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Showing 97–120 of 436 articles for “consent”

Protecting the Vulnerable: Statutory Rape and the Presumption of Incapacity in Philippine Law

The Supreme Court affirms that carnal knowledge of a child under 12 is statutory rape, regardless of force or consent.

OGCC Authority Over GOCC Legal Representation Clarified in Land Bank Replevin Case

Supreme Court clarifies OGCC's authority over GOCC legal representation, allowing LBP Legal Services to participate with OGCC consent in replevin cases.

Co-Ownership Rights Protecting Inherited Property Against Unconsented Mortgages

Learn how co-owners can protect inherited property from unconsented mortgages and what the Supreme Court says about ownership rights.

When Lawyers Can Withdraw From a Case: The Rule on Client Consent and Court Approval

A lawyer cannot simply abandon a client's case. The Supreme Court explains the rules on withdrawal and the penalties for violation.

Lawyer Suspended for Neglecting Client’s Cases and Unjustified Withdrawal

A lawyer who withdrew from a case without client consent or court approval was suspended for one year and ordered to return fees.

Mutuality of Contracts: Banks Cannot Unilaterally Raise Interest Rates Without Borrower Consent

Philippine Supreme Court ruling on why banks cannot unilaterally increase loan interest rates without borrower consent, citing mutuality of contracts principle.

Conjugal Property Sales When A Void Contract Still Speaks Volumes

When a deed of absolute sale is void for lack of spousal consent, can it still be used to prove a valid dacion en pago? The Supreme Court weighs in.

Disbarment for Forgery and Misrepresentation in Marriage Nullity Case

Supreme Court disbars lawyer who filed nullity petition without client's consent, forged signature, and misrepresented herself as counsel.

Waiver of Due Process When Consent Cures Procedural Defects in Administrative Cases

A party who voluntarily participates in an administrative proceeding without objecting to procedural defects may be deemed to have waived the right to question them later.

Perfecting Joint Venture Agreements Consent Object AND Cause IN Philippine contract LAW

Philippine Supreme Court ruling on labor-only contracting, joint and several liability, and procedural due process in illegal dismissal cases.

Kidnapping With Rape: Intent Proven by Unlawful Taking of a Child

The Supreme Court affirms that taking a child without parental consent establishes intent to deprive liberty, convicting the offender of kidnapping with rape.

Tenancy Rights: Why Landowner Consent Is Essential in Agricultural Leasehold

The Supreme Court clarifies that landowner consent is essential to create agricultural tenancy, rejecting implied tenancy claims without it.

How Marital Status Determines Property Ownership in the Philippines

A Supreme Court ruling explains how marital status affects property ownership, co-ownership rules, and the validity of selling property without spousal consent.

Surety Bonds and Indemnity: Why Renewal Disputes Don't Erase Contractual Liability

Philippine Supreme Court rules that a deed of indemnity authorizing bond renewals binds signatories even without separate consent to each renewal.

Consent and Doubt: When Inconsistent Testimony Leads to Acquittal in Rape Cases

The Supreme Court acquits a rape accused, ruling that inconsistent victim testimony and doubtful circumstances create reasonable doubt.

Upholding Client Trust: Lawyer Suspended for Mismanaging Settlement Funds and Unauthorized Agreements

A lawyer who settled a client's case without consent and kept the P100,000 proceeds was suspended for two years and ordered to return the money.

Rejection of the Sweetheart Defense in Rape Cases: Consent Beyond Affection

The Supreme Court clarifies that a "sweetheart defense" in rape cases requires proof of both a romantic relationship and genuine consent to the sexual act.

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Adoption Decree Annulled Protecting Spousal AND Childrens Rights IN Adoption Proceedings

Philippine Supreme Court annuls adoption decree, affirming that spousal consent and children's rights are mandatory in adoption proceedings.

Tenant Rights and Landowner Consent: Establishing Agricultural Tenancy in the Philippines

Philippine Supreme Court clarifies that landowner consent is essential to establish agricultural tenancy; mere cultivation does not create tenant rights.

Double Jeopardy and Provisional Dismissal: When Cases Can Be Reopened With Accused Consent

The Supreme Court explains when a provisionally dismissed criminal case can be revived without violating double jeopardy, and why accused consent matters.

Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases

Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.

Assignment of Contractual Rights: Consent Requirements and Third Party Obligations in Philippine Law

Philippine Supreme Court clarifies when contractual assignment binds the debtor and when assignee consent is required under Civil Code.

Marital Consent IS KEY Voiding Property Sales Without Spousal Agreement

Learn when a sale of conjugal property without spousal consent can be voided under Philippine law, and what buyers must check.