People of the Philippines v.

Genosa
GR 135981
Facts: The accused a battered wife for 131! "ears and 8 #onths pre$nant %illed her husband.
&ssue: 'hether or not (') constitute self defence.

*eld: +o, since the accused %illed the victi# while the latter was asleep there could be no
unlawful a$$ression however (') was used to #iti$ate her liabilit".
&t was also discussed that (') has 3 phases -1. the tensionbuildin$ phase, -/. the acute
batterin$ and the -3. the tran0uil period.
1lso it was discussed that (') could be construed as selfdefence when all of the ele#ents
are present,
a. 2ach of the phases of the c"cle of violence #ust be proven to have characteri3ed at
least two batterin$ episodes between the appellant and her inti#ate partner.
b. The final acute batterin$ episode precedin$ the %illin$ of the batterer #ust have
produced in the battered person4s #ind an actual fear of an i##inent har# fro# her
batterer and an honest belief that she needed to use force in order to save her life.
c. 1t the ti#e of the %illin$, the batterer #ust have posed probable not necessaril"
i##ediate and actual $rave har# to the accused, based on the histor" of violence
perpetrated b" the for#er a$ainst the latter.