Case: People vs.

Genosa
G.R. No.: 135981
Date: January 15, 2004

FACTS:
Marivic Genosa, the appellant, on November 15, 1995, attacked and wounded his
husband which ultimately led to his death. According to the appellant, she did not provoke her
husband when she got home that night and it was her husband who began the provocation. The
appellant said she was frightened that her husband would hurt her and she wanted to make sure
she would deliver her baby safely.

The appellant, after being interviewed by specialist, has been shown to be suffering from
Battered Woman Syndrome. The appellant with a plea of self-defense admitted the killing of her
husband. She was found guilty of the crime of parricide, with the aggravating circumstance of
treachery, for the husband was attacked while asleep.

ISSUES:

1. Whether appellant acted in self-defense and in defense of her fetus.

2. Whether treachery attended the killing of Ben Genosa.

RULINGS:

1. No. The court reiterates the principle that aggression, if not continuous, does not warrant
self-defense. In the absence of such aggression, there can be no self-defense -- complete
or incomplete -- on the part of the victim. Thus, Marivic’s killing of Ben was not completely
justified under the circumstances. Marivic can further be credited with the mitigating
circumstance of passion and obfuscation.
2. No. It is in the rule that when a killing is preceded by an argument or a quarrel, treachery
cannot be appreciated as a qualifying circumstance, because the deceased may be said
to have been forewarned and to have anticipated aggression from the assailant.