he will say, 'Teody'
because that was what he used to call me, 'mokimas ta,' which means 'let's go
"These incidents happened several times and she would often run home to her and look for a whore.' Mr. Sarabia further testified that Ben 'would box his wife
parents, but Ben would follow her and seek her out, promising to change and and I would see bruises and one time she ran to me, I noticed a wound (the
witness pointed to his right breast) as according to her a knife was stricken to
her.' Mr. Sarabia also said that once he saw Ben had been injured too. He said consultations made by Marivic and the six (6) incidents of physical injuries
he voluntarily testified only that morning. reported was marked as Exhibit '3.'

'7.4. Miss Ecel Arano, an 18-year old student, who is a cousin of Marivic, testified "On cross-examination, Dr. Caing said that he is not a psychiatrist, he could not
that in the afternoon of November 15, 1995, Marivic went to her house and asked say whether the injuries were directly related to the crime committed. He said it is
her help to look for Ben. They searched in the market place, several taverns and only a psychiatrist who is qualified to examine the psychological make-up of the
some other places, but could not find him. She accompanied Marivic home. patient, 'whether she is capable of committing a crime or not.'
Marivic wanted her to sleep with her in the Genosa house 'because she might be
battered by her husband.' When they got to the Genosa house at about 7:00 in '7.6 Mr. Panfilo Tero, the barangay captain in the place where the Genosas
the evening, Miss Arano said that 'her husband was already there and was resided, testified that about two (2) months before Ben died, Marivic went to his
drunk.' Miss Arano knew he was drunk 'because of his staggering walking and I office past 8:00 in the evening. She sought his help to settle or confront the
can also detect his face.' Marivic entered the house and she heard them quarrel Genosa couple who were experiencing 'family troubles'. He told Marivic to return
noisily. (Again, please note that this is the same night as that testified to by in the morning, but he did not hear from her again and assumed 'that they might
Arturo Basobas) Miss Arano testified that this was not the first time Marivic had have settled with each other or they might have forgiven with each other.'
asked her to sleep in the house as Marivic would be afraid every time her
husband would come home drunk. At one time when she did sleep over, she was xxx   xxx   xxx
awakened at 10:00 in the evening when Ben arrived because the couple 'were
very noisy in the sala and I had heard something was broken like a vase.' She
"Marivic said she did not provoke her husband when she got home that night it
said Marivic ran into her room and they locked the door. When Ben couldn't get
was her husband who began the provocation. Marivic said she was frightened
in he got a chair and a knife and 'showed us the knife through the window grill
that her husband would hurt her and she wanted to make sure she would deliver
and he scared us.' She said that Marivic shouted for help, but no one came. On
her baby safely. In fact, Marivic had to be admitted later at the Rizal Medical
cross-examination, she said that when she left Marivic's house on November 15,
Centre as she was suffering from eclampsia and hypertension, and the baby was
1995, the couple were still quarreling.
born prematurely on December 1, 1995.
'7.5. Dr. Dino Caing, a physician testified that he and Marivic were co-employees
"Marivic testified that during her marriage she had tried to leave her husband at
at PHILPHOS, Isabel, Leyte. Marivic was his patient 'many times' and had also
least five (5) times, but that Ben would always follow her and they would
received treatment from other doctors. Dr. Caing testified that from July 6, 1989
reconcile. Marivic said that the reason why Ben was violent and abusive towards
until November 9, 1995, there were six (6) episodes of physical injuries inflicted
her that night was because 'he was crazy about his recent girlfriend, Lulu x x x
upon Marivic. These injuries were reported in his Out-Patient Chart at the
Rubillos.'
PHILPHOS Hospital. The prosecution admitted the qualifications of Dr. Caing
and considered him an expert witness.'
"On cross-examination, Marivic insisted she shot Ben with a gun; she said that
he died in the bedroom; that their quarrels could be heard by anyone passing
xxx   xxx   xxx
their house; that Basobas lied in his testimony; that she left for Manila the next
day, November 16, 1995; that she did not bother anyone in Manila, rented herself
'Dr. Caing's clinical history of the tension headache and hypertention of Marivic a room, and got herself a job as a field researcher under the alias 'Marvelous
on twenty-three (23) separate occasions was marked at Exhibits '2' and '2-B.' Isidro'; she did not tell anyone that she was leaving Leyte, she just wanted to
The OPD Chart of Marivic at the Philphos Clinic which reflected all the
have a safe delivery of her baby; and that she was arrested in San Pablo, attack, assault, hit and wound x x x her legitimate husband, with the use of a
Laguna. hard deadly weapon x x x which caused his death.'

'Answering questions from the Court, Marivic said that she threw the gun away; "12. Trial took place on 7 and 14 April 1997, 14 May 1997, 21 July 1997, 17, 22
that she did not know what happened to the pipe she used to 'smash him once'; and 23 September 1997, 12 November 1997, 15 and 16 December 1997, 22
that she was wounded by Ben on her wrist with the bolo; and that two (2) hours May 1998, and 5 and 6 August 1998.
after she was 'whirled' by Ben, he kicked her 'ass' and dragged her towards the
drawer when he saw that she had packed his things.' "13. On 23 September 1998, or only fifty (50) days from the day of the last trial
date, the Hon. Fortunito L. Madrona, Presiding Judge, RTC-Branch 35, Ormoc
"9. The body of Ben Genosa was found on November 18, 1995 after an City, rendered a JUDGMENT finding Marivic guilty 'beyond reasonable doubt' of
investigation was made of the foul odor emitting from the Genosa residence. This the crime of parricide, and further found treachery as an aggravating
fact was testified to by all the prosecution witnesses and some defense circumstance, thus sentencing her to the ultimate penalty of DEATH.
witnesses during the trial.
"14. The case was elevated to this Honorable Court upon automatic review and,
"10. Dra. Refelina Y. Cerillo, a physician, was the Municipal Health Officer of under date of 24 January 2000, Marivic's trial lawyer, Atty. Gil Marvel P.
Isabel, Leyte at the time of the incident, and among her responsibilities as such Tabucanon, filed a Motion to Withdraw as counsel, attaching thereto, as a
was to take charge of all medico-legal cases, such as the examination of precautionary measure, two (2) drafts of Appellant's Briefs he had prepared for
cadavers and the autopsy of cadavers. Dra. Cerillo is not a forensic pathologist. Marivic which, for reasons of her own, were not conformed to by her.
She merely took the medical board exams and passed in 1986. She was called
by the police to go to the Genosa residence and when she got there, she saw "The Honorable Court allowed the withdrawal of Atty. Tabucanon and permitted
'some police officer and neighbor around.' She saw Ben Genosa, covered by a the entry of appearance of undersigned counsel.
blanket, lying in a semi-prone position with his back to the door. He was wearing
only a brief. "15. Without the knowledge of counsel, Marivic Genosa wrote a letter dated 20
January 2000, to the Chief Justice, coursing the same through Atty. Teresita G.
xxxxxxxxx Dimaisip, Deputy Clerk of Court of Chief Judicial Records Office, wherein she
submitted her 'Brief without counsels' to the Court.
"Dra. Cerillo said that 'there is only one injury and that is the injury involving the
skeletal area of the head' which she described as a 'fracture'. And that based on "This letter was stamp-received by the Honorable Court on 4 February 2000.
her examination, Ben had been dead 2 or 3 days. Dra. Cerillo did not testify as
to what caused his death. "16. In the meantime, under date of 17 February 2000, and stamp-received by
the Honorable Court on 19 February 2000, undersigned counsel filed an
"Dra. Cerillo was not cross-examined by defense counsel. URGENT OMNIBUS MOTION praying that the Honorable Court allow the
exhumation of Ben Genosa and the re-examination of the cause of his death;
"11. The Information, dated November 14, 1996, filed against Marivic Genosa allow the examination of Marivic Genosa by qualified psychologists and
charged her with the crime of PARRICIDE committed 'with intent to kill, with psychiatrists to determine her state of mind at the time she killed her husband;
treachery and evidence premeditation, x x x wilfully, unlawfully and feloniously and finally, to allow a partial re-opening of the case a quo to take the testimony
of said psychologists and psychiatrists.
"Attached to the URGENT OMNIBUS MOTION was a letter of Dr. Raquel Fortun, Bernardo). The Genosa case is the first time she has testified as an expert on
then the only qualified forensic pathologist in the country, who opined that the battered women as this is the first case of that nature.
description of the death wound (as culled from the post-mortem findings, Exhibit
'A') is more akin to a gunshot wound than a beating with a lead pipe. "Dra. Dayan testified that for the research she conducted, on the socio-
demographic and psychological profile of families involved in domestic violence,
"17. In a RESOLUTION dated 29 September 2000, the Honorable Court partly and nullity cases, she looked at about 500 cases over a period of ten (10) years
granted Marivic's URGENT OMNIBUS MOTION and remanded the case 'to the and discovered that 'there are lots of variables that cause all of this marital
trial court for the reception of expert psychological and/or psychiatric opinion on conflicts, from domestic violence to infidelity, to psychiatric disorder.'
the 'battered woman syndrome' plea, within ninety (90) days from notice, and,
thereafter to forthwith report to this Court the proceedings taken, together with "Dra. Dayan described domestic violence to comprise of 'a lot of incidents of
the copies of the TSN and relevant documentary evidence, if any, submitted.' psychological abuse, verbal abuse, and emotional abuse to physical abuse and
also sexual abuse.'
"18. On 15 January 2001, Dra. Natividad A. Dayan appeared and testified before
the Hon. Fortunito L. Madrona, RTC-Branch 35, Ormoc City. xxx   xxx   xxx

"Immediately before Dra. Dayan was sworn, the Court a quo asked if she had "Dra. Dayan testified that in her studies, 'the battered woman usually has a very
interviewed Marivic Genosa. Dra. Dayan informed the Court that interviews were low opinion of herself. She has a self-defeating and self-sacrificing
done at the Penal Institution in 1999, but that the clinical interviews and characteristics. x x x they usually think very lowly of themselves and so when the
psychological assessment were done at her clinic. violence would happen, they usually think that they provoke it, that they were the
one who precipitated the violence, they provoke their spouse to be physically,
"Dra. Dayan testified that she has been a clinical psychologist for twenty (20) verbally and even sexually abusive to them.' Dra. Dayan said that usually a
years with her own private clinic and connected presently to the De La Salle battered x x x comes from a dysfunctional family or from 'broken homes.'
University as a professor. Before this, she was the Head of the Psychology
Department of the Assumption College; a member of the faculty of Psychology at "Dra. Dayan said that the batterer, just like the battered woman, 'also has a very
the Ateneo de Manila University and St. Joseph's College; and was the low opinion of himself. But then emerges to have superiority complex and it
counseling psychologist of the National Defense College. She has an AB in comes out as being very arrogant, very hostile, very aggressive and very angry.
Psychology from the University of the Philippines, a Master of Arts in Clinical They also had (sic) a very low tolerance for frustrations. A lot of times they are
[Counseling], Psychology from the Ateneo, and a PhD from the U.P. She was the involved in vices like gambling, drinking and drugs. And they become violent.'
past president of the Psychological Association of the Philippines and is a The batterer also usually comes from a dysfunctional family which over-pampers
member of the American Psychological Association. She is the secretary of the them and makes them feel entitled to do anything. Also, they see often how their
International Council of Psychologists from about 68 countries; a member of the parents abused each other so 'there is a lot of modeling of aggression in the
Forensic Psychology Association; and a member of the ASEAN [Counseling] family.'
Association. She is actively involved with the Philippine Judicial Academy,
recently lecturing on the socio-demographic and psychological profile of families "Dra. Dayan testified that there are a lot of reasons why a battered woman
involved in domestic violence and nullity cases. She was with the Davide does not leave her husband: poverty, self-blame and guilt that she provoked the
Commission doing research about Military Psychology. She has written a book violence, the cycle itself which makes her hope her husband will change, the
entitled 'Energy Global Psychology' (together with Drs. Allan Tan and Allan
belief in her obligations to keep the family intact at all costs for the sake of the Medical Centre where he gained his training on psychiatry and neurology. After
children. that, he was called to active duty in the Armed Forces of the Philippines,
assigned to the V. Luna Medical Center for twenty six (26) years. Prior to his
xxx   xxx   xxx retirement from government service, he obtained the rank of Brigadier General.
He obtained his medical degree from the University of Santo Tomas. He was
"Dra. Dayan said that abused wives react differently to the violence: some leave also a member of the World Association of Military Surgeons; the Quezon City
the house, or lock themselves in another room, or sometimes try to fight back Medical Society; the Cagayan Medical Society; and the Philippine Association of
triggering 'physical violence on both of them.' She said that in a 'normal marital Military Surgeons.
relationship,' abuses also happen, but these are 'not consistent, not chronic, are
not happening day in [and] day out.' In an 'abnormal marital relationship,' the "He authored 'The Comparative Analysis of Nervous Breakdown in the Philippine
abuse occurs day in and day out, is long lasting and 'even would cause Military Academy from the Period 1954 – 1978' which was presented twice in
hospitalization on the victim and even death on the victim.' international congresses. He also authored 'The Mental Health of the Armed
Forces of the Philippines 2000', which was likewise published internationally and
xxx   xxx   xxx locally. He had a medical textbook published on the use of Prasepam on a
Parke-Davis grant; was the first to use Enanthate (siquiline), on an E.R. Squibb
grant; and he published the use of the drug Zopiclom in 1985-86.
"Dra. Dayan said that as a result of the battery of psychological tests she
administered, it was her opinion that Marivic fits the profile of a battered woman
because 'inspite of her feeling of self-confidence which we can see at times there "Dr. Pajarillo explained that psychiatry deals with the functional disorder of the
are really feeling (sic) of loss, such feelings of humiliation which she sees herself mind and neurology deals with the ailment of the brain and spinal cord enlarged.
as damaged and as a broken person. And at the same time she still has the Psychology, on the other hand, is a bachelor degree and a doctorate degree;
imprint of all the abuses that she had experienced in the past.' while one has to finish medicine to become a specialist in psychiatry.

