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Showing 15217–15240 of 19,299 articles for “eme”

Incestuous Rape: Why Explicit Allegations Matter for the Death Penalty

The Supreme Court acquits a stepfather of rape, stressing that material inconsistencies in the victim's testimony and evidence of frame-up defeat conviction.

When Police Officers Face Summary Dismissal: Due Process and the Limits of Extraordinary Remedies

A police officer's summary dismissal for extortion upheld despite dismissal of criminal case; certiorari and mandamus cannot substitute for appeal.

Statutory Rape: Why Pleading Qualifying Circumstances in the Information Matters

A Supreme Court ruling shows why prosecutors must allege both the victim's minority and relationship to the accused to justify the death penalty.

Credibility in Rape Cases: How Minor Inconsistencies Don't Undermine Conviction

Philippine Supreme Court ruling on how minor inconsistencies in a rape victim's testimony do not defeat conviction when credibility is established.

Circumstantial Evidence Sufficiency Convicting Accused IN Rape With Homicide Cases

When can circumstantial evidence convict in rape with homicide? The Supreme Court explains the rules in People v. Gannaban.

Rape and Intimidation: When a Father's Moral Ascendancy Substitutes for Force

Philippine Supreme Court ruling on incestuous rape, moral ascendancy, and why the death penalty was reduced to reclusion perpetua.

Defining Qualified Rape: The Critical Elements for Imposing the Death Penalty

The Supreme Court clarifies when rape with homicide warrants the death penalty, requiring proof of both crimes beyond reasonable doubt.

Breach of Postal Integrity: Balancing Intent and Accountability in Public Service

A postmaster opened a widow's mail to settle debts—was it grave misconduct or good faith? The Supreme Court weighs intent.

Speedy Disposition of Cases: Balancing Rights and Reasonableness in Preliminary Investigations

When does delay in preliminary investigation violate the right to speedy disposition? The Supreme Court explains the balancing test in Guiani v. Sandiganbayan.

Statutory Rape and Parental Authority: Why the Supreme Court Upheld a Father's Conviction

The Supreme Court affirms a father's rape conviction, explaining how parental moral ascendancy substitutes for force and why proof of age matters for the death penalty.

Rape Conviction Upheld: The Victim's Testimony and a Minor's Inability to Consent

In People v. Serado, the Supreme Court affirmed a rape conviction, ruling that a child under twelve is legally incapable of consenting to sexual acts.

Confession and Criminal Liability: Disentangling Rape and Homicide in Philippine Law

The Supreme Court clarifies when a confession proves homicide but not rape, and how Philippine courts distinguish the two crimes.

Balancing Corporate Discretion and Regulatory Oversight: The BCDA Compensation Case

The Supreme Court clarifies the limits of a government corporation's power to grant employee benefits beyond Central Bank standards.

Private vs Common Carriers: Who Bears Liability for Damaged Cargo?

Philippine Supreme Court clarifies when a trucking company is a private carrier and how liability for damaged cargo is determined.

Due Process in Attorney Disciplinary Cases: The Mandatory Formal Investigation

The Supreme Court reminds the IBP that a formal investigation is mandatory in lawyer disciplinary cases, remanding a dismissed complaint for further proceedings.

Deceptive Promises: Illegal Recruitment and Estafa in Philippine Law

The Supreme Court explains when deceptive job promises abroad constitute both illegal recruitment and estafa, and how conspirators share liability.

Limits of Employer Discipline: Union Office Rules and Employee Rights

Supreme Court ruling on when an employee's violation of company rules may still not justify dismissal, balancing management authority and union rights.

Simple vs Qualified Rape: Why Allegations in the Information Matter

The Supreme Court explains why the death penalty for qualified rape requires both minority and relationship to be alleged in the information.

Perfecting Appeals and Court Jurisdiction: What Rape Convictions Teach About Proper Allegations

Learn how the Supreme Court reduced a death sentence to reclusion perpetua because the information failed to allege the victim's minority.

Back Wages and Illegal Dismissal: What Salas v. PAGCOR Means for Employees

The Supreme Court clarifies that illegally dismissed employees are entitled to back wages even if later found guilty of separate administrative charges.

Rape Conviction Upheld: The Unreliability of Recantations in Rape Cases

Philippine Supreme Court affirms death penalty for incestuous rape, explaining why delayed reporting and retractions do not destroy a victim's credible testimony.

Defining Jurisdiction When Specific Performance Claims Outweigh Monetary Demands In Contract Disputes

Philippine Supreme Court clarifies RTC jurisdiction over breach of contract cases where specific performance is the main action, not the monetary claim.

Accidental Shooting Police Officers Duty AND Criminal Liability IN THE Philippines

When a police officer's gun discharges during an arrest, is it an accident or a crime? The Supreme Court explains the rules on accidental shooting and criminal liability.

Prescription in Insurance Claims: When Does the Clock Really Start Ticking

Philippine Supreme Court ruling clarifies when the prescriptive period for insurance claims begins, protecting policyholders from delayed denial.