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Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

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Showing 2665–2688 of 3,440 articles for “ces”

Rape and Relationship: Clarifying Qualifying Circumstances for Imposing the Death Penalty

The Supreme Court clarifies that qualifying circumstances like relationship must be properly alleged in the Information for the death penalty to apply.

Impersonation in Civil Service Exams: CSC Jurisdiction and Due Process in Administrative Cases

Explaining the Supreme Court ruling on CSC jurisdiction over exam irregularities and due process in administrative cases involving impersonation.

Due Process Prevails: Joint vs Solidary Liability and the Fallo Rule

Learn how the Supreme Court protected a debtor from over-execution by applying the rule that the dispositive portion of a judgment prevails.

Rape and the Perils of Unpleaded Qualifying Circumstances: Protecting Due Process in Criminal Accusations

In People v. Laciste, the Supreme Court reduced a death sentence to reclusion perpetua because the victim's minority was not alleged in the information.

Rape Conviction Upheld Despite Lack of Physical Evidence: Credible Testimony Suffices

Philippine Supreme Court ruling on rape conviction based on credible testimony, not physical evidence, and the importance of proper allegation of qualifying circumstances.

Intrafamilial Rape: Proving Guilt and the Nuances of Consent and Evidence

A father's rape conviction upheld on appeal, clarifying evidence rules, consent issues, and penalty requirements in incestuous rape cases.

Conviction Upheld on Circumstantial Evidence in Carnapping-Murder Case

The Supreme Court explains when circumstantial evidence suffices for conviction and why unproven aggravating circumstances mean reclusion perpetua, not death.

Carnapping Conviction Valid Even Without Extrajudicial Confessions: Circumstantial Evidence Suffices

Conviction for carnapping with homicide can rest on circumstantial evidence even when confessions are thrown out. Learn the rules.

Why Qualifying Circumstances Must Be Alleged in Rape Informations

The Supreme Court explains why failure to allege minority and use of a deadly weapon in a rape information downgrades the crime to simple rape.

Qualifying Circumstances in Rape: Why Specific Allegation in the Information Matters

The Supreme Court clarifies that qualifying circumstances like minority and use of a deadly weapon must be alleged in the information to justify the death penalty.

Rape Conviction Upheld: Penetration, Not Hymen Damage, Is the Key

An intact hymen does not negate rape. The Supreme Court clarifies that slight penetration suffices for conviction.

Safeguarding Due Process: The Right to a Complete Preliminary Investigation

When an incomplete preliminary investigation leads to a warrant of arrest, the Supreme Court steps in to protect the accused's right to due process.

Intact Hymen Does Not Negate Rape: SC Upholds Conviction But Reduces Death Penalty

Supreme Court affirms rape conviction despite intact hymen, but reduces death penalty to reclusion perpetua for lack of qualifying circumstances.

Rape and Parental Authority: Proving Qualifying Circumstances for Enhanced Penalties

In rape cases, the death penalty requires proof of both the victim's minority and the offender's relationship. This case explains why.

Extradition in the Philippines: Balancing Due Process and International Cooperation

Philippine courts can provisionally rule on a plaintiff's death in ejectment cases, balancing due process with the need for swift resolution.

Voice Identification in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

How Philippine courts treat voice recognition as valid identification in rape cases, and why unpleaded aggravating circumstances reduce the penalty.

Quantum Meruit: Fair Compensation for Legal Services Without a Fixed Fee

Philippine Supreme Court explains how lawyers are paid under quantum meruit when no fixed fee exists, using Racoma v. CNWD.

Uninhabited Places and Cruelty: Defining Aggravating Circumstances in Robbery with Rape

The Supreme Court clarifies when cruelty and uninhabited place aggravate robbery with rape, and affirms the death penalty in a Quezon City case.

Upholding Victims Rights Positive Identification AND Aggravating Circumstances IN Rape Cases

The Supreme Court affirms a rape conviction based on voice identification, but reduces the death penalty to reclusion perpetua because aggravating circumstances were not alleged in the information.

Rape Conviction Upheld: Voice Identification and the Requirement of Pleading Qualifying Circumstances

The Supreme Court affirms a rape conviction based on voice identification but reduces the death penalty to reclusion perpetua because the information failed to allege qualifying circumstances.

Special Appearance and Summons: When It Does Not Mean Consent to Jurisdiction

Philippine Supreme Court clarifies that special appearances to question summons do not waive jurisdictional objections, and substituted service has strict rules.

Rape Consummation and the Significance of Labial Penetration in Philippine Law

Philippine jurisprudence clarifies that full penetration is not required for rape; mere labial contact suffices for consummation.

Publicity vs Fair Trial: Reassessing Damages in Heinous Crime Convictions

The Supreme Court clarifies that pervasive media coverage does not automatically deny an accused a fair trial, and adjusts excessive damage awards.

Protecting Condominium Buyers: Annulling Mortgage Foreclosure for Undeclared Encumbrances

Learn how the Supreme Court protected a condominium buyer from foreclosure due to undeclared mortgages, and what this means for property buyers.