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Showing 601–624 of 741 articles for “force”

Rape of a Mentally Disabled Victim: How Courts Assess Force and Intimidation

The Supreme Court explains how force and intimidation in rape are measured when the victim is mentally disabled, citing the Dumanon case.

When Force Is Relative: Rape of a Mentally Disabled Victim in Philippine Law

Philippine Supreme Court ruling on how force and intimidation in rape are measured against a mentally disabled victim's condition.

Reasonable Time for Searches: Balancing Rights and Law Enforcement

Philippine Supreme Court clarifies when nighttime searches are reasonable and how the witness-to-search rule works.

Reviving Expired Judgments in the Philippines: The Terry Case and Contempt Limits

Learn when Philippine judgments expire, how to revive them, and why contempt cannot enforce stale court orders under the Terry ruling.

Statutory Rape vs. Rape by Force: Key Distinctions in Philippine Law

A Supreme Court ruling clarifies the key differences between statutory rape and rape by force, and why a victim's age matters most.

Statutory Rape in the Philippines: Protecting Children and Upholding Justice

A Supreme Court ruling clarifies the elements of statutory rape, the need to prove the victim's age, and the rules on force and damages.

Rape and Mental Incapacity: Consent, Force, and the Case of People v. Lopez

A niece with mild mental retardation is raped by her uncle. The Court explains consent, force, and why the death penalty failed.

Protecting the Vulnerable: Mental Incapacity, Paternal Authority, and Rape Conviction in Philippine Law

In Brondial, the Supreme Court affirmed a father's death sentence for raping his 12-year-old daughter, ruling that parental authority substitutes for force.

Discretionary Execution Pending Appeal: When Philippine Courts Can Enforce Judgments Immediately

Learn when Philippine courts may order execution pending appeal, the "good reasons" required, and how the Supreme Court applies Rule 39.

When Duty Turns Deadly: Examining the Limits of Police Use of Force in the Philippines

Philippine law allows police to use deadly force only as a last resort. This article explains the legal boundaries, justified homicide, and accountability.

CSC Resolution Cannot Be Enforced While Pending Appeal: Due Process Rules

The Supreme Court clarifies that a CSC resolution pending appeal cannot be immediately enforced, upholding due process rights of public officials.

Enforcing Court Orders: Why Sheriffs and Judicial Restraint Matter in Philippine Cases

A Philippine Supreme Court ruling on lease rescission, execution pending appeal, and the limits of a sheriff's power to enforce court orders.

Incestuous Rape: When a Father's Moral Ascendancy Counts as Intimidation

The Supreme Court affirms a father's rape conviction, ruling that a parent's moral ascendancy over a child substitutes for force and intimidation.

Immediate Execution of RTC Ejectment Judgments: What the Supreme Court Has Held

When the RTC affirms an ejectment ruling, the order to vacate is immediately enforceable—even if the losing party appeals. Here's why.

Contempt of Court: Balancing Judicial Authority and Individual Rights in the Philippines

Philippine Supreme Court ruling on indirect contempt, fines versus indefinite incarceration, and the courts' coercive power to enforce orders.

Statute of Frauds and Implied Trusts When Verbal Agreements Fail in Property Disputes

When verbal property deals fail, the Statute of Frauds and implied trust rules decide enforceability. Learn from a Supreme Court case.

Modal Institutions in Philippine Wills: Heirs' Obligations and the Rabadilla Ruling

Learn how modal institutions in Philippine wills impose enforceable obligations on heirs, based on the Supreme Court's ruling in Rabadilla v. Court of Appeals.

Forcible Abduction and Rape: When "Elopement" Is Actually a Crime

Philippine Supreme Court clarifies forcible abduction, rape, and grave coercion in People v. De Lara, distinguishing consensual elopement from criminal force.

Police Use of Force in the Philippines: When Is Homicide Justified

The Supreme Court clarifies when a police officer's use of deadly force is justified, and when it becomes homicide.

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

The Supreme Court affirms a rape conviction, clarifying that lack of resistance is not consent and minor testimonial inconsistencies do not destroy credibility.

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

A disbarred lawyer's attempt to revive his case fails—what the Supreme Court's ruling means for finality of judgments and enforcement.

Rape Conviction: Positive Identification and the Relative Standard of Force and Intimidation

The Supreme Court explains how a rape victim's positive identification and the relative nature of force and intimidation can secure a conviction.

When Can You Use Force in Self-Defense? Philippine Law Explained

Philippine law on self-defense explained: when force is justified, the burden of proof, and what the Supreme Court requires.

Sheriffs' Duty to Execute Writs Promptly: Lessons from Casaje v. Gatbalite

A sheriff's delay in executing final judgments draws administrative liability. The Supreme Court explains the duty of prompt enforcement.