Case Digest (G.R. No. 135981)
Facts:
In People of the Philippines v. Marivic Genosa, appellant Marivic Genosa y Isidro was charged by an Information dated November 14, 1996, before the Regional Trial Court (RTC) of Ormoc City, Branch 35 (Criminal Case No. 5016-0), with parricide aggravated by treachery and evident premeditation under Article 246 of the Revised Penal Code, as restored by Section 5 of R.A. No. 7659. The Information alleged that on November 15, 1995, in Barangay Bilwang, Isabel, Leyte, Genosa willfully and feloniously attacked and killed her husband, Ben M. Genosa, with a hard, deadly weapon—a metal pipe—that caused a depressed fracture of the occipital bone and severe intracranial hemorrhage, resulting in death. After trial, the RTC promulgated its judgment on September 25, 1998, finding her guilty beyond reasonable doubt and sentencing her to death, with an award of ₱50,000 each as indemnity and moral damages to the heirs of the deceased. Prior to the filing of her appeal brief, Genosa filed an UrgeCase Digest (G.R. No. 135981)
Facts:
- Background of the Case
- Parties and Procedural Posture
- Appellee: People of the Philippines
- Appellant: Marivic Genosa y Isidro
- RTC of Ormoc City, Branch 35, rendered a September 25, 1998 Judgment in Criminal Case No. 5016-0.
- Charged Offense and Trial Court Disposition
- Information (Nov. 14, 1996) charged parricide aggravated by treachery under Article 246 RPC as restored by Sec. 5, RA 7659.
- Allegations: On November 15, 1995, in Barangay Bilwang, Isabel, Leyte, appellant “wilfully, unlawfully and feloniously” attacked her husband, Ben Genosa, with a hard deadly weapon, inflicting multiple cranial fractures and injuries resulting in death.
- RTC Judgment: Found appellant GUILTY beyond reasonable doubt; imposed death penalty; awarded ₱50,000 indemnity and ₱50,000 moral damages to heirs.
- The Urgent Omnibus Motion and State’s Response
- Appellant’s Motion (filed prior to appeal brief)
- Sought exhumation and re-examination of the victim’s body to determine actual cause of death.
- Requested court-appointed psychologists/psychiatrists to assess appellant’s state of mind and introduce “battered woman syndrome” as a form of self-defense.
- Alternatively, prayed for partial re-opening of trial in Metro Manila to admit expert testimony.
- Comment of the Solicitor General (Aug. 22, 2000)
- Objected, arguing no deprivation of appellant’s procedural or substantive due process rights.
Issues:
- Whether exhumation of the victim’s body and re-examination to ascertain cause of death is warranted on appeal.
- Whether appellant should be examined by qualified psychologists or psychiatrists to establish her state of mind (i.e., “battered woman syndrome”) at the time of killing.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)