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Showing 1–24 of 75 articles for “aggravating circumstance”

Understanding Treachery and Premeditation in Murder Cases: Insights from a Landmark Philippine Supreme Court D

The Supreme Court explains treachery, evident premeditation, and use of motor vehicle as aggravating circumstances in murder convictions.

Robbery With Homicide: How Intent and Treachery Shape the Crime

Explaining the Supreme Court ruling on robbery with homicide, intent to rob, and treachery as an aggravating circumstance.

Treachery and Witness Identification in Murder and Frustrated Murder Cases

The Supreme Court affirms murder and frustrated murder convictions, explaining treachery, witness credibility, and unlicensed firearm aggravating circumstances.

Incestuous Rape: Upholding Parental Moral Ascendancy and Protecting Minor Victims

Philippine Supreme Court affirms rape conviction of a father figure, clarifying force, minority as aggravating circumstance, and damages.

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.

Intentional Burning and Syndicate Aggravation: Defining Arson and Its Penalties in the Philippines

The Supreme Court clarifies arson's elements and the syndicate aggravating circumstance that raises the penalty to reclusion perpetua.

Protecting Minors Rape Conviction Upheld Clarifying Aggravating Circumstances AND Penalties

Delay in Reporting a Crime Does Not Destroy Witness Credibility: People v. Hernandez

The Supreme Court rules that fear of reprisal justifies a witness's delay in reporting a crime, and explains when aggravating circumstances apply.

Dwelling as Aggravating Circumstance: Why Specific Allegation in Criminal Informations Matters

Learn why aggravating circumstances like dwelling must be specifically alleged in criminal informations, based on People v. Aquino.

Robbery With Rape: Aggravating Circumstances Must Be Alleged; Late Guilty Plea Not Mitigating

Aggravating circumstances not stated in the information cannot raise the penalty in robbery with rape; a guilty plea after prosecution rests is not mitigating.

Self-Defense, Unlawful Aggression, and Firearm Confiscation in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements, unauthorized firearm use as aggravating circumstance, and rightful confiscation of licensed firearms.

Drug Cases and the Requirement to Allege Aggravating Circumstances in the Information

In Li Ka Kim v. People, the Supreme Court reduced a death sentence because the aggravating circumstance was not alleged in the Information. Here is what that means.

Rape Conviction Hinges on Proof of Relationship: The Evidentiary Standard for Aggravating Circumstances

The Supreme Court clarifies that qualifying circumstances like relationship in rape cases require strict documentary proof before the death penalty may be imposed.

Eyewitness Testimony and the Perils of Alibi in Philippine Murder Cases

A guilty plea to murder does not prove aggravating circumstances; prosecution must still establish them, as shown in People v. Segnar.

Incestuous Rape Revisiting Penalties and the Application of Aggravating Circumstances

The Supreme Court clarifies penalties for incestuous rape, emphasizing proof of minority and the mandatory award of civil indemnity.

Kidnapping and Illegal Detention: Why Rape Must Be Pleaded as an Aggravating Circumstance

Philippine Supreme Court ruling on kidnapping with serious illegal detention, and why unpleaded rape cannot justify the death penalty.

Rape Conviction Upheld Clarifying THE Scope OF Aggravating Circumstances AND Victim Testimony

Dwelling AS AN Aggravating Circumstance Retroactive Application AND THE Right TO BE Informed

Circumstantial Evidence and Parricide: Proving Guilt Beyond Reasonable Doubt

How circumstantial evidence can prove parricide beyond reasonable doubt, and when aggravating circumstances cannot raise the penalty to death.

Treachery in Robbery With Homicide: Supreme Court Clarifies Aggravating Circumstances

The Supreme Court clarifies that treachery can aggravate robbery with homicide when the victim is killed treacherously, affecting penalty imposition.

Accountability in Robbery: Establishing Conspiracy and Liability in Complex Crimes

A bus robbery turned deadly. The Court explains conspiracy liability in robbery with homicide, and why the aggravating circumstance of band was not proved.

Shifting Sands of Evidence: Drug Sale Convictions and the Weight of Testimony

A look at how the Supreme Court weighs conflicting police testimonies in drug busts, and why aggravating circumstances must be alleged in the information.

Treachery and Unlicensed Firearms: Navigating Murder and Frustrated Murder Convictions

The Supreme Court clarifies treachery, unlicensed firearm aggravating circumstances, and penalties in murder and frustrated murder cases.

Improvident Guilty Pleas: Protecting Rights in Capital Offenses

A guilty plea does not admit aggravating circumstances; the prosecution must still prove them, as shown in People v. Gutierrez.