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Showing 25–48 of 741 articles for “force”

Moral Ascendancy in Rape Cases: Why Silence Can Prove the Crime

Philippine law recognizes moral ascendancy as a substitute for force in rape cases. Learn what this means for victims and legal strategy.

Protecting Children: Understanding Qualified Trafficking in Persons in the Philippines

The Supreme Court explains when child trafficking is qualified, why force or coercion need not be proven, and what this means for prosecutions.

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

When Is Deadly Force Justified in the Philippines? Police Use of Force Rules

Philippine law on police use of force, deadly force standards, and what the Supreme Court says about justified shootings.

Theft vs. Robbery in the Philippines: The Element of Force Explained

Understand the difference between theft and robbery under Philippine law, and how the element of force affects criminal liability and penalties.

Rape Conviction Upheld: Force, Consent, and Credibility in Philippine Law

The Supreme Court affirms a rape conviction, clarifying force, consent, credibility, and penalties under the Anti-Rape Law.

Corporate Rehabilitation in the Philippines: Navigating Stay Orders and Foreign Judgments

Philippine Supreme Court clarifies how a rehabilitation stay order suspends enforcement of foreign judgments against a distressed corporation.

Robbery by Extortion: When Law Enforcement Crosses the Line

Police officers who demand money to drop charges commit robbery by extortion. The Supreme Court explains why.

Direct Assault vs Resistance: Understanding the Nuances in Philippine Law

The Supreme Court clarifies when physical force against police officers amounts to direct assault or only resistance and disobedience under Philippine law.

Drawing the Line When Gun Display Becomes Direct Assault on Traffic Enforcers

Supreme Court clarifies when pointing a gun at a traffic enforcer constitutes direct assault, not mere resistance, under Philippine law.

Self-Defense in the Philippines: When Can You Justifiably Use Force?

The Supreme Court clarifies when persistent fist blows from a drunk aggressor constitute unlawful aggression justifying self-defense in the Philippines.

Police Misconduct Excessive Force: SC Upholds Dismissal of PO2 in Fatal Shooting

The Supreme Court affirms dismissal of a police officer for grave misconduct after fatal shooting, clarifying limits of law enforcement authority.

Restrictions on Contractual Rights: The Necessity of Consent in Deed of Assignment

Philippine Supreme Court rules on when a deed of assignment of receivables is unenforceable against the obligor without written consent.

Piercing the Corporate Veil in Labor Cases: The Toledo Construction Ruling

When courts ignore corporate structures to enforce labor judgments, protecting workers from fraudulent asset transfers and evasion.

Enforcing Debt Obligations: Promissory Notes and Checks as Evidence in Sales Transactions

Supreme Court rules promissory notes and dishonored checks can prove a sale and enforce payment, reversing the Court of Appeals.

When Fraud or Force Negates Consent in Rape: People v. Disipulo

The Supreme Court clarifies that consent obtained through fraud or overcome by force is not valid consent in rape cases.

Rehabilitation Plans and Creditor Rights: When Debt Restructuring Binds Secured Creditors

When can a rehabilitation plan force creditors to accept debt restructuring? The Supreme Court explains in China Banking v. St. Francis Square.

Clean Water Act Enforcement: Sewerage Deadlines and the Limits of Good Faith

The Supreme Court clarifies that water concessionaires must meet the Clean Water Act's five-year sewerage deadline, tempering fines despite good faith.

GSIS Board Jurisdiction Limited in Housing Loan Disputes: Key Supreme Court Ruling

Supreme Court clarifies GSIS Board of Trustees lacks exclusive jurisdiction over housing loan disputes involving contract enforcement and damages.

Ascendancy and Abuse: Examining Parental Authority in Rape Cases

The Supreme Court affirms a father's rape conviction, explaining how parental authority can substitute for force and intimidation.

Moral Ascendancy in Incestuous Rape: No Need to Prove Force or Intimidation

In incestuous rape, a father's moral ascendancy substitutes for force and intimidation, so direct proof of violence is unnecessary.

Constructive Dismissal vs. Voluntary Resignation: Key Lessons from ABS-CBN v. Magno

The Supreme Court clarifies the burden of proof in constructive dismissal claims and the fine line between forced and voluntary resignation.

Certiorari Deadlines Strict Enforcement IN Philippine Courts

Philippine Supreme Court clarifies medical malpractice prescription and strict procedural deadlines for certiorari petitions under Rule 45.

Enforced Disappearance Proving Government Involvement IN Philippine LAW

The Supreme Court clarifies the evidentiary standard for enforced disappearance, requiring proof of government involvement in the deprivation of liberty.