COVERAGE OF THE 2010 BAR EXAMINATION

COVERAGE OF THE BAR EXAMINATION
POLITICAL AND PUBLIC INTERNATIONAL LAW
SEPTEMBER 5, 2010
(First Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. Constitutional Law
2. Political Law
3. Administrative Law and Law on Public Officers
EXCLUDE Implementing rules and regulations of different agencies;
Laws on Suffrage
(a) Party-List Law (R.A. 7941)
(b) Omnibus Election Code of the Philippines (B.P Blg. 881)
(c) Electoral Reforms Law of 1987 (R.A. No. 6646)
(d) R.A. 7166 – An Act Providing for Synchronized National and Local Elections and
For Electoral Reforms
4. Local Government Code (R.A. No.7160) (Basics)
EXCLUDE: Provisions Relating to Local Taxation)
5. Public Corporations
7. Public International Law

COVERAGE OF THE BAR EXAMINATION
LABOR STANDARDS/TERMINATION LAW AND
SOCIAL LEGISLATION
September 5, 2010
(First Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
I. Labor Laws (Labor Standards Law and Labor Relation Law)
(a) Labor Code of the Philippines (P.D. No. 442, as amended).
Books I, II, III, V, VI and VII
EXCLUDE: Book IV
(b) Thirteenth (13th) Month Pay Law (P.D. No. 851, as amended)
(c) The Omnibus Rules Implementing the Labor Code of the Philippines.
(Limited to cases decided by the Supreme Court)
(d) Guidelines for the Exercise of the Right to Organize of Government
Employees, etc. (Executive Order No. 180, June 1, 1987).
II. Social Legislation
(a) Social Security Act of 1997 (R.A. No. 8282)
(b) Government Service Insurance Act of 1997 (R.A. No. 8291)
(c) Anti-Sexual Harassment Act of 1995 (R.A. No. 7877)
EXCLUDE:
(a) Employees Compensation and State Insurance Fund.
(b) Comprehensive Agrarian Reform Law

COVERAGE OF THE BAR EXAMINATION
CIVIL LAW
September 12, 2010
(Second Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. Civil Code of the Philippines
INCLUDE The Law on Sale of Subdivision Lots and Condominium (P.D.
No. 957) and the Condominium Act (R.A. 4726)
(Basic Principles of Law)
EXCLUDE the following:
(a) Code of Muslim Personal Laws of the Philippines
(P.D. No.1083)
(b) Water Code (P.D. 1067)
(c) The Rental Law (B.P. Blg. 25 and amendments)
(d) Intellectual Property Law
2. The Family Code of the Philippines
EXCLUDE Child and Youth Welfare Code (P.D. 603)
3. Domestic Adoption Act of 1998 (R.A. No. 8552)
4. Inter-Country Adoption Act of 1995 (R.A. No. 8043)
5. Property Registration Decree (P.D. No. 1529)
INCLUDE Public Land Law (C.A. No. 141, as amended)
6. Conflict of Laws (Private International Law)

COVERAGE OF THE BAR EXAMINATION
TAXATION
September 12, 2010
(Second Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. General Principles of Taxation
2. National Internal Revenue Code
INCLUDE (a) Comprehensive Tax Reform Act of 1997 (R.A. No. 8424)– Provisions
in effect
(b) All Value Added Tax (VAT) laws in effect
EXCLUDE Percentage Taxes, Excise Taxes and Documentary Stamp Taxes
3. Tariff and Customs Code
EXCLUDE Arrastre and Classification of Commodities
4. Republic Act No. 1125, Creating the Court of Tax Appeals, as amended
5. The Local Government Code on Taxation

