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Showing 73–96 of 445 articles for “penalty”

Online Psychological Abuse Under RA 9262: Higher Penalty for Social Media Offenses

Supreme Court rules that using social media to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

Breach of Trust Dismissal for Theft of Court Exhibit Undermines Judicial Integrity

Court personnel who steal exhibits betray the judiciary's trust. The Supreme Court's ruling in Castro shows why dismissal is the only fitting penalty.

Arbitrary Penalty Imposition Justification Required FOR Maximum Sentences

Trial courts must justify imposing the maximum penalty within a period; otherwise, the lowest penalty applies, as ruled in Ladines v. People.

Intent to Kill in Philippine Law: How Courts Prove Homicide and Fix Penalties

Philippine courts explain how intent to kill is proven in homicide cases, and when penalty and damages must be corrected on appeal.

Circumstantial Evidence and Penalty Fixing in Homicide: Ladines v. People

The Supreme Court clarifies penalty imposition rules and damages in homicide, affirming conviction based on circumstantial evidence.

Circumstantial Evidence and Penalty Rules in Philippine Homicide Convictions

Philippine Supreme Court clarifies penalty imposition, damages, and evidence rules in homicide appeals under Rule 45.

Upholding Judicial Accountability: Failure to Decide Cases and Its Consequences for Judges and Court Personnel

A Supreme Court ruling reminds judges and court staff that misconduct and failure to follow lawful directives carry the ultimate administrative penalty.

When a Criminal Judgment Lapses: Prescription of Penalty vs. Civil Liability

A 20-year delay in executing a criminal judgment: the penalty prescribes differently from civil liability. Learn the rules from a 2015 Supreme Court ruling.

When a Final Judgment Violates the Law on Bouncing Checks: Correcting an Excessive Penalty

The Supreme Court corrected an excessive fine in a final BP 22 conviction, showing when final judgments may be modified.

Acts of Lasciviousness: When a Minor's Testimony Suffices and How RA 7610 Applies

A father's conviction for acts of lasciviousness affirmed—when a child's lone testimony suffices and how RA 7610 sets the penalty.

Rape With a Deadly Weapon: When the Charge Must Be Upgraded to Qualified Rape

The Supreme Court clarifies when rape with a deadly weapon or by multiple offenders becomes qualified rape, raising the penalty.

Breach of Trust: Defining Qualified Theft in Philippine Employment Relationships

The Supreme Court clarifies when an employee's misappropriation is qualified theft, not estafa, and explains the penalty rules.

Rape Through Sexual Assault: Protecting Children Beyond Gender

The Supreme Court affirms that men can be rape victims, ruling on sexual assault against a 10-year-old boy and the applicable penalty.

Sheriff's Failure to Implement Writ of Execution Results in Administrative Penalty

Supreme Court holds sheriff liable for simple neglect of duty after failing to implement a writ of execution for over four years, imposing a two-month salary fine.

Understanding Frustrated Homicide: Intent to Kill and Penalties in Philippine Law

The Supreme Court clarifies intent to kill in frustrated homicide and corrects penalty and damages awards in De Guzman v. People.

Unconscionable Interest Rates When Courts Intervene To Protect Borrowers

The Supreme Court reduced 60% annual charges in a lease dispute to 12% interest plus 6% penalty, citing Article 1229.

Online Psychological Abuse and Higher Penalties: Demaala v. Sandiganbayan

The Supreme Court clarifies when Facebook posts constitute psychological abuse under RA 9262 and why using ICT raises the penalty.

Protecting the Vulnerable: Rape of a Person Deprived of Reason and RA 9346

The Supreme Court clarifies rape of a mentally disabled victim, the distinction from person, and applies Republic Act No. 9346, which prohibits the death penalty. The ruling is significant for prosecu

Breach of Trust: Defining the Boundaries of Qualified Theft in Philippine Law

The Supreme Court clarifies the elements of qualified theft and the proper penalty, emphasizing grave abuse of confidence in a cashier's pilferage case.

Kidnapping for Ransom with Homicide: Supreme Court Clarifies Penalty and Damages

Supreme Court modifies kidnapping conviction to special complex crime of kidnapping for ransom with homicide, affirming reclusion perpetua and awarding damages.

Reckless Imprudence Penalty Corrected in Road Accident Conviction

SC clarifies proper penalties for reckless imprudence resulting in serious physical injuries, correcting CA's erroneous penalty imposition.

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and why using Facebook raises the penalty.

Rape Conviction Upheld: Credibility of Testimony and Indeterminate Sentence Law in Child Sexual Abuse Cases

Supreme Court affirms father's rape conviction, clarifies proper indeterminate penalty and damages in child sexual assault cases.

Voluntary Surrender and the Downgrade from Murder to Homicide in People v. Placer

When treachery is not proven beyond reasonable doubt, the crime is homicide. Voluntary surrender then lowers the penalty. Here's how.