xxx   xxx   xxx "Even only in his 7th year as a resident in V. Luna Medical Centre, Dr. Pajarillo
had already encountered a suit involving violent family relations, and testified in a
case in 1964. In the Armed Forces of the Philippines, violent family disputes
"Dra. Dayan said Marivic thought of herself as a loving wife and did not even
abound, and he has seen probably ten to twenty thousand cases. In those days,
consider filing for nullity or legal separation inspite of the abuses. It was at the
the primordial intention of therapy was reconciliation. As a result of his
time of the tragedy that Marivic then thought of herself as a victim.
experience with domestic violence cases, he became a consultant of the
Battered Woman Office in Quezon City under Atty. Nenita Deproza.
xxx   xxx   xxx
"As such consultant, he had seen around forty (40) cases of severe domestic
"19. On 9 February 2001, Dr. Alfredo Pajarillo, a physician, who has since violence, where there is physical abuse: such as slapping, pushing, verbal
passed away, appeared and testified before RTC-Branch 35, Ormoc City. abuse, battering and boxing a woman even to an unconscious state such that the
woman is sometimes confined. The affliction of Post-Traumatic Stress Disorder
"Dr. Pajarillo was a Diplomate of the Philippine Board of Psychiatry; a Fellow of 'depends on the vulnerability of the victim.' Dr. Pajarillo said that if the victim is
the Philippine Board of Psychiatry and a Fellow of the Philippine Psychiatry not very healthy, perhaps one episode of violence may induce the disorder; if the
Association. He was in the practice of psychiatry for thirty-eight (38) years. Prior psychological stamina and physiologic constitutional stamina of the victim is
to being in private practice, he was connected with the Veterans Memorial
stronger, 'it will take more repetitive trauma to precipitate the post-traumatic "Dr. Pajarillo said that a woman suffering post traumatic stress disorder try to
stress disorder and this x x x is very dangerous.' defend themselves, and 'primarily with knives. Usually pointed weapons or any
weapon that is available in the immediate surrounding or in a hospital x x x
"In psychiatry, the post-traumatic stress disorder is incorporated under the because that abound in the household.' He said a victim resorts to weapons
'anxiety neurosis or neurologic anxcietism.' It is produced by 'overwhelming when she has 'reached the lowest rock bottom of her life and there is no other
brutality, trauma.' recourse left on her but to act decisively.'

xxx   xxx   xxx xxx   xxx   xxx

"Dr. Pajarillo explained that with 'neurotic anxiety', the victim relives the beating "Dr. Pajarillo testified that he met Marivic Genosa in his office in an interview he
or trauma as if it were real, although she is not actually being beaten at that time. conducted for two (2) hours and seventeen (17) minutes. He used the
She thinks 'of nothing but the suffering.' psychological evaluation and social case studies as a help in forming his
diagnosis. He came out with a Psychiatric Report, dated 22 January 2001.
xxx   xxx   xxx
xxx   xxx   xxx
"A woman who suffers battery has a tendency to become neurotic, her emotional
tone is unstable, and she is irritable and restless. She tends to become hard- "On cross-examination by the private prosecutor, Dr. Pajarillo said that at the
headed and persistent. She has higher sensitivity and her 'self-world' is time she killed her husband Marivic'c mental condition was that she was 're-
damaged. experiencing the trauma.' He said 'that we are trying to explain scientifically that
the re-experiencing of the trauma is not controlled by Marivic. It will just come in
"Dr. Pajarillo said that an abnormal family background relates to an individual's flashes and probably at that point in time that things happened when the re-
illness, such as the deprivation of the continuous care and love of the parents. As experiencing of the trauma flashed in her mind.' At the time he interviewed
to the batterer, he normally 'internalizes what is around him within the Marivic 'she was more subdued, she was not super alert anymore x x x she is
environment.' And it becomes his own personality. He is very competitive; he is mentally stress (sic) because of the predicament she is involved.'
aiming high all the time; he is so macho; he shows his strong façade 'but in it
there are doubts in himself and prone to act without thinking.' xxx   xxx   xxx

xxx   xxx   xxx "20. No rebuttal evidence or testimony was presented by either the private or the
public prosecutor. Thus, in accord with the Resolution of this Honorable Court,
"Dr. Pajarillo emphasized that 'even though without the presence of the the records of the partially re-opened trial a quo were elevated." 9

precipator (sic) or the one who administered the battering, that re-experiencing of
the trauma occurred (sic) because the individual cannot control it. It will just come Ruling of the Trial Court
up in her mind or in his mind.'
Finding the proffered theory of self-defense untenable, the RTC gave credence to the
xxx   xxx   xxx prosecution evidence that appellant had killed the deceased while he was in bed
sleeping. Further, the trial court appreciated the generic aggravating circumstance of
treachery, because Ben Genosa was supposedly defenseless when he was killed -- lying "2. The trial court gravely erred in finding as a fact that Ben and Marivic Genosa
in bed asleep when Marivic smashed him with a pipe at the back of his head. were legally married and that she was therefore liable for parricide.

The capital penalty having been imposed, the case was elevated to this Court for "3. The trial court gravely erred finding the cause of death to be by beating with a
automatic review. pipe.

Supervening Circumstances "4. The trial court gravely erred in ignoring and disregarding evidence adduced
from impartial and unbiased witnesses that Ben Genosa was a drunk, a gambler,
On February 19, 2000, appellant filed an Urgent Omnibus Motion praying that this Court a womanizer and wife-beater; and further gravely erred in concluding that Ben
allow (1) the exhumation of Ben Genosa and the reexamination of the cause of his Genosa was a battered husband.
death; (2) the examination of appellant by qualified psychologists and psychiatrists to
determine her state of mind at the time she had killed her spouse; and (3) the inclusion of "5. The trial court gravely erred in not requiring testimony from the children of
the said experts' reports in the records of the case for purposes of the automatic review Marivic Genosa.
or, in the alternative, a partial reopening of the case for the lower court to admit the
experts' testimonies. "6. The trial court gravely erred in concluding that Marivic's flight to Manila and
her subsequent apologies were indicia of guilt, instead of a clear attempt to save
On September 29, 2000, this Court issued a Resolution granting in part appellant's the life of her unborn child.
Motion, remanding the case to the trial court for the reception of expert psychological
and/or psychiatric opinion on the "battered woman syndrome" plea; and requiring the "7. The trial court gravely erred in concluding that there was an aggravating
lower court to report thereafter to this Court the proceedings taken as well as to submit circumstance of treachery.
copies of the TSN and additional evidence, if any.
"8. The trial court gravely erred in refusing to re-evaluate the traditional elements
Acting on the Court's Resolution, the trial judge authorized the examination of Marivic by in determining the existence of self-defense and defense of foetus in this case,
two clinical psychologists, Drs. Natividad Dayan and Alfredo Pajarillo, supposedly
10  11 
thereby erroneously convicting Marivic Genosa of the crime of parricide and
experts on domestic violence. Their testimonies, along with their documentary evidence, condemning her to the ultimate penalty of death." 13

were then presented to and admitted by the lower court before finally being submitted to
this Court to form part of the records of the case. 12
In the main, the following are the essential legal issues: (1) whether appellant acted in
self-defense and in defense of her fetus; and (2) whether treachery attended the killing of
The Issues Ben Genosa.

Appellant assigns the following alleged errors of the trial court for this Court's The Court's Ruling
consideration:
The appeal is partly meritorious.
"1. The trial court gravely erred in promulgating an obviously hasty decision
without reflecting on the evidence adduced as to self-defense. Collateral Factual Issues
The first six assigned errors raised by appellant are factual in nature, if not collateral to "The key element in parricide is the relationship of the offender with the victim. In
the resolution of the principal issues. As consistently held by this Court, the findings of the case of parricide of a spouse, the best proof of the relationship between the
the trial court on the credibility of witnesses and their testimonies are entitled to a high accused and the deceased is the marriage certificate. In the absence of a
degree of respect and will not be disturbed on appeal in the absence of any showing that marriage certificate, however, oral evidence of the fact of marriage may be
the trial judge gravely abused his discretion or overlooked, misunderstood or misapplied considered by the trial court if such proof is not objected to."
material facts or circumstances of weight and substance that could affect the outcome of
the case.14
Two of the prosecution witnesses -- namely, the mother and the brother of appellant's
deceased spouse -- attested in court that Ben had been married to Marivic. The defense
17 

In appellant's first six assigned items, we find no grave abuse of discretion, reversible raised no objection to these testimonies. Moreover, during her direct examination,
error or misappreciation of material facts that would reverse or modify the trial court's appellant herself made a judicial admission of her marriage to Ben. Axiomatic is the rule
18 

disposition of the case. In any event, we will now briefly dispose of these alleged errors that a judicial admission is conclusive upon the party making it, except only when there is
of the trial court. a showing that (1) the admission was made through a palpable mistake, or (2) no
admission was in fact made. Other than merely attacking the non-presentation of the
19 

First, we do not agree that the lower court promulgated "an obviously hasty decision marriage contract, the defense offered no proof that the admission made by appellant in
without reflecting on the evidence adduced as to self-defense." We note that in his 17- court as to the fact of her marriage to the deceased was made through a palpable
page Decision, Judge Fortunito L. Madrona summarized the testimonies of both the mistake.
prosecution and the defense witnesses and -- on the basis of those and of the
documentary evidence on record -- made his evaluation, findings and conclusions. He Third, under the circumstances of this case, the specific or direct cause of Ben's death --
wrote a 3-page discourse assessing the testimony and the self-defense theory of the whether by a gunshot or by beating with a pipe -- has no legal consequence. As the
accused. While she, or even this Court, may not agree with the trial judge's conclusions, Court elucidated in its September 29, 2000 Resolution, "[c]onsidering that the appellant
we cannot peremptorily conclude, absent substantial evidence, that he failed to reflect on has admitted the fact of killing her husband and the acts of hitting his nape with a metal
the evidence presented. pipe and of shooting him at the back of his head, the Court believes that exhumation is
unnecessary, if not immaterial, to determine which of said acts actually caused the
Neither do we find the appealed Decision to have been made in an "obviously hasty" victim's death." Determining which of these admitted acts caused the death is not
manner. The Information had been filed with the lower court on November 14, 1996. dispositive of the guilt or defense of appellant.
Thereafter, trial began and at least 13 hearings were held for over a year. It took the trial
judge about two months from the conclusion of trial to promulgate his judgment. That he Fourth, we cannot fault the trial court for not fully appreciating evidence that Ben was a
conducted the trial and resolved the case with dispatch should not be taken against him, drunk, gambler, womanizer and wife-beater. Until this case came to us for automatic
much less used to condemn him for being unduly hasty. If at all, the dispatch with which review, appellant had not raised the novel defense of "battered woman syndrome," for
he handled the case should be lauded. In any case, we find his actions in substantial which such evidence may have been relevant. Her theory of self-defense was then the
compliance with his constitutional obligation.15
crucial issue before the trial court. As will be discussed shortly, the legal requisites of
self-defense under prevailing jurisprudence ostensibly appear inconsistent with the
Second, the lower court did not err in finding as a fact that Ben Genosa and appellant surrounding facts that led to the death of the victim. Hence, his personal character,
had been legally married, despite the non-presentation of their marriage contract. especially his past behavior, did not constitute vital evidence at the time.
In People v. Malabago, this Court held:
16 

