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Showing 15745–15768 of 19,299 articles for “eme”

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.

Police Authority vs. Individual Rights: Illegal Drug Sales and the Integrity of Evidence

A 2001 Supreme Court ruling on a buy-bust operation in Binondo shows how courts weigh police credibility, evidence integrity, and the presumption of innocence.

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.

Negligence and Evidence: How Philippine Courts Determine Liability in Quasi-Delict Cases

Learn how Philippine courts weigh evidence in quasi-delict cases, using Supreme Transliner v. Brazal to explain negligence and liability rules.

Judicial Ethics: Upholding Moral Standards and Avoiding Impropriety in the Judiciary

The Supreme Court fined a judge P40,000 for immorality and conduct unbecoming after he facilitated the employment of three minors as guest relations officers.

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.

Navigating Force Majeure When Strikes Excuse Contractual Delays in Philippine Law

When do strikes excuse delayed delivery? The Supreme Court explains force majeure, good faith, and damages in government bidding.

Credibility of Rape Victim's Testimony: Supreme Court on Conflicting Evidence and Behavioral Expectations

The Supreme Court affirms a rape conviction, explaining why a victim's testimony prevails over alibi and why resistance is not always required.

Reasonable Doubt Prevails: Acquittal in Forcible Abduction and Rape Case Based on Inconsistent Testimony

Supreme Court acquits accused in forcible abduction with rape case, ruling that inconsistent testimony and lack of resistance failed to prove guilt beyond reasonable doubt.

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.

Repealed Law Cannot Govern Licensure Exams: Lessons from Bordallo v. PRC

When a new law repeals an old one, examiners cannot apply the old passing rate. The Supreme Court explains why in Bordallo v. PRC.

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.

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.

Dying Declarations and Witness Credibility: Reevaluating Guilt in Homicide Cases

Philippine Supreme Court clarifies rape conviction standards, intact hymen evidence, and proper death penalty application in People v. Dayna.

On Duty or Off Target: Defining Course of Employment in Police Compensation Claims

The Supreme Court clarifies when a police officer's death is compensable under employees' compensation law, applying the 24-hour duty doctrine.

Double Sale of Land: Why Prior Registration Alone Does Not Win Ownership

Philippine Supreme Court clarifies that in double sales of land, prior registration only prevails if the second buyer acted in good faith throughout.

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.

The Boundaries of Consent: Statutory Rape and the Exploitation of Minors in the Philippines

The Supreme Court's ruling in People v. Jalosjos clarifies that statutory rape applies regardless of consent, especially when minors are exploited.

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.

Specific Tax on Stemmed Leaf Tobacco: Exemptions for Manufacturers Clarified

Supreme Court clarifies when stemmed leaf tobacco transfers between manufacturers are exempt from specific tax under the NIRC.

Moral Turpitude and Bouncing Checks: Disqualifying Election Candidates in the Philippines

The Supreme Court rules that conviction for violation of B.P. Blg. 22 (Bouncing Checks Law) involves moral turpitude, disqualifying candidates from public office.

Judicial Responsibility in Ensuring Timely Justice and Efficient Court Management

When a judge blames lost court records for a two-year delay, the Supreme Court clarifies that efficient case management is a judicial duty.

Usury Under Scrutiny: How the Supreme Court Uncovers Hidden Interest in Loan Agreements

In First Metro Investment Corp. v. Este del Sol, the Supreme Court exposed underwriting and consultancy fees as cloaks for usurious interest in a 1978 loan.

Right of First Refusal in Property Sales: A Binding Contractual Obligation

When is a right of first refusal enforceable in Philippine property sales? The Supreme Court clarifies in PUP v. Firestone Ceramics.