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Showing 3841–3864 of 5,108 articles for “ict”

Homicide vs Murder: When Doubt Benefits the Accused

The Supreme Court explains why treachery must be proven beyond doubt, reducing a murder conviction to homicide.

Attempted Rape, Lack of Penetration, and the Significance of the Victim's Resistance

The Supreme Court clarifies that full penetration is not required for rape, and a victim's resistance is not essential when intimidation is present.

Voting Rights of Assigned Shares: Ensuring Corporate Control in the Philippines

Philippine Supreme Court clarifies voting rights of assigned shares and how corporations can protect control through share restrictions and legal safeguards.

Eyewitness Testimony and Criminal Conviction: Credibility Rules in Philippine Courts

How Philippine courts weigh eyewitness testimony in criminal cases, explained through the 2002 Jakosalem murder decision.

Rape Conviction Affirmed: Positive Identification Prevails Over Alibi in Forcible Abduction Case

Supreme Court affirms rape and forcible abduction conviction, ruling positive identification outweighs alibi and denial in criminal cases.

Conviction Upheld on Circumstantial Evidence Despite Accused's Escape in Rape-Homicide Case

Supreme Court affirms death penalty for rape-homicide based on circumstantial evidence, ruling escape waives right to appeal.

Treachery in Crimes Against Children: Ensuring Justice for Vulnerable Victims

The Supreme Court affirms murder conviction of a man who beat a two-year-old to death, clarifying treachery, mitigating circumstances, and penalties.

When a Contractor Becomes a Condominium Buyer: HLURB Jurisdiction Explained

Supreme Court clarifies that contractors receiving condominium units as payment are or "purchase" includes any contract to buy, purchase, or otherwise acquire for valuable consideration a condominium

Due Process and Jurisdiction in Teacher Discipline: Emin v. De Leon

Emin v. De Leon clarifies due process and jurisdiction in administrative cases against public school teachers under the Magna Carta.

Rape Shield Laws Protecting Victims AND Ensuring Fair Trials IN THE Philippines

Philippine Supreme Court ruling on rape cases clarifies that exact dates need not be alleged, but victim's minority must be for death penalty.

Uncertain Testimony in Rape Cases: Safeguarding Justice and Due Process

The Supreme Court clarifies that an imprecise date in a rape information does not void it, but failure to allege the victim's age bars the death penalty.

Intimidation in Rape Cases: Upholding Victim Testimony and Protecting Children

The Supreme Court affirmed a rape conviction in a 2002 case, ruling that a child victim's testimony and the presence of intimidation can outweigh a bare denial and a sweetheart defense.

Sheriffs Must File Return and Seek Court Guidance When Writs Conflict

Administrative case reminds sheriffs that implementing writs is ministerial; when property is under custodia legis, they must report and await instructions.

Sole Eyewitness Testimony Can Convict: Lessons from People v. Hermo on Murder and Abuse of Superior Strength

How a lone eyewitness's credible account led to a murder conviction, and why Philippine courts trust trial judges on witness credibility.

Government Employees Strict Adherence TO Budgetary Laws Required FOR Salary Increases

Supreme Court rules government agencies must follow prescribed schedules for salary increases, affirming COA disallowances for premature payments.

Statutory Rape Consent Irrelevant When Victim IS Underage

Spontaneous Utterances When Statements AT THE Scene Become Evidence

A single eyewitness's spontaneous, on-the-spot statements can convict, but treachery must be proven from the attack's start.

When a Dying Declaration Fails: Res Gestae and the Homicide Conviction in People v. Peña

The Supreme Court explains when a victim's statement is admissible as res gestae, not a dying declaration, and why the conviction was reduced to homicide.

Unlawful Detainer vs. Forcible Entry: Supreme Court Clarifies Jurisdiction in Barba v. Court of Appeals

Supreme Court clarifies unlawful detainer jurisdiction, prior possession requirements, and ownership issues in ejectment cases under Philippine law.

Deadline or Justice: The Strict Timeline for Challenging Tax Laws

A Supreme Court ruling on the mandatory 30-day window to appeal local tax ordinances and when procedural rules may be relaxed.

Public vs Private Sector: Defining Government Control in Anti-Graft Cases

When is a government employee a public officer? The Macalino case clarifies jurisdiction in anti-graft prosecutions.

The Perils of Alibi: Why Positive Identification Alone Cannot Guarantee Conviction

Explore how the Supreme Court acquitted a rape accused despite positive identification, emphasizing that the prosecution must prove force and intimidation beyond reasonable doubt.

Proving Rape in the Philippines: Why a Victim's Testimony Can Convict Without Physical Evidence

Philippine Supreme Court ruling on rape conviction based on credible victim testimony, explaining when physical evidence is not required for conviction.

Police Officer Convicted of Rape Under Custody: Public Trust and the Death Penalty

The Supreme Court affirms the death penalty for a police officer who raped a 16-year-old detainee in his custody, underscoring abuse of authority.