Fifth, the trial court surely committed no error in not requiring testimony from appellant's
children. As correctly elucidated by the solicitor general, all criminal actions are
prosecuted under the direction and control of the public prosecutor, in whom lies the
discretion to determine which witnesses and evidence are necessary to present. As the20 
occurs a second time, and she remains in the situation, she is defined as a battered
former further points out, neither the trial court nor the prosecution prevented appellant woman." 25

from presenting her children as witnesses. Thus, she cannot now fault the lower court for
not requiring them to testify. Battered women exhibit common personality traits, such as low self-esteem, traditional
beliefs about the home, the family and the female sex role; emotional dependence upon
Finally, merely collateral or corroborative is the matter of whether the flight of Marivic to the dominant male; the tendency to accept responsibility for the batterer's actions; and
Manila and her subsequent apologies to her brother-in-law are indicia of her guilt or are false hopes that the relationship will improve.
26

attempts to save the life of her unborn child. Any reversible error as to the trial court's
appreciation of these circumstances has little bearing on the final resolution of the case. More graphically, the battered woman syndrome is characterized by the so-called "cycle
of violence," which has three phases: (1) the tension-building phase; (2) the acute
27 

First Legal Issue: battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase.
28

Self-Defense and Defense of a Fetus During the tension-building phase, minor battering occurs -- it could be verbal or slight
physical abuse or another form of hostile behavior. The woman usually tries to pacify the
Appellant admits killing Ben Genosa but, to avoid criminal liability, invokes self-defense batterer through a show of kind, nurturing behavior; or by simply staying out of his way.
and/or defense of her unborn child. When the accused admits killing the victim, it is What actually happens is that she allows herself to be abused in ways that, to her, are
incumbent upon her to prove any claimed justifying circumstance by clear and convincing comparatively minor. All she wants is to prevent the escalation of the violence exhibited
evidence. Well-settled is the rule that in criminal cases, self-defense (and similarly,
21  by the batterer. This wish, however, proves to be double-edged, because her "placatory"
defense of a stranger or third person) shifts the burden of proof from the prosecution to and passive behavior legitimizes his belief that he has the right to abuse her in the first
the defense. 22 place.

The Battered Woman Syndrome However, the techniques adopted by the woman in her effort to placate him are not
usually successful, and the verbal and/or physical abuse worsens. Each partner senses
In claiming self-defense, appellant raises the novel theory of the battered woman the imminent loss of control and the growing tension and despair. Exhausted from the
syndrome. While new in Philippine jurisprudence, the concept has been recognized in persistent stress, the battered woman soon withdraws emotionally. But the more she
foreign jurisdictions as a form of self-defense or, at the least, incomplete self- becomes emotionally unavailable, the more the batterer becomes angry, oppressive and
defense. By appreciating evidence that a victim or defendant is afflicted with the
23  abusive. Often, at some unpredictable point, the violence "spirals out of control" and
syndrome, foreign courts convey their "understanding of the justifiably fearful state of leads to an acute battering incident.
29

mind of a person who has been cyclically abused and controlled over a period of time." 24

The acute battering incident is said to be characterized by brutality, destructiveness

A battered woman has been defined as a woman "who is repeatedly subjected to any and, sometimes, death. The battered woman deems this incident as unpredictable, yet
forceful physical or psychological behavior by a man in order to coerce her to do also inevitable. During this phase, she has no control; only the batterer may put an end
something he wants her to do without concern for her rights. Battered women include to the violence. Its nature can be as unpredictable as the time of its explosion, and so are
wives or women in any form of intimate relationship with men. Furthermore, in order to his reasons for ending it. The battered woman usually realizes that she cannot reason
be classified as a battered woman, the couple must go through the battering cycle at with him, and that resistance would only exacerbate her condition.
least twice. Any woman may find herself in an abusive relationship with a man once. If it
At this stage, she has a sense of detachment from the attack and the terrible pain, "ATTY. TABUCANON
although she may later clearly remember every detail. Her apparent passivity in the face
of acute violence may be rationalized thus: the batterer is almost always much stronger Q How did you describe your marriage with Ben Genosa?
physically, and she knows from her past painful experience that it is futile to fight back.
Acute battering incidents are often very savage and out of control, such that innocent A In the first year, I lived with him happily but in the subsequent year he was
bystanders or intervenors are likely to get hurt.
30
cruel to me and a behavior of habitual drinker.

The final phase of the cycle of violence begins when the acute battering incident ends. Q You said that in the subsequent year of your marriage, your husband was
During this tranquil period, the couple experience profound relief. On the one hand, the abusive to you and cruel. In what way was this abusive and cruelty manifested to
batterer may show a tender and nurturing behavior towards his partner. He knows that you?
he has been viciously cruel and tries to make up for it, begging for her forgiveness and
promising never to beat her again. On the other hand, the battered woman also tries to
A He always provoke me in everything, he always slap me and sometimes he
convince herself that the battery will never happen again; that her partner will change for
pinned me down on the bed and sometimes beat me.
the better; and that this "good, gentle and caring man" is the real person whom she
loves.
Q How many times did this happen?
A battered woman usually believes that she is the sole anchor of the emotional stability
of the batterer. Sensing his isolation and despair, she feels responsible for his well-being. A Several times already.
The truth, though, is that the chances of his reforming, or seeking or receiving
professional help, are very slim, especially if she remains with him. Generally, only after Q What did you do when these things happen to you?
she leaves him does he seek professional help as a way of getting her back. Yet, it is in
this phase of remorseful reconciliation that she is most thoroughly tormented A I went away to my mother and I ran to my father and we separate each other.
psychologically.
Q What was the action of Ben Genosa towards you leaving home?
The illusion of absolute interdependency is well-entrenched in a battered woman's
psyche. In this phase, she and her batterer are indeed emotionally dependent on each A He is following me, after that he sought after me.
other -- she for his nurturant behavior, he for her forgiveness. Underneath this miserable
cycle of "tension, violence and forgiveness," each partner may believe that it is better to Q What will happen when he follow you?
die than to be separated. Neither one may really feel independent, capable of functioning
without the other.31
A He said he changed, he asked for forgiveness and I was convinced and after
that I go to him and he said 'sorry'.
History of Abuse
in the Present Case Q During those times that you were the recipient of such cruelty and abusive
behavior by your husband, were you able to see a doctor?
To show the history of violence inflicted upon appellant, the defense presented several
witnesses. She herself described her heart-rending experience as follows: A Yes, sir.
Q Who are these doctors? Q Do you mean three times a week he would beat you?

A The company physician, Dr. Dino Caing, Dr. Lucero and Dra. Cerillo. A Not necessarily that he would beat me but sometimes he will just quarrel me."  32

xxx   xxx   xxx Referring to his "Out-Patient Chart" on Marivic Genosa at the Philphos Hospital, Dr.
33 

Dino D. Caing bolstered her foregoing testimony on chronic battery in this manner:
Q You said that you saw a doctor in relation to your injuries?
"Q So, do you have a summary of those six (6) incidents which are found in the
A Yes, sir. chart of your clinic?

Q Who inflicted these injuries? A Yes, sir.

A Of course my husband. Q Who prepared the list of six (6) incidents, Doctor?

Q You mean Ben Genosa? A I did.

A Yes, sir. Q Will you please read the physical findings together with the dates for the
record.
xxx   xxx   xxx
A 1. May 12, 1990 - physical findings are as follows: Hematoma (R) lower eyelid
[Court] /to the witness and redness of eye. Attending physician: Dr. Lucero;

Q How frequent was the alleged cruelty that you said? 2. March 10, 1992 - Contusion-Hematoma (L) lower arbital area, pain and
contusion (R) breast. Attending physician: Dr. Canora;
A Everytime he got drunk.
3. March 26, 1993 - Abrasion, Furuncle (L) Axilla;
Q No, from the time that you said the cruelty or the infliction of injury inflicted on
your occurred, after your marriage, from that time on, how frequent was the 4. August 1, 1994 - Pain, mastitis (L) breast, 2o to trauma. Attending
occurrence? physician: Dr. Caing;

A Everytime he got drunk. 5. April 17, 1995 - Trauma, tenderness (R) Shoulder. Attending
physician: Dr. Canora; and
Q Is it daily, weekly, monthly or how many times in a month or in a week?
6. June 5, 1995 - Swelling Abrasion (L) leg, multiple contusion
Pregnancy. Attending physician: Dr. Canora.
A Three times a week.
Q Among the findings, there were two (2) incidents wherein you were the A As a doctor-patient relationship, we need to know the cause of these injuries.
attending physician, is that correct? And she told me that it was done to her by her husband.

A Yes, sir. Q You mean, Ben Genosa?

Q Did you actually physical examine the accused? A Yes, sir.

A Yes, sir. xxx   xxx   xxx

Q Now, going to your finding no. 3 where you were the one who attended the ATTY. TABUCANON:
patient. What do you mean by abrasion furuncle left axilla?
Q By the way Doctor, were you able to physical examine the accused sometime
A Abrasion is a skin wound usually when it comes in contact with something in the month of November, 1995 when this incident happened?
rough substance if force is applied.
A As per record, yes.
Q What is meant by furuncle axilla?
Q What was the date?
A It is secondary of the light infection over the abrasion.
A It was on November 6, 1995.
Q What is meant by pain mastitis secondary to trauma?
Q So, did you actually see the accused physically?
A So, in this 4th episode of physical injuries there is an inflammation of left
breast. So, [pain] meaning there is tenderness. When your breast is traumatized, A Yes, sir.
there is tenderness pain.
Q On November 6, 1995, will you please tell this Honorable Court, was the
Q So, these are objective physical injuries. Doctor? patient pregnant?

xxx   xxx   xxx A Yes, sir.

Q Were you able to talk with the patient? Q Being a doctor, can you more engage at what stage of pregnancy was she?

A Yes, sir. A Eight (8) months pregnant.

Q What did she tell you? Q So in other words, it was an advance stage of pregnancy?

A Yes, sir.
Q What was your November 6, 1995 examination, was it an examination about A The patient definitely had hypertension. It was refractory to our treatment. She
her pregnancy or for some other findings? does not response when the medication was given to her, because tension
headache is more or less stress related and emotional in nature.
A No, she was admitted for hypertension headache which complicates her
pregnancy. Q What did you deduce of tension headache when you said is emotional in
nature?
Q When you said admitted, meaning she was confined?
A From what I deduced as part of our physical examination of the patient is the
A Yes, sir. family history in line of giving the root cause of what is causing this disease. So,
from the moment you ask to the patient all comes from the domestic problem.
Q For how many days?
Q You mean problem in her household?
A One day.
A Probably.
Q Where?
Q Can family trouble cause elevation of blood pressure, Doctor?
A At PHILPHOS Hospital.
A Yes, if it is emotionally related and stressful it can cause increases in
xxx   xxx   xxx hypertension which is unfortunately does not response to the medication.

Q Lets go back to the clinical history of Marivic Genosa. You said that you were Q In November 6, 1995, the date of the incident, did you take the blood pressure
able to examine her personally on November 6, 1995 and she was 8 months of the accused?
pregnant.
A On November 6, 1995 consultation, the blood pressure was 180/120.
What is this all about?
Q Is this considered hypertension?
A Because she has this problem of tension headache secondary to hypertension
and I think I have a record here, also the same period from 1989 to 1995, she A Yes, sir, severe.
had a consultation for twenty-three (23) times.
Q Considering that she was 8 months pregnant, you mean this is dangerous
Q For what? level of blood pressure?

