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Showing 16993–17016 of 19,045 articles for “up”

Protecting the Vulnerable: Rape of a Person with Mental Deficiencies and Victim Credibility

The Supreme Court affirms rape conviction where the victim has mild mental retardation, clarifying that mental deficiency does not undermine credibility.

Rape by Induction: Establishing Guilt Beyond Reasonable Doubt in Philippine Law

Philippine Supreme Court explains how a person who induces another to commit rape can be held liable as a principal by induction.

Delayed Baggage Claims: When Airlines Avoid Moral and Exemplary Damages

Philippine Supreme Court ruling on when delayed baggage delivery triggers only limited damages, not moral or exemplary awards.

Speedy Disposition of Cases: Balancing Individual Rights and Public Justice in Preliminary Investigations

The Supreme Court clarifies that the right to speedy disposition of cases is flexible, requiring a balancing test that weighs individual rights against public justice.

Judicial Efficiency Mandate: Prompt Resolution of Court Matters and Accountability for Delays

Philippine Supreme Court ruling on judges' duty to resolve matters promptly, with accountability for delays in court administration.

Rape Conviction and the Importance of Specific Allegations: People v. Bayona

The Supreme Court reduced a father's death sentence for rape to reclusion perpetua because the informations failed to allege his relationship to the victim.

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

Rape Conviction Stands Despite Intact Hymen: Supreme Court on Penetration and Consent

The Supreme Court affirms a father's rape conviction despite an intact hymen, clarifying that full penetration is not required for consummated rape.

Retraction of Witness Testimony and Its Impact on Criminal Convictions

Philippine Supreme Court ruling on how recanted testimony is weighed in criminal cases, using a father's rape conviction as the key example.

Demand to Vacate: What Landlords Must Prove in Philippine Ejectment Cases

Philippine Supreme Court clarifies demand-to-vacate requirements in unlawful detainer cases, ruling on res judicata and landlord rights.

Recanted Testimony in Rape Cases: Credibility and Victim Protection

The Supreme Court clarifies how courts evaluate credibility in rape cases, including the role of recanted testimony and medical evidence.

Navigating Reasonable Doubt When Conflicting Testimony Leads to Acquittal in Criminal Conspiracy

When a key witness contradicts himself, reasonable doubt arises. The Supreme Court acquits one accused in a murder case, clarifying conspiracy rules.

Balancing Justice and Procedure When Technical Rules Give Way

When a defective notice of hearing cost a man his appeal and his liberty, the Supreme Court showed when technical rules must yield to substantial justice.

Bank Liability for Negligence in Protecting Depositors in Foreign Currency Transactions

Philippine Supreme Court ruling on bank liability for negligence in foreign currency deposit withdrawals and the duty to protect depositors.

Bank Negligence in Clearing Checks: When Depositors Escape Liability

Supreme Court rules banks must follow clearing rules before allowing withdrawals, holding BPI liable for its own negligence in counterfeit check case.

Rape Conviction Upheld Examining Force Intimidation AND THE Rights OF THE Accused

Consent and Credibility in Rape and Forcible Abduction Cases: The Claudio Standard

The Supreme Court acquits in Claudio, stressing that prosecution must prove lack of consent beyond reasonable doubt in rape cases.

Minority and Murder: How a Minor’s Age Affects the Penalty for Murder in the Philippines

A 17-year-old convicted of murder saw his penalty reduced because of minority. The Supreme Court explains how age affects sentencing.

The Testimony of a Witness With Disabilities: Ensuring Justice and Fair Trial

How the Supreme Court upheld rape convictions based on a deaf-mute victim's credible testimony, affirming that disability does not disqualify a witness.

Lis Pendens in Co-Development Disputes: Protecting Rights Over Real Property

When can a notice of lis pendens be registered? The Supreme Court clarifies in Viewmaster v. Maulit that co-development claims over land qualify.

Positive Identification and Witness Competency in Rape with Homicide Cases

How the Supreme Court affirmed that a witness with hearing and intellectual impairments can provide credible testimony in rape with homicide prosecutions.

Child Rape in the Philippines: What People v. Lomerio Teaches About Credible Testimony

A Philippine Supreme Court ruling on convicting a child rapist on the victim's testimony, the meaning of carnal knowledge, and how aggravating circumstances are weighed.

When Courts May Suspend Ejectment Proceedings: Balancing Possession and Ownership

Philippine Supreme Court explains the narrow exception when an ejectment case may be suspended pending an ownership action, and why equity matters.

Service of Summons on Corporations: Due Process and Jurisdictional Validity

When is service of summons on a corporation valid? The Supreme Court clarifies the rules on proper service, substantial compliance, and jurisdiction.