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Showing 457–480 of 741 articles for “force”

Upholding Barangay Amicable Settlements: Enforceability and Timeliness

The Supreme Court affirms that barangay amicable settlements have the force of final judgments, and explains why delayed execution petitions fail.

Security of Tenure vs Political Patronage: Protecting Civil Service Employees From Unlawful Dismissal

When a mayor forced a municipal engineer to resign or transfer, the Supreme Court reaffirmed that civil service security of tenure cannot be sacrificed to political patronage.

Execution Pending Appeal: When Can a Judgment Be Enforced Early

Learn the strict rules for discretionary execution pending appeal under Rule 39, and the consequences when a judge oversteps.

Restoring Possession After a TRO: Lessons from a Lawyer's Suspension

When a TRO is already enforced, seeking another restraining order to restore possession can be professional misconduct. Learn from this disciplinary case.

Conjugal Property Sale Without Spouse's Consent Is Void: Key Ruling

Supreme Court explains when a sale of conjugal property without the other spouse's consent is void, and why a mere option to buy is not enforceable.

When Election Rules Override Commercial Contracts: The Chavez v. COMELEC Precedent

Can election rules force removal of product endorsements featuring a candidate? The Supreme Court says yes, explaining why.

Statute of Frauds and Verbal Sales of Real Property in the Philippines

Philippine Supreme Court explains when verbal agreements to sell real property may be enforceable despite the Statute of Frauds.

Strict Enforcement of the 60-Day Rule in Certiorari Petitions: Prudential Guarantee v. Court of Appeals

The Supreme Court affirms dismissal of a late certiorari petition, underscoring the mandatory and inextendible 60-day period under Rule 65.

Sheriffs' Duty to Timely Execute Writs and Accountability in Philippine Law

Philippine Supreme Court clarifies sheriffs' duty to enforce writs promptly and their accountability for actions that delay execution.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Rape and Consent: Examining the Boundaries of Sexual Assault in the Philippines

The Supreme Court affirms a rape-with-homicide conviction, clarifying how force and lack of consent are established in Philippine law.

When Moral Ascendancy Substitutes for Force in Statutory Rape Cases

The Supreme Court explains how a father figure's moral ascendancy can substitute for force and intimidation in rape convictions.

Standby Letters of Credit Stand Outside Corporate Rehabilitation Stay Orders

Philippine Supreme Court ruling on why standby letters of credit are not covered by rehabilitation stay orders and remain enforceable against issuing banks.

Police Officer Convicted in Drug Sale: When Law Enforcers Face Aggravated Liability

A police officer's conviction for selling shabu shows how conspiracy works and why his uniform did not shield him from liability.

Consent in Rape Cases: Force, Intimidation, and Credibility Under Scrutiny

The Supreme Court acquits a rape accused, explaining when lack of resistance signals consent and how courts test force and intimidation.

Due Process and the Right to Present Evidence: Lessons from People v. Oga

The Supreme Court acquits a rape accused, showing how the prosecution must prove force and intimidation beyond reasonable doubt.

Enforcement Delayed: Prescription and Revival of Judgments in Philippine Property Disputes

A Philippine Supreme Court ruling explains the five-year and ten-year deadlines for enforcing judgments, and the consequences of delay.

Rape and Incest: The Supreme Court's Stance on Protecting Victims From Parental Abuse

The Supreme Court affirms rape conviction, clarifying force is relative and rejecting the sweetheart defense in abuse cases.

Rape Conviction Affirmed Understanding THE Elements OF Force AND Consent IN Cases Involving Minors

Contractual Obligations Upholding Clear Terms In Waiver Agreements

The Supreme Court enforces the plain terms of a waiver agreement, ruling that clear contractual stipulations prevail over claims of unexpressed intent.

Probable Cause and Due Process: When a Judge’s Contempt Power Becomes Grave Abuse

A Supreme Court ruling on a judge’s arrest of a traffic enforcer clarifies the limits of contempt power and due process.

Threat of Force Nullifies Consent: Rape Conviction Affirmed Despite Lack of Physical Resistance

Philippine Supreme Court affirms rape conviction, ruling threats of death negate consent and proving force is unnecessary in statutory rape.

Upholding Migrant Workers Act: Courts Can't Stop Enforcement Without Proof of Harm

Supreme Court rules courts cannot enjoin enforcement of the Migrant Workers Act without clear proof of irreparable injury to those challenging it.

When Government Action Excuses Contractual Performance: Force Majeure in Philippine Law

Philippine law on force majeure and how government acts may excuse contractual performance, explained for everyday readers.