A Tension headache. A It was dangerous to the child or to the fetus." 34

Q Can we say that specially during the latter consultation, that the patient had Another defense witness, Teodoro Sarabia, a former neighbor of the Genosas in Isabel,
hypertension? Leyte, testified that he had seen the couple quarreling several times; and that on some
occasions Marivic would run to him with bruises, confiding that the injuries were inflicted Q What time did Ben Genosa arrive?
upon her by Ben. 35

A When he arrived, I was not there, I was in Isabel looking for him.
Ecel Arano also testified that for a number of times she had been asked by Marivic to
36 

sleep at the Genosa house, because the latter feared that Ben would come home drunk Q So when he arrived you were in Isabel looking for him?
and hurt her. On one occasion that Ecel did sleep over, she was awakened about ten
o'clock at night, because the couple "were very noisy … and I heard something was A Yes, sir.
broken like a vase." Then Marivic came running into Ecel's room and locked the door.
Ben showed up by the window grill atop a chair, scaring them with a knife.
Q Did you come back to your house?
On the afternoon of November 15, 1995, Marivic again asked her help -- this time to find
A Yes, sir.
Ben -- but they were unable to. They returned to the Genosa home, where they found
him already drunk. Again afraid that he might hurt her, Marivic asked her to sleep at their
house. Seeing his state of drunkenness, Ecel hesitated; and when she heard the couple Q By the way, where was your conjugal residence situated this time?
start arguing, she decided to leave.
A Bilwang.
On that same night that culminated in the death of Ben Genosa, at least three other
witnesses saw or heard the couple quarreling. Marivic relates in detail the following
37  Q Is this your house or you are renting?
backdrop of the fateful night when life was snuffed out of him, showing in the process a
vivid picture of his cruelty towards her: A Renting.

"ATTY. TABUCANON: Q What time were you able to come back in your residence at Bilwang?

Q Please tell this Court, can you recall the incident in November 15, 1995 in the A I went back around almost 8:00 o'clock.
evening?
Q What happened when you arrived in your residence?
A Whole morning and in the afternoon, I was in the office working then after
office hours, I boarded the service bus and went to Bilwang. When I reached A When I arrived home with my cousin Ecel whom I requested to sleep with me
Bilwang, I immediately asked my son, where was his father, then my second at that time because I had fears that he was again drunk and I was worried that
child said, 'he was not home yet'. I was worried because that was payday, I was he would again beat me so I requested my cousin to sleep with me, but she
anticipating that he was gambling. So while waiting for him, my eldest son arrived resisted because she had fears that the same thing will happen again last year.
from school, I prepared dinner for my children.
Q Who was this cousin of yours who you requested to sleep with you?
Q This is evening of November 15, 1995?
A Ecel Araño, the one who testified.
A Yes, sir.
Q Did Ecel sleep with you in your house on that evening?
A No, because she expressed fears, she said her father would not allow her Q You said that when you arrived, he was drunk and yelling at you? What else
because of Ben. did he do if any?

Q During this period November 15, 1995, were you pregnant? A He is nagging at me for following him and he dared me to quarrel him.

A Yes, 8 months. Q What was the cause of his nagging or quarreling at you if you know?

Q How advance was your pregnancy? A He was angry at me because I was following x x x him, looking for him. I was
just worried he might be overly drunk and he would beat me again.
A Eight (8) months.
Q You said that he was yelling at you, what else, did he do to you if any?
Q Was the baby subsequently born?
A He was nagging at me at that time and I just ignore him because I want to
A Yes, sir. avoid trouble for fear that he will beat me again. Perhaps he was disappointed
because I just ignore him of his provocation and he switch off the light and I said
Q What's the name of the baby you were carrying at that time? to him, 'why did you switch off the light when the children were there.' At that time
I was also attending to my children who were doing their assignments. He was
angry with me for not answering his challenge, so he went to the kitchen and
A Marie Bianca.
[got] a bolo and cut the antenna wire to stop me from watching television.
Q What time were you able to meet personally your husband?
Q What did he do with the bolo?
A Yes, sir.
A He cut the antenna wire to keep me from watching T.V.
Q What time?
Q What else happened after he cut the wire?
A When I arrived home, he was there already in his usual behavior.
A He switch off the light and the children were shouting because they were
scared and he was already holding the bolo.
Q Will you tell this Court what was his disposition?
Q How do you described this bolo?
A He was drunk again, he was yelling in his usual unruly behavior.
A 1 1/2 feet.
Q What was he yelling all about?
Q What was the bolo used for usually?
A His usual attitude when he got drunk.
A For chopping meat.
Q You said the children were scared, what else happened as Ben was carrying Q You said that when Ben came back to your house, he dragged you? How did
that bolo? he drag you?

A He was about to attack me so I run to the room. COURT INTERPRETER:

Q What do you mean that he was about to attack you? The witness demonstrated to the Court by using her right hand flexed
forcibly in her front neck)
A When I attempt to run he held my hands and he whirled me and I fell to the
bedside. A And he dragged me towards the door backward.

Q So when he whirled you, what happened to you? ATTY. TABUCANON:

A I screamed for help and then he left. Q Where did he bring you?

Q You said earlier that he whirled you and you fell on the bedside? A Outside the bedroom and he wanted to get something and then he kept on
shouting at me that 'you might as well be killed so there will be nobody to nag
A Yes, sir. me.'

Q You screamed for help and he left, do you know where he was going? Q So you said that he dragged you towards the drawer?

A Outside perhaps to drink more. A Yes, sir.

Q When he left what did you do in that particular time? Q What is there in the drawer?

A I packed all his clothes. A I was aware that it was a gun.

Q What was your reason in packing his clothes? COURT INTERPRETER:

A I wanted him to leave us. (At this juncture the witness started crying).

Q During this time, where were your children, what were their reactions? ATTY. TABUCANON:

A After a couple of hours, he went back again and he got angry with me for Q Were you actually brought to the drawer?
packing his clothes, then he dragged me again of the bedroom holding my neck.
A Yes, sir.
Q What happened when you were brought to that drawer? Q You said that he dropped the blade, for the record will you please describe this
blade about 3 inches long, how does it look like?
A He dragged me towards the drawer and he was about to open the drawer but
he could not open it because he did not have the key then he pulled his wallet A Three (3) inches long and 1/2 inch wide.
which contained a blade about 3 inches long and I was aware that he was going
to kill me and I smashed his arm and then the wallet and the blade fell. The one Q Is it a flexible blade?
he used to open the drawer I saw, it was a pipe about that long, and when he
was about to pick-up the wallet and the blade, I smashed him then I ran to the A It's a cutter.
other room, and on that very moment everything on my mind was to pity on
myself, then the feeling I had on that very moment was the same when I was
Q How do you describe the blade, is it sharp both edges?
admitted in PHILPHOS Clinic, I was about to vomit.
A Yes, because he once used it to me.
COURT INTERPRETER:
Q How did he do it?
(The witness at this juncture is crying intensely).
A He wanted to cut my throat.
xxx   xxx   xxx
Q With the same blade?
ATTY. TABUCANON:
A Yes, sir, that was the object used when he intimidate me." 38

Q Talking of drawer, is this drawer outside your room?

In addition, Dra. Natividad Dayan was called by the RTC to testify as an expert witness
A Outside.
to assist it in understanding the psyche of a battered person. She had met with Marivic
Genosa for five sessions totaling about seventeen hours. Based on their talks, the former
Q In what part of the house? briefly related the latter's ordeal to the court a quo as follows:

A Dining. "Q: What can you say, that you found Marivic as a battered wife? Could you in
layman's term describe to this Court what her life was like as said to you?
Q Where were the children during that time?
A: What I remember happened then was it was more than ten years, that she
A My children were already asleep. was suffering emotional anguish. There were a lot of instances of abuses, to
emotional abuse, to verbal abuse and to physical abuse. The husband had a
Q You mean they were inside the room? very meager income, she was the one who was practically the bread earner of
the family. The husband was involved in a lot of vices, going out with barkadas,
A Yes, sir. drinking, even womanizing being involved in cockfight and going home very
angry and which will trigger a lot of physical abuse. She also had the experience
 a lot of taunting from the husband for the reason that the husband even accused Q Did you ask for a complete example who are the relatives of her husband that
her of infidelity, the husband was saying that the child she was carrying was not were fond of battering their wives?
his own. So she was very angry, she was at the same time very depressed
because she was also aware, almost like living in purgatory or even hell when it A What I remember that there were brothers of her husband who are also
was happening day in and day out."  39
battering their wives.

In cross-examining Dra. Dayan, the public prosecutor not merely elicited, but wittingly or Q Did she not inform you that there was an instance that she stayed in a hotel in
unwittingly put forward, additional supporting evidence as shown below: Ormoc where her husband followed her and battered [her] several times in that
room?
"Q In your first encounter with the appellant in this case in 1999, where you
talked to her about three hours, what was the most relevant information did you A She told me about that.
gather?
Q Did she inform you in what hotel in Ormoc?
A The most relevant information was the tragedy that happened. The most
important information were escalating abuses that she had experienced during A Sir, I could not remember but I was told that she was battered in that room.
her marital life.
Q Several times in that room?
Q Before you met her in 1999 for three hours, we presume that you already knew
of the facts of the case or at least you have substantial knowledge of the facts of
A Yes, sir. What I remember was that there is no problem about being battered, it
the case?
really happened.
A I believe I had an idea of the case, but I do not know whether I can consider
Q Being an expert witness, our jurisprudence is not complete on saying this
them as substantial.
matter. I think that is the first time that we have this in the Philippines, what is
your opinion?
xxx   xxx   xxx
A Sir, my opinion is, she is really a battered wife and in this kind happened, it
Q Did you gather an information from Marivic that on the side of her husband was really a self-defense. I also believe that there had been provocation and I
they were fond of battering their wives? also believe that she became a disordered person. She had to suffer anxiety
reaction because of all the battering that happened and so she became an
A I also heard that from her? abnormal person who had lost she's not during the time and that is why it
happened because of all the physical battering, emotional battering, all the
Q You heard that from her? psychological abuses that she had experienced from her husband.

A Yes, sir. Q I do believe that she is a battered wife. Was she extremely battered?

A Sir, it is an extreme form of battering. Yes. 40

Parenthetically, the credibility of appellant was demonstrated as follows: meaning friends in spite of her feeling ashamed of what was happening to her. But
incessant battering became more and more frequent and more severe. x x x." 43

"Q And you also said that you administered [the] objective personality test, what
x x x [is this] all about? From the totality of evidence presented, there is indeed no doubt in the Court's mind that
Appellant Marivic Genosa was a severely abused person.
A The objective personality test is the Millon Clinical Multiaxial Inventory. The
purpose of that test is to find out about the lying prone[ne]ss of the person. Effect of Battery on Appellant

Q What do you mean by that? Because of the recurring cycles of violence experienced by the abused woman, her state
of mind metamorphoses. In determining her state of mind, we cannot rely merely on the
A Meaning, am I dealing with a client who is telling me the truth, or is she judgment of an ordinary, reasonable person who is evaluating the events immediately
someone who can exaggerate or x x x [will] tell a lie[?] surrounding the incident. A Canadian court has aptly pointed out that expert evidence on
the psychological effect of battering on wives and common law partners are both relevant
Q And what did you discover on the basis of this objective personality test? and necessary. "How can the mental state of the appellant be appreciated without it?
The average member of the public may ask: Why would a woman put up with this kind of
treatment? Why should she continue to live with such a man? How could she love a
A She was a person who passed the honesty test. Meaning she is a person that I
partner who beat her to the point of requiring hospitalization? We would expect the
can trust. That the data that I'm gathering from her are the truth." 41

woman to pack her bags and go. Where is her self-respect? Why does she not cut loose
and make a new life for herself? Such is the reaction of the average person confronted
The other expert witness presented by the defense, Dr. Alfredo Pajarillo, testified on his with the so-called 'battered wife syndrome.'"
44

Psychiatric Report, which was based on his interview and examination of Marivic
42 

Genosa. The Report said that during the first three years of her marriage to Ben,
To understand the syndrome properly, however, one's viewpoint should not be drawn
everything looked good -- the atmosphere was fine, normal and happy -- until "Ben
from that of an ordinary, reasonable person. What goes on in the mind of a person who
started to be attracted to other girls and was also enticed in[to] gambling[,] especially
has been subjected to repeated, severe beatings may not be consistent with -- nay,
cockfighting. x x x. At the same time Ben was often joining his barkada in drinking
comprehensible to -- those who have not been through a similar experience. Expert
sprees."
opinion is essential to clarify and refute common myths and misconceptions about
battered women. 45

The drinking sprees of Ben greatly changed the attitude he showed toward his family,
particularly to his wife. The Report continued: "At first, it was verbal and emotional
The theory of BWS formulated by Lenore Walker, as well as her research on domestic
abuses but as time passed, he became physically abusive. Marivic claimed that the
violence, has had a significant impact in the United States and the United Kingdom on
viciousness of her husband was progressive every time he got drunk. It was a painful
the treatment and prosecution of cases, in which a battered woman is charged with the
ordeal Marivic had to anticipate whenever she suspected that her husband went for a
killing of her violent partner. The psychologist explains that the cyclical nature of the
drinking [spree]. They had been married for twelve years[;] and practically more than
violence inflicted upon the battered woman immobilizes the latter's "ability to act
eight years, she was battered and maltreated relentlessly and mercilessly by her
decisively in her own interests, making her feel trapped in the relationship with no means
husband whenever he was drunk."
of escape." In her years of research, Dr. Walker found that "the abuse often escalates at
46 

the point of separation and battered women are in greater danger of dying then." 47

