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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE
- During the tension-building phase, minor battering occurs — it could be verbal or slight physical abuse or another form of hostile behavior.
- The acute battering incident is said to be characterized by brutality, destructiveness and, sometimes, death.
- During the tranquil period, the couple experience profound relief.
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-headed and persistent. She has higher sensitivity and her ‘self-world’ is damaged. (People vs. Genosa, G.R. No. 135981, January 15, 2004)
What is battery?
The law says:
“Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress. (Section 3(b), Republic Act No. 9262)
What is the Battered Woman Syndrome?
The law says:
“Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. (Section 3(c), R.A. No. 9262)
The battered women syndrome is characterized by the so-called “cycle of violence” which has three phases.
Jurisprudence says:
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 battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase. (People vs. Genosa, G.R. No. 135981, January 15, 2004)
What is the tension-building phase?
Jurisprudence says:
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 batterer through a show of kind, nurturing behavior; or by simply staying out of his way. What actually happens is that she allows herself to be abused in ways that, to her, are comparatively minor. All she wants is to prevent the escalation of the violence exhibited by the batterer. This wish, however, proves to be double-edged, because her “placatory” and passive behavior legitimizes his belief that he has the right to abuse her in the first place. (People vs. Genosa, G.R. No. 135981, January 15, 2004)
What is the acute battering incident?
Jurisprudence says:
The acute battering incident is said to be characterized by brutality, destructiveness and, sometimes, death. The battered woman deems this incident as unpredictable, yet also inevitable. During this phase, she has no control; only the batterer may put an end to the violence. Its nature can be as unpredictable as the time of its explosion, and so are his reasons for ending it. The battered woman usually realizes that she cannot reason with him, and that resistance would only exacerbate her condition. (People vs. Genosa, G.R. No. 135981, January 15, 2004)
What is the tranquil, loving, (or, at least, nonviolent) phase?
Jurisprudence says:
During this tranquil period, the couple experience profound relief. On the one hand, the batterer may show a tender and nurturing behavior towards his partner. He knows that 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 convince herself that the battery will never happen again; that her partner will change for the better; and that this “good, gentle and caring man” is the real person whom she loves. (People vs. Genosa, G.R. No. 135981, January 15, 2004)
What is the importance of knowing whether a woman is suffering from battered women syndrome?
Victim survivors of battered women syndrome do not incur any criminal and civil liability notwithstanding the elements of the justifying circumstance of self-defense under the Revised Penal Code.
The law says:
SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. (Section 26, R.A. No. 9262)
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