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Showing 2593–2616 of 3,358 articles for “ces”

Carnapping Conviction Valid Even Without Extrajudicial Confessions: Circumstantial Evidence Suffices

Conviction for carnapping with homicide can rest on circumstantial evidence even when confessions are thrown out. Learn the rules.

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.

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.

Rape and Parental Authority: Proving Qualifying Circumstances for Enhanced Penalties

In rape cases, the death penalty requires proof of both the victim's minority and the offender's relationship. This case explains why.

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.

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.

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.

Extradition in the Philippines: Balancing Due Process and International Cooperation

Philippine courts can provisionally rule on a plaintiff's death in ejectment cases, balancing due process with the need for swift resolution.

Voice Identification in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

How Philippine courts treat voice recognition as valid identification in rape cases, and why unpleaded aggravating circumstances reduce the penalty.

Upholding Victims Rights Positive Identification AND Aggravating Circumstances IN Rape Cases

The Supreme Court affirms a rape conviction based on voice identification, but reduces the death penalty to reclusion perpetua because aggravating circumstances were not alleged in the information.

Uninhabited Places and Cruelty: Defining Aggravating Circumstances in Robbery with Rape

The Supreme Court clarifies when cruelty and uninhabited place aggravate robbery with rape, and affirms the death penalty in a Quezon City case.

Special Appearance and Summons: When It Does Not Mean Consent to Jurisdiction

Philippine Supreme Court clarifies that special appearances to question summons do not waive jurisdictional objections, and substituted service has strict rules.

Rape Conviction Upheld: Voice Identification and the Requirement of Pleading Qualifying Circumstances

The Supreme Court affirms a rape conviction based on voice identification but reduces the death penalty to reclusion perpetua because the information failed to allege qualifying circumstances.

Quantum Meruit: Fair Compensation for Legal Services Without a Fixed Fee

Philippine Supreme Court explains how lawyers are paid under quantum meruit when no fixed fee exists, using Racoma v. CNWD.

Rape Consummation and the Significance of Labial Penetration in Philippine Law

Philippine jurisprudence clarifies that full penetration is not required for rape; mere labial contact suffices for consummation.

Publicity vs Fair Trial: Reassessing Damages in Heinous Crime Convictions

The Supreme Court clarifies that pervasive media coverage does not automatically deny an accused a fair trial, and adjusts excessive damage awards.

Protecting Condominium Buyers: Annulling Mortgage Foreclosure for Undeclared Encumbrances

Learn how the Supreme Court protected a condominium buyer from foreclosure due to undeclared mortgages, and what this means for property buyers.

Self-Defense, Treachery, and Voluntary Surrender: How the Supreme Court Redefined Criminal Liability in Homici

A barangay captain's claim of self-defense fails as the Court clarifies the elements of unlawful aggression and mitigating circumstances in homicide.

Incestuous Rape THE Supreme Court ON A Daughters Delayed Revelation AND Parental Authority

Dismissal of Judge for Extortion-Adjacent Misconduct: Public Trust in the Judiciary

Supreme Court dismisses Judge Muro for gross misconduct in releasing a detained accused—a lesson on judicial integrity and due process.

Deceptive Sales The High Cost of Confidence Scams Under Philippine Law

A look at how Philippine courts treat confidence scams, the elements of estafa, and the penalties for deceptive sales practices.

Diminished Liability When Lack of Treachery Reduces Murder to Homicide

When does a killing become homicide instead of murder? The Supreme Court explains how the absence of treachery lowers the crime and its penalty.

The Chain of Circumstances Establishing Guilt in Robbery With Homicide Cases

How circumstantial evidence, not direct eyewitness testimony, can prove guilt beyond reasonable doubt in robbery with homicide cases.

Bouncing Checks AND DUE Process Actual Notice Required FOR Conviction

A writ of execution requires a final judgment; issuing one before trial violates due process and is void.