Marivic sought the help of her mother-in-law, but her efforts were in vain. Further quoting
from the Report, "[s]he also sought the advice and help of close relatives and well-
Corroborating these research findings, Dra. Dayan said that "the battered woman usually because they cannot predict their own safety; they believe that nothing they or anyone
has a very low opinion of herself. She has x x x self-defeating and self-sacrificing else does will alter their terrible circumstances."
54

characteristics. x x x [W]hen the violence would happen, they usually think that they
provoke[d] it, that they were the one[s] who precipitated the violence[; that] they Thus, just as the battered woman believes that she is somehow responsible for the
provoke[d] their spouse to be physically, verbally and even sexually abusive to them." 48
violent behavior of her partner, she also believes that he is capable of killing her, and that
there is no escape. Battered women feel unsafe, suffer from pervasive anxiety, and
55 

According to Dra. Dayan, there are a lot of reasons why a battered woman does not usually fail to leave the relationship. Unless a shelter is available, she stays with her
56 

readily leave an abusive partner -- poverty, self-blame and guilt arising from the latter's husband, not only because she typically lacks a means of self-support, but also because
belief that she provoked the violence, that she has an obligation to keep the family intact she fears that if she leaves she would be found and hurt even more. 57

at all cost for the sake of their children, and that she is the only hope for her spouse to
change. 49
In the instant case, we meticulously scoured the records for specific evidence
establishing that appellant, due to the repeated abuse she had suffered from her spouse
The testimony of another expert witness, Dr. Pajarillo, is also helpful. He had previously over a long period of time, became afflicted with the battered woman syndrome. We,
testified in suits involving violent family relations, having evaluated "probably ten to however, failed to find sufficient evidence that would support such a conclusion. More
twenty thousand" violent family disputes within the Armed Forces of the Philippines, specifically, we failed to find ample evidence that would confirm the presence of the
wherein such cases abounded. As a result of his experience with domestic violence essential characteristics of BWS.
cases, he became a consultant of the Battered Woman Office in Quezon City. As such,
he got involved in about forty (40) cases of severe domestic violence, in which the The defense fell short of proving all three phases of the "cycle of violence" supposedly
physical abuse on the woman would sometimes even lead to her loss of consciousness. 50
characterizing the relationship of Ben and Marivic Genosa. No doubt there were acute
battering incidents. In relating to the court a quo how the fatal incident that led to the
Dr. Pajarillo explained that "overwhelming brutality, trauma" could result in posttraumatic death of Ben started, Marivic perfectly described the tension-building phase of the cycle.
stress disorder, a form of "anxiety neurosis or neurologic anxietism." After being
51 
She was able to explain in adequate detail the typical characteristics of this stage.
repeatedly and severely abused, battered persons "may believe that they are essentially However, that single incident does not prove the existence of the syndrome. In other
helpless, lacking power to change their situation. x x x [A]cute battering incidents can words, she failed to prove that in at least another battering episode in the past, she had
have the effect of stimulating the development of coping responses to the trauma at the gone through a similar pattern.
expense of the victim's ability to muster an active response to try to escape further
trauma. Furthermore, x x x the victim ceases to believe that anything she can do will How did the tension between the partners usually arise or build up prior to acute
have a predictable positive effect."52
battering? How did Marivic normally respond to Ben's relatively minor abuses? What
means did she employ to try to prevent the situation from developing into the next (more
A study conducted by Martin Seligman, a psychologist at the University of Pennsylvania,
53 
violent) stage?
found that "even if a person has control over a situation, but believes that she does not,
she will be more likely to respond to that situation with coping responses rather than Neither did appellant proffer sufficient evidence in regard to the third phase of the cycle.
trying to escape." He said that it was the cognitive aspect -- the individual's thoughts -- She simply mentioned that she would usually run away to her mother's or father's
that proved all-important. He referred to this phenomenon as "learned helplessness." house; that Ben would seek her out, ask for her forgiveness and promise to change; and
58 

"[T]he truth or facts of a situation turn out to be less important than the individual's set of that believing his words, she would return to their common abode.
beliefs or perceptions concerning the situation. Battered women don't attempt to leave
the battering situation, even when it may seem to outsiders that escape is possible,
Did she ever feel that she provoked the violent incidents between her and her spouse? be imminent and actual, not merely imaginary. Thus, the Revised Penal Code provides
61 

Did she believe that she was the only hope for Ben to reform? And that she was the sole the following requisites and effect of self-defense: 62

support of his emotional stability and well-being? Conversely, how dependent was she
on him? Did she feel helpless and trapped in their relationship? Did both of them regard "Art. 11. Justifying circumstances. -- The following do not incur any criminal
death as preferable to separation? liability:

In sum, the defense failed to elicit from appellant herself her factual experiences and "1. Anyone who acts in defense of his person or rights, provided that the
thoughts that would clearly and fully demonstrate the essential characteristics of the following circumstances concur;
syndrome.
First. Unlawful aggression;
The Court appreciates the ratiocinations given by the expert witnesses for the defense.
Indeed, they were able to explain fully, albeit merely theoretically and scientifically, how Second. Reasonable necessity of the means employed to prevent or repel it;
the personality of the battered woman usually evolved or deteriorated as a result of
repeated and severe beatings inflicted upon her by her partner or spouse. They
Third. Lack of sufficient provocation on the part of the person defending himself."
corroborated each other's testimonies, which were culled from their numerous studies of
hundreds of actual cases. However, they failed to present in court the factual
experiences and thoughts that appellant had related to them -- if at all -- based on which Unlawful aggression is the most essential element of self-defense. It presupposes
63 

they concluded that she had BWS. actual, sudden and unexpected attack -- or an imminent danger thereof -- on the life or
safety of a person. In the present case, however, according to the testimony of Marivic
64 

herself, there was a sufficient time interval between the unlawful aggression of Ben and
We emphasize that in criminal cases, all the elements of a modifying circumstance must
her fatal attack upon him. She had already been able to withdraw from his violent
be proven in order to be appreciated. To repeat, the records lack supporting evidence
behavior and escape to their children's bedroom. During that time, he apparently ceased
that would establish all the essentials of the battered woman syndrome as manifested
his attack and went to bed. The reality or even the imminence of the danger he posed
specifically in the case of the Genosas.
had ended altogether. He was no longer in a position that presented an actual threat on
her life or safety.
BWS as Self-Defense
Had Ben still been awaiting Marivic when she came out of their children's bedroom -- and
In any event, the existence of the syndrome in a relationship does not in itself establish based on past violent incidents, there was a great probability that he would still have
the legal right of the woman to kill her abusive partner. Evidence must still be considered pursued her and inflicted graver harm -- then, the imminence of the real threat upon her
in the context of self-defense.
59
life would not have ceased yet. Where the brutalized person is already suffering from
BWS, further evidence of actual physical assault at the time of the killing is not required.
From the expert opinions discussed earlier, the Court reckons further that crucial to the Incidents of domestic battery usually have a predictable pattern. To require the battered
BWS defense is the state of mind of the battered woman at the time of the offense -- she
60 
person to await an obvious, deadly attack before she can defend her life "would amount
must have actually feared imminent harm from her batterer and honestly believed in the to sentencing her to 'murder by installment.'" Still, impending danger (based on the
65 

need to kill him in order to save her life. conduct of the victim in previous battering episodes) prior to the defendant's use of
deadly force must be shown. Threatening behavior or communication can satisfy the
Settled in our jurisprudence, however, is the rule that the one who resorts to self-defense required imminence of danger. Considering such circumstances and the existence of
66 

must face a real threat on one's life; and the peril sought to be avoided must BWS, self-defense may be appreciated.
We reiterate the principle that aggression, if not continuous, does not warrant self- xxx   xxx   xxx
defense. In the absence of such aggression, there can be no self-defense -- complete or
67 

incomplete -- on the part of the victim. Thus, Marivic's killing of Ben was not completely
68 
Q You referred a while ago to severity. What are the qualifications in terms of
justified under the circumstances. severity of the postraumatic stress disorder, Dr. Pajarillo?

Mitigating Circumstances Present A The severity is the most severe continuously to trig[g]er this post[t]raumatic
stress disorder is injury to the head, banging of the head like that. It is usually the
In any event, all is not lost for appellant. While she did not raise any other modifying very very severe stimulus that precipitate this post[t]raumatic stress disorder.
circumstances that would alter her penalty, we deem it proper to evaluate and appreciate Others are suffocating the victim like holding a pillow on the face, strangulating
in her favor circumstances that mitigate her criminal liability. It is a hornbook doctrine that the individual, suffocating the individual, and boxing the individual. In this
an appeal in a criminal case opens it wholly for review on any issue, including that which situation therefore, the victim is heightened to painful stimulus, like for example
has not been raised by the parties. 69
she is pregnant, she is very susceptible because the woman will not only protect
herself, she is also to protect the fetus. So the anxiety is heightened to the end
From several psychological tests she had administered to Marivic, Dra. Dayan, in her [sic] degree.
Psychological Evaluation Report dated November 29, 2000, opined as follows:
Q But in terms of the gravity of the disorder, Mr. Witness, how do you classify?
"This is a classic case of a Battered Woman Syndrome. The repeated battering
Marivic experienced with her husband constitutes a form of [cumulative] A We classify the disorder as [acute], or chronic or delayed or [a]typical.
provocation which broke down her psychological resistance and natural self-
control. It is very clear that she developed heightened sensitivity to sight of Q Can you please describe this pre[-]classification you called delayed or
impending danger her husband posed continuously. Marivic truly experienced at [atypical]?
the hands of her abuser husband a state of psychological paralysis which can
only be ended by an act of violence on her part."  70
A The acute is the one that usually require only one battering and the individual
will manifest now a severe emotional instability, higher irritability remorse,
Dr. Pajarillo corroborates the findings of Dra. Dayan. He explained that the effect of restlessness, and fear and probably in most [acute] cases the first thing will be
"repetitious pain taking, repetitious battering, [and] repetitious maltreatment" as well as happened to the individual will be thinking of suicide.
the severity and the prolonged administration of the battering is posttraumatic stress
disorder. Expounding thereon, he said:
71 
Q And in chronic cases, Mr. Witness?

"Q What causes the trauma, Mr. Witness? A The chronic cases is this repetitious battering, repetitious maltreatment, any
prolonged, it is longer than six (6) months. The [acute] is only the first day to six
A What causes the trauma is probably the repetitious battering. Second, the (6) months. After this six (6) months you become chronic. It is stated in the book
severity of the battering. Third, the prolonged administration of battering or the specifically that after six (6) months is chronic. The [a]typical one is the
prolonged commission of the battering and the psychological and constitutional repetitious battering but the individual who is abnormal and then become normal.
stamina of the victim and another one is the public and social support available to This is how you get neurosis from neurotic personality of these cases of
the victim. If nobody is interceding, the more she will go to that disorder.... post[t]raumatic stress disorder." 72
Answering the questions propounded by the trial judge, the expert witness clarified that she was eight months pregnant at the time. The attempt on her life was likewise on
further: that of her fetus. His abusive and violent acts, an aggression which was directed at the
79 

lives of both Marivic and her unborn child, naturally produced passion and obfuscation
"Q But just the same[,] neurosis especially on battered woman syndrome x x x overcoming her reason. Even though she was able to retreat to a separate room, her
affects x x x his or her mental capacity? emotional and mental state continued. According to her, she felt her blood pressure rise;
she was filled with feelings of self-pity and of fear that she and her baby were about to
A Yes, your Honor. die. In a fit of indignation, she pried open the cabinet drawer where Ben kept a gun, then
she took the weapon and used it to shoot him.
Q As you were saying[,] it x x x obfuscated her rationality?
The confluence of these events brings us to the conclusion that there was no
considerable period of time within which Marivic could have recovered her normal
A Of course obfuscated." 73

equanimity. Helpful is Dr. Pajarillo's testimony that with "neurotic anxiety" -- a

80 

psychological effect on a victim of "overwhelming brutality [or] trauma" -- the victim

