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Showing 121–144 of 727 articles for “force”

Reasonable Doubt Reversal OF Rape Conviction DUE TO Inconsistent Testimony AND Lack OF Proven Force

Rape by a Parent: Upholding the Sanctity of Trust and the Reclusion Perpetua Penalty

The Supreme Court affirms a father's rape conviction, explaining why parental moral influence substitutes for force and why reclusion perpetua stands.

Rape and Intimidation: The Victim's Testimony and the Element of Fear in Philippine Law

The Supreme Court explains how force and intimidation in rape are judged from the victim's perspective, not by an objective standard.

Parental Authority vs Consent: Rape Conviction Upheld Despite Delayed Reporting

A father's moral ascendancy substitutes for force in rape, and a daughter's long silence does not weaken her testimony, the Supreme Court ruled in Clemeno.

Rape Conviction Hinges on Proof of Force: Victim Testimony and Rights in Child Abuse Cases

A Supreme Court ruling on rape conviction clarifies victim testimony standards, force requirements, and damages in child abuse cases.

Revival of Judgment: How Debtor's Actions Affect Execution Deadlines

When a judgment debtor's own actions delay execution, the five-year period to enforce a judgment by motion may be tolled.

When Union Disaffiliation Leads to Dismissal: Union Security Clauses and Illegal Strikes

The Supreme Court clarifies who may enforce a union security clause and when a strike becomes illegal, affecting dismissal of union officers and members.

Moral Ascendancy as Intimidation: Stepfather's Abuse of Authority in Rape Cases

Stepfather's moral ascendancy can substitute for force or intimidation in rape, explains the Supreme Court in People v. Austria.

Minor Witness Testimony in Rape Cases: Credibility and Its Impact on Justice

How courts assess a minor rape victim's testimony, why it can sustain a conviction, and the rules on alibi, force, and damages.

Moral Ascendancy AS Substitute FOR Violence Rape Conviction Upheld Despite Recantation

Philippine Supreme Court affirms rape conviction based on moral ascendancy, not physical force, despite victim's recantation.

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.

Contractual Waivers and Delayed Claims: Quality Disputes in Construction Agreements

Examine how the Supreme Court enforced a contractual waiver clause in a construction dispute, barring a delayed quality claim.

Self-Defense Under Scrutiny: Establishing Unlawful Aggression in Homicide Cases

The Supreme Court clarifies when self-defense fails in homicide cases, emphasizing unlawful aggression and reasonable necessity of force.

Contractual Venue Stipulations: Enforceability and Waiver in Philippine Courts

Philippine Supreme Court clarifies when exclusive venue clauses in contracts bind parties and when they are waived.

Moral Ascendancy in Qualified Rape: How Step-Parents Breach Trust

The Supreme Court affirms that a step-parent's moral ascendancy can substitute for force and intimidation in qualified rape cases.

Qualified Rape: Moral Ascendancy as Substitute for Force in Step-Parent Abuse

Step-parent moral ascendancy can substitute for force in qualified rape, as shown in People v. De Guzman.

Shareholder Rights Upholding Inspection Rights Despite Corporate Disputes

Supreme Court clarifies that stockholders' inspection rights remain enforceable in RTC even when majority shares belong to sequestered corporations.

Breach of Notarial Duty: Upholding Integrity in Legal Practice

Explore how the Supreme Court reinforced accountability for public officers in lease and procurement irregularities.

Protecting the Vulnerable: The Duty of Moral Ascendancy in Familial Rape Cases

How the Supreme Court affirmed a father's rape conviction, explaining why moral ascendancy replaces force in incestuous abuse.

Upholding the Credibility of a Rape Victim's Testimony and the Burden of Proof

In People v. Amar, the Supreme Court convicted a father of raping his daughter, showing how moral ascendancy substitutes for force and how denial and alibi fail.

Rape Conviction Upheld Clarifying THE Application OF Force AND Intimidation IN Sexual Assault Cases

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Abuse Cases

Philippine Supreme Court affirms rape conviction, explaining how force, intimidation, and moral ascendancy establish guilt in sexual abuse cases.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Assault Cases

The Supreme Court affirms a stepfather's rape conviction, explaining how force, intimidation, and moral ascendancy satisfy the elements of rape under Philippine law.

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.