Case Summary (G.R. No. 135981)
Key Dates
- Offense Committed: November 15, 1995 at Barangay Bilwang, Isabel, Leyte
- Information Filed: November 14, 1996
- RTC Judgment Promulgated: September 25, 1998
- Supreme Court Resolution: September 29, 2000
Applicable Law
- 1987 Philippine Constitution (due process; proof beyond reasonable doubt)
- Revised Penal Code, Article 246 (Parricide)
- Republic Act No. 7659, Section 5 (restoration of death penalty)
Scope of Automatic Review in Capital Cases
Under the 1987 Constitution and relevant statutes, an appeal in a capital case opens the entire record for review. The Supreme Court may examine factual and legal issues not raised below, ensuring that novel defenses—such as battered woman syndrome as a form of self‐defense—receive due consideration on their merits rather than being dismissed on procedural grounds.
Antecedents and Trial Proceedings
The Information alleged that appellant intended to kill her husband, Ben M. Genosa, by first striking him on the back of the head with a metal pipe and then shooting him, resulting in severe intracranial hemorrhage and death. Following arraignment and trial, the RTC found appellant guilty beyond reasonable doubt of parricide aggravated by treachery and imposed the death penalty plus indemnity and moral damages.
Appellant’s Urgent Omnibus Motion
Before filing her appeal brief, Genosa moved for: (1) exhumation of the victim’s body for re-autopsy; (2) psychiatric and psychological examination to determine her state of mind at the time of the killing; and (3) admission of resulting expert reports either in the automatic review or by partial reopening before a lower court in Metro Manila. She maintained that the trial judge erred in rejecting her claim that she had shot, not merely beaten, her husband and in failing to appreciate evidence of repeated spousal abuse as self‐defense.
Issues for Resolution
- Whether exhumation and forensic re-examination of the victim’s body are necessary to determine the cause of death.
- Whether expert psychological or psychiatric evaluation is required to assess the appellant’s state of mind and the applicability of battered woman syndrome as a modifying circumstance.
No Need for Exhumation of the Victim’s Body
The Court held that exhumation is unnecessary and immaterial because appellant admitted the acts of both beating and shooting her husband. The precise mechanism of death should have been established at trial, and the Supreme Court will not receive evidence firsthand when the opportunity to present it originally was available.
Recognition of Battered Woman Syndrome Defense
Genosa’s motion invoked battered woman syndrome—a pattern of fear, helplessness, and perceived inevitability of lethal aggression—as a novel form of self-defense. She offered evidence of prior domestic violence, including medical consultations for injuries and hypertension, and family testimony of recurrent spousal abuse. The Court acknowledged that psychological expert testimony is needed to explain how prolonged abuse may have affected her perception of imminent danger and decision‐making at the time of the killing.
Jurisprudential Support for Expert Examination
Citing People v. Parazo and People v. Estrada, the Court undersc
...continue readingCase Syllabus (G.R. No. 135981)
Facts
- On or about November 15, 1995, in Barangay Bilwang, Municipality of Isabel, Leyte, appellant Marivic Genosa y Isidro, with intent to kill and employing treachery and evident premeditation, assaulted her husband Ben Genosa.
- The assault involved hitting the back of his head with a metal pipe and shooting him, causing a depressed occipital fracture, severe intracranial hemorrhage, and ultimately cardiopulmonary arrest.
- Postmortem findings included cadaveric spasm, advanced decomposition, facial swelling, protruding eyes, lacerations of the brain and meninges, blisters with epidermal shedding, and abdominal distension.
Procedural Antecedents
- The Regional Trial Court of Ormoc City (Criminal Case No. 5016-0, Branch 35) found appellant guilty beyond reasonable doubt of parricide under Article 246 of the Revised Penal Code (as restored by Sec. 5, R.A. No. 7659), with treachery as an aggravating circumstance, and imposed the death penalty.
- The RTC likewise awarded P50,000.00 each for indemnity and moral damages in favor of the victim’s heirs.
- On automatic review, appellant filed an Urgent Omnibus Motion seeking:
- Exhumation and re-examination of the victim’s body to determine the exact cause of death.
- Psychological and psychiatric examinations to establish her state of mind and to invoke the “battered woman syndrome” as a form of self-defense.
- The Solicitor General filed a Comment opposing the motion for lack of any deprivation of due process.
Issues
- Whether the court should order exhumation and autopsy of the victim’s body to ascertain the precise cause of death.
- Whether the appellant should be allowed psychological and psychiatric evaluation to support a battered-woman-syndrome defense and to determine her mental and emotional state at the time of the k