In sum, the cyclical nature and the severity of the violence inflicted upon appellant relives the beating or trauma as if it were real, although she is not actually being beaten
resulted in "cumulative provocation which broke down her psychological resistance and at the time. She cannot control "re-experiencing the whole thing, the most vicious and
natural self-control," "psychological paralysis," and "difficulty in concentrating or the trauma that she suffered." She thinks "of nothing but the suffering." Such reliving
impairment of memory." which is beyond the control of a person under similar circumstances, must have been
what Marivic experienced during the brief time interval and prevented her from
Based on the explanations of the expert witnesses, such manifestations were analogous recovering her normal equanimity. Accordingly, she should further be credited with the
to an illness that diminished the exercise by appellant of her will power without, however, mitigating circumstance of passion and obfuscation.
depriving her of consciousness of her acts. There was, thus, a resulting diminution of her
freedom of action, intelligence or intent. Pursuant to paragraphs 9 and 10 of Article 13
74  75 
It should be clarified that these two circumstances -- psychological paralysis as well as
of the Revised Penal Code, this circumstance should be taken in her favor and passion and obfuscation -- did not arise from the same set of facts.
considered as a mitigating factor.  76

On the one hand, the first circumstance arose from the cyclical nature and the severity of
In addition, we also find in favor of appellant the extenuating circumstance of having the battery inflicted by the batterer-spouse upon appellant. That is, the repeated beatings
acted upon an impulse so powerful as to have naturally produced passion and over a period of time resulted in her psychological paralysis, which was analogous to an
obfuscation. It has been held that this state of mind is present when a crime is committed illness diminishing the exercise of her will power without depriving her of consciousness
as a result of an uncontrollable burst of passion provoked by prior unjust or improper acts of her acts.
or by a legitimate stimulus so powerful as to overcome reason. To appreciate this
77 

circumstance, the following requisites should concur: (1) there is an act, both unlawful
The second circumstance, on the other hand, resulted from the violent aggression he
and sufficient to produce such a condition of mind; and (2) this act is not far removed
had inflicted on her prior to the killing. That the incident occurred when she was eight
from the commission of the crime by a considerable length of time, during which the
months pregnant with their child was deemed by her as an attempt not only on her life,
accused might recover her normal equanimity. 78

but likewise on that of their unborn child. Such perception naturally produced passion
and obfuscation on her part.
Here, an acute battering incident, wherein Ben Genosa was the unlawful aggressor,
preceded his being killed by Marivic. He had further threatened to kill her while dragging
Second Legal Issue:
her by the neck towards a cabinet in which he had kept a gun. It should also be recalled
 Treachery A Yes, sir.

There is treachery when one commits any of the crimes against persons by employing Q What is there in the drawer?
means, methods or forms in the execution thereof without risk to oneself arising from the
defense that the offended party might make. In order to qualify an act as treacherous,
81 
A I was aware that it was a gun.
the circumstances invoked must be proven as indubitably as the killing itself; they cannot
be deduced from mere inferences, or conjectures, which have no place in the COURT INTERPRETER
appreciation of evidence. Because of the gravity of the resulting offense, treachery must
82 

be proved as conclusively as the killing itself.

83

(At this juncture the witness started crying)

Ruling that treachery was present in the instant case, the trial court imposed the penalty
ATTY. TABUCANON:
of death upon appellant. It inferred this qualifying circumstances merely from the fact that
the lifeless body of Ben had been found lying in bed with an "open, depressed, circular"
fracture located at the back of his head. As to exactly how and when he had been fatally Q Were you actually brought to the drawer?
attacked, however, the prosecution failed to establish indubitably. Only the following
testimony of appellant leads us to the events surrounding his death: A Yes, sir.

"Q You said that when Ben came back to your house, he dragged you? How did Q What happened when you were brought to that drawer?
he drag you?
A He dragged me towards the drawer and he was about to open the drawer but
COURT: he could not open it because he did not have the key then he pulled his wallet
which contained a blade about 3 inches long and I was aware that he was going
The witness demonstrated to the Court by using her right hand flexed to kill me and I smashed his arm and then the wallet and the blade fell. The one
forcibly in her front neck) he used to open the drawer I saw, it was a pipe about that long, and when he
was about to pick-up the wallet and the blade, I smashed him then I ran to the
other room, and on that very moment everything on my mind was to pity on
A And he dragged me towards the door backward.
myself, then the feeling I had on that very moment was the same when I was
admitted in PHILPHOS Clinic, I was about to vomit.
ATTY. TABUCANON:
COURT INTERPRETER
Q Where did he bring you?
(The witness at this juncture is crying intensely).
A Outside the bedroom and he wanted to get something and then he kept on
shouting at me that 'you might as well be killed so there will be nobody to nag
xxx   xxx   xxx
me'
Q You said that he dropped the blade, for the record will you please describe this
Q So you said that he dragged you towards the drawer?
blade about 3 inches long, how does it look like?
A Three (3) inches long and ½ inch wide. COURT INTERPRETER:

Q It is a flexible blade? (Upon the answer of the witness getting the pipe and smashed him, the
witness at the same time pointed at the back of her neck or the nape).
A It's a cutter.
ATTY. TABUCANON:
Q How do you describe the blade, is it sharp both edges?
Q You said you went to the room, what else happened?
A Yes, because he once used it to me.
A Considering all the physical sufferings that I've been through with him, I took
Q How did he do it? pity on myself and I felt I was about to die also because of my blood pressure
and the baby, so I got that gun and I shot him.
A He wanted to cut my throat.
COURT
Q With the same blade?
/to Atty. Tabucanon
A Yes, sir, that was the object used when he intimidate me.
Q You shot him?
ATTY. TABUCANON:
A Yes, I distorted the drawer." 84

Q You said that this blade fell from his grip, is it correct?
The above testimony is insufficient to establish the presence of treachery. There is no
A Yes, because I smashed him. showing of the victim's position relative to appellant's at the time of the shooting.
Besides, equally axiomatic is the rule that when a killing is preceded by an argument or a
quarrel, treachery cannot be appreciated as a qualifying circumstance, because the
Q What happened?
deceased may be said to have been forewarned and to have anticipated aggression from
the assailant.
85

A Ben tried to pick-up the wallet and the blade, I pick-up the pipe and I smashed
him and I ran to the other room.
Moreover, in order to appreciate alevosia, the method of assault adopted by the
aggressor must have been consciously and deliberately chosen for the specific purpose
Q What else happened? of accomplishing the unlawful act without risk from any defense that might be put up by
the party attacked. There is no showing, though, that the present appellant intentionally
86 

A When I was in the other room, I felt the same thing like what happened before chose a specific means of successfully attacking her husband without any risk to herself
when I was admitted in PHILPHOS Clinic, I was about to vomit. I know my blood from any retaliatory act that he might make. To the contrary, it appears that the thought
pressure was raised. I was frightened I was about to die because of my blood of using the gun occurred to her only at about the same moment when she decided to kill
pressure. her batterer-spouse. In the absence of any convincing proof that she consciously and
deliberately employed the method by which she committed the crime in order to ensure While our hearts empathize with recurrently battered persons, we can only work within
its execution, this Court resolves the doubt in her favor.
87
the limits of law, jurisprudence and given facts. We cannot make or invent them. Neither
can we amend the Revised Penal Code. Only Congress, in its wisdom, may do so.
Proper Penalty
The Court, however, is not discounting the possibility of self-defense arising from the
The penalty for parricide imposed by Article 246 of the Revised Penal Code is reclusion battered woman syndrome. We now sum up our main points. First, each of the phases of
perpetua to death. Since two mitigating circumstances and no aggravating circumstance the cycle of violence must be proven to have characterized at least two battering
have been found to have attended the commission of the offense, the penalty shall be episodes between the appellant and her intimate partner. Second, the final acute
lowered by one (1) degree, pursuant to Article 64 of paragraph 5 of the same
88  battering episode preceding the killing of the batterer must have produced in the battered
Code. The penalty of reclusion temporal in its medium period is imposable, considering
89  person's mind an actual fear of an imminent harm from her batterer and an honest belief
that two mitigating circumstances are to be taken into account in reducing the penalty by that she needed to use force in order to save her life. Third, at the time of the killing, the
one degree, and no other modifying circumstances were shown to have attended the batterer must have posed probable -- not necessarily immediate and actual -- grave
commission of the offense. Under the Indeterminate Sentence Law, the minimum of the
90  harm to the accused, based on the history of violence perpetrated by the former against
penalty shall be within the range of that which is next lower in degree -- prision mayor -- the latter. Taken altogether, these circumstances could satisfy the requisites of self-
and the maximum shall be within the range of the medium period of reclusion temporal. defense. Under the existing facts of the present case, however, not all of these elements
were duly established.
Considering all the circumstances of the instant case, we deem it just and proper to
impose the penalty of prision mayor in its minimum period, or six (6) years and one (1) WHEREFORE, the conviction of Appellant Marivic Genosa for parricide is
day in prison as minimum; to reclusion temporal in its medium period, or 14 years 8 hereby AFFIRMED. However, there being two (2) mitigating circumstances and no
months and 1 day as maximum. Noting that appellant has already served the minimum aggravating circumstance attending her commission of the offense, her penalty
period, she may now apply for and be released from detention on parole. 91 is REDUCED to six (6) years and one (1) day of prision mayor as minimum; to 14 years,
8 months and 1 day of reclusion temporal as maximum.
Epilogue
Inasmuch as appellant has been detained for more than the minimum penalty hereby
Being a novel concept in our jurisprudence, the battered woman syndrome was neither imposed upon her, the director of the Bureau of Corrections may
easy nor simple to analyze and recognize vis-à-vis the given set of facts in the present immediately RELEASE her from custody upon due determination that she is eligible for
case. The Court agonized on how to apply the theory as a modern-day reality. It took parole, unless she is being held for some other lawful cause. Costs de oficio.
great effort beyond the normal manner in which decisions are made -- on the basis of
existing law and jurisprudence applicable to the proven facts. To give a just and proper SO ORDERED.
resolution of the case, it endeavored to take a good look at studies conducted here and
abroad in order to understand the intricacies of the syndrome and the distinct personality
of the chronically abused person. Certainly, the Court has learned much. And definitely,
the solicitor general and appellant's counsel, Atty. Katrina Legarda, have helped it in
such learning process.
 On appeal is the Decision1 of the Court of Appeals dated 15 February 2006,
affirming the Judgment2 of the Regional Trial Court (RTC) of Bauang, La Union,
Branch 67 dated 15 October 1997 finding Rufino Umanito (appellant) guilty
beyond reasonable doubt of the crime of rape, sentencing him to suffer the
penalty of reclusion perpetua and ordering him to indemnify the private
complainant in the sum of ₱50,000.00.3

On 9 January 1990, appellant was charged with the crime of rape in a Criminal
Complaint4 which reads:

That on or about 9:00 P.M. of July 15, 1989, at Brgy[.] Daramuangan,

Municipality of Naguilian, Province of La Union, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused who was armed
with a fan knife and by means of force and threats, did then and there willfully,
unlawfully and feloniously succeeded in having a sexual intercourse to [sic] the
undersigned who is unmarried woman of good reputation, a woman who is over
12 but below 18 years old [sic] of age, to the damage and prejudice of the
offended party.

CONTRARY TO LAW.5

It was only five (5) years later, or sometime in 1995, that appellant was arrested.
It took place when he went to the Municipal Hall of Naguilian to secure a police
clearance.

G.R. No. 172607               October 26, 2007 On arraignment, appellant pleaded not guilty.

