Battered Woman Syndrome

Question 1

a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do something he wants her to do without concern for her rights.

Answer 1

BATTERED WIFE

Question 2

What are the cycles of violence in BWS?

Answer 2

Tension Building Stage
Acute Battering Incident
Tranquil or loving phase

Question 3

where minor battering occurs

Answer 3

Tension Building Stage

Question 4

characterized by brutality, destructiveness and death

Answer 4

Acute Battering Incident

Question 5

The batterer shows loving caring nurture to the victim

Answer 5

Tranquil or loving phase

Question 6

are those grounds for exemption from punishment because there is wanting/missing in the agent of the crime any of the conditions which make the act voluntary or negligent

Answer 6

EXEMPTING CIRCUMSTANCES

Question 7

QUICK ENUMERATION OF EXEMPTING CIRCUMSTANCES

Answer 7

1. Imbecility; Insanity
2. A person under 9
3. A person over 9 and under 15 unless he has acted with discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

Question 8

unless the latter has acted during a lucid interval.

Answer 8

IMBECILITY OR INSANITY

Question 9

A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Repealed by RA 9344

Answer 9

MINORITY

Question 10

Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

Answer 10

ACCIDENT

Question 11

Any person who act under the compulsion of irresistible force

Answer 11

IRRESISTIBLE FORCE

Question 12

Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury

Answer 12

UNCONTROLABLE FEAR

Question 13

Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause

Answer 13

LAWFUL OR INSUPERABLE CAUSE

Question 14

A person advanced in age but has a mental capacity equivalent to that of a child between 2 to 7 years old, which makes him exempted from criminal liability

Answer 14

IMBECILE

Question 15

One which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment.

Answer 15

INSANITY

Question 16

the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts.

Answer 16

DISCERNMENT

Question 17

a force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as such incapable of committing a crime

Answer 17

IRRESISTIBLE FORCE

Question 18

presupposes that the accused is compelled by means of threat or intimidation by a third person to commit a crime

Answer 18

UNCONTROLLABLE FEAR

Question 19

This refers to some motive which has lawfully, morally, or physically prevented one to do what the law commands

Answer 19

LAWFUL OR INSUPERABLE CAUSE

Question 20

Those where the act of a person is technically a crime, but because of public policy, there is no penalty imposed.

Answer 20

ABSOLUTORY CAUSES

Question 21

ENUMERATION OF ABSOLUTORY CAUSES UNDER THE RPC

Answer 21

1. Art 247. Death or physical injuries under exceptional circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation

Question 22

One which takes place when a peace officer induces a person to commit a crime. Without the inducement, the crime would not be committ exempts one from criminal liability.

Answer 22

Instigation

Question 23

Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his plans

Answer 23

ENTRAPMENT

Question 24

Here, the police practically induces the accused into the commission of the offense and he himself becomes a co principal in the crime.

Answer 24

INSTIGATION

Question 25

The intent to violate the law originated from the accused himself.

Answer 25

ENTRAPMENT

Question 26

The intent to violate the law did not originate from the accused as he was induced only by the police to perform a criminal act

Answer 26

INSTIGATION

Question 27

Not an absolutory cause hence does not exempt from criminal liability

Answer 27

ENTRAPMENT

Question 28

Those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty.

Answer 28

MITIGATING CIRCUMSTANCES