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Showing 1–24 of 706 articles for “cir”

Passion and Obfuscation in Parricide: The Singcol Case and Limits of Self-Defense

The Supreme Court in People v. Singcol clarifies self-defense limits, passion and obfuscation as a mitigating circumstance, and treachery in murder.

Finality of Judgments: Why the CIR's Appeal in CIR v. Script2010, Inc. Was Denied

The Supreme Court denied the CIR's appeal in CIR v. Script2010, Inc., reaffirming that final and executory judgments can no longer be disturbed.

Circumstantial Evidence in Philippine Criminal Law: When Is It Enough to Convict?

The Supreme Court acquits a rape-with-homicide accused, clarifying when circumstantial evidence falls short of moral certainty.

Eyewitness Identification: When Photo Lineups Pass Due Process Scrutiny

The Supreme Court clarifies when out-of-court photographic identification passes due process, citing the totality of circumstances test.

Renewable Energy VAT Refunds: What Hedcor v. CIR Means for Philippine Developers

The Supreme Court clarifies when renewable energy developers can claim VAT refunds under of the NIRC versus seeking reimbursement from suppliers.

Inordinate Delay and Insanity Defense in Philippine Criminal Cases: Insights from People v. Ragudo

Learn how the Supreme Court's ruling in People v. Ragudo clarifies insanity defenses and qualifying circumstances in Philippine criminal cases.

Treachery in Philippine Criminal Law: Lessons from People v. Nelson Sia, Jr.

Understand treachery as a qualifying circumstance in murder under Philippine law, explained through the Supreme Court's ruling in People v. Nelson Sia, Jr.

Unreliable Eyewitness Testimony: When Flawed Identification Leads to Acquittal

The Supreme Court acquits an accused when eyewitness identification is unreliable. Learn the totality of circumstances test and key safeguards.

Rape Convictions and the Burden of Proving Qualifying Circumstances in Philippine Law

The Supreme Court clarifies that qualifying circumstances like relationship must be alleged and proven beyond reasonable doubt in rape cases.

Plea Bargaining in Drug Cases: DOJ Guidelines and Court Discretion in the Philippines

The Supreme Court clarifies that judges, not DOJ circulars, have the final say on plea bargaining in drug cases.

Lawyers as Dummies in Land Deals: Ethical Breach and Unauthorized Practice

SC suspends lawyer for two years for helping a corporation circumvent free patent rules and for practicing law while mayor.

When Lawyers Serve Two Masters: Ethical Violations in Land Deals and Public Office

The Supreme Court suspended a lawyer-mayor for helping circumvent land ownership rules and practicing law while in public office.

Mitigating Circumstances and Gross Neglect of Duty: Reassessing Penalties in Judiciary Misconduct

The Supreme Court modifies dismissal to suspension for a clerk of court guilty of gross neglect, appreciating mitigating circumstances under amended Rule 140.

Accidental Killing vs Intent: Proving Guilt in Rape with Homicide Cases

The Supreme Court explains when the defense of accident fails in rape with homicide cases, and how circumstantial evidence can prove guilt beyond reasonable doubt.

Defective Informations and Qualifying Circumstances: Lessons from People v. Pilen

The Supreme Court's ruling in People v. Pilen clarifies when defective Informations waive objections and how treachery is proven.

Plea Bargaining in Drug Cases: The Supreme Court Framework and DOJ Guidelines

The Supreme Court clarifies the rules on plea bargaining in drug cases, balancing judicial discretion with prosecutorial consent under A.M. No. 18-03-16-SC and DOJ Circular No. 18.

Circumventing Procurement Laws: Supreme Court Affirms Dismissal of Local Officials

Supreme Court affirms dismissal of Buguias officials who bypassed competitive bidding under R.A. 9184, reinforcing public trust standards.

Rape Conviction Upheld: Jurisdictional Challenges and Circumstantial Evidence

Supreme Court affirms rape conviction, clarifying that a prosecutor's lack of written authority does not defeat a court's jurisdiction and that circumstantial evidence can prove carnal knowledge.

Protecting Children from Physical Abuse: The Scope of RA 7610 and the Need to Prove Qualifying Circumstances

The Supreme Court clarifies when physical abuse of children falls under RA 7610 and why qualifying circumstances in rape must be proven beyond reasonable doubt.

Circumstantial Evidence in Philippine Criminal Cases: Proving Guilt Without Eyewitnesses

How Philippine courts use circumstantial evidence to convict in murder and arson cases, explained through the Camarse ruling.

Plea Bargaining in Drug Cases: Balancing DOJ Guidelines and Judicial Discretion

The Supreme Court clarifies how plea bargaining works in drug cases, balancing DOJ Circular No. 027 with judicial discretion under A.M. No. 18-03-16-SC.

Plea Bargaining in Drug Cases: Court Rules vs Executive Discretion

The Supreme Court settles the conflict between DOJ circulars and its exclusive rule-making power over plea bargaining in drug cases.

Circumstantial Evidence and Dying Declarations in Rape-Homicide Convictions

How the Supreme Court upheld a rape-homicide conviction using circumstantial evidence and the victim's dying declaration.

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.