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Showing 73–96 of 218 articles for “information”

Revocation of Authority and Amendment of Information in Election Cases

Supreme Court clarifies when prosecutors may amend informations and when arraignment may be suspended pending COMELEC appeal.

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.

Rape Conviction Upheld Despite Imprecise Dates in Information

Supreme Court affirms rape conviction despite vague dates in information, clarifying that exact date is not essential element of rape.

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.

Sufficiency OF Information Conspiracy AND THE Anti Graft LAW

Amending Criminal Informations: Balancing Rights and Procedural Rules in the Philippines

The Supreme Court clarifies when amended criminal informations are allowed after arraignment, balancing the accused's rights with procedural rules.

When Courts Can Deny a Prosecutor's Motion to Withdraw Information

Learn when Philippine courts may deny a prosecutor's motion to withdraw a criminal information and why certiorari is barred in summary procedure cases.

Double Jeopardy and Police Accountability: When Amending an Information Is Allowed

Explaining when an amended criminal information does not trigger double jeopardy, through a Philippine Supreme Court ruling on police killings.

Statutory Rape: Protecting Children and Ensuring Due Process in Criminal Law

A father's conviction for statutory rape upheld, but due process requires every element—including relationship—be alleged in the information.

Who May File Libel Cases: City Prosecutor vs Provincial Prosecutor

Supreme Court rules on which prosecutor has authority to file libel Informations, and why a wrong prosecutor's filing is a fatal jurisdictional defect.

Shareholder Rights Inclusion IN General Information Sheet VS Corporate Book Registration

Defective Informations in Rape Cases: When Procedural Lapses Do Not Defeat Convictions

Learn when defective informations in rape cases do not invalidate convictions, and how procedural lapses can be cured under Philippine law.

Simple vs Destructive Arson: Intent, Information Adequacy, and Penalty

Philippine Supreme Court clarifies simple vs destructive arson, emphasizing the information's allegations control the crime charged and penalty.

Amending an Information Before Plea: What Fronda-Baggao v. People Teaches Us

The Supreme Court clarifies when prosecutors may amend or consolidate criminal charges before arraignment, and how this affects an accused's rights.

Double Jeopardy and Amendment of Information: Pacoy v. Cajigal Explained

When can a court amend a charge from homicide to murder after arraignment? The Supreme Court clarifies the rules on amendment, substitution, and double jeopardy.

Independent Assessment Prevails: Dismissal Based Solely on DOJ Resolution Is Grave Abuse of Discretion

Philippine Supreme Court rules trial courts must independently assess evidence before granting motions to withdraw information, not merely adopt DOJ resolutions.

Rape Conviction Upheld: Why Clear Allegations in Criminal Informations Matter

Father convicted of two rape counts sees death penalty reduced to reclusion perpetua because the informations failed to allege his relationship to the victim.

Right to Information vs Electoral Confidentiality: Unveiling Party-List Nominees

Supreme Court rules Comelec must disclose party-list nominees' names, balancing right to information against Section 7 confidentiality limits.

When Prosecutors Must Be Compelled: Grave Abuse of Discretion in Criminal Cases

The Supreme Court clarifies when courts may compel prosecutors to include accused persons in an Information, explaining the limits of prosecutorial discretion.

Prosecutorial Discretion and Grave Abuse: When Courts Can Compel Criminal Prosecution

The Supreme Court clarifies when courts may override a prosecutor's dismissal of charges and compel the inclusion of accused persons in an Information.

Authority to Prosecute: The Necessity of Proper Authorization in Filing Criminal Informations

A state prosecutor without proper written authority cannot validly file criminal charges. Learn from the Supreme Court's ruling in Turingan v. Garfin.

Charged With A Major Crime Philippine Law on Lesser Offenses Explained

Learn how Philippine courts treat charges for election offenses, the importance of the information's factual recital, and the rules on appeals.

Quashing an Information: Limits on Amendment and Filing New Charges in Philippine Law

Philippine Supreme Court ruling on when a quashed information can be amended or refiled, explained in plain language.

Separate Crimes for Separate Drugs: Possessing Shabu and Marijuana Under Philippine Law

Philippine Supreme Court ruling: possessing shabu and marijuana at the same time and place constitutes two separate crimes, requiring two separate Informations.