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Showing 649–672 of 727 articles for “force”

Sheriffs' Duty to Enforce Writs of Execution: Lessons from Dilan v. Dulfo

A sheriff who fails to fully enforce a writ of execution breaches his duty. Learn the rules from Dilan v. Dulfo.

The Unwavering Credibility of Child Testimony in Statutory Rape Cases: A Philippine Jurisprudence Analysis

Philippine Supreme Court ruling on statutory rape: a child victim's credible testimony alone can sustain a conviction, even without force or intimidation.

Demolition Orders in the Philippines: Enforcing Tenant Eviction Judgments

Learn how Philippine courts enforce eviction judgments through demolition orders, based on the Supreme Court ruling in Buñag v. Court of Appeals.

AGE Matters Most Understanding Statutory Rape Convictions IN THE Philippines

Philippine Supreme Court clarifies statutory rape: victim's age under 12 is the sole element, making force or consent irrelevant.

Force and Intimidation in Rape Cases: Why Silence Is Not Consent (People v. Marabillas)

Explaining how Philippine courts define force and intimidation in rape, and why a victim's silence or lack of resistance does not mean consent.

Reinstatement Is Immediately Enforceable: Understanding Self-Executing Reinstatement Orders in Philippine Labo

When a labor arbiter orders reinstatement, it is immediately enforceable—even pending appeal. The employer must act at once or pay wages.

Missed Appeal Deadlines in the Philippines: Strict Rules, Rare Exceptions

Philippine courts strictly enforce the 15-day appeal period. Missing it can end a case, with only truly exceptional circumstances excusing delay.

Rape Conviction Upheld: Consent, Force, and Victim Testimony in Philippine Law

The Supreme Court affirms rape and sexual assault convictions, clarifying consent, force, and the weight of a child victim's testimony.

Enforcing Foreign Judgments in the Philippines: Jurisdiction and Due Process

A Hong Kong judgment against a Quezon City resident was unenforceable in the Philippines because the foreign court never acquired jurisdiction over him.

Due Process and Rape Convictions: Why Precise Charge Wording Matters in Philippine Law

Philippine Supreme Court ruling on rape conviction, force and intimidation, sweetheart defense, and due process in criminal cases.

Ejectment Case Victory: Why Judges Must Enforce Demolition Orders

Philippine Supreme Court rules judges have a ministerial duty to issue demolition orders in ejectment cases, even if ownership is questioned.

Self Defense in the Philippines: When Can You Justifiably Use Force

Philippine law allows force only against unlawful aggression. Learn the limits from the Supreme Court's ruling in People v. Sabalones.

Intimidation in Rape Cases: How Philippine Courts Determine Consent

Philippine Supreme Court clarifies how force and intimidation are assessed in rape cases involving victims with mental disabilities.

Protecting the Vulnerable: Rape of Persons With Mental Disability in Philippine Law

The Supreme Court affirms that rape of a mental retardate requires less force, and explains why conviction stands.

When Acts of God Disrupt Travel: Airline Liability for Flight Delays in the Philippines

Philippine Supreme Court ruling on airline liability for passenger expenses during flight delays caused by force majeure, like the Mt. Pinatubo eruption.

Forced Resignation vs Voluntary Retirement: Protecting Employee Rights in the Philippines

Philippine Supreme Court clarifies when retirement is forced and illegal, protecting employee tenure and rights.

Enforcing Foreign Judgments in the Philippines: Arbitration Clauses and Due Process

When can a foreign judgment be enforced in the Philippines? The Supreme Court explains arbitration clauses, due process, and presumptive validity of foreign rulings.

Forced Resignation in Labor Cases: When Proof of Intimidation Is Required

Teachers' resignations upheld as voluntary absent proof of intimidation; NLRC awards corrected for 13th month pay, vacation leave, and prescription.

Corporate Mergers and Contract Enforcement: Successor Liability in the Philippines

When a Philippine corporation merges, the surviving company assumes all rights and liabilities—even for contracts signed after the merger agreement.

Forced Retirement in the Philippines: Employee Rights and Employer Policies

Philippine Supreme Court clarifies rules on forced retirement, optional retirement age, and illegal dismissal in labor cases.

Immediate Execution in Ejectment Cases: Why Delaying Tactics Won't Work

Learn how the Supreme Court enforces immediate execution in ejectment cases and why delaying tactics like motions for reconsideration won't stop a writ.

Rape Conviction Reversal: When Consensual Sex Becomes Forced

Supreme Court acquits pastor in rape case, explaining how a complainant's post-incident conduct can cast doubt on claims of force.

When a Creditor's Actions Cross the Line: Abuse of Rights in Philippine Contract Law

Learn when a creditor's enforcement actions become unlawful abuse of rights under Philippine law, with practical guidance.

Incestuous Rape: Parental Authority as Intimidation in Philippine Law

How the Supreme Court ruled that a father's moral ascendancy over his daughter can substitute for force or intimidation in incestuous rape.