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Showing 145–168 of 741 articles for “force”

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.

Contractual Waivers and Delayed Claims: Quality Disputes in Construction Agreements

Examine how the Supreme Court enforced a contractual waiver clause in a construction dispute, barring a delayed quality claim.

Self-Defense Under Scrutiny: Establishing Unlawful Aggression in Homicide Cases

The Supreme Court clarifies when self-defense fails in homicide cases, emphasizing unlawful aggression and reasonable necessity of force.

Contractual Venue Stipulations: Enforceability and Waiver in Philippine Courts

Philippine Supreme Court clarifies when exclusive venue clauses in contracts bind parties and when they are waived.

Moral Ascendancy in Qualified Rape: How Step-Parents Breach Trust

The Supreme Court affirms that a step-parent's moral ascendancy can substitute for force and intimidation in qualified rape cases.

Qualified Rape: Moral Ascendancy as Substitute for Force in Step-Parent Abuse

Step-parent moral ascendancy can substitute for force in qualified rape, as shown in People v. De Guzman.

Shareholder Rights Upholding Inspection Rights Despite Corporate Disputes

Supreme Court clarifies that stockholders' inspection rights remain enforceable in RTC even when majority shares belong to sequestered corporations.

Breach of Notarial Duty: Upholding Integrity in Legal Practice

Explore how the Supreme Court reinforced accountability for public officers in lease and procurement irregularities.

Protecting the Vulnerable: The Duty of Moral Ascendancy in Familial Rape Cases

How the Supreme Court affirmed a father's rape conviction, explaining why moral ascendancy replaces force in incestuous abuse.

Upholding the Credibility of a Rape Victim's Testimony and the Burden of Proof

In People v. Amar, the Supreme Court convicted a father of raping his daughter, showing how moral ascendancy substitutes for force and how denial and alibi fail.

Rape Conviction Upheld Clarifying THE Application OF Force AND Intimidation IN Sexual Assault Cases

Sheriffs Must Enforce Court Orders: Ministerial Duty and Accountability in the Philippines

When a sheriff refuses to enforce a writ, the judgment becomes a hollow victory. This case clarifies the sheriff's ministerial duty and the consequences of failing to perform it.

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Abuse Cases

Philippine Supreme Court affirms rape conviction, explaining how force, intimidation, and moral ascendancy establish guilt in sexual abuse cases.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Assault Cases

The Supreme Court affirms a stepfather's rape conviction, explaining how force, intimidation, and moral ascendancy satisfy the elements of rape under Philippine law.

Promissory Notes Enforceability and the Limits of Contractual Interpretation

Supreme Court clarifies that a creditor must prove the exact deficiency amount with supporting evidence, not just present a bare statement of account.

Moral Ascendancy in Statutory Rape: Redefining Intimidation in Familial Abuse Cases

Philippine Supreme Court clarifies that moral ascendancy replaces force or intimidation in rape by a common-law father, protecting minor victims.

When a Father's Denial Fails: Qualified Rape and Damages in People v. Mendoza

Supreme Court affirms qualified rape conviction of a father, clarifies force need not be proven in incestuous rape, and increases damages.

Good Faith and Land Titles: The Limits of Torrens System Protection in the Philippines

A Supreme Court ruling clarifies when a buyer's failure to pay full price under a Contract to Sell prevents enforcement, and the limits of good faith claims.

Government Contracts Enforceability AND THE Necessity OF Legal Requirements

A look at when government contracts are binding and why strict legal requirements matter for enforceability in the Philippines.

Upholding Legal Ethics Attorneys Cannot USE Force TO Claim Disputed Property Rights

Conspiracy and the Element of Force in Rape and Homicide Cases in the Philippines

The Supreme Court clarifies conspiracy, force, and proper charges in rape and homicide, modifying a conviction from simple to qualified rape.

Forced Resignation: When a "Voluntary" Resignation Is Really Illegal Dismissal

Philippine Supreme Court clarifies when a resignation is forced and amounts to illegal dismissal, protecting employees from undue influence.

Forced Resignation: The Employer's Burden to Prove Voluntariness

When is a resignation forced? The Supreme Court clarifies that employers must prove voluntariness by clear and convincing evidence.