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Showing 15601–15624 of 19,062 articles for “up”

Why Qualifying Circumstances Must Be Alleged in Rape Informations

The Supreme Court explains why failure to allege minority and use of a deadly weapon in a rape information downgrades the crime to simple rape.

Qualifying Circumstances in Rape: Why Specific Allegation in the Information Matters

The Supreme Court clarifies that qualifying circumstances like minority and use of a deadly weapon must be alleged in the information to justify the death penalty.

Reasonable Doubt Prevails: Acquittal in Forcible Abduction and Rape Case Based on Inconsistent Testimony

Supreme Court acquits accused in forcible abduction with rape case, ruling that inconsistent testimony and lack of resistance failed to prove guilt beyond reasonable doubt.

On Duty or Off Target: Defining Course of Employment in Police Compensation Claims

The Supreme Court clarifies when a police officer's death is compensable under employees' compensation law, applying the 24-hour duty doctrine.

Safeguarding Due Process: The Right to a Complete Preliminary Investigation

When an incomplete preliminary investigation leads to a warrant of arrest, the Supreme Court steps in to protect the accused's right to due process.

Dying Declarations and Witness Credibility: Reevaluating Guilt in Homicide Cases

Philippine Supreme Court clarifies rape conviction standards, intact hymen evidence, and proper death penalty application in People v. Dayna.

Rape Conviction Upheld: Penetration, Not Hymen Damage, Is the Key

An intact hymen does not negate rape. The Supreme Court clarifies that slight penetration suffices for conviction.

Intact Hymen Does Not Negate Rape: SC Upholds Conviction But Reduces Death Penalty

Supreme Court affirms rape conviction despite intact hymen, but reduces death penalty to reclusion perpetua for lack of qualifying circumstances.

The Boundaries of Consent: Statutory Rape and the Exploitation of Minors in the Philippines

The Supreme Court's ruling in People v. Jalosjos clarifies that statutory rape applies regardless of consent, especially when minors are exploited.

Double Sale of Land: Why Prior Registration Alone Does Not Win Ownership

Philippine Supreme Court clarifies that in double sales of land, prior registration only prevails if the second buyer acted in good faith throughout.

Usury Under Scrutiny: How the Supreme Court Uncovers Hidden Interest in Loan Agreements

In First Metro Investment Corp. v. Este del Sol, the Supreme Court exposed underwriting and consultancy fees as cloaks for usurious interest in a 1978 loan.

Moral Turpitude and Bouncing Checks: Disqualifying Election Candidates in the Philippines

The Supreme Court rules that conviction for violation of B.P. Blg. 22 (Bouncing Checks Law) involves moral turpitude, disqualifying candidates from public office.

Specific Tax on Stemmed Leaf Tobacco: Exemptions for Manufacturers Clarified

Supreme Court clarifies when stemmed leaf tobacco transfers between manufacturers are exempt from specific tax under the NIRC.

Judicial Responsibility in Ensuring Timely Justice and Efficient Court Management

When a judge blames lost court records for a two-year delay, the Supreme Court clarifies that efficient case management is a judicial duty.

Positive Identification Trumps Alibi Upholding Conviction IN Multiple Murder Case

Public Officials' Duty to Act Promptly: Lessons from a Clerk of Court's Misconduct

A Supreme Court ruling reminds public officials of their duty to act promptly on requests and maintain propriety in office.

Proving Victim’s Age in Rape Cases: When Death Penalty Fails

In People v. Virrey, the Supreme Court ruled that minority must be proven beyond reasonable doubt before the death penalty can be imposed in rape cases.

Rape Conviction Affirmed: The Role of Identification and Consent in Sexual Assault Cases

Supreme Court affirms rape conviction, clarifying voice and sight identification, consent, and damages in sexual assault cases.

Right of First Refusal in Property Sales: A Binding Contractual Obligation

When is a right of first refusal enforceable in Philippine property sales? The Supreme Court clarifies in PUP v. Firestone Ceramics.

Upholding Contractual Agreements: Trust Receipts and Surety Agreements in Loan Obligations

The Supreme Court reaffirms that contracts are the law between parties, enforcing stipulated interest, penalties, and service charges in trust receipt loan transactions.

Moral Conduct in Public Service: When Personal Lives Affect Professional Reputation

A Supreme Court administrative case shows how a court employee's unauthorized mediation and ignored requests led to a fine for simple misconduct and violations of R.A. No. 6713.

Upholding Judicial Integrity: Timeliness and Impartiality in Court Decisions

A Supreme Court ruling on a judge's duty to decide cases promptly and avoid even the appearance of impropriety.

Delayed Reporting in Statutory Rape: When Delay Does Not Destroy Victim Credibility

Philippine Supreme Court ruling on why delayed reporting of statutory rape does not automatically undermine a minor victim's credibility.

Protecting the Vulnerable: Supreme Court Upholds Statutory Rape Conviction Despite Reporting Delay

The Supreme Court affirms a statutory rape conviction, ruling that a victim's delay in reporting the crime does not automatically undermine her credibility.