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Showing 265–288 of 741 articles for “force”

Moral Ascendancy in Rape Cases: Consent and the Legal Threshold

How moral ascendancy replaces force in rape by a stepparent, and why proving the victim's age matters.

Sheriffs Must Execute Writs Promptly: The Timely Enforcement Duty in the Philippines

Philippine Supreme Court clarifies sheriffs have a ministerial duty to execute writs promptly, with no discretion to delay absent a court order.

Constructive Dismissal and Contract Substitution: Protecting OFWs from Unsafe Conditions

Learn how the Supreme Court protected OFWs from contract substitution and unsafe conditions, ruling that forced resignation amounts to constructive dismissal.

Constructive Dismissal: Employer's Burden to Justify Employee Transfer

When does a forced transfer become constructive dismissal? The Supreme Court clarifies the employer's burden to justify transfers and the limits on belated evidence.

Parental Authority and Statutory Rape: A Father's Moral Influence as Force

The Supreme Court affirms a father's rape conviction, holding that parental moral ascendancy substitutes for force in incestuous rape cases.

Rape Conviction Upheld: Credibility of Victim Testimony and Use of Force in Sexual Assault Cases

Supreme Court affirms rape conviction, ruling that credible victim testimony suffices even without medical evidence or immediate reporting.

Reasonable Doubt in Rape Cases: Proving Force and Intimidation Under Philippine Law

The Supreme Court's acquittal in People v. Lumpayao shows why force, threat, or intimidation must be proven beyond reasonable doubt in rape cases.

Finality and Timeliness in Land Disputes: Lessons from the Supreme Court

Explore how the Supreme Court upholds prior rulings and enforces deadlines in land disputes, with practical guidance for litigants.

Jurisdiction Over Subdivision Disputes: HLURB vs RTC in Enforcement Actions

Ortigas v. CA clarifies when HLURB has exclusive jurisdiction over subdivision disputes and when the RTC handles local government enforcement cases.

Enforced Disappearance and State Complicity: The Amparo Writ's Core Requirement

The Supreme Court clarifies that a writ of amparo requires proof of state involvement in enforced disappearances, not just evidence that a person is missing.

Speedy Justice in Ejectment Cases: Understanding Summary Procedure Timelines in the Philippines

Learn how the Supreme Court enforces strict timelines in ejectment cases under the Revised Rule on Summary Procedure, using a 2012 administrative case as a guide.

Court Commitment Not to Encumber Property Can Void a Later Mortgage

A court-embodied promise not to dispose of property, annotated on the title, creates enforceable rights. Learn what this ruling means for buyers and lenders.

Proving Rape in the Philippines: Force, Intimidation, and Rejecting the Sweetheart Defense

How Philippine courts weigh force and intimidation in rape cases, and why the sweetheart defense fails without solid proof.

The Power of Compromise: How Philippine Courts Uphold Settlement Agreements

Philippine courts honor settlement agreements as binding contracts. Learn how compromise agreements are enforced and when they can be set aside.

Partnership vs. Loan in the Philippines: Profit-Sharing Terms Still Bind

Philippine courts look beyond contract labels to determine if a deal is a partnership or loan—but agreed profit-sharing terms remain enforceable either way.

Can Landowners Force Water Disconnection for Informal Settlers? Supreme Court Says No

The Supreme Court ruled landowners cannot compel water utilities to disconnect services to informal settlers, balancing property rights with essential services.

Rape Conviction Affirmed: Moral Ascendancy and the Law Applicable at Time of Crime

The Supreme Court affirms a rape conviction, clarifying that moral ascendancy substitutes for force and that the law in effect at the time of the crime governs.

Moral Ascendancy in Rape Cases: Understanding Consent and Legal Implications in the Philippines

The Supreme Court explains how moral ascendancy replaces force in incestuous rape, and clarifies the applicable law and damages.

Incestuous Rape Ascendants Moral Authority Equates TO Force

Self-Defense in the Philippines: Understanding the Limits of Justifiable Force

Philippine law recognizes self-defense, but the burden of proof lies on the accused. Learn the legal limits of justifiable force.

Promissory Notes Enforceability and the Absence of Vitiated Consent

When is a promissory note valid despite claims of pressure? The Supreme Court clarifies consent, consideration, and enforceability.

Continuing Suretyship Scope and Enforceability in Loan Renewals

Philippine Supreme Court clarifies that a continuing suretyship covers loan renewals and future availments under the same credit agreement.

Continuing Suretyship Scope and Enforceability in Loan Renewals

Philippine Supreme Court ruling on whether a continuing suretyship covers renewed credit facilities and subsequent loan availments.

Dismissal for Repeat Offenses: Enforcing Ethical Conduct in Writ Enforcement

A sheriff's second offense for mishandling execution expenses leads to dismissal, underscoring strict rules for sheriffs.