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Showing 25–48 of 159 articles for “qualifying”

Treachery Defined: How Sudden Attacks Qualify as Murder in Philippine Law

The Supreme Court explains treachery as a qualifying circumstance for murder, using a sudden shooting as a clear example of the rule.

Rape and the Burden of Proof: Protecting Victims in Abuse Cases

A Supreme Court ruling on rape clarifies the burden of proof, qualifying circumstances, and why child victims' testimony carries great weight.

Moral Turpitude and Electoral Disqualification: Defining the Boundaries of Public Office Eligibility

The Supreme Court rules that libel is a crime involving moral turpitude, disqualifying a convicted candidate from public office under the Omnibus Election Code.

Treachery Must Be Proven Beyond Reasonable Doubt to Sustain a Murder Conviction

The Supreme Court explains when a sudden attack amounts to treachery, and why qualifying circumstances must be proven like any other element of the crime.

Treachery Defined: The Element of Surprise in Murder Cases

The Supreme Court explains how sudden, unexpected attacks constitute treachery, qualifying killings as murder under Philippine law.

Superior Strength in Group Assaults: Establishing Murder Liability

How Philippine courts treat "superior strength" as a qualifying circumstance in group assaults, explained through a Supreme Court ruling.

Treachery Defined: Ensuring Justice for Victims of Calculated Attacks in the Philippines

The Supreme Court clarifies treachery as a qualifying circumstance in murder, ensuring calculated attacks receive just punishment.

Treachery in Criminal Law: Ensuring Justice for Unexpected Attacks

The Supreme Court explains treachery as a qualifying circumstance in murder, using a 2013 case to clarify sudden, unprovoked attacks.

Vehicular Manslaughter and the Limits of Self-Defense: Analyzing Criminal Intent in Complex Crimes

A Supreme Court ruling clarifies how courts weigh criminal intent, self-defense claims, and qualifying circumstances in complex crimes.

Treachery and Dwelling: Aggravating Circumstances in Philippine Murder Cases

How the Supreme Court applied treachery and dwelling as qualifying and aggravating circumstances in a murder conviction, with practical lessons.

Rape Conviction on Credible Testimony: Proving Qualifying Circumstances in Philippine Law

Philippine Supreme Court ruling on rape conviction based on credible testimony, proving qualifying circumstances, and the effect of R.A. 9346 on the death penalty.

Treachery in Philippine Criminal Law: Understanding Intent and Qualifying Circumstances

The Supreme Court explains treachery as a qualifying circumstance in murder, and why self-defense failed in People v. Manulit.

Local Government Officials and Legal Representation: Defining Government Instrumentalities

Supreme Court clarifies that government-owned or controlled corporations like NPC are "instrumentalities" under the Local Government Code, disqualifying sanggunian members from appearing as counsel ag

Rape and the Qualifying Circumstance of Relationship: Proper Allegation for Death Penalty

In People v. Aguilar, the Supreme Court lowered a death sentence to reclusion perpetua because the alleged relationship differed from the one proven.

Rape Conviction Affirming Victim Testimony AND Ensuring Justice

Supreme Court affirms rape conviction based on credible victim testimony, explains qualifying circumstances and penalties under Philippine law.

Premature Campaigning Motorcades and the Definition of a Candidate Under Philippine Election Law

The Supreme Court rules that motorcades after filing a certificate of candidacy can constitute premature campaigning, disqualifying a candidate under the Omnibus Election Code.

Treachery Defined: How Surprise Attacks Determine Murder Convictions in the Philippines

The Supreme Court explains how sudden, unexpected attacks constitute treachery, qualifying a killing as murder under Philippine law.

Carnapping Penalties: The Critical Importance of Allegations in the Information

In Andres v. People, the Supreme Court lowered a carnapping penalty because the Information failed to allege the qualifying circumstances proven at trial.

Mispleading Relationship in Rape Cases: Impact on Qualifying Circumstances

When an information misstates the offender's relationship to the victim, a qualifying circumstance fails, reducing rape to its simple form.

Treachery in Murder: What the Supreme Court Requires for Conviction

The Supreme Court clarifies treachery as a qualifying circumstance in murder, explaining what evidence proves it and why evident premeditation failed in this case.

Consummated Rape: Degree of Penetration and Victim Testimony in Philippine Law

Philippine Supreme Court ruling on rape penetration, victim testimony, and proof of qualifying circumstances for proper conviction.

Rape and Reasonable Doubt: Why the Supreme Court Spared an Incestuous Father from Death

The Supreme Court explains why a father convicted of raping his daughter was sentenced to reclusion perpetua, not death, for lack of proof of qualifying circumstances.

Diminished Liability Distinguishing Homicide From Murder in Philippine Law

The Supreme Court explains when abuse of superior strength fails as a qualifying circumstance, reducing murder to homicide in the Philippines.

Treachery Defined: When a Sudden Attack Qualifies as Murder Under Philippine Law

The Supreme Court explains when a sudden, unexpected attack constitutes treachery, qualifying a killing as murder under Philippine law.