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Showing 385–408 of 727 articles for “force”

When Is a Buy-Bust Operation Legal in the Philippines? Key Rules from People v. Nicolas

Philippine courts uphold buy-bust operations as valid drug enforcement, even without prior surveillance. Learn the essential elements and your rights.

Does Filing a Case Stop the Clock? Prescription in Philippine Land Registration Cases

Philippine Supreme Court clarifies that prescription and laches do not bar enforcement of final judgments in land registration cases, explaining why.

Prescription and Laches in Land Registration Cases: The Sta. Ana Doctrine Affirmed

Philippine Supreme Court affirms that prescription and laches do not bar enforcement of final land registration judgments, protecting property owners' rights.

Land Title Forever: Why Court Decisions in Land Registration Cases Don't Expire in the Philippines

A Supreme Court ruling confirms that prescription and laches do not bar enforcement of final land registration judgments, protecting property rights indefinitely.

Judge Dismissed for Extramarital Affair: High Court Reinforces Judicial Morality Standards

Supreme Court dismisses judge for gross immorality over extramarital affair and child, suspends him from law practice for three years.

Exclusivity Clauses in Philippine Contracts: When Are They Valid?

Exclusivity clauses are not automatically invalid restraints of trade in the Philippines. They are enforceable when reasonable and tied to legitimate business interests.

Attorney's Fees in the Philippines: Enforcing Retainer Agreements and Special Powers of Attorney

Learn how Philippine courts enforce retainer agreements and special powers of attorney for collecting attorney's fees, based on a Supreme Court ruling.

Execution Pending Appeal: Spouse's Illness Not Enough Ground for Immediate Enforcement

Supreme Court rules a spouse's illness is not a "good reason" for execution pending appeal, requiring exceptional urgency and proper judicial determination of amounts.

Interest on Loans and the Necessity of Written Agreements for Enforceability

Philippine Supreme Court ruling on double sales, good faith, and why written contracts matter for property and loan enforceability.

Piercing the Corporate Veil in Fraudulent Asset Transfers: Labor Claims in the Philippines

When can labor arbiters pierce the corporate veil to enforce judgments? Learn from the Supreme Court's ruling in Jang Lim v. CA.

Court Clerk Fined for Neglecting Ministerial Duty to Enforce Writs of Execution

Philippine Supreme Court holds court clerks and sheriffs must enforce writs with dispatch; refusal based on personal doubts is dereliction of duty.

When Sheriffs Refuse to Execute Writs: Dereliction of Duty and the Ministerial Nature of Enforcement

A sheriff's refusal to implement a final writ of execution constitutes dereliction of duty, as explained in this administrative case against a Clerk of Court.

Constructive Dismissal When Employer Actions Force Employee Resignation 2

Constructive Dismissal When Employer Actions Force Employee Resignation

Understand constructive dismissal in Philippine labor law, when employer actions force resignation, and the burden of proof on employers.

Balancing Property Rights and Law Enforcement: The Release of Seized Goods in Intellectual Property Cases

Philippine Supreme Court ruling on the release of seized goods in IP cases, balancing property rights and law enforcement.

Enforcing Foreign Judgments in the Philippines: Jurisdiction and Due Process

Philippine Supreme Court clarifies when a foreign court's default judgment is enforceable locally, focusing on service of summons and due process.

Can Established Companies Be Forced to Rehire Former Employees? What Philippine Law Says

Philippine law does not force companies to rehire former employees. This article explains reinstatement rules, illegal dismissal remedies, and practical guidance.

Forced Resignation vs Voluntary Retirement: Protecting Employee Rights in Dismissal Cases

The Supreme Court ruled that a worker who signed a retirement notice and quitclaim under company pressure was illegally dismissed, not voluntarily retired.

Unjust Vexation Mayors Cannot Enforce Laws BY Depriving Citizens OF Livelihood Without DUE Process

Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined

When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits

Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones

The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.