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Showing 457–480 of 727 articles for “force”

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.

Due Process and the Right to Present Evidence: Lessons from People v. Oga

The Supreme Court acquits a rape accused, showing how the prosecution must prove force and intimidation beyond reasonable doubt.

Enforcement Delayed: Prescription and Revival of Judgments in Philippine Property Disputes

A Philippine Supreme Court ruling explains the five-year and ten-year deadlines for enforcing judgments, and the consequences of delay.

Rape and Incest: The Supreme Court's Stance on Protecting Victims From Parental Abuse

The Supreme Court affirms rape conviction, clarifying force is relative and rejecting the sweetheart defense in abuse cases.

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

Contractual Obligations Upholding Clear Terms In Waiver Agreements

The Supreme Court enforces the plain terms of a waiver agreement, ruling that clear contractual stipulations prevail over claims of unexpressed intent.

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.

Probable Cause and Due Process: When a Judge’s Contempt Power Becomes Grave Abuse

A Supreme Court ruling on a judge’s arrest of a traffic enforcer clarifies the limits of contempt power and due process.

Rape and Moral Ascendancy: Penetration Not Required for Consummation

Philippine Supreme Court clarifies that full penetration is not required for consummated rape, especially when moral ascendancy substitutes for force.

When Government Action Excuses Contractual Performance: Force Majeure in Philippine Law

Philippine law on force majeure and how government acts may excuse contractual performance, explained for everyday readers.

Upholding Migrant Workers Act: Courts Can't Stop Enforcement Without Proof of Harm

Supreme Court rules courts cannot enjoin enforcement of the Migrant Workers Act without clear proof of irreparable injury to those challenging it.

Settlement Trumps Appeal: The Binding Force of Compromise Agreements in Philippine Courts

Philippine Supreme Court ruling on compromise agreements, their binding effect, and limits on appeal rights.

Enforceability of Venue Stipulations in Contracts of Adhesion: Piltel v. Tecson

Philippine Supreme Court rules on when venue stipulations in contracts of adhesion bind subscribers, citing Piltel v. Tecson.

Warrantless Arrests Based ON Tips Striking A Balance Between LAW Enforcement AND Individual Rights

When Ambiguity Clouds Inheritance Agreements: The Quiros v. Arjona Ruling

A barangay settlement left the land unidentified. The Supreme Court ruled the deal valid but unenforceable, pointing heirs to reformation instead of nullity.

Freedom to Contract vs Equity: No Perfected Contract, No Forced Sale of Government Property

Supreme Court rules equity cannot compel the National Housing Authority to sell land without a perfected contract of sale.

Judicial Accountability and the Limits of a Sheriff’s Duty in Execution of Judgments

A sheriff who enforced a writ on the wrong property was cleared of administrative liability — but the ruling clarifies key limits on execution.

Limits of Self-Defense When Force Exceeds the Threat in Philippine Law

When a victim fights back against a rapist, does the law punish excessive force? Philippine jurisprudence explains the limits.

Incestuous Rape and Moral Ascendancy as Substitute for Force in Philippine Law

In People v. Lou, the Supreme Court upheld a rape conviction on moral ascendancy, not force, and clarified when the death penalty may be imposed.

Credibility of Testimony in Rape Cases: The Importance of Consistent and Believable Evidence

Philippine Supreme Court ruling on witness credibility, force, intimidation, and proof of qualifying circumstances in rape cases.

Upholding Barangay Dispute Resolutions Enforceability AND Timeframes FOR Amicable Settlements

The Supreme Court clarifies when barangay amicable settlements become final and how the six-month execution period under the Local Government Code should be counted.

Rape and Credibility: How Inconsistencies in Victim Testimony Are Weighed

Philippine Supreme Court clarifies how courts assess victim credibility, force, intimidation, and qualifying circumstances in rape cases.

Warrantless Arrests and Searches Incident Thereto: Balancing Rights and Law Enforcement in Philippine Law

The Supreme Court explains when warrantless arrests and incidental searches are valid under Philippine law, using a marijuana transport case.

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.