COVERAGE OF THE BAR EXAMINATION
MERCANTILE LAW
September 19, 2010
(Third Sunday, Morning)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. Code of Commerce
(a) Letters of Credit under the Code of Commerce (Articles 567-572)
INCLUDE the following:
(i). The Warehouse Receipts Law (Act No. 2137 in relation to the General Bonded
Warehouse Act [Act No. 3893])
(ii). Presidential Decree 115 on Trust Receipts
2. Negotiable Instruments Law (Act No. 2031)
3. Insurance Code (P.D. No. 1460)
INCLUDE Philippine Deposit Insurance Corporation Act (R.A. 3591, as amended)
4. Transportation Laws
(a) Common Carriers (Civil Code, Arts. 1732 to 1766).
(b) Commercial Contracts for Transportation Overland
(Code of Commerce, Arts. 349 to 379)
(c) Maritime Commerce (Code of Commerce, Arts. 673 to 736; also Arts. 580-584 of
Code of Commerce, as superseded by R.A. No. 6106; Arts. 806 to 845 of Code of
Commerce; Paragraph 6 of Section 3 of Carriage of Goods by Sea Act [Com. Act
65])
(d) Public Service Act (Com. Act No.146), as amended.
(e) The Warsaw Convention of 1929(Limited to the Carrier’s Liability).
5. Corporation Law
(a) The Corporation Code (B.P. Blg.68)
(b) Securities Regulation Code (R.A. 8799)
(c) Banking Laws: (General terms and provisions)
i) The New Central Bank Act (R.A. No. 7653) (Basics)
ii) Law on Secrecy of Bank Deposits
(R.A. No. 1405, as amended)
iii) General Banking Act (R.A. 8791)
6. Intellectual Property Code (R.A. No. 8293)(Basics)
EXCLUDE: Implementing Rules and Regulations
7. Intra-Corporate Dispute and Controversy
(Rehablitation Law)
EXCLUDE: Insolvency Law
8. Special Laws
(a) The Chattel Mortgage Law (Act 1508 in Relation to Arts. 1484, 1485, 2140, and
2141 of the Civil Code)
(b) Real Estate Mortgage Law (Act No. 3135, as amended by R.A. No. 4118)
(c) Truth in Lending Act (R.A. No. 3765)
EXCLUDE the following:
(1) Omnibus Investment Code of 1987 (Executive Order No. 226)
(2) Foreign Investment Act of 1991 (R.A. No. 7042)

COVERAGE OF THE BAR EXAMINATION
CRIMINAL LAW
September 19, 2010
(Third Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. The Revised Penal Code (Books I and II), as amended.
EXCLUDE: Penalties for specific felonies
2. Indeterminate Sentence Law
3. Probation Law
4. Anti-Graft and Corrupt Practices Act (R.A. No. 3019, as amended)
5. Anti-Fencing Law (P.D. No. 1612)
6. Bouncing Checks Law (B.P. Blg. 22)
7. Dangerous Drugs Act of 2002 (R.A. No. 9125, as amended)
8. Heinous Crimes Act (R.A. No. 7659, as amended)
9. Anti-Money Laundering Act of 2001 (R.A No. 9160)
EXCLUDE: Civil Forfeiture Rules

COVERAGE OF THE BAR EXAMINATION
REMEDIAL LAW
September 26, 2010
Fourth Sunday, Morning

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential
Decrees and Executive Orders, covering the following subjects:
1. The Rules of Court, as amended
(a) 1997 Rules of Civil Procedure
(b) Revised Rules of Criminal Procedure (effective December 1, 2000)
(c) Rules on Evidence
INCLUDE: i) DNA
ii) Electronic
(d) Rules on Special Proceedings
2. The 1991 Revised Rules on Summary Procedure
3. Local Government Code on Conciliation Procedures
(Book III, Title I, Chapter 7)
4. The Judiciary Reorganization Act of 1980 (B.P. Blg. 129), as amended by R.A. No.
7691 and rules issued thereunder (emphasis on jurisdiction excluding purely
administrative provisions)
EXCLUDE: Quasi-Judicial Bodies
5. Judiciary Act of 1948
EXCLUDE the following:
(a) P.D. No. 946 (Reorganizing the CAR)
(b) Military Justice
6. Jurisdiction of Sandiganbayan
(a) R.A. No. 7975
(b) R.A. No. 8249
7. The Rule on the Writ of Amparo (A.M. No. 07-9-12-SC)
8. The Rule on the Writ of Habeas Data (A.M. No. 08-1-16-SC)

COVERAGE OF THE BAR EXAMINATION
LEGAL ETHICS AND PRACTICAL EXERCISES
September 26, 2010
(Fourth Sunday, Afternoon)

This examination covers decisions of the Supreme Court, promulgated up to 30 June
2005, and amendments promulgated up to 31 December 2008 to Republic Acts, Presidential Decrees and Executive Orders, covering the following subjects:

1. Code of Judicial Conduct
2. Code of Professional Responsibility
3. Grievance Procedures (Rule 139-b, Rules of Court)
4. Legal Forms

