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Showing 97–120 of 727 articles for “force”

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines

Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.

Compromise Agreements Ensuring Mutuality AND Enforceability IN Debt Settlements

Philippine Supreme Court approves compromise agreement in debt settlement, highlighting mutual concessions and clear terms for enforceability.

Upholding Arbitration Philippine Courts Enforce Foreign Awards Despite Domestic LAW Conflicts

Philippine Supreme Court affirms enforcement of a Singapore arbitral award, clarifying narrow grounds for refusal under the New York Convention.

Father's Moral Ascendancy as Force in Qualified Rape Cases

The Supreme Court affirms that a father's moral ascendancy substitutes for force or intimidation in qualified rape, upholding conviction.

Oral Contracts for Property: Six-Year Prescription Bars Stale Claims for Specific Performance

Oral agreements to transfer property must be enforced within six years. Learn how prescription works and why timely action matters.

Compromise Agreements Court Approval Required FOR Enforceability Against ALL Parties

A compromise agreement approved by the court binds only the parties who signed it, not other claimants in the same case.

Sheriffs Duty to Serve Notice Before Implementing Writs: Consequences of Neglect

A sheriff who enforces a writ without prior notice violates due process. Learn the rules and penalties under Rule 39.

PNP Dismissal Orders: When Are They Immediately Executory?

The Supreme Court clarifies when PNP dismissal orders are immediately executory and how appeals to the National Appellate Board affect enforcement.

Sheriff's Duty of Timely Execution and Periodic Reporting: Lessons from Foster v. Santos

A sheriff's duty to enforce writs is ministerial; failure to report periodically constitutes simple neglect of duty.

Constructive Dismissal: When a "Voluntary" Resignation Is Not Voluntary at All

The Supreme Court clarifies when a signed resignation letter is actually constructive dismissal, protecting employees from forced resignations disguised as voluntary acts.

Constructive Dismissal: When Hostile Management Conduct Forces an Employee to Quit

Philippine Supreme Court clarifies constructive dismissal standards in Diwa Asia Publishing v. De Leon, detailing when unbearable work conditions constitute illegal termination.

Amparo Writ Upholding Rights Against Enforced Disappearance AND State Accountability

Voice Recognition as Valid Identification in Rape Cases: Protecting Victims and Ensuring Justice

Supreme Court affirms rape conviction based on voice identification, clarifying force, intimidation, and victim credibility standards.

Moral Ascendancy in Incestuous Rape Cases: Conviction Based on Victim's Testimony

Supreme Court affirms incestuous rape conviction, holding a father's moral ascendancy substitutes for force or intimidation, and clarifies limits on multiple convictions.

Ethical Boundaries: Upholding Respect and Dignity in Legal Advocacy

The Supreme Court reminds lawyers that even forceful arguments must remain respectful, citing Rule 8.01 of the CPR.

Parental Betrayal Conviction FOR Trafficking Children IN Cybersex Operations

Supreme Court affirms life sentences for parents who forced their minor children into cybersex and prostitution under RA 9208.

Entrapment vs Instigation: Defining the Boundaries of Drug Law Enforcement in the Philippines

The Supreme Court clarifies the distinction between entrapment and instigation in drug cases, upholding a buy-bust conviction under RA 9165.

Foreclosure Sales and Repurchase Rights: Understanding Bank Discretion in Asset Disposition

Philippine Supreme Court clarifies that after the redemption period expires, former owners have no enforceable right to repurchase foreclosed property from the bank.

Deception and Trafficking: Protecting Vulnerable Individuals from Exploitation

The Supreme Court affirmed a trafficking conviction where a recruiter promised local house-helper jobs but delivered minors to forced labor in Marawi City.

Protecting the Vulnerable: Upholding Justice in Statutory Rape Cases

The Supreme Court affirms a rape conviction, clarifying the relative nature of force and increasing damages awarded to minor victims.

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

Supreme Court Upholds Strict Rules on Certiorari Petitions in Labor Cases

Learn how the Supreme Court enforces strict rules on certiorari petitions and what this means for legal practitioners and clients.

Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law

Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.