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Showing 529–552 of 727 articles for “force”

Preemptive Rights in Philippine Corporations: Making Your Right of First Refusal Valid

Learn how Philippine law treats preemptive rights and right of first refusal in corporations, and how to make these rights valid and enforceable.

Entrapment vs Instigation: Safeguarding Rights in Drug Enforcement

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug cases, and explains how courts protect accused persons' rights.

When Employment Contracts Expire: Protecting Security of Tenure in Philippine Labor Law

The Supreme Court clarifies when contract expiration becomes illegal dismissal, and why employees cannot be forced into early retirement before age 65.

Sheriffs' Duty to Execute Court Orders: Balancing Diligence and Due Process

Philippine Supreme Court clarifies sheriffs' duty to promptly execute writs of demolition, balancing enforcement with respect for due process.

Rape and Consent: Examining Force and Intimidation in Philippine Law

The Supreme Court affirms a death sentence for statutory rape of a six-year-old, clarifying that force is presumed when the victim is under twelve.

Corporate Dissolution and Judgment Enforcement: Rights Survive Liquidation

A final judgment can still be enforced after a corporation dissolves — the Supreme Court explains why in this ruling.

Entrapment and Illegal Possession: Balancing Rights and Law Enforcement in Drug Cases

Philippine Supreme Court ruling on entrapment operations, illegal drug and firearm possession, and the limits of police conduct.

Automatic Membership in Property Associations: Enforceability and Freedom of Association

Philippine Supreme Court ruling on automatic membership clauses in property deeds, their enforceability against successors-in-interest, and limits of freedom of association.

Self-Defense or Murder: The Limits of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when a claim of self-defense fails and treachery turns a killing into murder under Philippine law.

Rape Conviction Upheld: Intimidation With a Weapon Constitutes Force in Sexual Assault

The Supreme Court affirms a rape conviction, ruling that threatening a victim with a bolo constitutes the force or intimidation required by law.

Rape Conviction Affirmed: Victim Testimony and Use of Force in Philippine Rape Cases

Supreme Court affirms rape conviction, explaining why a victim's testimony can stand even without physical injuries or fresh lacerations.

Rape Conviction Upheld: Father Figure's Moral Ascendancy Equals Force and Intimidation

Philippine Supreme Court affirms rape conviction, ruling that a father figure's moral ascendancy over a minor victim substitutes for force and intimidation.

Rape Conviction Affirmed Intimidation AS Sufficient Force IN Sexual Assault Cases

Right of First Refusal Enforceability Hinges on Conduct, Not Just Contractual Terms

Philippine Supreme Court ruling on lease contracts, forgery, and ejectment—how conduct and evidence determine enforceability of rights.

The Binding Force of a Signed Affidavit of Full Payment and the Absence of Fraud in Subcontracting Agreements

Philippine Supreme Court ruling on the binding effect of a signed affidavit of full payment and the absence of fraud in subcontracting agreements.

Upholding Estafa Conviction: The Supreme Court Reinforces Finality of Factual Findings in Appeals

A look at how the Supreme Court affirmed an estafa conviction and reiterated that factual findings of lower courts are binding.

Moral Ascendancy as a Substitute for Force in Child Rape Cases

Philippine Supreme Court explains how an uncle's moral ascendancy over a child victim substitutes for force or intimidation in statutory rape.

From Kidnapping to Coercion: The Perils of Debt Collection

A debt collector's forceful detention of a debtor led to a kidnapping charge, but the Supreme Court found only grave coercion.

Buy-Bust Operations and the Plain View Doctrine: Balancing Law Enforcement and Individual Rights

The Supreme Court clarifies the limits of warrantless seizures in buy-bust operations, applying the plain view doctrine to protect individual rights.

Moral Ascendancy as Substitute for Force in Incestuous Rape Cases: People v. Marcellana

In incestuous rape, a father's moral ascendancy over his child substitutes for force or intimidation, the Supreme Court ruled in People v. Marcellana.

The Perils of Alibi: Why Positive Identification Alone Cannot Guarantee Conviction

Explore how the Supreme Court acquitted a rape accused despite positive identification, emphasizing that the prosecution must prove force and intimidation beyond reasonable doubt.

Reviving Judgments: Enforceability After Five Years in Ownership Disputes

Learn when a final judgment can be revived after five years, and why ownership issues cannot be re-litigated in a revival action.

Supreme Court Enforces Deadlines in Certiorari Petitions and Compromise Judgments

Learn how the Supreme Court enforced strict deadlines in compromise agreements and clarified rules on certiorari petitions and execution of judgments.

Rape Conviction Upheld Intimidation AS Force IN Cases Involving Minors