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Showing 3841–3864 of 5,118 articles for “ict”

Rape Conviction Hinges on Specific Allegations Protecting the Rights of the Accused

The Supreme Court vacated a death sentence for incestuous rape because the trial court failed to conduct a searching inquiry into the accused's guilty plea.

Diminished Conviction Reassessing Guilt IN Rape Homicide Cases Based ON Circumstantial Evidence

The Supreme Court clarifies that circumstantial evidence can prove murder but not rape, reducing death penalty to reclusion perpetua.

When a Final Judgment Limits Liability: Execution Cannot Add Interest

A writ of execution must strictly follow the final judgment. Adding interest not decreed by the court is void.

Credibility of Rape Victim's Testimony Alone Can Uphold Conviction

Philippine Supreme Court ruling on rape conviction based on victim's credible testimony, and why death penalty requires minority alleged in information.

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.

Custodial Trust AND Betrayal Examining THE Deliberate Failure TO Return A Minor

A babysitter's brief custody of a newborn becomes a kidnapping conviction under Article 270, explaining deliberate failure to return.

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.

Jurisdictional Challenge Too Late: Estoppel Bars Belated Attacks on DARAB Authority

A party who actively participates in DARAB proceedings cannot belatedly challenge jurisdiction on appeal. The Supreme Court explains estoppel by laches.

Attempted Rape, Lack of Penetration, and the Significance of the Victim's Resistance

The Supreme Court clarifies that full penetration is not required for rape, and a victim's resistance is not essential when intimidation is present.

Homicide vs Murder: When Doubt Benefits the Accused

The Supreme Court explains why treachery must be proven beyond doubt, reducing a murder conviction to homicide.

Voting Rights of Assigned Shares: Ensuring Corporate Control in the Philippines

Philippine Supreme Court clarifies voting rights of assigned shares and how corporations can protect control through share restrictions and legal safeguards.

Rape Conviction Affirmed: Positive Identification Prevails Over Alibi in Forcible Abduction Case

Supreme Court affirms rape and forcible abduction conviction, ruling positive identification outweighs alibi and denial in criminal cases.

Eyewitness Testimony and Criminal Conviction: Credibility Rules in Philippine Courts

How Philippine courts weigh eyewitness testimony in criminal cases, explained through the 2002 Jakosalem murder decision.

Conviction Upheld on Circumstantial Evidence Despite Accused's Escape in Rape-Homicide Case

Supreme Court affirms death penalty for rape-homicide based on circumstantial evidence, ruling escape waives right to appeal.

Treachery in Crimes Against Children: Ensuring Justice for Vulnerable Victims

The Supreme Court affirms murder conviction of a man who beat a two-year-old to death, clarifying treachery, mitigating circumstances, and penalties.

Due Process and Jurisdiction in Teacher Discipline: Emin v. De Leon

Emin v. De Leon clarifies due process and jurisdiction in administrative cases against public school teachers under the Magna Carta.

When a Contractor Becomes a Condominium Buyer: HLURB Jurisdiction Explained

Supreme Court clarifies that contractors receiving condominium units as payment are or "purchase" includes any contract to buy, purchase, or otherwise acquire for valuable consideration a condominium

Rape Shield Laws Protecting Victims AND Ensuring Fair Trials IN THE Philippines

Philippine Supreme Court ruling on rape cases clarifies that exact dates need not be alleged, but victim's minority must be for death penalty.

Intimidation in Rape Cases: Upholding Victim Testimony and Protecting Children

The Supreme Court affirmed a rape conviction in a 2002 case, ruling that a child victim's testimony and the presence of intimidation can outweigh a bare denial and a sweetheart defense.

Uncertain Testimony in Rape Cases: Safeguarding Justice and Due Process

The Supreme Court clarifies that an imprecise date in a rape information does not void it, but failure to allege the victim's age bars the death penalty.

Government Employees Strict Adherence TO Budgetary Laws Required FOR Salary Increases

Supreme Court rules government agencies must follow prescribed schedules for salary increases, affirming COA disallowances for premature payments.

Statutory Rape Consent Irrelevant When Victim IS Underage

Sheriffs Must File Return and Seek Court Guidance When Writs Conflict

Administrative case reminds sheriffs that implementing writs is ministerial; when property is under custodia legis, they must report and await instructions.

Sole Eyewitness Testimony Can Convict: Lessons from People v. Hermo on Murder and Abuse of Superior Strength

How a lone eyewitness's credible account led to a murder conviction, and why Philippine courts trust trial judges on witness credibility.