Practice question
A court, with the specified expert assistance, finds that a victim-survivor was suffering from battered woman syndrome in the statutory circumstances. The prosecution argues that she must nevertheless fail solely because ordinary self-defense unlawful aggression was absent. Which is best?
- Every abuse allegation conclusively establishes the syndrome
- The experts replace the court’s legal determination
- Only ordinary self-defense can ever be considered
- The statute preserves civil liability in every BWS case
- Section26 expressly protects the judicially established BWS case notwithstanding absence of the ordinary self-defense elements, including its criminal and civil-liability consequence
Legal references
- RA9262, Section26: https://lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
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