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Showing 1–24 of 95 articles for “minority”

Trafficking Conviction Upheld Despite Acquittal on Child Prostitution Charges

Supreme Court affirms trafficking conviction even where child prostitution charges fail for lack of proof of minority, clarifying key evidentiary rules.

Statutory Rape in the Philippines: Understanding Consent and the Role of Minority

The Supreme Court clarifies when rape becomes qualified and how minority and relationship must be alleged and proven in Philippine criminal cases.

When Is a Trafficking Victim Considered a Minor in the Philippines

Philippine law treats anyone under 18 as a minor for trafficking. A 2023 Supreme Court ruling explains how minority qualifies the crime.

Accreditation of Political Parties: COMELEC's Authority and the Limits of Judicial Review

The Supreme Court upholds COMELEC's discretion in accrediting dominant minority parties, affirming that courts will not interfere absent grave abuse of discretion.

Due Process in Elections: COMELEC's Duty to Hear Conflicting Candidacy Claims

The Supreme Court affirms COMELEC's accreditation of dominant minority parties, clarifying that the Commission's rule-making power over political party accreditation is subject to constitutional limit

Protecting the Vulnerable: Credible Testimony of Child Rape Victims as Basis for Conviction

The Supreme Court affirms that a child rape victim's credible testimony, even without medical findings, suffices for conviction and clarifies proof of minority.

Qualifying Circumstances in Rape: Proving the Victim's Minority and Relationship

The Supreme Court clarifies how the prosecution may prove a rape victim's minority and relationship, and when a conviction may be upgraded to qualified statutory rape.

Immutability of Judgments When Finality Prevails Over Claims of Minority in Criminal Cases

When does a final judgment yield to supervening events? The Supreme Court clarifies the exceptions to immutability of judgment.

Qualifying Circumstances in Rape: When Minority and Relationship Raise the Penalty

The Supreme Court explains when rape is qualified by minority and relationship, and the damages a convicted offender must pay.

Protecting Children: Lascivious Conduct and the Boundaries of Child Abuse Laws in the Philippines

The Supreme Court clarifies the line between simple rape and sexual abuse under RA 7610, and the rules on proving a victim's minority.

Rape Conviction Upheld Minors ACT OF Discernment Overrides Youthful Mitigation

Supreme Court affirms gang rape convictions of minors, ruling discernment negates the mitigating effect of minority under juvenile justice law.

Rape AND THE Burden OF Proof Establishing Minority IN Qualified Rape Cases

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.

Right to Inspect Corporate Books: Protecting Minority Stockholders' Interests in Philippine Corporations

A stockholder's right to inspect corporate books under the Corporation Code, explained through the Supreme Court's ruling in Terelay Investment v. Yulo.

Rape Conviction: Proving Minority and Relationship for Qualified Rape

The Supreme Court clarifies that for qualified rape, the victim's minority and the offender's relationship must be proven beyond reasonable doubt.

Extinguishment OF Criminal Liability Death Before Final Judgment AND THE Privileged Mitigating Circumstance OF Minority

Parental Incest and Rape Law in the Philippines: The Buado Case

How Philippine courts handle incestuous rape by a parent, the proof of minority required, and the effect of the death penalty abolition.

Accountability Amidst Chaos: Supreme Court Upholds Abu Sayyaf Kidnapping Convictions

The Supreme Court affirms the kidnapping convictions of Abu Sayyaf members, rejecting alibi, duress, and minority defenses.

Corporate Liquidation and Minority Rights in Distressed Corporations

A Supreme Court ruling on how rehabilitation proceedings protect minority stockholders from majority abuse in distressed corporations.

Moral Ascendancy as Intimidation: Rape by a Parent in the Philippines

How Philippine courts treat a father's moral ascendancy as intimidation in incestuous rape, and why proof of minority matters.

Breach OF Trust Examining THE Legal Implications OF Parental Rape IN THE Philippines

A father convicted of simple rape despite charges of qualified rape; the Court explains why minority and relationship must both be proven.

Protecting Minority Shareholders When CAN A Derivative Suit BE Dismissed

Learn when Philippine courts may dismiss a derivative suit, the strict rules on service of summons, and how jurisdiction protects minority shareholders.

Rape and Parental Betrayal: Proving Minority and Relationship in Qualified Rape Cases

A father convicted of raping his daughter escapes the death penalty because the prosecution failed to prove her minority by independent evidence.

Mandatory Tender Offers and Indirect Acquisitions: Protecting Minority Shareholders

The Supreme Court ruled that indirect acquisitions triggering control of a public company are subject to the mandatory tender offer rule.