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Showing 361–384 of 741 articles for “force”

Motion Denied: Strict Enforcement of Notice Requirements in Lifting Property Levies

Philippine Supreme Court ruling on quieting title, property levies, and the strict enforcement of redemption periods after execution sales.

Limits of Self-Defense When Force Used Exceeds the Threat

Philippine Supreme Court ruling on when self-defense fails because the force used exceeds the threat, with practical legal takeaways.

Surety Bond Enforceability: Non-Payment of Premiums Does Not Nullify Obligations to Labor Claimants

Supreme Court rules surety bonds in labor appeals remain valid despite unpaid premiums, protecting workers' monetary awards.

When a Surety Bond Cannot Be Cancelled: AFP General Insurance v. Molina on Garnishment and Labor Awards

The Supreme Court ruled that a supersedeas bond posted to perfect an employer's appeal stays valid and enforceable until the case is finally disposed of, even if premiums go unpaid.

Sheriff's Ministerial Duty to Execute Writs and the Proper Procedure for Collecting Expenses

A Philippine Supreme Court ruling explains why a sheriff's duty to enforce a writ is mandatory, and why collecting execution expenses outside the rules is misconduct.

Letter of Undertaking Enforceability and Independence From Negotiable Instruments

Supreme Court rules a letter of undertaking is a separate contract, binding even if the underlying sight draft is discharged under the Negotiable Instruments Law.

Upholding Contractual Obligations: The Binding Force of Agreed Interest Rates in Credit Transactions

Supreme Court ruling on agreed interest rates in credit sales, party autonomy, and limits on unconscionable charges.

Mutuality of Contracts: The Limits of Bank Discretion in Setting Interest Rates

Philippine Supreme Court clarifies that unilateral interest rate setting violates mutuality of contracts, but the principal loan obligation remains valid and enforceable.

Enforcement OF Estate Obligations Probate Courts Power TO Execute Sales Agreements

Sheriffs Duty in Enforcing Writs of Execution and Reporting Requirements

A sheriff's failure to enforce a writ of execution and file required reports constitutes simple neglect of duty, warranting suspension.

Sheriffs’ Duty to Execute Writs with Diligence: Lessons from Vargas v. Primo

A sheriff’s ministerial duty to enforce writs promptly is underscored in Vargas v. Primo, where neglect led to suspension.

Compromise Agreements in Mining Disputes: The Binding Force of MOUs and the Duty of Speedy Disposition

The Supreme Court clarifies when a Memorandum of Understanding becomes a binding compromise agreement in mining disputes, and why tribunals need not wait indefinitely for parties to settle.

Execution Must Reflect Judgment Altering Terms Invalidates Writ

A writ of execution that varies the terms of the judgment it enforces is void. Learn the rule from KKK Foundation v. Judge Calderon-Bargas.

Credit Card Interest and Penalties: Balancing Contractual Freedom and Unconscionability in Debt Obligations

The Supreme Court clarifies when credit card interest and penalty rates are enforceable and when courts may reduce them as unconscionable.

Publication Requirement for Enforceability of NEA Regulations

The Supreme Court ruled on the publication requirement for NEA regulations to be enforceable, clarifying the doctrine of prior publication.

Mandatory Retirement Age for Water District Employees: The Bayona Case

The Supreme Court affirms that water district employees must retire at 65, not 60, and that forced early retirement entitles them to back salaries.

Upholding Labor Standards THE Secretary OF Labors Enforcement Powers AND Employee Rights TO Monetary Claims

Piercing the Corporate Veil: Name Change vs. Corporate Identity in Insurance Claim Execution

When can a judgment be enforced against a corporation that merely shares a name with the judgment debtor? The Supreme Court clarifies the distinction between a name change and corporate identity.

Upholding Ethical Standards Extramarital Affairs AND THE Judiciarys Integrity

Explore how the Supreme Court reinforces judicial ethics, holding court personnel accountable for procedural lapses and safeguarding public trust.

Land Dispute Resolution Supreme Court Upholds COSLAP Authority and Emphasizes Judicial Hierarchy

The Supreme Court reinforces the doctrine of judicial hierarchy and res judicata in land disputes involving COSLAP, dismissing a direct petition for certiorari.

Force and Intimidation in Rape Cases: The Victim's Perspective Under the Anti-Rape Law

Examining how courts assess force and intimidation in rape cases through the victim's perspective, as illustrated in People v. Soriano.

Voluntary Resignation vs Constructive Dismissal: What Philippine Employees Must Prove

When is a resignation forced? The Supreme Court clarifies the burden of proof in constructive dismissal cases under Philippine labor law.

People v. Abulon: Penetration, Consent, and Rape by Sexual Assault in the Family Home

A 2007 Supreme Court ruling on incestuous rape clarifies when tongue insertion counts as rape, when it is acts of lasciviousness, and how a father's moral sway replaces force.

Voluntary Resignation vs Illegal Dismissal: What the Supreme Court Said

When is a resignation voluntary and not forced? The Supreme Court explains the difference in Globe Telecom v. Crisologo.