Source: http://sc.judiciary.gov.ph/bar/announcement/COVERAGE%202010%20Bar.pdf

RULES ON THE CONDUCT OF THE BAR EXAMINATIONS

1. No refund of the examination fee will be allowed, whether or not your petition to take the Bar Examinations is approved. In case you are unable to take the examinations, seventy-five percent (75%) of the said fee may be applied to a future Bar Examinations.
2. Failure to take the test in any subject will bar you from taking the rest of the examinations. (Res., October 1, 1968)
3. Always bring with you your Notice of Admission, which shall serve as your pass to the examination compound/room.
4. Bringing of deadly weapons, cameras, tape recorders, cellphones, other radio or stereo equipment, communication gadgets or any other electronic device is STRICTLY PROHIBITED.
5. You are required to come early. Gates open at 5:00 A.M. and 12:00 P.M. on examination days and close at 7:30 A.M. and 1:30 P.M., afterwhich no one will be allowed to enter without permission from the Chairman.
6. Upon arrival at the examination compound in the morning of each examination day, consult the bulletin boards along the ground corridors and on the floor to which you are assigned for your room assignment.
7. For an easy and orderly location of your assigned building and room, you are required to wear your color-coded Identification Card at all times. When you arrive at the examination area, you are required to proceed to your room assignment and not to wander around.
8. Eating inside the classrooms and anywhere inside the examination buildings is STRICTLY PROHIBITED. Eating is however allowed in the following areas: a) gazebo area, b) pebble wash area, and c) Chess Plaza. As mandated by the De la Salle University Administration SMOKING is STRICTLY PROHIBITED anywhere within the premises even in open spaces.
9. You will be allowed to enter your room before the start of the examination upon submission of your Notice of Admission to the headwatcher, but you have to conduct yourself properly by avoiding loud discussions and conversations. Attend to your personal needs before the FIRST BELL.
10. At the sound of the FIRST BELL (7:45 A.M. and 1:45 P.M.), no examinee will be allowed to leave the room. All books and notes should then be placed in front of the room. An examinee will be considered cheating if caught with notes or “codigos” during the examination.
11. A name card will be given to you by the headwatcher which should be STRICTLY ACCOMPLISHED in the following manner and order:
1. PRINT your complete name as follows – family name, given name and middle name – on the first line;
2. Affix your CUSTOMARY SIGNATURE on the second line;
3. INDICATE THE SCHOOL where you finished your law course at the bottom of the card;
4. Affix your RIGHT THUMBMARK on the space provided therefor;
5. INSERT the name card into the envelope, which is attached to the examination notebook, after the headwatcher has signed at the back thereof ; and,
6. Ask the headwatcher to SEAL THE ENVELOPE.
12. Only fountain pens and sign pens in permanent blue, blue-black or black ink should be used during examinations. Variation in the color of ink and the style of your handwriting should be avoided.
13. Begin answering at the sound of the SECOND BELL (8:00 A.M. and 2:00 P.M.). Anyone caught answering before the Second Bell will be dealt with accordingly.
14. Per SC Resolution dated 3 February 2009 in Bar Matter No. 1161 (Re: Proposed Reforms in the Bar Examinations), each Bar subject is now divided into two (2) parts, namely: Part I and Part II. There will still be one (1) set of questionnaire and notebook per Bar subject but the same shall be divided into said Part I and Part II. Examinees may start writing their answers for each part beginning on the page of the notebook where the words “Begin Answering on this Page” appear. He/she has the discretion on which part to answer first.
15. In correcting a mistake in your answer, simply draw a line across the word or words you want to change. DO NOT ERASE OR TEAR OFF ANY PAGE OF THE NOTEBOOK. DO NOT WRITE YOUR NAME IN THE NOTEBOOK OR MAKE ANY UNNECESSARY MARKING OR USE ANY IMPERTINENT EXPRESSION which may be construed as a means of identifying your notebook. Names of persons should be represented by letters of the alphabet such as A, B, C, etc., unless particular names are called for.
16. Write your answers on one side of the paper only – on the face and not on the back page. In case all the front pages have been consumed, you may use the back pages commencing on the first leaf and so on.
17. The THIRD BELL signifies that only five (5) minutes are left before the end of the examination.
18. When you finish answering or at the sound of the FOURTH BELL (12:00 NOON and 5:00 P.M.), as the case may be, submit your notebook together with the questionnaire.
19. After every examination and before leaving the room, ask for your Notice of Admission from the headwatcher who shall accomplish the certification at the back thereof.
20. Your Notice of Admission will be retained by the headwatcher at the end of the last examination. i.e., Legal Ethics and Practical Exercises.
21. ANY VIOLATION OF THE FOREGOING RULES WILL BE CONSIDERED SUFFICIENT CAUSE FOR THE NULLIFICATION OF YOUR EXAMINATION AND DISQUALIFICATION FROM FUTURE BAR EXAMINATIONS.

