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Showing 2473–2496 of 3,358 articles for “ces”

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.

Delayed Remittances Upholding Honesty AND Integrity IN Public Office

A clerk of court was fined for delayed remittances of judiciary funds, underscoring the high standard of honesty and integrity in public office.

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.

Rape, Fear, and Testimony: Lessons from People v. Cesista

A father's moral ascendancy can substitute for force in rape. Learn the rules on victim testimony, intimidation, and penalties.

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.

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.

Betrayal of Trust: Incestuous Rape and the Upholding of Victim Testimony in Philippine Courts

A stepgrandfather's rape conviction upheld on appeal, but the death penalty was reduced to reclusion perpetua for lack of minority allegation.

Can a Non-Party Be Bound by an Injunction? The Due Process Rule

A preliminary injunction binds only parties to the case. Here's what Mabayo Farms v. Santos means for due process.

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.

Limits to Free Speech: Protecting Judicial Independence From Public Pressure

The Supreme Court held that statements pressuring justices to rule a certain way are not protected free speech but indirect contempt of court.

Incestuous Rape: Proving the Victim's Age and the Limits of Amending the Information

A father's rape conviction was reduced from death to reclusion perpetua because the prosecution failed to prove the victim's minority with competent evidence.

Incestuous Rape and Proving the Victim's Minority in Capital Cases

In People v. Canon, the Supreme Court affirmed a death sentence for a father who raped his nine-year-old daughter, ruling on how minority and relationship are proven.

Standing Firm Against Abuse: The Supreme Court's Stance on Rape and Incest

A father's rape of his 9-year-old daughter tests the limits of Philippine law on evidence, procedure, and the death penalty.

Rape Conviction: Why Qualifying Circumstances Must Be Proved Beyond Reasonable Doubt

The Supreme Court explains when rape is qualified or simple, and why the prosecution must prove every aggravating circumstance beyond reasonable doubt.

Treachery Unproven Conviction Reduced In Shooting Due To Lack Of Evidence Of Planned Attack

Supreme Court ruling explains when treachery applies in shooting cases and why lack of proof of a planned attack reduces criminal liability.

Sheriffs' Duty to Execute Court Orders: Balancing Diligence and Due Process

Philippine Supreme Court clarifies sheriffs' duty to promptly execute writs of demolition, balancing enforcement with respect for due process.

Incestuous Rape Upholding THE Testimony OF Child Victims AND Parental Accountability

Intoxication Defense in Parricide: Understanding Mitigating Circumstances in Philippine Law

Explore how Philippine courts treat intoxication as a mitigating circumstance in criminal cases, and why it failed in this parricide appeal.

Rape With a Deadly Weapon: Understanding Penalties and Aggravating Circumstances in Philippine Law

A guide to how Philippine courts treat rape with a deadly weapon, the penalties involved, and when aggravating circumstances apply.

Interest Rate Agreements and Freedom of Contract: When Courts Uphold Agreed Rates

Philippine Supreme Court ruling on freedom of contract in interest rate agreements, and when courts will uphold stipulated rates despite claims of excessiveness.

Valid Service of Summons: Due Process in Electoral Protests Before the HRET

When is substituted service of summons valid in election protests? The Supreme Court clarifies the strict rules in Sandoval v. HRET.

Reasonable Doubt in Rape Cases: Proving the Victim's Minority for Qualified Rape

In incestuous rape, the prosecution must prove the victim's age with certainty. Failure to do so bars the death penalty.

Disbarment for Attorney Misconduct: Delaying Justice and Abusing Court Processes

A lawyer's dilatory tactics and groundless suits against judges led to disbarment for violating the lawyer's oath and obstructing justice.