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Showing 529–552 of 741 articles for “force”

Buy-Bust Operations and Warrantless Arrests: The Balance Between Law Enforcement and Individual Rights

The Supreme Court explains when a buy-bust operation justifies a warrantless arrest and seizure of drugs, balancing police work and constitutional rights.

Parental Authority vs. Abuse: How Philippine Law Protects Children in Rape Cases

In People v. Abellano, the Supreme Court affirmed a father's death sentence for raping his 14-year-old daughter, ruling that parental authority substitutes for force.

Finality of Judgment in Disbarment Cases: The Bihag v. Era Resolution

The Supreme Court enforces final disbarment decisions, citing a lawyer for contempt and ordering execution of the judgment.

Rape and Consent: Proving Force or Intimidation Beyond a Sweetheart Defense

The Supreme Court affirms that a sweetheart relationship does not negate rape; force or intimidation must still be proven.

Rape: Lack of Physical Injuries Not Always Proof of Consensual Sex

Philippine Supreme Court clarifies that absence of extra-genital injuries does not negate force or intimidation in rape cases.

Self-Defense or Murder: The Limits of Justifiable Force in Philippine Law

A Philippine Supreme Court ruling clarifies when a killing is murder and how treachery, not self-defense, determines criminal liability.

Rape Intimidation Nullifies the Need for Physical Resistance

Philippine Supreme Court ruling explains how intimidation with a deadly weapon satisfies the force requirement in rape, negating the need for physical resistance.

Rape Conviction Affirmed: Force, Intimidation, and the Credibility of the Victim

The Supreme Court affirms a rape conviction, explaining how force and intimidation satisfy the elements of the crime under the Revised Penal Code.

Rape and Abuse of Trust: Upholding the Sanctity of Consent and Familial Relationships

The Supreme Court affirms rape conviction where a guardian-like relative used force and threats, underscoring that consent is never presumed within familial bonds.

Rape and Breach of Trust: Force and Intimidation in Familial Abuse Cases

How the Supreme Court ruled that a guardian's abuse of trust and physical violence established force and intimidation in rape.

Sheriffs Must Execute Writs Promptly: Limits on Discretion and Dialogue

When a writ of execution is placed in a sheriff's hands, the duty to enforce it is ministerial. Delays and unauthorized "dialogues" can result in administrative liability.

Rape, Fear, and Testimony: Lessons from People v. Cesista

A father's moral ascendancy can substitute for force in rape. Learn the rules on victim testimony, intimidation, and penalties.

Statutory Rape and Parental Authority: Why the Supreme Court Upheld a Father's Conviction

The Supreme Court affirms a father's rape conviction, explaining how parental moral ascendancy substitutes for force and why proof of age matters for the death penalty.

Rape and Intimidation: When a Father's Moral Ascendancy Substitutes for Force

Philippine Supreme Court ruling on incestuous rape, moral ascendancy, and why the death penalty was reduced to reclusion perpetua.

Preemptive Rights in Philippine Corporations: Making Your Right of First Refusal Valid

Learn how Philippine law treats preemptive rights and right of first refusal in corporations, and how to make these rights valid and enforceable.

Entrapment vs Instigation: Safeguarding Rights in Drug Enforcement

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug cases, and explains how courts protect accused persons' rights.

When Employment Contracts Expire: Protecting Security of Tenure in Philippine Labor Law

The Supreme Court clarifies when contract expiration becomes illegal dismissal, and why employees cannot be forced into early retirement before age 65.

Sheriffs' Duty to Execute Court Orders: Balancing Diligence and Due Process

Philippine Supreme Court clarifies sheriffs' duty to promptly execute writs of demolition, balancing enforcement with respect for due process.

Rape and Consent: Examining Force and Intimidation in Philippine Law

The Supreme Court affirms a death sentence for statutory rape of a six-year-old, clarifying that force is presumed when the victim is under twelve.

Corporate Dissolution and Judgment Enforcement: Rights Survive Liquidation

A final judgment can still be enforced after a corporation dissolves — the Supreme Court explains why in this ruling.

Entrapment and Illegal Possession: Balancing Rights and Law Enforcement in Drug Cases

Philippine Supreme Court ruling on entrapment operations, illegal drug and firearm possession, and the limits of police conduct.

Self-Defense or Murder: The Limits of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when a claim of self-defense fails and treachery turns a killing into murder under Philippine law.

Automatic Membership in Property Associations: Enforceability and Freedom of Association

Philippine Supreme Court ruling on automatic membership clauses in property deeds, their enforceability against successors-in-interest, and limits of freedom of association.

Rape Conviction Upheld: Intimidation With a Weapon Constitutes Force in Sexual Assault

The Supreme Court affirms a rape conviction, ruling that threatening a victim with a bolo constitutes the force or intimidation required by law.