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Showing 217–240 of 436 articles for “consent”

The Binding Effect of Silence When Silence Implies Consent in Debt Collection

Silence can bind a debtor. This case explains when failure to object to a statement of account amounts to an admission of liability.

Co-Ownership Consent and the Limits of Property Rights in the Philippines

One co-owner's consent cannot authorize construction on common property. The Supreme Court explains forcible entry rules in co-ownership disputes.

Rape and Moral Ascendancy: Consent, Credibility, and the Sweetheart Defense in Philippine Law

A 2008 Supreme Court ruling clarifies how moral ascendancy, intimidation, and credibility shape rape convictions and the sweetheart defense.

Rape Conviction Upheld Despite Victim's Mental Incapacity: People v. Constantino

The Supreme Court affirmed a rape conviction where the victim had the mental age of a child, clarifying that mental incapacity negates consent under Philippine law.

Rape Shield Consent AND Credibility IN Sexual Assault Cases

Beyond Sweetheart Defense: RA 7610 Protects Minors in Professor-Student Relationships

The Supreme Court ruled that a minor's consent is immaterial in child abuse cases under RA 7610, rejecting the sweetheart defense in professor-student relationships.

Challenging Sweetheart Defense Consent IN Statutory Rape Cases

Mutuality of Contracts: The Limits of Unilateral Interest Rate Adjustments in Loan Agreements

Philippine Supreme Court ruling on when banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.

People v. Abulon: Penetration, Consent, and Rape by Sexual Assault in the Family Home

A 2007 Supreme Court ruling on incestuous rape clarifies when tongue insertion counts as rape, when it is acts of lasciviousness, and how a father's moral sway replaces force.

Rape Conviction Affirmed: Force, Not Consent, Decides Gang Rape Case

Supreme Court affirms gang rape convictions, ruling that force was present despite defense claims of consent and victim's reputation.

Rape Conviction Upheld: Intimidation and Consent in Familial Abuse Cases

Philippine Supreme Court clarifies how intimidation works in rape cases involving family members, upholding a brother-in-law's conviction for two counts of qualified rape.

Corporate Liquidation Claims: When an Investor Becomes an Ordinary Creditor

An investor whose shares were sold without consent by a corporate liquidator becomes an ordinary creditor, not preferred, in SEC liquidation proceedings.

Tenant vs Caretaker: When Fishpond Watching Does Not Create Tenancy Rights

Philippine Supreme Court clarifies the line between agricultural tenant and mere caretaker, and why intent and consent matter in tenancy.

Rape Conviction Upheld: Consent, Intimidation, and Victim Credibility in Philippine Law

The Supreme Court affirms a rape conviction, explaining how intimidation, victim credibility, and medical evidence establish guilt beyond reasonable doubt.

Mining vs Forestry Rights: When Timber Licenses Don't Block Mining Operations

Philippine Supreme Court clarifies that timber license holders cannot block mining applications, explaining consent vs notice rules under the Mining Act.

Spousal Consent and Mortgage Validity: Protecting Marital Property Rights

Learn how spousal consent protects marital property from fraudulent transfers, based on a Philippine Supreme Court ruling on void titles.

Sublease Rights: When Lessor's Written Consent Is Not Required

Philippine Supreme Court clarifies when a lessee may sublease without the lessor's written consent, distinguishing sublease from assignment of rights.

Vitiated Consent in Marriage: Duress, Intimidation, and the Burden of Proof

Philippine Supreme Court clarifies what proves duress or intimidation in marriage annulment cases and the damages that follow.

Family Home Protection Consent Requirements IN Real Estate Mortgages Involving Married Couples

Adoption Requires Clear Parental Consent Protecting Family Rights IN THE Philippines

Philippine Supreme Court ruling on adoption: biological parent's written consent is indispensable, and foreign documents must be authenticated.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Attorney Conflicts of Interest: Lessons from Philippine Jurisprudence

Learn how Philippine courts handle attorney conflicts of interest, consent requirements, and ethical duties through key Supreme Court rulings.

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Protecting Your Inheritance: Why Heirs' Consent Matters in Estate Partition

Learn how the Supreme Court protects heirs' inheritance rights in estate partition, and why an administrator's failure to follow the decedent's will amounts to extrinsic fraud.