Source: http://sc.judiciary.gov.ph/bar/announcement/bar_requirements.php

REQUIREMENTS FOR THE BAR EXAMINATIONS FOR REPEATERS

Applicants for the Bar Examinations must file a verified petition in the form prescribed by the Supreme Court (available at the Office of the Bar Confidant (OBC) for free) from June 1 to July 15, accompanied by the following documents:

A. REPEATERS (TWO-THREE TIMERS)

1. Three (3) testimonials of good moral character each executed by a member of the Philippine Bar (form may be furnished by the OBC for free).
2. Certificate of no derogatory record.
3. Three (3) copies of latest un-retouched photos w/ name IMPRINTED thereon – (1 ½ x 1 ½ )
4. Self-addressed and stamped envelope

B. REPEATERS COVERED BY SECTION 16 OF RULE 138 (Those who failed the Bar Exams for three or more times)

1. Refresher Course

- Individual certification under oath by professors that the applicant passed the following subjects (indicating the grades):

Civil Law Review I
Civil Law Review II
Political/Constitutional Review
Commercial Law Review
Criminal Law Review
Remedial Law Review
Labor Law Review
Taxation

- Certification under oath by the Dean or Registrar that the professors mentioned above were bona-fide professors of the school where the refresher course was taken.

2. Pre-Bar Review Course

- Certification executed under oath by the School Registrar that the applicant is enrolled in, and is regularly attending the Pre-Bar Review Course.

3. Certification of Completion of the Pre-Bar Review Course

4. All the requirements for repeaters under letter B above.

C. REPEATERS WITH:

1. PENDING CASES (civil, criminal, administrative, including cases filed with the Prosecutor’s Office and Office of the Ombudsman)

- Certified true copy of Complaint/Information
- Certificate of pendency of the case/ Certificate of status

2. DECIDED CASES (civil, criminal, administrative, including cases filed with the Prosecutor’s Office and Office of the Ombudsman)

- Certified true copy of Complaint/information
- Certified true copy of Decision
- Certificate of Finality of Decision
- Clearance from the Court, Prosecutor’s Office or From the Office of the Ombudsman, as the case maybe.

Source: http://sc.judiciary.gov.ph/bar/announcement/bar_requirements.php

REQUIREMENTS FOR THE 2010 BAR EXAMINATIONS FOR NEW APPLICANTS

REQUIREMENTS FOR THE BAR EXAMINATIONS FOR NEW APPLICANTS

Applicants for the Bar Examinations must file a verified petition in the form prescribed by the Supreme Court (available at the Office of the Bar Confidant (OBC) for free) from June 1 to July 15, accompanied by the following documents:

A. NEW APPLICANTS (FIRST TIMERS)

1. Birth Certificate (issued by the NSO or Local Civil Registrar) –

- original or certified true copy

- legible

- In case of any discrepancy of entries between the Birth Certificate and Transcript of School Records, an affidavit of parents and/or jointaffidavit of two disinterested persons explaining the discrepancy is required. The applicant is however further required to submit a corrected birth certificate or corrected school records as the case may be.

- In the absence of birth certificate – Certificate of Late Registration.

2. Marriage Certificate (original or certified true copy)- for Married females only

3. Three (3) testimonials of good moral character each executed by a member of the Philippine Bar (form may be furnished by the OBC for free).

4. Official Pre-Law Transcript (original or certified true copy)

- In case the Rizal Course is integrated with another subject(s) appearing in the transcript, a certification from the school to that effect is required.

