- Statute
- Anti-VAWC Act (RA 9262)
- Article
- Sec. 26
- Topic
- Battered-Woman Syndrome as a complete defense
- Year
- 2004
The provision
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.
In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/psychologists.
Key points
Section 26 of the Anti-Violence Against Women and Their Children Act (Republic Act No. 9262) recognizes Battered Woman Syndrome as a defense. Victim-survivors found by the courts to be suffering from the syndrome do not incur criminal or civil liability, notwithstanding the absence of any element of the justifying circumstance of self-defense under the Revised Penal Code.
In determining the woman's state of mind at the time of the act, the courts are assisted by expert psychiatrists or psychologists. The provision modifies the ordinary requisites of self-defense for qualified cases and is read with the Revised Penal Code rules on justifying circumstances.