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SUPREME COURT SET TO RULE ON CASE OF BATTERED WIFE
Can a woman charged with killing her husband get an acquittal if she claims to suffer from Battered Woman Syndrome (BWS)? Can she get off the hook without proof that she did it in self-defense as defined by the Revised Penal Code? The Supreme Court is set to decide on the question after it ordered the Office of the Solicitor General (OSG) to comment on the appeal of Rema P. dela Cruz who was convicted of parricide by the Lingayen, Pangasinan, Regional Trial Court. In her appeal, dela Cruz said the lower court failed to appreciate the justifying circumstance of self-defense, claiming that she was a battered wife suffering from BWS when she killed her husband. The SC ordered dela Cruz and the OSG to comment on how Republic Act 9262, known as "An Act Defining Violence Against Women and their Children, Providing for Protective Measure for Victims, Prescribing Penalties there and Other Purposes," would affect her case. RA 9262 clears BWS "victim-survivors" of any criminal and civil liability despite the absence of any element of justifying circumstances of self-defense under the Revised Penal Code. Last January, the SC affirmed the conviction for parricide of Marivic Geneosa but reduced her penalty from death to an indeterminate prison sentence after she anchored her defense for killing her husband on RA 9262. In the Genosa case, the tribunal defined a battered woman as one "who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights." "Battered women include wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice.," the SC said. "Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman," the court added. Source :
http://www.inq7.net/ SALIENT POINTS OF RA 9262 Apart from recognizing the battered woman syndrome, the law now criminalizes, among other things: physical violence (battery), sexual violence, psychological violence, economic abuse (e.g. disallowing spouse or partner to get a job or withholding financial support to put her under the abuser's total control). Stalking included. The law is not limited to married people, nor is it limited to heterosexual relationships. People who are in a live-in relationship, going steady, or those who are merely dating, are also protected by this law. Lesbian partnerships are also covered. There are women who have been, or are being, abused by their lesbian partners. They are also protected by the law. Even survivors of rape are included (e.g. rapist continues to stalk or hound the survivor or, in the event that the rape resulted in pregnancy and birth, her child). Other salient points: (1) If the victim of abuse is pregnant, or if the abuse is done in the presence of the victim's child, penalty will be the maximum prescribed; (2) The victim of the abuse doesn't have to be the one to file a complaint or protection order against the abuser. Anyone—relative, neighbor, friend, social worker, barangay official etc—can file. Violence against women and their children is now a public crime. Anyone with personal knowledge of the abuse can file a complaint; (3) Barangay officials are now obliged to document, report and intervene in cases of abuse, and file a complaint or protection order. (If there's an abuse, and they don't document and report, there's a P10,000 fine.) Mediation is no longer expected of them because based on experience, mediation is disadvantageous to the abused; (4) There's a prescriptive period of 10 to 20 years; (5) Among others, protection orders can prohibit the abuser from inflicting any further abuse and harassment. POs also allow the temporary or permanent removal and exclusion of the abuser from the residence, regardless of ownership. Violators will be fined from P5,000 to P50,000 or imprisonment of 6 months; (6) Being drunk, on drugs cannot be considered a defense by the abuser; (7) All records are deemed confidential. The abuse victims right to privacy will be respected. Violators of this provision will be penalized 1 year imprisonment or fined P500,000. THE MANILA TIMES FEATURE:
MY fascination with the Internet started when it opened a door for me to enter a world of websites. It was an unendingly exciting trip, as I browsed websites containing various items of interest, from information to entertainment. A couple of months back, however, a friend invited me to browse a very interesting website. It was unique in the fact that it was dedicated to create increased awareness on the plight of women, especially victims of domestic violence. Femalebattle.net site was launched in November 2003 to inspire, inform, educate and empower women on life and its daily challenges. It serves as an avenue for support regarding various issues women face today. As its tagline aptly says, “Because life is a battlefield.” The site aims to give out information and inspiration to all women on issues and concerns that affect their lives as mother, wife, daughter, friend, and a social individual. It aspires to be an avenue for women to share their experiences, opinions, beliefs, inspirations, talents, and skills that could assist other women in their daily battle in life. The website starts with a homepage, which is a news feature section containing articles relating to battered women. The first news feature mentions the Senate developments in addressing the plight of battered women. As expected, two women senators—Dr. Loi Ejercito-Estrada and Vice Presidential candidate Sen. Loren Legarda—are heavily featured, since both solons took the legislative forefront in championing the cause of battered women. The news section proceeds with an article that defines what a battered woman is. The last articles of the news feature section dwell more on the figures on how many Filipino women are subject to abuse in one form or another. The figures were based on a survey made by the Social Weather Station. I found this to be quite disturbing, considering the high figure (2.16 million) reflected. Up until the time I have started browsing the website, I have never had any idea on the magnitude of the troubles battered women go through. The pages that followed the home page offered assistance to battered women. The Legal Chat page featured a dilemma from a single mother and a legal advisory from a woman lawyer, Atty. Jeanie Pulido in taking the initial steps to address her situation. Attorney Pulido has actually been an invaluable contributor to the website as she continues to provide legal assistance to inquiries from women. The Health page addressed one issue concerning a woman’s health: breast cancer. It mentions the factors that can cause it, the treatment that can be performed on it and check diagnostics for determining if it present. The Relationships page provided an interaction where browsers get to express their reaction on some issues raised. At the time of my browsing, the issue was if it is possible for one man to fall in love with more than one woman at a time. As expected, most of the women who posted did not buy the concept of one man falling for two women. A big step in a battered woman’s life would be letting go of her partner who continues to abuse her. While the Church does not favor divorce, it does understand that unions are no longer bonding in the face of continued abuse. In such unions, the Church recognizes that they were never valid in the first place and therefore can be declared null and void. The Domestic Violence page describes situations where marriage unions can be annulled, and the steps that can be taken towards it. This is to allow a battered partner with a chance to move on with their lives. To say that a battered woman’s life is difficult is an understatement. The calm after the storm would ironically provide a battered woman with a more uphill struggle in her life. Questions like “How do I move on with my career?,” “How do I fulfill my duties as a single working parent” or “Now that I have made the decision to move on, who can I turn to for counseling?” do not provide easy answers. While the website does not offer solutions to all these, it does provide pages of resources for the battered woman in her struggle. The Career page offers advises for women moving on with her work life. While it does not offer tips in moving up the corporate ladder, it does give tips in placing order in her life that she will need in resuming her work career. The Parenting page offers hope that there is fulfillment, even as a single parent. The Religion and Literary sections addresses spiritual needs and the Hotline sections contain a listing of directories for government agencies to assist battered women. However, not all items were hopeful in nature. The Editorial section mentioned an abused woman who seemed to be resigned to her situation and still stick it out to her man who continues to abuse her. Somehow, I could not grasp the logic of her decision. Time and time again, love has been described as being “blind.” However, going through the Editorial section again and again made me think that love is not stupid. After going through each page of the femalebattle.net, I came to realize that the website did more than inform me. I was able to comprehend the magnitude of the reality of women being abused. In the end, the credit that can be given to the femalebattle website, ably handled by Phylline V. Comia as editor, is not just the assistance it tries to extend to battered women, but more on making people see the reality battered women go through and the awareness that there is hope for them. When I started surfing the web, I was worried that with all information overload, I would become jaded. Little did I know, femalebattle would still rile up my sympathy for battered women. The Manila Times Sunday, March 28, 2004 Jun Dolor is presently connected with the
University of Santo Tomas as its Webmaster. You may send your feedback
to his article via his e-mail addresses: jldolor@mal.ust.edu.ph
or jundolor@yahoo.com.
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