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Showing 601–624 of 727 articles for “force”

Statute of Frauds and Implied Trusts When Verbal Agreements Fail in Property Disputes

When verbal property deals fail, the Statute of Frauds and implied trust rules decide enforceability. Learn from a Supreme Court case.

Contempt of Court: Balancing Judicial Authority and Individual Rights in the Philippines

Philippine Supreme Court ruling on indirect contempt, fines versus indefinite incarceration, and the courts' coercive power to enforce orders.

Modal Institutions in Philippine Wills: Heirs' Obligations and the Rabadilla Ruling

Learn how modal institutions in Philippine wills impose enforceable obligations on heirs, based on the Supreme Court's ruling in Rabadilla v. Court of Appeals.

Forcible Abduction and Rape: When "Elopement" Is Actually a Crime

Philippine Supreme Court clarifies forcible abduction, rape, and grave coercion in People v. De Lara, distinguishing consensual elopement from criminal force.

Police Use of Force in the Philippines: When Is Homicide Justified

The Supreme Court clarifies when a police officer's use of deadly force is justified, and when it becomes homicide.

Rape Conviction: Force, Consent, and Credibility in Philippine Law

The Supreme Court affirms a rape conviction, clarifying that lack of resistance is not consent and minor testimonial inconsistencies do not destroy credibility.

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

A disbarred lawyer's attempt to revive his case fails—what the Supreme Court's ruling means for finality of judgments and enforcement.

Rape Conviction: Positive Identification and the Relative Standard of Force and Intimidation

The Supreme Court explains how a rape victim's positive identification and the relative nature of force and intimidation can secure a conviction.

When Can You Use Force in Self-Defense? Philippine Law Explained

Philippine law on self-defense explained: when force is justified, the burden of proof, and what the Supreme Court requires.

Sheriffs' Duty to Execute Writs Promptly: Lessons from Casaje v. Gatbalite

A sheriff's delay in executing final judgments draws administrative liability. The Supreme Court explains the duty of prompt enforcement.

Robbery With Rape: How Intimidation Proves Lack of Consent in Philippine Law

Philippine Supreme Court ruling explains how intimidation, not physical force, suffices to prove lack of consent in robbery with rape cases.

Execution Pending Appeal: When Property Deterioration Justifies Immediate Enforcement

Philippine Supreme Court ruling on execution pending appeal, redemption rights, and when immediate enforcement is justified to prevent property deterioration.

Proving Rape Beyond Reasonable Doubt: Lessons from People v. Abalde

A look at People v. Abalde on how Philippine courts weigh a rape victim's testimony, force, intimidation, and the standard of proof beyond reasonable doubt.

Forcible Abduction vs Rape: Distinguishing Intent and Evidence in Sexual Assault Cases

Philippine Supreme Court ruling on People v. Abalde clarifies statutory rape, force, intimidation, and evidence standards in sexual assault cases.

Self-Defense and Unlawful Aggression: The Limits of Justifiable Force in the Philippines

A Supreme Court ruling clarifies when self-defense applies, when it ends, and why unlawful aggression must be real and ongoing.

Self-Defense and Unlawful Aggression: The Boundaries of Justifiable Force

When does a person have the right to use force to defend oneself? The Supreme Court clarifies the limits of self-defense in People v. Gaviola.

Credibility in Rape Cases: The High Standard for Conviction Based on Victim Testimony

How Philippine courts weigh a rape victim's testimony, force, and mental capacity in securing a conviction beyond reasonable doubt.

Rape Conviction Upheld Examining Force Intimidation AND THE Rights OF THE Accused

Qualified Theft vs Robbery with Homicide: Force and Intent Distinguished

Supreme Court clarifies when unlawful taking without proven force is qualified theft, not robbery with homicide.

Treachery and Defense of Property: When Is Deadly Force Justified

The Supreme Court explains when killing a fleeing thief is murder, not justified defense of property, and what makes surrender voluntary.

Breach of Trust: When a Father's Affection Turns to Abuse

In People v. Nicolas, the Supreme Court affirmed the conviction of a father for raping his own daughter, ruling that moral ascendancy and threats replace force.

Rape Conviction Stands Even If Accused Claims Consensual Affair

A claim of a romantic relationship does not negate rape if force was used. The Supreme Court explains why consent matters.

Contractor's Lien vs. Insolvency: Enforcement Rights in Construction Disputes

The Supreme Court clarifies when a contractor's lien under Article 2242 of the Civil Code can be enforced, and the proper remedy for wrongful attachment.

When Excessive Force Destroys a Self-Defense Claim in Philippine Homicide Cases

The Supreme Court explains why 16 stab wounds negate self-defense and how excessive force turns a killing into homicide, not murder.