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Showing 313–336 of 403 articles for “mora”

Dismissal of Appeal for Failure to File Memorandum: A Costly Omission

Why failing to file an appellant's memorandum under Rule 40, Section 7 can cost you your appeal—and your case.

Judges and Lawyers Face Strict Accountability for Extramarital Affairs

The Supreme Court dismissed a judge for gross immorality over an extramarital affair, showing that private misconduct can end a judicial career.

Death Penalty Moratorium: The Supreme Court's Stance on Legislative Influence and Execution

The Supreme Court rules that pending bills in Congress cannot justify staying death sentences, reaffirming the constitutionality of the death penalty.

Rape Intimidation As A Substitute FOR Physical Resistance IN THE Philippines

Philippine Supreme Court clarifies that intimidation and moral ascendancy can substitute for physical resistance in statutory rape cases.

Incestuous Rape: Moral Ascendancy as Intimidation and General Dates in Informations

Philippine Supreme Court ruling on incestuous rape clarifies moral ascendancy as intimidation and the validity of general dates in criminal informations.

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.

Statutory Rape and Parental Authority: Why the Supreme Court Upheld a Father's Conviction

The Supreme Court affirms a father's rape conviction, explaining how parental moral ascendancy substitutes for force and why proof of age matters for the death penalty.

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.

The Perils of Buy-Busts: Establishing Guilt Beyond Reasonable Doubt in Drug Cases

An analysis of Morales v. People on the strict evidentiary standard for buy-bust operations in Philippine drug prosecutions.

Reasonable Doubt Prevails: Acquittal in Rape Case Due to Inconsistent Testimony

When a rape complainant's testimony is inconsistent and coached, the prosecution fails moral certainty, and acquittal follows.

Judicial Ethics Under Scrutiny: Dismissal for Immorality and Misconduct

Supreme Court dismisses judge for illicit affair and courtroom drinking, reinforcing strict judicial ethics standards in the Philippines.

Rape Conviction Upheld: Father Figure's Moral Ascendancy Equals Force and Intimidation

Philippine Supreme Court affirms rape conviction, ruling that a father figure's moral ascendancy over a minor victim substitutes for force and intimidation.

Moral Ascendancy as a Substitute for Force in Child Rape Cases

Philippine Supreme Court explains how an uncle's moral ascendancy over a child victim substitutes for force or intimidation in statutory rape.

Moral Ascendancy as Substitute for Force in Incestuous Rape Cases: People v. Marcellana

In incestuous rape, a father's moral ascendancy over his child substitutes for force or intimidation, the Supreme Court ruled in People v. Marcellana.

Moral Damages in Breach of Contract: Proof of Loss and Bad Faith Under Philippine Law

The Supreme Court in BPI v. Leobrera explains why moral damages require proof of bad faith and a pleaded amount, and why courts cannot award what was never claimed.

Forcible Entry Jurisdiction and Damages: Key Lessons from Herrera v. Bollos

Learn how Philippine courts determine forcible entry jurisdiction and why only rental damages, not moral damages, are recoverable in ejectment cases.

Moral Ascendancy and Intrafamilial Rape: Examining the Boundaries of Consent

A look at how the Supreme Court treats rape by a trusted neighbor and the limits of consent in close relationships.

Gross Immorality by Judges: Dismissal and Three-Year Suspension From Law Practice

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and suspended him from law practice for three years.

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.

Moral Conduct in Public Service: When Personal Lives Affect Professional Reputation

A Supreme Court administrative case shows how a court employee's unauthorized mediation and ignored requests led to a fine for simple misconduct and violations of R.A. No. 6713.

Breach of Trust and Damages for False Claims in Family Business Disputes

A family shareholder who falsely claimed full ownership of a pooled investment faced actual and moral damages after the Court found his claim breached a trust.

Judge Dismissed for Extramarital Affair: Gross Immorality and Bar Sanctions

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and suspended him from law practice for three years.

Reasonable Doubt and Circumstantial Evidence: When Suspicion Cannot Sustain a Conviction

The Supreme Court acquits five police officers of double murder, explaining when circumstantial evidence fails the test of moral certainty.

Incestuous Rape: When a Father's Moral Ascendancy Replaces Force and Intimidation

The Supreme Court explains how a father's moral ascendancy over his daughter substitutes for force and intimidation in incestuous rape cases.