From the library

Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 313–336 of 445 articles for “penalty”

Intrafamilial Rape: Proving Guilt and the Nuances of Consent and Evidence

A father's rape conviction upheld on appeal, clarifying evidence rules, consent issues, and penalty requirements in incestuous rape cases.

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.

Dying Declarations and Witness Credibility: Reevaluating Guilt in Homicide Cases

Philippine Supreme Court clarifies rape conviction standards, intact hymen evidence, and proper death penalty application in People v. Dayna.

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.

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.

Proving Victim’s Age in Rape Cases: When Death Penalty Fails

In People v. Virrey, the Supreme Court ruled that minority must be proven beyond reasonable doubt before the death penalty can be imposed in rape cases.

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.

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.

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.

Interest on Penalties: The Limits of Compounding in Loan Obligations

Philippine Supreme Court clarifies when interest may be charged on unpaid penalty charges in loan contracts, and when courts may reduce unconscionable penalties.

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.

Double Jeopardy Bars Prosecution Appeal to Increase Penalty After Conviction

Philippine Supreme Court rules prosecution cannot appeal to increase a convicted accused's penalty—doing so violates the constitutional right against double jeopardy.

Incestuous Rape: Why Philippine Courts Trust Child Victims' Testimony

Philippine Supreme Court affirms death penalty for incestuous rape, explaining why a child victim's testimony is credible evidence.

Father's Incestuous Rape of Daughter: Supreme Court Affirms Death Penalty

Supreme Court affirms death penalty for a father who raped his 14-year-old daughter, explaining the legal rules on incestuous rape and damages.

Rape Conviction Upheld: Victim Testimony and Fair Sentencing in Sexual Assault Cases

The Supreme Court affirms a rape conviction based on credible victim testimony while correcting the penalty and damages awarded.

Incestuous Rape Conviction Upheld But Death Penalty Reduced for Lack of Aggravating Circumstances

Supreme Court affirms incestuous rape conviction but reduces death penalty to reclusion perpetua for failure to specify aggravating circumstances.

Parental Authority vs. Filial Trust: Intrafamilial Rape and the Death Penalty

The Supreme Court affirms the death penalty for a father who raped his minor daughter, clarifying the rules on intrafamilial rape.

Credibility of Witness Testimony in Rape Cases: People v. Calimlim

The Supreme Court affirms four rape convictions, explaining how trial courts weigh victim credibility, alibi, and the limits of the death penalty.

Unconscionable Penalties in Real Estate Contracts: Balancing Equity and Contractual Obligations

When a 3% monthly penalty on unpaid installments becomes unconscionable, Philippine courts may reduce it under Civil Code Articles 1229 and 2227.

Parental Authority vs Child Abuse: Trust and Protection Boundaries

Supreme Court affirms death penalty for father who raped his 9-year-old daughter, clarifying parental authority does not excuse incestuous rape.

When Rape Charges Are Not Qualified: The Importance of Specific Allegations in the Information

A Supreme Court ruling shows why qualifying circumstances in rape must be specifically alleged in the information to warrant the death penalty.

Incestuous Rape Conviction Affirmed But Death Penalty Reduced for Lack of Age Proof

SC affirms incestuous rape conviction but reduces death penalty to reclusion perpetua where victim's minority was alleged but not proven.

Treachery and Dwelling Limits on the Death Penalty in Philippine Criminal Law

Explore how Philippine courts apply treachery and dwelling as qualifying circumstances in criminal cases, and their impact on penalties.