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Showing 313–336 of 727 articles for “force”

Voluntary Easements: Enforceability and Extinguishment of Right of Way Agreements

When can a voluntary right of way be cancelled? The Supreme Court explains why adequate access does not extinguish an agreed easement.

Correcting Typographical Errors Valid Execution Despite Misstated Property Address

A typographical error in a judgment's dispositive portion does not render it defective or unenforceable. The Supreme Court explains how courts may correct such errors.

Delegation of Search Warrant Endorsement: Balancing Efficiency and Safeguards in Criminal Investigations

The Supreme Court amends rules to allow law enforcement heads to delegate search warrant endorsements, balancing efficiency with judicial safeguards.

Resignation With Assurance: Enforceability of Separation Pay Agreements in Voluntary Resignations

Philippine Supreme Court ruling on when a voluntary resignation with a promised separation pay creates an enforceable obligation on the employer.

Judicial Approval of Compromise Agreements: Binding Parties to Mutually Agreed Terms

When parties settle a dispute, court approval of their compromise agreement makes it binding and enforceable as a final judgment.

Enforcing a Final Disbarment Ruling: The Doctrine of Immutability of Judgment in A.C. No. 12880

The Supreme Court enforces a final disbarment decision, citing the doctrine of immutability of judgment and holding a lawyer in contempt for defiance.

Accountability Prevails THE Legal Implications OF Group Action AND Superior Force IN Criminal Liability

Homeowner Association Disputes: HLURB Jurisdiction Over Internal Rule Enforcement

When a homeowner association dispute involves internal rules, the HLURB—not regular courts—has jurisdiction. Learn from the Eristingcol case.

Revival of Judgment Safeguarding Property Rights After Forcible Entry

Philippine Supreme Court ruling on co-owner recovery actions, tenant protections under P.D. 1517, and property rights enforcement.

Rape Conviction Affirmed: Force, Intimidation, and Carnal Knowledge in Philippine Law

The Supreme Court clarifies force, intimidation, and carnal knowledge in rape under RA 8353, affirming a conviction.

Rape AND Consent Establishing Force AND Rejecting THE Sweetheart Defense

Upholding Contingent Attorneys Fees When ARE They Enforceable

When are contingent attorney's fees enforceable in Philippine labor cases? The Supreme Court clarifies the rules in Masmud v. NLRC.

Due Process in Electricity Disconnection: Why Law Enforcement Presence Matters

Philippine Supreme Court ruling on RA 7832: electricity disconnection for meter tampering requires law enforcement or ERB representative presence.

VFA Constitutionality Upheld: Balancing Sovereignty and International Agreements

The Supreme Court upheld the Visiting Forces Agreement as constitutional while striking down detention agreements that violated its terms.

Option Contracts Consideration Requirement For Enforceability In Philippine Law

Philippine Supreme Court ruling on option contracts, consideration, and enforceability under Civil Code. Learn key takeaways.

Self Defense Claim Fails THE Duty TO Retreat AND Limits TO Justifiable Force

Finality of Judgment in Disbarment Cases: What Lawyers and Clients Should Know

A disbarred lawyer's attempt to reopen his case fails, as the Supreme Court enforces the doctrine of finality of judgment and cites him for indirect contempt.

Rehabilitation Stay Orders vs Maritime Liens: What Creditors Should Know

Supreme Court clarifies that rehabilitation stay orders suspend maritime lien enforcement, preserving creditor preference without allowing immediate vessel arrest.

Incestuous Rape: The Unquestioned Authority of a Parent and the Absence of Force

The Supreme Court explains why force is not required in incestuous rape when a father's moral ascendancy over a minor child suffices.

Moral Ascendancy and Rape by a Father: The Nido Garte Case

How a father's moral ascendancy substitutes for force and intimidation in incestuous rape, explained through the Nido Garte ruling.

Rape and the Sweetheart Defense: Consent and Force in Philippine Law

Philippine Supreme Court explains why the "sweetheart defense" fails in rape cases and what force and consent truly mean under the law.

Security of Person: The State's Duty to Protect Against Extralegal Killings and Enforced Disappearances

The Manalo ruling defines the constitutional right to security of person and the State's duty to protect citizens from enforced disappearances.

Insider Trading Rules Stand Even Without Implementing Rules, High Court Rules

Supreme Court clarifies insider trading provisions are self-executing and enforceable even without implementing rules, protecting investors.

Compromise Agreements in Philippine Litigation: Ensuring Validity and Enforcement

Learn how Philippine courts treat compromise agreements, including validity requirements, enforcement mechanisms, and practical tips for ensuring compliance.