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Showing 145–168 of 727 articles for “force”

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.

Promissory Notes Enforceability and the Limits of Contractual Interpretation

Supreme Court clarifies that a creditor must prove the exact deficiency amount with supporting evidence, not just present a bare statement of account.

Moral Ascendancy in Statutory Rape: Redefining Intimidation in Familial Abuse Cases

Philippine Supreme Court clarifies that moral ascendancy replaces force or intimidation in rape by a common-law father, protecting minor victims.

When a Father's Denial Fails: Qualified Rape and Damages in People v. Mendoza

Supreme Court affirms qualified rape conviction of a father, clarifies force need not be proven in incestuous rape, and increases damages.

Good Faith and Land Titles: The Limits of Torrens System Protection in the Philippines

A Supreme Court ruling clarifies when a buyer's failure to pay full price under a Contract to Sell prevents enforcement, and the limits of good faith claims.

Government Contracts Enforceability AND THE Necessity OF Legal Requirements

A look at when government contracts are binding and why strict legal requirements matter for enforceability in the Philippines.

Upholding Legal Ethics Attorneys Cannot USE Force TO Claim Disputed Property Rights

Conspiracy and the Element of Force in Rape and Homicide Cases in the Philippines

The Supreme Court clarifies conspiracy, force, and proper charges in rape and homicide, modifying a conviction from simple to qualified rape.

Forced Resignation: When a "Voluntary" Resignation Is Really Illegal Dismissal

Philippine Supreme Court clarifies when a resignation is forced and amounts to illegal dismissal, protecting employees from undue influence.

Forced Resignation: The Employer's Burden to Prove Voluntariness

When is a resignation forced? The Supreme Court clarifies that employers must prove voluntariness by clear and convincing evidence.

Acquittal in Rape Case: The Crucial Role of Force, Threat or Intimidation

The Supreme Court acquitted a rape accused because the prosecution failed to prove force, threat, or intimidation, a required element of rape.

Enforceability of Oral Contracts: Protecting Contractors' Rights Through Quantum Meruit

Oral contracts are binding in the Philippines. Learn how quantum meruit protects contractors who complete work without written agreements.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Attorney Disbarred for Neglect and Misrepresentation in LANECO Case Faces Contempt and Execution

Supreme Court denies lawyer's bid to reopen final disbarment case, cites him for contempt and orders execution to enforce return of PHP 4.1 million.

Treaty Obligations vs Domestic Law: Enforceability of UN Human Rights Committee Views in Philippine Courts

The Supreme Court rules that UN Human Rights Committee views are recommendatory, not enforceable through mandamus in Philippine courts.

Moral Ascendancy as Force in Parental Rape: Erosion of Trust in People v. Mayola

Father convicted of qualified rape: moral ascendancy substitutes for force, delay in reporting does not negate the crime.

Moral Ascendancy in Incestuous Rape: Upholding Protection for Child Victims

The Supreme Court affirms the conviction of a father for qualified rape, explaining how parental moral ascendancy substitutes for force and intimidation.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case fails; the Supreme Court enforces finality and cites indirect contempt.

Surety Agreements and Conditions Precedent: What the Supreme Court Said in RCBC v. Bernardino

The Supreme Court clarifies when surety agreements are enforceable and how conditions precedent are proven, in RCBC v. Bernardino.

Rape of an Intoxicated Victim: Consent and Consciousness Under Philippine Law

The Supreme Court ruled that sex with a woman unconscious or deprived of reason from intoxication is rape, even without force.

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.

Protecting the Accused: The Limits of Unpleaded Allegations in Rape Cases

The Supreme Court clarifies that convictions for statutory rape rest on age and carnal knowledge, not on unpleaded details like force or location.

Lease Default and Lessor Rights: Reading Contract Clauses Literally

Philippine Supreme Court ruling on lessor rights upon lessee default, contract interpretation, and enforcement of claims against a deceased lessee's estate.