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Showing 313–336 of 741 articles for “force”

Contractual Obligations: Interpreting Intent and the Parol Evidence Rule in Loan Agreements

When a loan agreement's terms are clear, courts enforce the written word—not verbal promises. The Supreme Court explains why in Norton Resources v. All Asia Bank.

Liberty vs Military Authority: Balancing Rights in the Philippine Armed Forces

Supreme Court ruling on a general's preventive suspension and arrest, clarifying due process and injunctive relief in military discipline cases.

When Loan Restructuring Terms Must Be in Writing: The Marcopper Case

A Supreme Court ruling on why unwritten conditions in loan restructuring cannot be enforced, and the binding nature of written agreements.

Rape AND Credibility HOW Philippine Courts Evaluate Consent AND Force

When Silence Does Not Mean Consent: Self-Defense and Resistance in Philippine Rape Law

In People v. Madeo, the Supreme Court explains why a rape victim's failure to shout or resist does not prove consent, and how force and intimidation are assessed.

Compromise Agreements Enforceability Hinges on Fulfilled Conditions

When a court-approved compromise agreement's conditions remain unfulfilled, the original obligation revives and execution may proceed.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's belated bid to reopen his case fails; the Court enforces finality, cites contempt, and orders execution.

The Informant's Shield: Balancing Drug Enforcement and Defendants' Rights in Buy-Bust Operations

The Supreme Court clarifies when buy-bust operations are valid, how chain of custody works, and why informants' identities are protected.

Voluntary Retirement vs Illegal Dismissal: Employee Rights in Downsizing

When does a retirement package become a forced exit? The Supreme Court clarifies the thin line between voluntary retirement and illegal dismissal.

Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio

Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.

Rape Conviction Upheld: Force and Intimidation Override Mental Capacity Concerns

The Supreme Court affirms a rape conviction in People v. Neverio, ruling that force and intimidation, not proof of mental retardation, sustain the guilty verdict.

Novation and Loan Enforceability: When a Verbal Change Makes a Debt Due

Explaining how a verbal agreement to start paying early can novate a loan's conditions, making it due and demandable under Philippine law.

Contractual Obligations Prevail Interpreting Collective Bargaining Agreements in Labor Disputes

When CBA terms are clear, courts enforce them literally—even if the employer later finds the deal unfavorable.

Possession Is Nine Tenths of the Law: Enforceability of a Writ of Possession During Appeal

Philippine Supreme Court clarifies when a writ of possession in extrajudicial foreclosures can be enforced even while an appeal is pending.

Voluntary Easements: Enforceability and Extinguishment of Right of Way Agreements

When can a voluntary right of way be cancelled? The Supreme Court explains why adequate access does not extinguish an agreed easement.

Correcting Typographical Errors Valid Execution Despite Misstated Property Address

A typographical error in a judgment's dispositive portion does not render it defective or unenforceable. The Supreme Court explains how courts may correct such errors.

Delegation of Search Warrant Endorsement: Balancing Efficiency and Safeguards in Criminal Investigations

The Supreme Court amends rules to allow law enforcement heads to delegate search warrant endorsements, balancing efficiency with judicial safeguards.

Resignation With Assurance: Enforceability of Separation Pay Agreements in Voluntary Resignations

Philippine Supreme Court ruling on when a voluntary resignation with a promised separation pay creates an enforceable obligation on the employer.

Judicial Approval of Compromise Agreements: Binding Parties to Mutually Agreed Terms

When parties settle a dispute, court approval of their compromise agreement makes it binding and enforceable as a final judgment.

Enforcing a Final Disbarment Ruling: The Doctrine of Immutability of Judgment in A.C. No. 12880

The Supreme Court enforces a final disbarment decision, citing the doctrine of immutability of judgment and holding a lawyer in contempt for defiance.

Accountability Prevails THE Legal Implications OF Group Action AND Superior Force IN Criminal Liability

Homeowner Association Disputes: HLURB Jurisdiction Over Internal Rule Enforcement

When a homeowner association dispute involves internal rules, the HLURB—not regular courts—has jurisdiction. Learn from the Eristingcol case.

Revival of Judgment Safeguarding Property Rights After Forcible Entry

Philippine Supreme Court ruling on co-owner recovery actions, tenant protections under P.D. 1517, and property rights enforcement.

Rape Conviction Affirmed: Force, Intimidation, and Carnal Knowledge in Philippine Law

The Supreme Court clarifies force, intimidation, and carnal knowledge in rape under RA 8353, affirming a conviction.