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Showing 1–24 of 118 articles for “qualified rape”

Rape and Adoption: When Retroactive Laws Cannot Elevate a Conviction

A Supreme Court ruling clarifies why a 2012 rape involving an adopted child could not be elevated to qualified rape under a later law.

Qualified Rape and Due Process: When "Niece" in the Information Suffices

The Supreme Court clarifies that naming a victim as an During trial, AAA positively identified her maternal uncle as the perpetrator, narrating that he dragged her to a hut, undressed her, and inserte

Qualified Rape of a Minor: Supreme Court Clarifies Proper Designation and Damages

The Supreme Court clarifies the proper designation of rape of a minor and increases damages in a father's conviction for three counts of qualified rape.

Protecting the Vulnerable: Upholding Justice in Cases of Qualified Rape of a Minor

The Supreme Court affirms a father's conviction for three counts of qualified rape of his minor daughter, clarifying the proper crime designation and increasing damages.

Qualified Rape vs. Statutory Rape: Supreme Court Clarifies Child Sexual Abuse Law

The Supreme Court clarifies the proper legal designation for child sexual abuse cases, distinguishing qualified rape from statutory rape under Philippine law.

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

When "Or" Creates Uncertainty: The Perils of Imprecise Language in Qualified Rape Cases

The Supreme Court clarifies that an Information charging qualified rape must precisely allege the qualifying relationship—not state it in the alternative using raped a 16-year-old victim.

Qualified Rape and the Uncle Relationship: When an Information Need Not State "Third Civil Degree"

The Supreme Court clarifies when an Information sufficiently alleges the qualifying circumstance of relationship in qualified rape cases involving an uncle.

Understanding Qualified Rape and Child Abuse Penalties in the Philippines

A Supreme Court ruling clarifies when rape is qualified, why the penalty was reduced here, and what child abuse requires.

Understanding Qualified Rape Legal Insights From A Landmark Philippine Supreme Court Case

This article examines a landmark Supreme Court ruling on qualified rape, explaining the legal principles and practical implications.

Understanding Qualified Rape When Parental Authority Turns Criminal

Qualified rape under Philippine law occurs when a parent commits rape against a child. Learn the legal rules, penalties, and practical implications.

Moral Ascendancy in Rape Cases: What People v. XXX Means for Philippine Law

The Supreme Court affirms that a relative's moral ascendancy can substitute for force or intimidation in proving qualified rape.

Qualified Rape and Psychological Violence: Lessons from a Landmark Philippine Case

A Supreme Court ruling clarifies qualified rape and psychological violence under RA 9262, emphasizing victim testimony over alibi.

Understanding Qualified Rape of a Minor: Insights from People v. Manlolo

A father's conviction for raping his 6-year-old daughter clarifies the rules on qualified rape, victim testimony, and damages in the Philippines.

Rape of Person With Mental Disability: Supreme Court Affirms Qualified Rape Conviction

The Supreme Court affirms a qualified rape conviction where the offender knew the victim was mentally disabled, upholding enhanced penalties and damages.

Qualified Rape Conviction Affirmed: The Weight of a Child Victim's Testimony

Supreme Court affirms qualified rape conviction, explaining why a minor victim's clear testimony outweighs a father's denial and alibi.

Supreme Court Affirms Conviction for Qualified Rape by Father

Explore the Supreme Court's ruling affirming a father's conviction for qualified rape, detailing the elements, evidence, and penalties under Philippine law.

Father's Moral Ascendancy as Force in Qualified Rape Cases

The Supreme Court affirms that a father's moral ascendancy substitutes for force or intimidation in qualified rape, upholding conviction.

Moral Ascendancy and the Shadow of Doubt: Familial Rape in Philippine Law

How the Supreme Court weighed circumstantial evidence, moral ascendancy, and delayed reporting in a father's qualified rape conviction.

Breach of Trust Defining Qualified Rape in Familial Abuse Cases

A Supreme Court ruling clarifies when a father's rape of a minor daughter constitutes qualified rape, carrying the penalty of reclusion perpetua.

Parental Abuse of Authority: When Acts of Lasciviousness Differ from Rape

Philippine Supreme Court clarifies when a father's lewd acts on a child are acts of lasciviousness under RA 7610 versus qualified rape.

Breach of Trust: Legal Consequences of Stepparent Rape in the Philippines

A stepfather's rape of his minor stepdaughter is qualified rape, warranting reclusion perpetua without parole. This case explains the law.

Qualified Rape: Moral Ascendancy as Substitute for Force in Step-Parent Abuse

Step-parent moral ascendancy can substitute for force in qualified rape, as shown in People v. De Guzman.

Moral Ascendancy in Qualified Rape: How Step-Parents Breach Trust

The Supreme Court affirms that a step-parent's moral ascendancy can substitute for force and intimidation in qualified rape cases.