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Showing 577–600 of 741 articles for “force”

Interlocutory VS Final Orders Understanding Enforceability IN Philippine Courts

Philippine courts explain the difference between interlocutory and final orders, and when each can be enforced or appealed.

When Can an Employer Be Sued for an Employee’s Libel? The Premature Enforcement Rule

Philippine Supreme Court clarifies that an employer’s subsidiary liability for an employee’s libel can only be enforced after criminal conviction, not before.

Moral Ascendancy as Substitute for Force in Incestuous and Family Rape Cases

Philippine Supreme Court ruling on how moral ascendancy and intimidation can substitute for physical force in rape convictions.

Enforceability of Consultancy Agreements: Influence Peddling and Public Policy

When a consultancy agreement rests on influence peddling with government officials, Philippine courts will not enforce it as against public policy.

Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final judgments in disbarment cases, citing a lawyer for indirect contempt and disobedience for refusing to return client funds.

Enforcement of Foreign Judgments: Comity, Jurisdiction, and Burden of Proof

Philippine Supreme Court clarifies rules on enforcing foreign judgments, comity, and burden of proof in Asiavest v. PNCC.

Compromise Agreements Enforceability and Third Party Rights in Philippine Law

Philippine Supreme Court ruling on spousal consortium, habeas corpus, and the limits of court-ordered cohabitation under the Family Code.

Habeas Corpus and Marital Consortium: When Courts Cannot Compel a Spouse to Live Together

Philippine Supreme Court clarifies that habeas corpus cannot compel a spouse to live together, and that consortium is enforced by mutual affection, not court orders.

When Final Judgments Go Unenforced: Sheriffs' Duty to Execute Writs

A Supreme Court ruling on sheriffs' ministerial duty to execute final judgments, and the consequences of delay.

Constructive Dismissal When Employer Actions Force Resignation: Hyatt Taxi Services vs. Catinoy

Preventive suspension beyond 30 days and conditional reinstatement can amount to constructive dismissal, as ruled in Hyatt Taxi Services vs. Catinoy.

Right of First Refusal Validity and Enforceability in Philippine Contract Law

Philippine Supreme Court clarifies when a right of first refusal is valid and enforceable in property and contract disputes.

Execution Pending Appeal When Urgency Justifies Immediate Enforcement

Explains when Philippine courts may allow execution pending appeal, using Standard Insurance v. Court of Appeals as a guide.

Safeguarding Suffrage: Voter Registration Deadlines and Comelec's Authority

The Supreme Court upholds Comelec's authority to enforce the 120-day voter registration ban under RA 8189.

Rape, Parental Authority, and Moral Ascendancy in Child Abuse Cases

How moral ascendancy and parental authority establish force in rape cases, and why the Supreme Court reduced the death penalty.

Enforcement of Foreign Judgments in the Philippines: Summary Judgment and Forum Non Conveniens

Philippine courts explain when summary judgment is proper in enforcing foreign judgments and when forum non conveniens applies.

Incestuous Rape: Proving Guilt and Ensuring Fair Sentencing in the Philippines

A father's rape conviction affirmed but death penalty reduced—explaining the rules on victim credibility, force, and proving minority.

When Fear, Not Force, Proves Rape: Lessons from People v. Cuadro

The Supreme Court affirms rape convictions where a stepfather exploited moral dominance and intimidation, explaining why submission is not consent.

Rape Consensual or Forced: Evaluating Delayed Reporting and Parental Authority in Incest Cases

Supreme Court ruling on incestuous rape, delayed reporting, and admissibility of a child victim's res gestae statements.

Sheriff's Abuse of Authority: Limits on Force in Executing a Writ

The Supreme Court fined a sheriff P5,000 for using acetylene torches and force to enforce a writ of execution, setting clear limits on a sheriff's authority.

Moral Ascendancy in Child Rape Cases: When a Stepfather's Influence Replaces Physical Force

Philippine Supreme Court ruling on how a stepfather's moral ascendancy can substitute for force or intimidation in child rape cases.

Compromise Agreements: The Binding Force of Reduced Debt vs Contractual Conditions

A Supreme Court ruling explains when a compromise agreement binds a creditor, the limits of fraud claims, and the legal nature of stale manager's checks.

Self Defense OR Brutal Attack Examining THE Limits OF Justifiable Force IN Homicide

Rape and Consent: Examining the Boundaries of Force and Intimidation in Philippine Law

The Supreme Court clarifies that rape is defined by lack of consent, not by the timing of physical force. A knife held during the act proves intimidation, and the death penalty was reduced to reclusio

Self-Defense: When Apparent Danger Justifies Deadly Force in Philippine Law

Philippine Supreme Court clarifies when self-defense justifies deadly force, requiring actual unlawful aggression, not just perceived threats.