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Showing 481–504 of 741 articles for “force”

Rape and Moral Ascendancy: Penetration Not Required for Consummation

Philippine Supreme Court clarifies that full penetration is not required for consummated rape, especially when moral ascendancy substitutes for force.

Enforceability of Venue Stipulations in Contracts of Adhesion: Piltel v. Tecson

Philippine Supreme Court rules on when venue stipulations in contracts of adhesion bind subscribers, citing Piltel v. Tecson.

Settlement Trumps Appeal: The Binding Force of Compromise Agreements in Philippine Courts

Philippine Supreme Court ruling on compromise agreements, their binding effect, and limits on appeal rights.

Warrantless Arrests Based ON Tips Striking A Balance Between LAW Enforcement AND Individual Rights

When Ambiguity Clouds Inheritance Agreements: The Quiros v. Arjona Ruling

A barangay settlement left the land unidentified. The Supreme Court ruled the deal valid but unenforceable, pointing heirs to reformation instead of nullity.

Freedom to Contract vs Equity: No Perfected Contract, No Forced Sale of Government Property

Supreme Court rules equity cannot compel the National Housing Authority to sell land without a perfected contract of sale.

Limits of Self-Defense When Force Exceeds the Threat in Philippine Law

When a victim fights back against a rapist, does the law punish excessive force? Philippine jurisprudence explains the limits.

Judicial Accountability and the Limits of a Sheriff’s Duty in Execution of Judgments

A sheriff who enforced a writ on the wrong property was cleared of administrative liability — but the ruling clarifies key limits on execution.

Incestuous Rape and Moral Ascendancy as Substitute for Force in Philippine Law

In People v. Lou, the Supreme Court upheld a rape conviction on moral ascendancy, not force, and clarified when the death penalty may be imposed.

Rape and Credibility: How Inconsistencies in Victim Testimony Are Weighed

Philippine Supreme Court clarifies how courts assess victim credibility, force, intimidation, and qualifying circumstances in rape cases.

Credibility of Testimony in Rape Cases: The Importance of Consistent and Believable Evidence

Philippine Supreme Court ruling on witness credibility, force, intimidation, and proof of qualifying circumstances in rape cases.

Upholding Barangay Dispute Resolutions Enforceability AND Timeframes FOR Amicable Settlements

The Supreme Court clarifies when barangay amicable settlements become final and how the six-month execution period under the Local Government Code should be counted.

Warrantless Arrests and Searches Incident Thereto: Balancing Rights and Law Enforcement in Philippine Law

The Supreme Court explains when warrantless arrests and incidental searches are valid under Philippine law, using a marijuana transport case.

Rape Conviction Stands: Force and Intimidation Trump Claims of Consent in Sweetheart Defense

SC affirms rape conviction of man who attacked a mentally disabled woman, ruling force and intimidation override any alleged romantic relationship.

Pre-Trial Stipulations Enforceability and Binding Effect on Parties

How stipulations made during pre-trial bind parties and the court, with rules on enforceability under Philippine procedure.

Deportation and Due Process: Ensuring Fair Treatment for Foreign Nationals

The Supreme Court clarifies deportation rules for foreign nationals, balancing immigration enforcement with due process rights under Philippine law.

Rape and the Requisites of Force and Intimidation

Explaining when force or intimidation must be alleged and proved in rape cases, and why the victim's age matters under Philippine law.

Rape Conviction Upheld: Force, Intimidation, and the Death Penalty in Philippine Law

The Supreme Court clarifies force and intimidation in rape, and why a conviction was reduced from death to reclusion perpetua.

Incestuous Rape: Moral Ascendancy as Substitute for Force and Intimidation

In incestuous rape, a father's moral ascendancy over his daughter can substitute for force and intimidation, the Supreme Court ruled in People v. Madera.

Kidnapping for Ransom: False Inducement and the Role of Circumstantial Evidence

When a victim initially consents to go with an accused, kidnapping can still occur if force is later used to detain them.

Burden of Proof in Rape Cases: Consent and the Presumption of Innocence

The Supreme Court acquits a rape accused where prosecution failed to prove force or intimidation, reaffirming the presumption of innocence and the prosecution's burden.

Sheriffs Authority and Limits in Carrying Firearms During Writ Enforcement

Supreme Court ruling on sheriffs' duties, custody of seized goods, and limits of authority in enforcing search warrants.

Moral Ascendancy in Incestuous Rape: How a Father's Power Overcomes a Victim's Will

The Supreme Court explains why moral ascendancy, not just physical force, overcomes a victim's will in incestuous rape cases.

Self-Defense and Homicide: The Boundaries of Justifiable Force in the Philippines

The Supreme Court clarifies when self-defense fails and why a killing without treachery is homicide, not murder.