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Showing 73–96 of 727 articles for “force”

Surety Bonds and Written Principal Agreements: What the Supreme Court Says

When is a written principal agreement required before a surety bond can be enforced? The Supreme Court clarifies the rule in Cellpage v. Solid Guaranty.

Constructive Dismissal for Sexual Harassment: Employer Liability Under Philippine Law

When an employer's inaction on a sexual harassment complaint forces an employee to resign, it may be constructive dismissal. Learn the rules.

Direct Assault vs. Resistance to Authority: The Mallari Case Explained

The Supreme Court in Mallari v. People clarifies when force against a police officer is direct assault or merely resistance to authority.

When Quitclaims Don't Count: Protecting OFWs From Forced Resignations

Supreme Court rules quitclaims signed under duress don't bar OFW claims, affirming constructive dismissal in Al-Masiya case.

Breach of Contract: Enforceability of Employment Contracts Absent Actual Deployment

Philippine Supreme Court ruling on whether a perfected employment contract binds parties even without actual deployment, and which court has jurisdiction over breach claims.

Holder in Due Course Rights Prevail Over Stop Payment Orders

Philippine Supreme Court rules a holder in due course can enforce bank drafts despite stop payment orders, explaining drawer liability under the Negotiable Instruments Law.

Optional Retirement Under Labor Code: When Early Retirement Requires Employee Consent

SC clarifies optional retirement rules: employees cannot be forced to retire before 65 without explicit, voluntary consent under Article 302.

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.

When Sheriffs Evict Too Fast: The Three-Day Notice Rule in Property Cases

A sheriff who enforced a writ of execution without the required three-day notice was fined P10,000 for grave abuse of authority.

Donation Revocation: Balancing Donor Intent and Donee Compliance

Philippine Supreme Court clarifies when a donation's automatic revocation clause is valid and how courts review its enforcement.

Proof Beyond Reasonable Doubt: When a Rape Accusation Fails for Lack of Force or Intimidation

The Supreme Court acquits a rape convict, explaining why voluntary consent negates force, threat, or intimidation under Article 266-A.

Consent Is Key: Why Force, Threat, or Intimidation Matters in Rape Cases

The Supreme Court acquits a rape accused after the prosecution fails to prove force or intimidation, underscoring that consent—or its absence—is the crux of every rape charge.

Union Busting and Illegal Dismissal: Protecting Workers' Right to Organize

A look at how the Supreme Court protected union members from employer retaliation and enforced due process in dismissals.

Incestuous Rape: When Moral Ascendancy Substitutes for Force

The Supreme Court explains how a father's moral ascendancy can substitute for force in incestuous rape cases, and clarifies the distinction between rape by sexual intercourse and sexual assault.

Chain of Custody in Illegal Drug Cases: Ensuring the Integrity of Evidence

A Supreme Court ruling reminds law enforcers that failing to secure the required witnesses during drug inventory can

Safeguarding Integrity: Strict Enforcement of Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect due to police lapses in the chain of custody rule, reinforcing strict compliance with Section 21 of RA 9165.

Force AND Consent IN Rape Examining Standards OF Proof AND Victim Behavior

Protecting Constitutional Rights: Strict Enforcement of Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect due to police failure to comply with Section 21, RA 9165 chain of custody rules.

Incestuous Rape: Moral Ascendancy as Substitute for Force in Father-Daughter Abuse

Philippine Supreme Court ruling explains how a father's moral ascendancy replaces force in incestuous rape, and why conviction stands.

Moral Ascendancy as Force in Incestuous Rape: Protecting Vulnerable Victims

Supreme Court affirms incestuous rape conviction, ruling that a father's moral ascendancy substitutes for force and intimidation under Philippine law.

Voluntary Departure VS Forced Removal When Retirement Applications BAR Reinstatement Claims

When does an employee's retirement application bar a reinstatement claim? The Supreme Court clarifies the distinction between voluntary retirement and illegal dismissal.

Constructive Dismissal When Workplace Hostility Forces Resignation

When Marital Duty and Psychological Capacity Collide: Understanding Annulment in the Philippines

The Supreme Court clarifies what psychological incapacity truly means under Article 36 of the Family Code, and why a loveless or forced marriage is not automatically void.

Voluntary Resignation vs Illegal Dismissal: Protecting Employee Rights in the Philippines

Philippine Supreme Court clarifies when resignation letters and quitclaims are invalid, protecting employees from forced resignations and illegal dismissal.