PEOPLE OF THE PHILIPPINES, Appellee, The appellate court’s chronicle of the facts is as follows:
vs.
RUFINO UMANITO, Appellant. It was around 9:00 o’clock in the evening of July 15, 1989, while on her way to
her grandmother’s home, when private complainant [AAA]6 was accosted by a
RESOLUTION young male. It was only

TINGA, J.:
later when she learned the name of accused-appellant UMANITO. She ₱50,000.00.11 In so doing, the court a quo held that the discrepancies in AAA’s
recounted that accused-appellant UMANITO waited for her by the creek, and testimony did not impair her credibility. Despite some inconsistencies in her
then with a knife pointed at [AAA]’s left side of the [sic] abdomen, he forced her statement, the RTC observed that AAA’s demeanor on the witness stand did not
to give in to his kisses, to his holding her breasts and stomach, and to his pulling indicate any falsehood in her narration.12
her by the arm to be dragged to the Home Economics Building inside the
premises of the Daramuangan Elementary School where accused-appellant The trial court likewise rejected appellant’s defense of alibi, ruling that he did not
UMANITO first undressed her [AAA] and himself with his right hand while he still prove that it was physically impossible for him to be at the scene of the crime
clutched the knife menacingly on his left hand. Private complainant [AAA] given the testimonies that he and complainant were residing in the same barrio.13
recounted that she could not shout because she was afraid. She further
recounted that accused-appellant UMANITO laid her down on a bench, 4 meters Pursuant to our ruling in People v. Mateo,14 appellant’s appeal before us was
long and 24 inches wide, set the knife down, then mounted her, inserting his transferred to the Court of Appeals for intermediate review. On 15 February
penis into her [AAA’s] vagina and shortly thereafter, accused-appellant 2006, the appellate court affirmed the challenged decision. Finding AAA to be a
UMANITO dressed up and threatened [AAA] while poking the knife at her neck, credible witness, the Court of Appeals agreed with the trial court that the
not to report the incident to the police or else he said he would kill her. Accused- inconsistencies in her statements were too trivial and inconsequential to impair
appellant UMANITO then left, while the victim [AAA] went on to her the credibility of her testimony.15
grandmother’s house and she noticed that it was already around 1:00 o’clock in
the morning when she reached there. In this appeal, appellant seeks his acquittal on reasonable doubt by reason of the
belated filing of the case against him and the questionable credibility of AAA with
In January 1990, 6 months after the incident, private complainant [AAA’s] mother, respect to her varying allegations.
[BBB],7 noticed the prominence on [AAA]’s stomach. It was only then when the
victim, private complainant [AAA], divulged to her mother the alleged rape and Appellant asserts that the court a quo erred in giving full faith and credence to the
told her the details of what had happened in July, [sic] 1989. After hearing private testimony of the complaining witness and in not acquitting him on reasonable
complainant [AAA]’s story, her mother brought her to the police station.8 doubt. He avers that apparently AAA filed the complaint against him only upon
the prodding of her mother.16 This aspect, appellant insists, negates AAA’s claim
Appellant’s version on the stand was different. Denying the accusations of AAA, that he was the one who raped her but rather supports his assertion that the
he claimed that on 15 July 1989, he was home the whole day, helping his family sexual congress AAA engaged in was with another man, her real lover who was
complete rush work on picture frames ordered from Baguio. He did not step out married to another woman.17 Appellant further puts in issue the long delay in
of their house on the evening in question, he added.9 Concerning his relationship AAA’s filing of the complaint.18
with AAA, appellant admitted that he had courted her but she spurned him. He
conjectured, though, that AAA had a crush on him since she frequently visited Appellant capitalizes on the alleged serious inconsistencies in AAA’s assertions,
him at his house.10 and further characterizes her actions and contentions as incredible and
unnatural.19 In particular, appellant highlights AAA’s contradictory declarations on
Finding that the prosecution had proven appellant’s guilt beyond reasonable when she met appellant and the nature of their relationship. He also alludes to
doubt, the RTC rendered judgment against him and sentenced him to suffer the AAA’s purportedly inconsistent statements on whether it was appellant or she
penalty of reclusion perpetua and to indemnify AAA in the sum of herself, upon his orders, who took off her clothes. Finally, appellant points out the
supposedly conflicting assertions of AAA on whether it was at the creek or in the evidence. It can aid immensely in determining a more accurate account of the
school building that he kissed her face and other parts of her body. crime committed, efficiently facilitating the conviction of the guilty, securing the
acquittal of the innocent, and ensuring the proper administration of justice in
Once again, this Court is called upon to determine whether the prosecution has every case.24 Verily, as we pointed out in People v. Yatar,25 the process of
successfully met the level of proof needed to find appellant guilty of the crime of obtaining such vital evidence has become less arduous –
rape.
The U.P. National Science Research Institute (NSRI), which conducted the DNA
Among the many incongruent assertions of the prosecution and the defense, the tests in this case, used the Polymerase chain reaction (PCR) amplification
disharmony on a certain point stands out. Appellant, on one hand, testified that method by Short Tandem Repeat (STR) analysis. With PCR testing, tiny
although he had courted AAA, they were not sweethearts. Therefore, this amounts of a specific DNA sequence can be copied exponentially within hours.
testimony largely discounts the possibility of consensual coitus between him and Thus, getting sufficient DNA for analysis has become much easier since it
AAA. On the other, AAA made contradictory allegations at the preliminary became possible to reliably amplify small samples using the PCR method.26
investigation and on the witness stand with respect to the nature of her
relationship with appellant. First, she claimed that she met appellant only on the The ground work for acknowledging the strong weight of DNA testing was first
day of the purported rape; later, she stated that they were actually friends; and laid out in Tijing v. Court of Appeals,27 where the Court said –
still later, she admitted that they were close.20
x x x Parentage will still be resolved using conventional methods unless we adopt
Amidst the slew of assertions and counter-assertions, a happenstance may the modern and scientific ways available. Fortunately, we have now the facility
provide the definitive key to the absolution of the appellant. This is the fact that and expertise in using DNA test for identification and parentage testing. The
AAA bore a child as a result of the purported rape. With the advance in genetics University of the Philippines Natural Science Research Institute (UP-NSRI) DNA
and the availability of new technology, it can now be determined with reasonable Analysis Laboratory has now the capability to conduct DNA typing using short
certainty whether appellant is the father of AAA’s child. If he is not, his acquittal tandem repeat (STR) analysis. The analysis is based on the fact that the DNA of
may be ordained. We have pronounced that if it can be conclusively determined a child/person has two (2) copies, one copy from the mother and the other from
that the accused did not sire the alleged victim’s child, this may cast the shadow the father. The DNA from the mother, the alleged father and child are analyzed to
of reasonable doubt and allow his acquittal on this basis.21 If he is found not to be establish parentage. Of course, being a novel scientific technique, the use of
the father, the finding will at least weigh heavily in the ultimate decision in this DNA test as evidence is still open to challenge. Eventually, as the appropriate
case. Thus, we are directing appellant, AAA and AAA’s child to submit case comes, courts should not hesitate to rule on the admissibility of DNA
themselves to deoxyribonucleic acid (DNA) testing22 under the aegis of the New evidence. For it was said, that courts should apply the results of science when
Rule on DNA Evidence23 (the Rules), which took effect on 15 October 2007, competently obtained in aid of situations presented, since to reject said result is
subject to guidelines prescribed herein. to deny progress. Though it is not necessary in this case to resort to DNA testing,
in future it would be useful to all concerned in the prompt resolution of parentage
DNA print or identification technology is now recognized as a uniquely effective and identity issues.28
means to link a suspect to a crime, or to absolve one erroneously accused,
where biological evidence is available. For purposes of criminal investigation, The leading case of Herrera v. Alba,29 where the validity of a DNA test as a
DNA identification is a fertile source of both inculpatory and exculpatory probative tool to determine filiation in our jurisdiction was put in issue, discussed
DNA analysis as evidence and traced the development of its admissibility in our How is DNA typing performed? From a DNA sample obtained or extracted, a
jurisdiction. Thus: molecular biologist may proceed to analyze it in several ways. There are five (5)
techniques to conduct DNA typing. They are: the RFLP (restriction fragment
DNA is the fundamental building block of a person’s entire genetic make-up. length polymorphism); "reverse dot blot" or HLA DQ a/Pm loci which was used in
DNA is found in all human cells and is the same in every cell of the same person. 287 cases that were admitted as evidence by 37 courts in the U.S. as of
Genetic identity is unique. Hence, a person’s DNA profile can determine his November 1994; mtDNA process; VNTR (variable number tandem repeats); and
identity. the most recent which is known as the PCR-([polymerase] chain reaction) based
STR (short tandem repeats) method which, as of 1996, was availed of by most
DNA analysis is a procedure in which DNA extracted from a biological sample forensic laboratories in the world. PCR is the process of replicating or copying
obtained from an individual is examined. The DNA is processed to generate a DNA in an evidence sample a million times through repeated cycling of a reaction
pattern, or a DNA profile, for the individual from whom the sample is taken. This involving the so-called DNA polymerize enzyme. STR, on the other hand, takes
DNA profile is unique for each person, except for identical twins. We quote measurements in 13 separate places and can match two (2) samples with a
relevant portions of the trial court’s 3 February 2000 Order with approval: reported theoretical error rate of less than one (1) in a trillion.

Everyone is born with a distinct genetic blueprint called DNA (deoxyribonucleic Just like in fingerprint analysis, in DNA typing, "matches" are determined. To
acid). It is exclusive to an individual (except in the rare occurrence of identical illustrate, when DNA or fingerprint tests are done to identify a suspect in a
twins that share a single, fertilized egg), and DNA is unchanging throughout life. criminal case, the evidence collected from the crime scene is compared with the
Being a component of every cell in the human body, the DNA of an individual’s "known" print. If a substantial amount of the identifying features are the same, the
blood is the very DNA in his or her skin cells, hair follicles, muscles, semen, DNA or fingerprint is deemed to be a match. But then, even if only one feature of
samples from buccal swabs, saliva, or other body parts. the DNA or fingerprint is different, it is deemed not to have come from the
suspect.
The chemical structure of DNA has four bases. They are known as A (adenine),
G (guanine), C (cystosine) and T (thymine). The order in which the four bases As earlier stated, certain regions of human DNA show variations between people.
appear in an individual’s DNA determines his or her physical makeup. And since In each of these regions, a person possesses two genetic types called "allele,"
DNA is a double-stranded molecule, it is composed of two specific paired bases, one inherited from each parent. In [a] paternity test, the forensic scientist looks at
A-T or T-A and G-C or C-G. These are called "genes." a number of these variable regions in an individual to produce a DNA profile.
Comparing next the DNA profiles of the mother and child, it is possible to
Every gene has a certain number of the above base pairs distributed in a determine which half of the child’s DNA was inherited from the mother. The other
particular sequence. This gives a person his or her genetic code. Somewhere in half must have been inherited from the biological father. The alleged father’s
the DNA framework, nonetheless, are sections that differ. They are known as profile is then examined to ascertain whether he has the DNA types in his profile,
"polymorphic loci," which are the areas analyzed in DNA typing (profiling, tests, which match the paternal types in the child. If the man’s DNA types do not match
fingerprinting, or analysis/DNA fingerprinting/genetic tests or fingerprinting). In that of the child, the man is excluded as the father. If the DNA types match, then
other words, DNA typing simply means determining the "polymorphic loci." he is not excluded as the father (Emphasis in the original).

