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Showing 241–264 of 741 articles for “force”

Consummation of Rape: Penetration, Force, and Legal Standards in Philippine Law

Philippine jurisprudence on rape requires proof of penetration and force or intimidation. This article explains the legal standards and practical implications.

Upholding Prior Possession in Forcible Entry Cases: Philippine Tourism Authority v. Sabandal-Herzenstiel

The Supreme Court clarifies that prior possession, not ownership, decides forcible entry cases, and how force may be implied.

Reviving Judgments: The Doctrine of Suspended Prescription in Contract Disputes

When a debtor's own actions block execution, the five-year period to enforce a judgment by motion may be suspended.

Breach of Trust Convicting a Father for the Qualified Rape of His Daughter

The Supreme Court affirms a father's conviction for eight counts of qualified rape, explaining how moral ascendancy replaces force in incestuous rape.

Betrayal of Trust: Convicting a Father for the Rape of His Daughter in the Philippines

The Supreme Court affirms a father's conviction for eight counts of qualified rape of his minor daughter, explaining the rules on credibility, force, and penalties.

Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit

Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.

Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers

Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.

Upholding the Ombudsman's Authority: Enforceability of Decisions Pending Appeal in the Philippines

Philippine Supreme Court clarifies when Ombudsman decisions remain enforceable despite pending appeals, balancing administrative discipline with due process.

Security of Tenure Protection Against Forced Eviction for Agrarian Reform Beneficiaries

The Supreme Court rules that forced eviction of agrarian reform beneficiaries is illegal, and threats can suspend the prescriptive period for filing claims.

THE Binding Force OF Prior Rulings Understanding THE LAW OF THE Case Doctrine IN Philippine Courts

Rape Conviction Affirmed: Force, Intimidation, and Credibility in Philippine Criminal Law

The Supreme Court affirms a rape conviction, explaining force, intimidation, witness credibility, and damages in Philippine criminal law.

Upholding Conviction in Rape Cases: Credibility and the Element of Force

The Supreme Court affirms a rape conviction, explaining how trial courts assess witness credibility and prove force or intimidation.

Moral Ascendancy IN Familial Rape Cases When A Fathers Authority Replaces Physical Force

Publication Requirement Prevails: Unpublished Handwritten Addendum Has No Legal Effect

Supreme Court rules unpublished handwritten addendum to a presidential proclamation has no force of law, reaffirming the indispensable publication requirement.

Moral Ascendancy AS Force Rape Conviction Upheld Despite Absence OF Physical Violence

The Writ of Amparo and Enforced Disappearances: Accountability Beyond Criminal Guilt

The Supreme Court clarifies the writ of amparo's preventive and curative roles in enforced disappearance cases, emphasizing the duty to investigate.

Contract vs Affidavit: Intent and Demand Determine Enforceability

How Philippine courts distinguish contracts from affidavits by intent, and why demand matters for interest accrual.

When Courts Can No Longer Enforce Agreements: The Difference Between Entrapment and Instigation

Philippine Supreme Court clarifies when police buy-bust operations are legal entrapment versus illegal instigation, and why the distinction matters in drug cases.

Breach of Bank Obligations: Understanding Trust Agreements in Philippine Law

The Supreme Court's ruling on PLDT v. ETPI clarifies when courts can enforce judicially approved compromise agreements and the limits of arbitration clauses.

Protecting Children Upholding Justice IN Child Abuse AND Rape Cases Under Philippine LAW

A look at how Philippine courts decide rape cases, the weight given to credible victim testimony, and the rules on force, intimidation, and delay in reporting.

Contempt of Court: Interpreting Restraining Orders and the Limits of Enforcement

The Supreme Court clarifies when a TRO binds government agencies and what acts constitute contempt in agrarian reform cases.

Entrapment vs Instigation: Defining the Boundaries of Drug Law Enforcement in the Philippines

The Supreme Court clarifies the distinction between valid entrapment and prohibited instigation in drug buy-bust operations, and why it matters.

Credit Card Obligations Without Signed Agreements: When Interest Rates Bind

Supreme Court rules on credit card debt when no signed agreement exists, and when interest charges may be unenforceable.

Default Judgment: The Consequences of Neglecting Legal Deadlines in Philippine Courts

A Supreme Court ruling shows how missing a pre-trial conference can lead to default judgment and why courts enforce deadlines strictly.