5. Official Law Transcript (original or certified true copy)

6. Certificate of no derogatory record.

7. Certification from CHED confirming graduation from the College of Law (C-2)

- (Not applicable to graduates of UP or State Universities /Colleges governed

by its own charter)

8. Three (3) copies of latest un-retouched photos w/ name IMPRINTED thereon

– (1 ½ x 1 ½ )

9. Self-addressed and stamped envelope

B. NEW APPLICANTS WITH:

1. PENDING CASES (civil, criminal, administrative, including cases filed with the Prosecutor’s Office and Office of the Ombudsman)

- Certified true copy of Complaint/Information

- Certificate of pendency of the case/ Certificate of status

2. DECIDED CASES (civil, criminal, administrative, including cases filed with the Prosecutor’s Office and Office of the Ombudsman)

- Certified true copy of Complaint/information

- Certified true copy of Decision

- Certificate of Finality of Decision

Clearance from the Court, Prosecutor’s Office or From the Office of

the Ombudsman, as the case maybe.

Source: http://sc.judiciary.gov.ph/bar/announcement/bar_requirements.php

PHILIPPINE PARTY-LIST SYSTEM: THE CARPIO FORMULA

THE NEW GUIDELINES:

1. The parties, organizations, and coalitions shall be ranked from the highest to the lowest based on the number of votes they garnered during the elections.

2. The parties, organizations, and coalitions receiving at least two percent (2%) of the total votes cast for the party-list system shall be entitled to one guaranteed seat each.

3. Those garnering sufficient number of votes, according to the ranking in paragraph 1, shall be entitled to additional seats in proportion to their total number of votes until all the additional seats are allocated.

4. Each party, organization, or coalition shall be entitled to not more than three (3) seats.

OPINYON KO LANG

I am now having an impression that some prosecutors are conducting preliminary investigations with prosecution of the respondent as the end in view.

It therefore bears to stress that although a preliminary investigation is not a trial and is not intended to usurp the function of the trial court, it is not a casual affair; indeed, a preliminary investigation is in effect a realistic judicial appraisal of the merits of the case in the conduct of which, the prosecutor does not stand to prosecute the respondent but to weigh the evidence with the cold neutrality of a quasi-judicial officer; it behooves a prosecutor to weigh the evidence carefully and to deliberate thereon to determine the existence of prima facie case before filing the information xxx. (Bernardo vs. Mendoza, 90 SCRA 214).

REPUBLIC ACT NO. 9262

ANTI-VIOLENCE AGAINST WOMEN & THEIR CHILDREN ACT

SEC. 3. Definition of Terms.- As used in this Act, (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harrasment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

1. "Physical Violence" refers to acts that include bodily or physical harm;
2. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:
1. rap, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
2. acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
3. Prostituting the woman or child.
3. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
4. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims’ own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.

SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
1. Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
7. Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
1. Stalking or following the woman or her child in public or private places;
2. Peering in the window or lingering outside the residence of the woman or her child;
3. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
4. Destroying the property and personal belongingness or inflicting harm to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.

SEC. 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

1. Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

2. Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
3. Acts falling under Section 5(e) shall be punished by prision correccional;
4. Acts falling under Section 5(f) shall be punished by arresto mayor;
5. Acts falling under Section 5(g) shall be punished by prision mayor;
6. Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SEVERANCE OF MARRIAGE TIE

SOME PERTINENT PROVISIONS OF THE FAMILY CODE ON ANNULMENT

Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)

Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:

(1) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;

(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;

(3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or

(4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)

Art. 47. The action for annulment of marriage must be filed by the following persons and within the periods indicated herein:

(1) For causes mentioned in number 1 of Article 45 by the party whose parent or guardian did not give his or her consent, within five years after attaining the age of twenty-one, or by the parent or guardian or person having legal charge of the minor, at any time before such party has reached the age of twenty-one;

(2) For causes mentioned in number 2 of Article 45, by the same spouse, who had no knowledge of the other's insanity; or by any relative or guardian or person having legal charge of the insane, at any time before the death of either party, or by the insane spouse during a lucid interval or after regaining sanity;

(3) For causes mentioned in number 3 of Article 45, by the injured party, within five years after the discovery of the fraud;

(4) For causes mentioned in number 4 of Article 45, by the injured party, within five years from the time the force, intimidation or undue influence disappeared or ceased;

(5) For causes mentioned in number 5 and 6 of Article 45, by the injured party, within five years after the marriage. (87a)