xxxx
The 2002 case of People v. Vallejo discussed DNA analysis as evidence. This It is obvious to the Court that the determination of whether appellant is the father
may be considered a 180 degree turn from the Court’s wary attitude towards of AAA’s child, which may be accomplished through DNA testing, is material to
DNA testing in the 1997 Pe Lim case, where we stated that "DNA, being a the fair and correct adjudication of the instant appeal. Under Section 4 of the
relatively new science, x x x has not yet been accorded official recognition by our Rules, the courts are authorized, after due hearing and notice, motu proprio to
courts." In Vallejo, the DNA profile from the vaginal swabs taken from the rape order a DNA testing. However, while this Court retains jurisdiction over the case
victim matched the accused’s DNA profile. We affirmed the accused’s conviction at bar, capacitated as it is to receive and act on the matter in controversy, the
of rape with homicide and sentenced him to death. Supreme Court is not a trier of facts and does not, in the course of daily routine,
conduct hearings.33 Hence, it would be more appropriate that the case be
xxxx remanded to the RTC for reception of evidence in appropriate hearings, with due
notice to the parties.
Vallejo discussed the probative value, not admissibility, of DNA evidence. By
2002, there was no longer any question on the validity of the use of DNA analysis What should be the proper scope of such hearings? Section 4 of the Rules spells
as evidence. The Court moved from the issue of according "official recognition" to out the matters which the trial court must determine, thus:
DNA analysis as evidence to the issue of observance of procedures in
conducting DNA analysis. SEC. 4. Application for DNA Testing Order.–The appropriate court may, at any
time, either motu proprio or on application of any person who has a legal interest
In 2004, there were two other cases that had a significant impact on in the matter in litigation, order a DNA testing. Such order shall issue after due
jurisprudence on DNA testing: People v. Yatar and In re: The Writ of Habeas hearing and notice to the parties upon a showing of the following:
Corpus for Reynaldo de Villa. In Yatar, a match existed between the DNA profile
of the semen found in the victim and the DNA profile of the blood sample given (a) A biological sample exists that is relevant to the case;
by appellant in open court. The Court, following Vallejo’s footsteps, affirmed the
conviction of appellant because the physical evidence, corroborated by (b) The biological sample: (i) was not previously subjected to the type of
circumstantial evidence, showed appellant guilty of rape with homicide. In De DNA testing now requested; or (ii) was previously subjected to DNA
Villa, the convict-petitioner presented DNA test results to prove that he is not the testing, but the results may require confirmation for good reasons;
father of the child conceived at the time of commission of the rape. The Court
ruled that a difference between the DNA profile of the convict-petitioner and the (c) The DNA testing uses a scientifically valid technique;
DNA profile of the victim’s child does not preclude the convict-petitioner’s
commission of rape.30 (d) The DNA testing has the scientific potential to produce new
information that is relevant to the proper resolution of the case; and
The 2004 case of Tecson v. Commission on Elections31 likewise reiterated the
acceptance of DNA testing in our jurisdiction in this wise: "[i]n case proof of (e) The existence of other factors, if any, which the court may consider as
filiation or paternity would be unlikely to satisfactorily establish or would be potentially affecting the accuracy or integrity of the DNA testing.
difficult to obtain, DNA testing, which examines genetic codes obtained from
body cells of the illegitimate child and any physical residue of the long dead
parent could be resorted to."32
The Rule shall not preclude a DNA testing, without need of a prior court order, at (c) The forensic DNA laboratory, including accreditation by any reputable
the behest of any party, including law enforcement agencies, before a suit or standards-setting institution and the qualification of the analyst who
proceeding is commenced.34 conducted the tests. If the laboratory is not accredited, the relevant
experience of the laboratory in forensic casework and credibility shall be
Given our earlier pronouncements on the relevance of the DNA testing, it would properly established; and
be unbecoming of the RTC to conclude otherwise, Section 4 (d) notwithstanding.
The hearing should be confined to ascertaining the feasibility of DNA testing with (d) The reliability of the testing result, as hereinafter provided.
due regard to the standards set in Section 4 (a), (b), (c) and (e) of the Rules.
The provisions of the Rules of Court concerning the appreciation of evidence
Should the RTC find the DNA testing feasible in the case at bar, it shall order the shall apply suppletorily.
same, in conformity with Section 5 of the Rules.35 It is also the RTC which shall
determine the institution36 to undertake the DNA testing and the parties are free SEC. 8. Reliability of DNA testing methodology.–In evaluating whether the DNA
to manifest their comments on the choice of DNA testing center. testing methodology is reliable, the court shall consider the following:

After the DNA analysis is obtained, it shall be incumbent upon the parties who (a) The falsifiability of the principles or methods used, that is, whether the
wish to avail of the same to offer the results in accordance with the rules of theory or technique can be and has been tested;
evidence. The RTC, in evaluating the DNA results upon presentation, shall
assess the same as evidence in keeping with Sections 7 and 8 of the Rules, to (b) The subjection to peer review and publication of the principles or
wit: methods;

SEC. 7. Assessment of probative value of DNA evidence. – In assessing the (c) The general acceptance of the principles or methods by the relevant
probative value of the DNA evidence presented, the court shall consider the scientific community;
following:
(d) The existence and maintenance of standards and controls to ensure
(a) The chain of custody, including how the biological samples were the correctness of data gathered;
collected, how they were handled, and the possibility of contamination of
the samples; (e) The existence of an appropriate reference population database; and

(b) The DNA testing methodology, including the procedure followed in (f) The general degree of confidence attributed to mathematical
analyzing the samples, the advantages and disadvantages of the calculations used in comparing DNA profiles and the significance and
procedure, and compliance with the scientifically valid standards in limitation of statistical calculations used in comparing DNA profiles.
conducting the tests;
The trial court is further enjoined to observe the requirements of confidentiality WHEREFORE, the instant case is remanded to the RTC for reception of DNA
and preservation of the DNA evidence in accordance with Sections 1137 and evidence in accordance with the terms of this Resolution. The RTC is further
1238 of the Rules. directed to report to the Court the results of the proceedings below within sixty
(60) days from receipt hereof.
In assessing the probative value of DNA evidence, the RTC shall consider,
among other things, the following data: how the samples were collected, how SO ORDERED.
they were handled, the possibility of contamination of the samples, the procedure
followed in analyzing the samples, whether the proper standards and procedures
were followed in conducting the tests, and the qualification of the analyst who
conducted the tests.39

Moreover, the court a quo must ensure that the proper chain of custody in the
handling of the samples submitted by the parties is adequately borne in the
records, i.e.: that the samples are collected by a neutral third party; that the
tested parties are appropriately identified at their sample collection appointments;
that the samples are protected with tamper tape at the collection site; that all
persons in possession thereof at each stage of testing thoroughly inspected the
samples for tampering and explained his role in the custody of the samples and
the acts he performed in relation thereto.

In light of the fact that this case constitutes the first known application of the
Rules, the Court is especially interested in monitoring the implementation thereof
in this case, for its guidance and continuing evaluation of the Rules as
implemented. For purposes of supervising the implementation the instant
resolution, the Court designates Deputy Court Administrator Reuben Dela Cruz
(DCA Dela Cruz) to: (a) monitor the manner in which the court a quo carries out
the Rules; and (b) assess and submit periodic reports on said implementation to
the Court. Towards the fulfillment of such end, the RTC is directed to cooperate
and coordinate with DCA Dela Cruz.

A final note. In order to facilitate the execution of this Resolution, though the
parties are primarily bound to bear the expenses for DNA testing, such costs may
be advanced by this Court if needed. G.R. No. L-15853             July 27, 1960
FERNANDO AQUINO, petitioner, On appeal to the Court of Appeals, that court held that there has been excusable
vs. neglect in plaintiff's inability to present the proof of the child's birth, through her
CONCHITA DELIZO, respondent. birth certificate, and for that reason the court a quo erred in denying the motion
for reception of additional evidence. On the theory, however, that it was not
GUTIERREZ DAVID, J.: impossible for plaintiff and defendant to have had sexual intercourse during their
engagement so that the child could be their own, and finding unbelievable
This is a petition for certiorari to review a decision of the Court of Appeals plaintiff's claim that he did not notice or even suspect that defendant was
affirming that of the Court of First Instance of Rizal which dismissed petitioner's pregnant when he married her, the appellate court, nevertheless, affirmed the
complaint for annulment of his marriage with respondent Conchita Delizo. dismissal of the complaint.

The dismissed complaint, which was filed on September 6, 1955, was based on On March 17, 1959, plaintiff filed a motion praying that the decision be
the ground of fraud, it being alleged, among other things, that defendant reconsidered, or, if such reconsideration be denied, that the case be remanded
Conchita Delizo, herein respondent, at the date of her marriage to plaintiff, herein to the lower court for new trial. In support of the motion, plaintiff attached as
petitioner Fernando Aquino, on December 27, 1954, concealed from the latter annexes thereof the following documents:
that fact that she was pregnant by another man, and sometime in April, 1955, or
about four months after their marriage, gave birth to a child. In her answer, 1. Affidavit of Cesar Aquino (Annex A) (defendant's brother-in-law and
defendant claimed that the child was conceived out of lawful wedlock between plaintiff's brother, with whom defendant was living at the time plaintiff met,
her and the plaintiff. courted and married her, and with whom defendant has begotten two
more children, aside from her first born, in common-law relationship)
At the trial, the attorney's for both parties appeared and the court a quo ordered admitting that he is the father of defendant's first born, Catherine Bess
Assistant Provincial Fiscal Jose Goco to represent the State in the proceedings Aquino, and that he and defendant hid her pregnancy from plaintiff at the
to prevent collusion. Only the plaintiff however, testified and the only time of plaintiff's marriage to defendant;
documentary evidence presented was the marriage contract between the parties.
Defendant neither appeared nor presented any evidence despite the reservation 2. Affidavit of defendant, Conchita Delizo (Annex "B") admitting her
made by her counsel that he would present evidence on a later date. pregnancy by Cesar Aquino, her brother-in-law and plaintiff's own brother,
at the time of her marriage to plaintiff and her having hidden this fact from
On June 16, 1956, the trial court — noting that no birth certificate was presented plaintiff before and up to the time of their marriage;
to show that the child was born within 180 days after the marriage between the
parties, and holding that concealment of pregnancy as alleged by the plaintiff 3. Affidavit of Albert Powell (Annex "C") stating that he knew Cesar
does not constitute such fraud sa would annul a marriage — dismissed the Aquino and defendant lived together as husband and wife before
complaint. Through a verified "petition to reopen for reception of additional December 27, 1954, the date of plaintiff's marriage to defendant;
evidence", plaintiff tried to present the certificates of birth and delivery of the child
born of the defendant on April 26, 1955, which documents, according to him, he 4. Birth Certificate of defendant's first born, Catherine Bess Aquino
had failed to secure earlier and produce before the trial court thru excusable showing her date of birth to be April 26, 1955;
negligence. The petition, however, was denied.
 5. Birth Certificate (Annex "D") of Carolle Ann Aquino, the second child of was "naturally plump" or fat as alleged by plaintiff. According to medical
defendant with Cesar Aquino, her brother-in-law; authorities, even on the 5th month of pregnancy, the enlargement of a woman's
abdomen is still below the umbilicus, that is to say, the enlargement is limited to
6. Birth Certificate (Annex "E") of Chris Charibel Aquino, the third child of the lower part of the abdomen so that it is hardly noticeable and may, if noticed,
Cesar Aquino and defendant; and be attributed only to fat formation on the lower part of the abdomen. It is only on
the 6th month of pregnancy that the enlargement of the woman's abdomen
7. Pictures of defendant showing her natural plumpness as early as 1952 reaches a height above the umbilicus, making the roundness of the abdomen
to as late as November, 1954, the November, 1954 photo itself does not more general and apparent. (See Lull, Clinical Obstetrics, p. 122) If, as claimed
show defendant's pregnancy which must have been almost four months by plaintiff, defendant is "naturally plump", he could hardly be expected to know,
old at the time the picture was taken. merely by looking, whether or not she was pregnant at the time of their marriage
more so because she must have attempted to conceal the true state of affairs.
Acting upon the motion, the Court of Appeals ordered the defendant Conchita Even physicians and surgeons, with the aid of the woman herself who shows and
Delizo and Assistant Provincial Fiscal of Rizal, who was representing the gives her subjective and objective symptoms, can only claim positive diagnosis of
Government, to answer the motion for reconsideration, and deferred action on pregnancy in 33% at five months. and 50% at six months. (XI Cyclopedia of
the prayer for new trial until after the case is disposed of. As both the defendant Medicine, Surgery, etc. Pregnancy, p. 10).
and the fiscal failed to file an answer, and stating that it "does not believe the
veracity of the contents of the motion and its annexes", the Court of Appeals, on The appellate court also said that it was not impossible for plaintiff and defendant
August 6, 1959, denied the motion. From that order, the plaintiff brought the case to have had sexual intercourse before they got married and therefore the child
to this Court thru the present petition for certiorari. could be their own. This statement, however, is purely conjectural and finds no
support or justification in the record.
After going over the record of the case, we find that the dismissal of plaintiff's
complaint cannot be sustained. Upon the other hand, the evidence sought to be introduced at the new trial, taken
together with what has already been adduced would, in our opinion, be sufficient
Under the new Civil Code, concealment by the wife of the fact that at the time of to sustain the fraud alleged by plaintiff. The Court of Appeals should, therefore,
the marriage, she was pregnant by a man other than her husband constitutes not have denied the motion praying for new trial simply because defendant failed
fraud and is ground for annulment of marriage. (Art. 85, par. (4) in relation to Art. to file her answer thereto. Such failure of the defendant cannot be taken as
86, par. (3). In the case of Buccat vs. Buccat (72 Phil., 19) cited in the decision evidence of collusion, especially since a provincial fiscal has been ordered of
sought to be reviewed, which was also an action for the annulment of marriage represent the Government precisely to prevent such collusion. As to the veracity
on the ground of fraud, plaintiff's claim that he did not even suspect the of the contents of the motion and its annexes, the same can best be determined
pregnancy of the defendant was held to be unbelievable, it having been proven only after hearing evidence. In the circumstance, we think that justice would be
that the latter was already in an advanced stage of pregnancy (7th month) at the better served if a new trial were ordered.
time of their marriage. That pronouncement, however, cannot apply to the case
at bar. Here the defendant wife was alleged to be only more than four months Wherefore, the decision complained of is set aside and the case remanded to the
pregnant at the time of her marriage to plaintiff. At that stage, we are not court a quo for new trial. Without costs.
prepared to say that her pregnancy was readily apparent, especially since she