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Showing 97–120 of 741 articles for “force”

Proof Beyond Reasonable Doubt: When a Rape Accusation Fails for Lack of Force or Intimidation

The Supreme Court acquits a rape convict, explaining why voluntary consent negates force, threat, or intimidation under Article 266-A.

Consent Is Key: Why Force, Threat, or Intimidation Matters in Rape Cases

The Supreme Court acquits a rape accused after the prosecution fails to prove force or intimidation, underscoring that consent—or its absence—is the crux of every rape charge.

Union Busting and Illegal Dismissal: Protecting Workers' Right to Organize

A look at how the Supreme Court protected union members from employer retaliation and enforced due process in dismissals.

Incestuous Rape: When Moral Ascendancy Substitutes for Force

The Supreme Court explains how a father's moral ascendancy can substitute for force in incestuous rape cases, and clarifies the distinction between rape by sexual intercourse and sexual assault.

Chain of Custody in Illegal Drug Cases: Ensuring the Integrity of Evidence

A Supreme Court ruling reminds law enforcers that failing to secure the required witnesses during drug inventory can

Safeguarding Integrity: Strict Enforcement of Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect due to police lapses in the chain of custody rule, reinforcing strict compliance with Section 21 of RA 9165.

Force AND Consent IN Rape Examining Standards OF Proof AND Victim Behavior

Protecting Constitutional Rights: Strict Enforcement of Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect due to police failure to comply with Section 21, RA 9165 chain of custody rules.

Incestuous Rape: Moral Ascendancy as Substitute for Force in Father-Daughter Abuse

Philippine Supreme Court ruling explains how a father's moral ascendancy replaces force in incestuous rape, and why conviction stands.

Moral Ascendancy as Force in Incestuous Rape: Protecting Vulnerable Victims

Supreme Court affirms incestuous rape conviction, ruling that a father's moral ascendancy substitutes for force and intimidation under Philippine law.

Voluntary Departure VS Forced Removal When Retirement Applications BAR Reinstatement Claims

When does an employee's retirement application bar a reinstatement claim? The Supreme Court clarifies the distinction between voluntary retirement and illegal dismissal.

Constructive Dismissal When Workplace Hostility Forces Resignation

Voluntary Resignation vs Illegal Dismissal: Protecting Employee Rights in the Philippines

Philippine Supreme Court clarifies when resignation letters and quitclaims are invalid, protecting employees from forced resignations and illegal dismissal.

When Marital Duty and Psychological Capacity Collide: Understanding Annulment in the Philippines

The Supreme Court clarifies what psychological incapacity truly means under Article 36 of the Family Code, and why a loveless or forced marriage is not automatically void.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines

Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.

Compromise Agreements Ensuring Mutuality AND Enforceability IN Debt Settlements

Philippine Supreme Court approves compromise agreement in debt settlement, highlighting mutual concessions and clear terms for enforceability.

Upholding Arbitration Philippine Courts Enforce Foreign Awards Despite Domestic LAW Conflicts

Philippine Supreme Court affirms enforcement of a Singapore arbitral award, clarifying narrow grounds for refusal under the New York Convention.

Father's Moral Ascendancy as Force in Qualified Rape Cases

The Supreme Court affirms that a father's moral ascendancy substitutes for force or intimidation in qualified rape, upholding conviction.

Oral Contracts for Property: Six-Year Prescription Bars Stale Claims for Specific Performance

Oral agreements to transfer property must be enforced within six years. Learn how prescription works and why timely action matters.

Compromise Agreements Court Approval Required FOR Enforceability Against ALL Parties

A compromise agreement approved by the court binds only the parties who signed it, not other claimants in the same case.

Sheriffs Duty to Serve Notice Before Implementing Writs: Consequences of Neglect

A sheriff who enforces a writ without prior notice violates due process. Learn the rules and penalties under Rule 39.

PNP Dismissal Orders: When Are They Immediately Executory?

The Supreme Court clarifies when PNP dismissal orders are immediately executory and how appeals to the National Appellate Board affect enforcement.

Sheriff's Duty of Timely Execution and Periodic Reporting: Lessons from Foster v. Santos

A sheriff's duty to enforce writs is ministerial; failure to report periodically constitutes simple neglect of duty.