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Showing 409–432 of 727 articles for “force”

Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts

Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.

When Court Orders Are Enforced: Liability of Judges and Sheriffs in Demolition Cases

Explaining when judges and sheriffs can be held administratively liable for enforcing writs of demolition, based on a 2006 Supreme Court ruling.

Judicial Approval of Compromise Agreements: Enforcement and Jurisdiction

When a court approves a compromise agreement, it becomes a judgment enforceable by execution in the same case, not by a new lawsuit.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

Usury Law and Contractual Obligations: Striking the Balance in Loan Agreements

The Supreme Court clarifies how the Usury Law interacts with loan restructuring, refinancing, and the binding force of contracts in DBP v. CA.

Beyond Resignation: Constructive Dismissal and Harassment Claims in Philippine Labor Law

When does a resignation become constructive dismissal? The Supreme Court clarifies the rules on forced resignation and workplace harassment claims.

Insufficient Information and Waiver of Rights in Philippine Rape and Lasciviousness Cases

Can a rape conviction stand if the information omits force and intimidation? People v. Candaza explains waiver under the omnibus motion rule.

Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final disbarment orders through execution and contempt, underscoring the doctrine of finality of judgment.

Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately

Philippine Supreme Court explains when execution pending appeal is allowed and why "good reasons" must be compelling, not merely convenient.

No-Spouse Policies in the Philippines: What the Star Paper Ruling Means

Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.

When Duty Turns Deadly: Justifiable Force and Homicide in Philippine Law

A police officer shot a man during a routine check. The Supreme Court explains when self-defense and performance of duty fail.

Sheriffs Must Execute Writs Ministerially Despite Third-Party Claims

Philippine Supreme Court rules sheriffs have ministerial duty to enforce writs; third-party claims require indemnity bond, not delay.

Sheriff Duties in Executing Writs: Notice to Vacate and Money Judgment Enforcement

Philippine Supreme Court clarifies sheriff duties on notice to vacate and enforcing money judgments in executions, citing Rule 39.

Execution Pending Appeal in the Philippines: When 'Good Reasons' Justify Immediate Judgment Enforcement

Learn when Philippine courts allow execution pending appeal, the 'good reasons' required under Rule 39, and key lessons from Bangkok Bank vs. Lee.

Third-Party Rights in Philippine Contracts: When Can You Enforce an Agreement You Didn’t Sign?

Philippine law generally limits contract enforcement to parties, their assigns, and heirs. Learn the exception under stipulation pour autrui.

Supervening Events Resolving Property Disputes Between Ownership AND Possession

When a final quieting of title ruling overturns an earlier ejectment judgment, the latter becomes unenforceable.

Oral Loan Agreements in the Philippines: When a Verbal Promise Is Legally Binding

Oral loan agreements can be enforceable in the Philippines. Learn the rules, evidence needed, and key Supreme Court ruling on verbal contracts.

Forcible Entry: Possession by Tolerance vs. Undue Deprivation Through Force

Philippine Supreme Court clarifies that owners cannot use force to evict occupants, even if possession is by tolerance, without filing the proper ejectment case.

Maritime Liens and Foreign Suppliers: Jurisdiction in Vessel Supply Disputes

Philippine courts explain when foreign suppliers can enforce maritime liens on vessels — and why jurisdiction depends on more than location.

Judicial Ethics When Personal Vendettas Cloud Impartial Judgment

A look at how the Supreme Court reinforces judicial impartiality and the two-notice rule in dismissals.

Certiorari Filing Deadlines: Why the 60-Day Rule Is Strict in Philippine Courts

Philippine courts strictly enforce the 60-day certiorari filing period under Rule 65. Learn why late petitions fail and how to avoid common pitfalls.

Succession in Public Office: Enforcing Court Orders Against a Deceased Official's Successor

When a public officer dies, can a court order be enforced against the successor? The Supreme Court clarifies substitution rules.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final judgments in disbarment cases, citing a lawyer for indirect contempt and disobedience for defying orders.

Forcible Entry: The Imperative of Detailing the Means of Dispossession in Pleadings

A forcible entry complaint must allege prior possession and the specific means of dispossession—force, intimidation, threat, strategy, or stealth—or it fails.