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Showing 1–23 of 23 articles for “article 26”

Divorce Abroad and Filipino Spouses: Recognizing Foreign Judgments Under Article 26 of the Family Code

The Supreme Court clarifies when Philippine courts recognize foreign divorces obtained by Filipino spouses and their alien partners under Article 26.

Understanding Consent and Force in Rape Cases: Insights from Philippine Jurisprudence

Philippine Supreme Court clarifies force, threat, intimidation, and the "sweetheart theory" in rape convictions under Article 266-A of the RPC.

Understanding the Elements of Rape: Insights from a Philippine Supreme Court Case

A Supreme Court ruling clarifies the elements of rape under Article 266-A, the importance of the victim's credible testimony, and the limits of charging.

Understanding the Nuances of Statutory Rape and Intimidation in Philippine Law

A Supreme Court ruling clarifies how force, threat, or intimidation defines rape under Article 266-A of the Revised Penal Code.

Divorce Abroad: How Philippine Courts Recognize Foreign Decrees After Galapon v. Republic

The Supreme Court clarifies that foreign divorce decrees obtained jointly by a Filipino and alien spouse may be recognized under Article 26(2) of the Family Code.

Proof Beyond Reasonable Doubt: When a Rape Accusation Fails for Lack of Force or Intimidation

The Supreme Court acquits a rape convict, explaining why voluntary consent negates force, threat, or intimidation under Article 266-A.

Unlawful Restraint Establishing Intent in Kidnapping and Serious Illegal Detention

The Supreme Court explains how acts of clubbing, sacking, and carrying a victim establish the intent to deprive liberty under Article 267.

Divorce Abroad and Filipino Spouses: Article 26 of the Family Code Explained

The Supreme Court clarifies when a divorce obtained abroad by a Filipino spouse against a foreigner is recognized under Article 26 of the Family Code.

Ransom and Restraint: Defining Kidnapping for Extortion in the Philippines

The Supreme Court clarifies the elements of kidnapping for ransom under Article 267, showing how extortion and deprivation of liberty define the crime.

Unlawful Restraint: The Essential Elements of Serious Illegal Detention in the Philippines

Understand the elements of serious illegal detention under Article 267 of the Revised Penal Code, explained through a recent Supreme Court ruling.

Custodial Rights and Illegal Detention: Protecting Minors From Unlawful Deprivation of Liberty

The Supreme Court affirms that taking a minor, even briefly, constitutes serious illegal detention under Article 267 of the Revised Penal Code.

When Police Power Becomes Criminal Extortion As Kidnapping FOR Ransom

A police officer who kidnaps and extorts ransom acts in a private capacity and may be prosecuted for kidnapping under Article 267, even if the victim was later arrested for drugs.

Unconscious Victim and Rape Conviction: Article 266-A Explained

The Supreme Court affirms rape convictions where the victim was unconscious, explaining Article 266-A and damages in People v. Carillo.

Proving Foreign Law in Philippine Courts: Divorce Recognition Under Article 26

A Philippine court explains what evidence is needed to prove foreign divorce law under Article 26 of the Family Code.

Accountability for All: Criminal Liability and Kidnapping for Ransom Under Philippine Law

Philippine Supreme Court ruling on kidnapping for ransom clarifies liability of principals and accomplices under Article 267, RPC.

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

Brief Detention Still Counts: Kidnapping and Serious Illegal Detention in the Philippines

Even one hour of illegal restraint can be kidnapping of a minor. Learn the elements and penalties under Article 267.

Deprivation of Liberty: Understanding Kidnapping and Illegal Detention of Minors in Philippine Law

The Supreme Court explains when taking a child constitutes kidnapping and serious illegal detention under Article 267 of the Revised Penal Code.

Statutory Rape in the Philippines: Understanding the Law and Protecting Children

The Supreme Court clarifies statutory rape rules under Article 266-A of the Revised Penal Code, including penalties and damages for child victims.

Employer Status and Return-to-Work Orders: PLDT v. MKP on Labor Disputes

The Supreme Court rules on the limits of the Labor Secretary's power to exclude redundant workers from return-to-work orders under Article 263(g).

Kidnapping for Ransom: Positive Identification Prevails Over Alibi in Philippine Law

Philippine Supreme Court ruling on kidnapping for ransom, positive identification, alibi, conspiracy, and damages under Article 267.

Moral Damages for Defamation: When Insulting Words Violate Human Dignity

The Supreme Court affirms moral damages for public humiliation under Article 26 of the Civil Code, protecting human dignity beyond criminal defamation.

Return-to-Work Orders in Philippine Labor Disputes: What Marcopper Teaches Employers

The Supreme Court explains when employers may refuse to accept workers who defy a return-to-work order under Article 263(g) of the Labor Code.