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Showing 1681–1704 of 2,057 articles for “sec”

Security of Tenure Prevails: Illegal Demotion and Due Process in Philippine Ports Authority Case

Explaining the Supreme Court ruling that a government employee cannot be demoted without cause and due process, even amid reorganization.

Security of Tenure Prevails: Illegal Demotion and Reinstatement Rights in the Philippine Ports Authority

SC ruling: a permanent appointee cannot be demoted without cause and due process; reinstatement and backpay differentials explained.

Rape and a Defective Information: How the Court Protected the Accused's Rights

In People v. Desuyo, the Supreme Court reduced a death sentence to reclusion perpetua after the prosecution failed to prove the victim's age and filiation beyond reasonable doubt.

When Regular Courts Overshadow SEC Jurisdiction: Key Lessons from Laurel v. Desierto

Learn how the Supreme Court clarified Ombudsman jurisdiction over public officers in corporate disputes, with practical guidance for businesses.

Double Jeopardy Shield: Why the Prosecution Can't Appeal for Harsher Penalties

Learn how the double jeopardy rule protects accused persons from repeated prosecutions and why the prosecution cannot appeal to increase penalties.

Double Jeopardy: Why the Prosecution Cannot Appeal to Increase a Criminal Penalty

The Supreme Court explains why the prosecution cannot appeal a conviction to seek a higher penalty, citing the constitutional right against double jeopardy.

Safeguarding Liberty: The Mandatory Hearing Rule in Bail Petitions for Capital Offenses

A judge's duty to hold a bail hearing for capital offenses is mandatory, even when the prosecution fails to present evidence, as shown in this administrative case.

Protecting Farmer Beneficiaries Security OF Tenure Prevails Over Unauthorized Land Transfers

Philippine Supreme Court ruling on farmer beneficiaries' security of tenure versus unauthorized land transfers under agrarian reform.

Certiorari Limits: SEC En Banc Can't Fix Attachment Errors in Partnership Disputes

The Supreme Court nullified SEC en banc orders discharging an attachment in a law partnership dispute, ruling certiorari only corrects jurisdictional errors.

Navigating Appointments Security of Tenure vs Presidential Prerogative in the Comelec

The Supreme Court explains why ad interim appointments to the COMELEC are permanent, not temporary, and how they balance presidential power with constitutional independence.

Corporate Officer vs Employee: Who Has Jurisdiction Over Illegal Dismissal Claims

The Supreme Court clarifies when an illegal dismissal case belongs to labor courts or the SEC/RTC in corporate officer disputes.

Burden of Proof in Rape Cases: Guilt Beyond Reasonable Doubt Explained

Learn how Philippine courts establish guilt beyond reasonable doubt in rape cases, from victim testimony to the prosecution's burden of proof.

Why Prosecutors Must Present Evidence in Rape Cases: Lessons from Merciales v. Court of Appeals

A Supreme Court ruling on prosecutorial duty, state witnesses, and due process in rape with homicide cases.

How the Supreme Court Sanctions Judicial Delay and Prosecutorial Nonfeasance in Criminal Cases

The Supreme Court annulled an acquittal tainted by prosecutorial nonfeasance and judicial delay, reaffirming due process for offended parties.

Prior Payment of Check Value as Defense in Bouncing Checks Cases

When does paying the check amount before prosecution bar a B.P. 22 conviction? The Supreme Court explains in Griffith v. Court of Appeals.

Rape Conviction Upheld BUT Death Penalty Reduced THE Importance OF Proving Qualifying Circumstances

The Supreme Court reduced a death sentence to reclusion temporal after finding the prosecution failed to prove robbery and nighttime as aggravating circumstances.

When Courts, Not the SEC, Decide Succession and Corporate Veil Cases

A Supreme Court ruling clarifies when inheritance claims against a corporation belong in regular courts, not the SEC.

Supreme Court Rules on Social Media as Qualifying Circumstance in VAWC Cases

The Supreme Court clarifies when social media use raises the penalty for psychological abuse under VAWC, citing Section 6 of the Cybercrime Prevention Act.

DENR Authority Prevails: Confiscation of Vehicles Used in Illegal Logging

Supreme Court ruling on DENR's exclusive authority to confiscate vehicles used in illegal logging under Section 68-A of PD 705.

Homicide vs Murder: When Lack of Treachery Evidence Lowers Criminal Liability

When prosecution fails to show how an attack began, treachery cannot qualify a killing as murder. The Supreme Court explains.

Private Complainants Cannot Appeal Criminal Case Dismissals Without State Conformity

Philippine Investment Two v. Sebastian clarifies when a private complainant may appeal a criminal case dismissal and the State's role in prosecutions.

Security of Tenure Prevails: No Leave Filing Needed When Suspended Pending Criminal Case

A government employee suspended pending a criminal case cannot be dropped from the rolls for not filing leave; security of tenure and due process protect her reinstatement.

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.