LEGAL AND CONCEPTUAL FRAMEWORK OF BATTERED
FEMALE SYNDROME AS BEING A DEFENSE 5.
Maria Rowena Amelia Versus. Guanzon**
My spouse and i. INTRODUCTION
In September 2011, a woman named Shiela Macapugay hid a. 38 caliber gun in the lining of her carrier that was undetected by the security in the mall in which her husband was working. She dismissed a perilous shot by her spouse and in her attempt to eliminate herself quickly thereafter, also killed the security guard who also tried to prevent her via committing committing suicide. 1
The demise of Macapugay's spouse was not a simple but prevalent occurrence. Her husband left behind her and the child to be with another woman, and denied them of support. These are acts of violence against women safeguarded by Republic Act Number 9262, normally known as the Anti-Violence * A paper at first delivered in the Experts' Conference on Battered Woman Affliction as a Emotional Concept and a Legal Security sponsored by the Women's Crisis Center, Incorporation. and the Canadian International Creation Agency in Innotech, Quezon City, August 9, june 2006. It has been modified and up to date for syndication. Cite since Rowena Versus. Guanzon, Legal and Conceptual Framework of Battered Girl Syndrome like a Defense, eighty six Phil M. J. you (page cited) (2011) ** Atty. Rowena V. Guanzon (U. P. Law ' 84) provides a degree of Expert in Public Supervision from Harvard University (1995). She is a litigation legal professional known in the pioneer filed of gender discrimination which includes violence against women. Formerly a Gran of Cadiz City, Atty. Guanzon is a faculty part of the University of the Korea College of Law and Officer-in-Charge from the U. G. Law Middle Institute for the Supervision of Proper rights. She authored Engendering the Philippine Judiciary, The Davide Court: The Contributions to Gender and Women's Legal rights, and the Anti-Violence Against Women and Their Children Act. In exploring for this daily news, she was assisted simply by Marcrese C. Banaag, Maria Graciela M. Base, Celeni Kristine G. Guinto, and Paula Pelaez Plaza. you Penelope Endozo, Woman scorned kills partner, Phil. Daily Inquirer, Sept. 14, 2011, available at http://newsinfo.inquirer.net/59455/woman-scorned-kills-husband.
BATTERED WOMEN SYNDROME AS A SECURITY
Against Women and Kids Act of 2004. Sheila Macapugay is currently facing fees of both equally parricide and murder intended for the misfortune. If convicted, she will suffer a fate of imprisonment, reclusion perpetua. Fortunately, due to RA 9262, she has a defense obtainable. Her suggest may present evidence that she was suffering from Battered Woman Symptoms (BWS), a justifying circumstances under RA 9262.
Particularly, years ago before there was RA 9262, a policewoman, who had been battered by her spouse, shot him. She pleaded guilty, and years later, was released on parole. These kinds of case would have been a good test out case for BWS as a security but there were no RA 9262 after that.
This daily news will go over the legal concepts, and also the issues and problems of BWS as being a legal protection, and the function of psychiatrists, psychologists, barangay officials and counselors. Macapugay's case has become witnessed simply by society and jurisprudence as time immemorial, now, it is a very good test case to use the innovations produced in RA 9262.
2. THE BATTERED WOMAN AFFLICTION (BWS)
A. Legislative Record
RA 9262, 2 normally known as the Anti-VAWC Act, was passed following almost a decade of proposal by can certainly groups, survivors of violence, and typically female legislators. In the House of Representatives (HOR), two charges on home violence had been passed, which usually shows the diversity of women's groupings. One expenses provided for safety of women in intimate relationships only, while the other, the Anti-Domestic Violence Bill, offered protection to both men and women whom are patients of domestic violence along with household members. Inside the 2 Took effect on March 27, 2004. The first case recorded under this kind of law is a Petition to get Temporary and Permanent Safety Order in Melissa Mercado-Martel versus Robert Puyat...
Cited: by Myrna Feliciano, The Battered Woman/Child Syndrome,
a lecture shipped in the PWJA Convention, Manila Hotel in March some, 2004.
My spouse and i LUIS REYES, THE MODIFIED PENAL CODE CRIMINAL LEGISLATION 320-322, (2008 ed. ).
27 Discover Rowena Guanzon, Lucid Time period, Philippine Daily Inquirer, January 31, 2005 for the
history and rationale of the provision on BWS.
28 Representative. Act No . 9262, В§26 (2004).