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Showing 169–192 of 741 articles for “force”

Acquittal in Rape Case: The Crucial Role of Force, Threat or Intimidation

The Supreme Court acquitted a rape accused because the prosecution failed to prove force, threat, or intimidation, a required element of rape.

Enforceability of Oral Contracts: Protecting Contractors' Rights Through Quantum Meruit

Oral contracts are binding in the Philippines. Learn how quantum meruit protects contractors who complete work without written agreements.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Attorney Disbarred for Neglect and Misrepresentation in LANECO Case Faces Contempt and Execution

Supreme Court denies lawyer's bid to reopen final disbarment case, cites him for contempt and orders execution to enforce return of PHP 4.1 million.

Treaty Obligations vs Domestic Law: Enforceability of UN Human Rights Committee Views in Philippine Courts

The Supreme Court rules that UN Human Rights Committee views are recommendatory, not enforceable through mandamus in Philippine courts.

Moral Ascendancy as Force in Parental Rape: Erosion of Trust in People v. Mayola

Father convicted of qualified rape: moral ascendancy substitutes for force, delay in reporting does not negate the crime.

Moral Ascendancy in Incestuous Rape: Upholding Protection for Child Victims

The Supreme Court affirms the conviction of a father for qualified rape, explaining how parental moral ascendancy substitutes for force and intimidation.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

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

A disbarred lawyer's attempt to revive his case fails; the Supreme Court enforces finality and cites indirect contempt.

Surety Agreements and Conditions Precedent: What the Supreme Court Said in RCBC v. Bernardino

The Supreme Court clarifies when surety agreements are enforceable and how conditions precedent are proven, in RCBC v. Bernardino.

Rape of an Intoxicated Victim: Consent and Consciousness Under Philippine Law

The Supreme Court ruled that sex with a woman unconscious or deprived of reason from intoxication is rape, even without force.

Lease Default and Lessor Rights: Reading Contract Clauses Literally

Philippine Supreme Court ruling on lessor rights upon lessee default, contract interpretation, and enforcement of claims against a deceased lessee's estate.

Protecting the Accused: The Limits of Unpleaded Allegations in Rape Cases

The Supreme Court clarifies that convictions for statutory rape rest on age and carnal knowledge, not on unpleaded details like force or location.

Protecting the Vulnerable: Statutory Rape and the Presumption of Incapacity in Philippine Law

The Supreme Court affirms that carnal knowledge of a child under 12 is statutory rape, regardless of force or consent.

Rescission Rights Enforcing Compromise Agreements In Property Sales

When a buyer defaults on a court-approved compromise agreement, the seller may rescind and enforce the original contract without a separate action.

Rape Conviction Requires Clear Proof of Force and Victim's Age in Statutory Rape Cases

Philippine Supreme Court clarifies proof requirements for rape convictions, distinguishing simple rape from statutory rape and affirming credibility standards.

Forfeiture Clauses Balancing Employer Protection AND Employee Rights IN Commission Disputes

Philippine Supreme Court clarifies when commission forfeiture clauses in employment contracts are valid and enforceable.

Employer-Employee Relationship and Due Process in DOLE Labor Standards Cases

Supreme Court ruling on DOLE jurisdiction, employer-employee relationship requirements, and due process in labor standards enforcement.

Heirs Discord Upholding Partition Rights In Estate Disputes

The Supreme Court affirms that no co-heir may be forced to remain in co-ownership, and explains strict rules on appeals.

Ethical Standards Upheld: Lawyer Suspended for Issuing a Bouncing Check

A lawyer's two-year suspension for issuing a bouncing check under BP 22, and the ethical duties it reinforces for the legal profession.

Sheriffs Must Enforce Writs of Execution Strictly or Face Administrative Liability

A sheriff who accepts less than the full amount stated in a writ of execution and labels it full satisfaction commits simple misconduct.

Perfecting Appeals Strict Compliance AND Jurisdictional Requirements IN Philippine LAW

Reconstitution of a Torrens title requires clear proof the certificate was genuine and in force when lost or destroyed.

Beyond the Letter: Protecting Employee Rights and Personal Choices in Workplace Morality

Philippine Supreme Court ruling on agrarian reform land transfers, void contracts, and the limits of workplace morality enforcement.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers

When is an OFW's resignation voluntary or forced? The Supreme Court clarifies the rules on quitclaims, waivers, and illegal dismissal claims.