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Showing 217–240 of 727 articles for “force”

Enforced Disappearance and the Writ of Amparo: Balancing Rights and Remedies

The Burgos case shows how the writ of amparo protects victims of enforced disappearance and holds state agents accountable.

When Church Approval Is Key: Validity of Property Sales by Religious Corporations

Supreme Court rules on when a religious corporation's property sale is unenforceable without required church approvals, citing the Corporation Code.

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

Navigating Search Warrants: Privacy and Public Interest in Cybercrime Investigations

The Supreme Court clarifies when search warrants in cybercrime cases are valid, balancing constitutional privacy rights against effective law enforcement.

Protecting Local Autonomy Upholding Environmental Stewardship Over Business Interests

The Supreme Court dismissed a disbarment case against local officials, affirming their power to enforce environmental laws over business interests.

Upholding Local Autonomy: The Constitutionality of Vehicle Immobilization Ordinances

The Supreme Court upheld Cebu City's vehicle immobilization ordinance as a valid exercise of police power, clarifying due process requirements for traffic enforcement.

Local Government Authority vs Property Rights: Valid Ordinance Enforcement

Supreme Court clarifies when local ordinances are presumed valid and enforceable, balancing municipal authority against property rights claims.

Rape Conviction Affirmed: Force and Consent in Sexual Assault Cases

The Supreme Court affirms a rape conviction, clarifying that voluntary presence in a motel does not equal consent to sex.

Illegal Dismissal Claims and the 60-Day Rule for Certiorari Petitions

Philippine Supreme Court clarifies when courts may extend the 60-day period to file certiorari petitions, and discusses forced resignation in illegal dismissal cases.

Self-Defense or Murder? The Limits of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when self-defense fails and a killing becomes murder, explaining unlawful aggression, treachery, and reasonable force.

Consummation of Rape: Penetration, Force, and Legal Standards in Philippine Law

Philippine jurisprudence on rape requires proof of penetration and force or intimidation. This article explains the legal standards and practical implications.

Upholding Prior Possession in Forcible Entry Cases: Philippine Tourism Authority v. Sabandal-Herzenstiel

The Supreme Court clarifies that prior possession, not ownership, decides forcible entry cases, and how force may be implied.

Betrayal of Trust: Convicting a Father for the Rape of His Daughter in the Philippines

The Supreme Court affirms a father's conviction for eight counts of qualified rape of his minor daughter, explaining the rules on credibility, force, and penalties.

Breach of Trust Convicting a Father for the Qualified Rape of His Daughter

The Supreme Court affirms a father's conviction for eight counts of qualified rape, explaining how moral ascendancy replaces force in incestuous rape.

Reviving Judgments: The Doctrine of Suspended Prescription in Contract Disputes

When a debtor's own actions block execution, the five-year period to enforce a judgment by motion may be suspended.

Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit

Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.

Ombudsman Decisions Stay Executory Pending Appeal: A Guide for Public Officers

Learn why Ombudsman dismissal orders remain immediately executory pending appeal, and how the Supreme Court protects the Ombudsman's enforcement powers.

Upholding the Ombudsman's Authority: Enforceability of Decisions Pending Appeal in the Philippines

Philippine Supreme Court clarifies when Ombudsman decisions remain enforceable despite pending appeals, balancing administrative discipline with due process.

Security of Tenure Protection Against Forced Eviction for Agrarian Reform Beneficiaries

The Supreme Court rules that forced eviction of agrarian reform beneficiaries is illegal, and threats can suspend the prescriptive period for filing claims.

THE Binding Force OF Prior Rulings Understanding THE LAW OF THE Case Doctrine IN Philippine Courts

Rape Conviction Affirmed: Force, Intimidation, and Credibility in Philippine Criminal Law

The Supreme Court affirms a rape conviction, explaining force, intimidation, witness credibility, and damages in Philippine criminal law.

Upholding Conviction in Rape Cases: Credibility and the Element of Force

The Supreme Court affirms a rape conviction, explaining how trial courts assess witness credibility and prove force or intimidation.

Moral Ascendancy IN Familial Rape Cases When A Fathers Authority Replaces Physical Force

Publication Requirement Prevails: Unpublished Handwritten Addendum Has No Legal Effect

Supreme Court rules unpublished handwritten addendum to a presidential proclamation has no force of law, reaffirming the indispensable publication requirement.