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Showing 265–288 of 436 articles for “consent”

Rape and Consent: Examining the Boundaries of Sexual Assault in the Philippines

The Supreme Court affirms a rape-with-homicide conviction, clarifying how force and lack of consent are established in Philippine law.

Mental Capacity and Consent in Rape Cases: Protecting Vulnerable Individuals

How Philippine courts treat consent when the victim has diminished mental capacity, based on People v. Mabonga.

Consent in Rape Cases: Force, Intimidation, and Credibility Under Scrutiny

The Supreme Court acquits a rape accused, explaining when lack of resistance signals consent and how courts test force and intimidation.

Rape Conviction Affirmed Understanding THE Elements OF Force AND Consent IN Cases Involving Minors

Contracts and Consent: How Limited Education and Fraudulent Inducement Can Void a Philippine Contract

Philippine Supreme Court ruling on how fraud, undue influence, and limited education can invalidate contracts, shifting the burden of proof.

Threat of Force Nullifies Consent: Rape Conviction Affirmed Despite Lack of Physical Resistance

Philippine Supreme Court affirms rape conviction, ruling threats of death negate consent and proving force is unnecessary in statutory rape.

Protecting the Vulnerable: Upholding Consent and Preventing Fraud in Property Sales

Philippine Supreme Court ruling on void property sales, fraud, and the importance of genuine consent in real estate transactions.

Rape of a Mentally Retarded Person: Consent and Legal Standards in the Philippines

Philippine Supreme Court clarifies that sexual intercourse with a mentally retarded person is rape, as they cannot give legal consent.

Wife's Consent and Property Alienation: Voidable, Not Void, Under the Old Civil Code

A husband's alienation of conjugal property without the wife's consent is voidable, not void, under the Old Civil Code. The Supreme Court clarifies the distinction.

Parental Rights vs Child’s Affidavit of Desistance: Protecting Minors in Legal Proceedings

A judge was fined for dismissing a rape case based on a minor’s affidavit of desistance without parental consent or notice. Key family law lessons.

Reassignment Without Consent: Security of Tenure for Philippine Civil Servants

When can a government employee be reassigned against their will? The Supreme Court's ruling in Cariño v. Daoas explains the limits of transfer powers.

Voiding a Sale: Understanding Consent and Good Faith in Property Transactions

The Supreme Court explains when a Philippine deed of sale may be voided for lack of consent, and how the Torrens system protects buyers in good faith.

Rape and Consent: Establishing Guilt Beyond Reasonable Doubt in Philippine Law

How Philippine courts weigh a rape victim's testimony against the defense of denial, and why conviction requires proof beyond reasonable doubt.

Rape and Consent: The Supreme Court's Stance on Sweetheart Defense and Weapon Use

Learn how the Supreme Court treats date and relationship allegations in rape cases, and why precise time is not essential for conviction.

Workplace Boundaries: Defining Acts of Lasciviousness and Consensual Acts

Philippine Supreme Court ruling clarifies when sexual acts are rape, not consensual, and why workplace familiarity does not imply consent.

Rape by Intimidation: The Supreme Court's Stance on Fear and Consent

How the Supreme Court ruled that fear of death can vitiate consent in rape cases involving kidnapping and illegal detention.

Rape Conviction Stands: Force and Intimidation Trump Claims of Consent in Sweetheart Defense

SC affirms rape conviction of man who attacked a mentally disabled woman, ruling force and intimidation override any alleged romantic relationship.

Conspiracy and Consent in Rape Cases: Proving Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on gang rape, conspiracy liability, victim credibility, and consent in People v. Binarao.

Kidnapping for Ransom: False Inducement and the Role of Circumstantial Evidence

When a victim initially consents to go with an accused, kidnapping can still occur if force is later used to detain them.

Burden of Proof in Rape Cases: Consent and the Presumption of Innocence

The Supreme Court acquits a rape accused where prosecution failed to prove force or intimidation, reaffirming the presumption of innocence and the prosecution's burden.

Voidable Contracts: Spousal Consent and Conjugal Property Sales Under Philippine Law

Philippine Supreme Court explains why a husband's sale of conjugal property without the wife's consent is voidable, not void, and how buyers can lose good faith protection.

Forged Signatures and Faulty Sales: Protecting Spousal Rights in Property Transfers

A forged deed by a married man without his wife's consent is void; buyers must verify occupancy before purchasing property.

Rape Conviction Affirmed: Consent Not Inferred From Lack of Resistance Under Threat

Philippine Supreme Court affirms rape conviction, ruling that submission under threat of a knife is not consent, and upholds moral damages award.

Rape Conviction Affirmed: Minor Inconsistencies in Testimony Do Not Impair Credibility

The Supreme Court affirms a rape conviction, ruling that trivial inconsistencies in a victim's testimony and the absence of vigorous resistance do not signify consent.