Practice question
A victim-survivor prosecuted for an act against an abuser is found by the court, with the statutory expert assistance, to have been suffering from battered woman syndrome at the relevant time. The prosecutor insists Section 26 cannot apply unless every ordinary self-defense element is also present. Which is correct?
- Every self-defense element remains an absolute prerequisite to Section 26.
- Section 26 expressly recognizes the defense notwithstanding absence of any self-defense element, subject to the required judicial finding.
- Any unsupported assertion of abuse automatically proves the defense.
- The defense is established solely by the accused's preferred label.
- Section 26 concerns only employment benefits.
Legal references
- RA 9262, Sections 3–6 and 24–27: https://lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
- Acharon v People, G.R. No. 224946, November 9, 2021, en banc main decision, willful financial denial and distinct Sections 5(e) and 5(i): https://lawphil.net/judjuris/juri2021/nov2021/gr_224946_2021.html
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