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Showing 337–360 of 741 articles for “force”

Rape AND Consent Establishing Force AND Rejecting THE Sweetheart Defense

Upholding Contingent Attorneys Fees When ARE They Enforceable

When are contingent attorney's fees enforceable in Philippine labor cases? The Supreme Court clarifies the rules in Masmud v. NLRC.

Due Process in Electricity Disconnection: Why Law Enforcement Presence Matters

Philippine Supreme Court ruling on RA 7832: electricity disconnection for meter tampering requires law enforcement or ERB representative presence.

VFA Constitutionality Upheld: Balancing Sovereignty and International Agreements

The Supreme Court upheld the Visiting Forces Agreement as constitutional while striking down detention agreements that violated its terms.

Option Contracts Consideration Requirement For Enforceability In Philippine Law

Philippine Supreme Court ruling on option contracts, consideration, and enforceability under Civil Code. Learn key takeaways.

Self Defense Claim Fails THE Duty TO Retreat AND Limits TO Justifiable Force

Finality of Judgment in Disbarment Cases: What Lawyers and Clients Should Know

A disbarred lawyer's attempt to reopen his case fails, as the Supreme Court enforces the doctrine of finality of judgment and cites him for indirect contempt.

Rehabilitation Stay Orders vs Maritime Liens: What Creditors Should Know

Supreme Court clarifies that rehabilitation stay orders suspend maritime lien enforcement, preserving creditor preference without allowing immediate vessel arrest.

Incestuous Rape: The Unquestioned Authority of a Parent and the Absence of Force

The Supreme Court explains why force is not required in incestuous rape when a father's moral ascendancy over a minor child suffices.

Moral Ascendancy and Rape by a Father: The Nido Garte Case

How a father's moral ascendancy substitutes for force and intimidation in incestuous rape, explained through the Nido Garte ruling.

Rape and the Sweetheart Defense: Consent and Force in Philippine Law

Philippine Supreme Court explains why the "sweetheart defense" fails in rape cases and what force and consent truly mean under the law.

Security of Person: The State's Duty to Protect Against Extralegal Killings and Enforced Disappearances

The Manalo ruling defines the constitutional right to security of person and the State's duty to protect citizens from enforced disappearances.

Insider Trading Rules Stand Even Without Implementing Rules, High Court Rules

Supreme Court clarifies insider trading provisions are self-executing and enforceable even without implementing rules, protecting investors.

Compromise Agreements in Philippine Litigation: Ensuring Validity and Enforcement

Learn how Philippine courts treat compromise agreements, including validity requirements, enforcement mechanisms, and practical tips for ensuring compliance.

Rape and Intimidation: How Fear Can Establish Force Without Physical Injury

Philippine Supreme Court clarifies that in rape cases, intimidation can substitute for physical force—a knife threat suffices even without injuries.

Police USE OF Force Justifying Homicide Claims IN THE Philippines

Wage Order Enforcement: Prescription Rules for Money Claims vs Final Judgments

Learn the difference between the 3-year prescription for money claims and the 5-year period to enforce final judgments in Philippine labor law.

Early Retirement Requires Explicit Consent: SC Clarifies Optional Retirement Rules

SC rules an employee cannot be forced into early retirement without explicit consent, clarifying optional retirement and separation pay rules.

Compromise Agreements and the Limits of Technicalities in Enforcing Judgments

A debtor's repeated legal maneuvers cannot suspend the enforcement of a valid compromise agreement approved by the court. The Supreme Court clarifies the rules on execution and prescription.

Compromise Agreements in Labor Disputes: When Settlements Are Final and Binding

Philippine Supreme Court ruling on enforceability of compromise agreements in labor cases, even without counsel present, and limits on lawyer's authority.

Unwavering Enforcement: The Duty to Execute Final Judgments Despite Obstruction

Final judgments must be executed. This case shows how courts can cancel titles to enforce a ruling despite a party's obstruction.

Forced Resignations Protecting Employee Rights Against Coercion

Constructive Dismissal: When Forced Resignation Through Pay Reduction Is Illegal

Philippine Supreme Court ruling on constructive dismissal when an employer's pay reduction forces an employee to resign.

Perfecting Appeals: Strict Observance of Timelines in Labor Disputes

Learn how the Supreme Court enforces strict appeal deadlines in labor cases and why missing them is fatal to a party's cause.