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Showing 15337–15360 of 19,290 articles for “eme”

Who May Nullify a Bigamous Marriage? The Supreme Court’s Ruling in Quirit-Figarido v. Figarido

Only the aggrieved or injured innocent spouse may petition to nullify a bigamous marriage. The guilty spouse cannot seek nullity to remarry.

Self-Defense or Murder: The Limits of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when a claim of self-defense fails and treachery turns a killing into murder under Philippine law.

Rape With Deadly Weapon: Why Alleging Aggravating Circumstances Matters

The Supreme Court explains why aggravating circumstances must be alleged in the information before they can increase the penalty for rape.

Rape: Proving Minority and Relationship for a Qualified Rape Conviction

The Supreme Court reduced a death sentence to reclusion perpetua because the victim's age and the offender's relationship to her were not properly alleged and proven.

Automatic Membership in Property Associations: Enforceability and Freedom of Association

Philippine Supreme Court ruling on automatic membership clauses in property deeds, their enforceability against successors-in-interest, and limits of freedom of association.

Voluntary Surrender as a Mitigating Circumstance: When Murder Is Reduced to Homicide

The Supreme Court explains when voluntary surrender mitigates a killing and why a heated argument negates treachery, reducing murder to homicide.

Automatic Membership in Property Associations: Upholding Contractual Obligations and Property Rights

Philippine Supreme Court rules that automatic membership clauses in deeds of sale bind successors-in-interest, who must pay association dues.

Acts of Lasciviousness vs Attempted Rape: The Penetration Requirement

When do sexual acts become attempted rape rather than acts of lasciviousness? The Supreme Court clarifies the crucial role of penetration.

Treachery in Criminal Law: The Element of Surprise and Defenseless Victims

Understand treachery in Philippine criminal law through People v. Zeta, where the Supreme Court explains why surprise at the inception of attack matters.

Qualified Rape and the Burden of Proof: Lessons from People v. Baroy

The Supreme Court clarifies when the death penalty applies in qualified rape and why aggravating circumstances must be alleged in the information.

Defining the Boundaries: Acts of Lasciviousness vs. Attempted Rape in Philippine Law

The Supreme Court clarifies the crucial distinction between attempted rape and acts of lasciviousness, emphasizing that penetration must commence for attempted rape.

Rape Conviction Upheld: Witness Testimony Enough Despite Victim's Mental State

Supreme Court affirms rape conviction based on eyewitness testimony, ruling a victim's mental incapacity does not weaken prosecution evidence.

When Sexual Assault Is Acts of Lasciviousness, Not Attempted Rape: Perez v. People

The Supreme Court clarifies the line between attempted rape and acts of lasciviousness in a case with no eyewitnesses.

Revisiting Criminal Liability Distinguishing Homicide From Murder Amidst Claims Of Treachery

The Supreme Court clarifies when treachery and evident premeditation must be proven to elevate homicide to murder.

Unexpected Assault: When Sudden Attacks Constitute Treachery in Philippine Law

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

Credibility of Rape Victims: Affidavit of Desistance and Delay in Reporting

Philippine Supreme Court ruling on why delayed reporting and affidavits of desistance do not automatically destroy a rape victim's credibility.

Treachery in Criminal Law: The Element of Surprise in Murder Convictions

Philippine Supreme Court explains why treachery requires proof of deliberate surprise, not just multiple stab wounds.

Reclassifying Criminal Liability From Murder TO Homicide Based ON Insufficient Proof OF Treachery AND Premeditation

Agrarian Reform Protecting Farmers Rights Against Illegal Land Transfers

Learn how the Supreme Court protects farmer-beneficiaries from illegal land transfers under PD 27, including rules on abandonment and reallocation.

Judicial Accountability: Upholding Integrity and Efficiency in the Philippine Judiciary

The Supreme Court suspends a judge for gross misconduct, undue delay, and falsified certificates of service, reaffirming judicial accountability standards.

Hold Departure Orders: Why Only Regional Trial Courts Can Issue Them

A judge's unauthorized hold-departure order violated the right to travel. Learn the rules under Supreme Court Circular No. 39-97.

Judicial Overreach: The Limits of Hold-Departure Orders and the Right to Travel

A judge who issued a hold-departure order beyond his court's jurisdiction was fined by the Supreme Court for violating Circular 39-97.

Rape of a Demented Person: Conviction Upheld Without Victim's Testimony

Supreme Court affirms rape conviction of a demented victim's uncle based on circumstantial evidence, despite the victim's inability to testify.

Treachery in Criminal Law: Why the Element of Surprise Is Essential for Conviction

Philippine Supreme Court explains why treachery requires proof of deliberate surprise attack, not just multiple stab wounds.