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Showing 169–192 of 727 articles for “force”

Rescission Rights Enforcing Compromise Agreements In Property Sales

When a buyer defaults on a court-approved compromise agreement, the seller may rescind and enforce the original contract without a separate action.

Rape Conviction Requires Clear Proof of Force and Victim's Age in Statutory Rape Cases

Philippine Supreme Court clarifies proof requirements for rape convictions, distinguishing simple rape from statutory rape and affirming credibility standards.

Forfeiture Clauses Balancing Employer Protection AND Employee Rights IN Commission Disputes

Philippine Supreme Court clarifies when commission forfeiture clauses in employment contracts are valid and enforceable.

Employer-Employee Relationship and Due Process in DOLE Labor Standards Cases

Supreme Court ruling on DOLE jurisdiction, employer-employee relationship requirements, and due process in labor standards enforcement.

Heirs Discord Upholding Partition Rights In Estate Disputes

The Supreme Court affirms that no co-heir may be forced to remain in co-ownership, and explains strict rules on appeals.

Ethical Standards Upheld: Lawyer Suspended for Issuing a Bouncing Check

A lawyer's two-year suspension for issuing a bouncing check under BP 22, and the ethical duties it reinforces for the legal profession.

Sheriffs Must Enforce Writs of Execution Strictly or Face Administrative Liability

A sheriff who accepts less than the full amount stated in a writ of execution and labels it full satisfaction commits simple misconduct.

Perfecting Appeals Strict Compliance AND Jurisdictional Requirements IN Philippine LAW

Reconstitution of a Torrens title requires clear proof the certificate was genuine and in force when lost or destroyed.

Beyond the Letter: Protecting Employee Rights and Personal Choices in Workplace Morality

Philippine Supreme Court ruling on agrarian reform land transfers, void contracts, and the limits of workplace morality enforcement.

Voluntary Resignation vs Illegal Dismissal: Protecting Overseas Filipino Workers

When is an OFW's resignation voluntary or forced? The Supreme Court clarifies the rules on quitclaims, waivers, and illegal dismissal claims.

Breach of Trust: How Familial Rape Impacts Justice in the Philippines

Philippine Supreme Court affirms rape conviction based on victim's credible testimony, rejecting sweetheart defense and clarifying force requirement.

Incestuous Rape: Upholding Parental Moral Ascendancy and Protecting Minor Victims

Philippine Supreme Court affirms rape conviction of a father figure, clarifying force, minority as aggravating circumstance, and damages.

Amparo Writ Scope: Extralegal Killings and Enforced Disappearances Only

Supreme Court clarifies the writ of amparo covers only extralegal killings and enforced disappearances, not ordinary threats from private individuals.

B P 22 and Estate Liability Ensuring Debtors Obligations Extend Beyond Death

Philippine Supreme Court ruling on B.P. 22 and estate liability, clarifying that a debtor's obligation survives death and may be enforced against the estate.

Constructive Dismissal Claims: When Resignation Is Voluntary and Not Forced

The Supreme Court clarifies when a resignation is voluntary rather than constructive dismissal, and which money claims belong in labor courts.

Resignation vs. Constructive Dismissal: When Leaving a Job Is Not Forced

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and which money claims belong in labor courts.

When Force in Rape by Sexual Assault Is Proven: Carrera v. People

The Supreme Court affirms a rape by sexual assault conviction, clarifying how force and lack of voluntariness are established.

Reasonable Suspicion AND Warrantless Searches Balancing Rights AND LAW Enforcement IN Drug Cases

Surety Bond Liability and Due Process in Wrongful Attachment Cases

Learn when surety bonds can be enforced after wrongful attachment, and the due process rules that protect sureties in Philippine courts.

Writ of Amparo Not a Shield for Deportation: Mison v. Gallegos

The Supreme Court clarifies that the writ of amparo covers only extrajudicial killings and enforced disappearances, not ordinary immigration detention.

Barangay Settlement Enforcement: MCTC Jurisdiction and the 10-Day Rule

Learn how the Supreme Court clarified enforcement of barangay amicable settlements, including MCTC jurisdiction and the binding 10-day repudiation period.

Enforceability of Compromise Agreements: A Pathway to Resolving Legal Disputes

Philippine Supreme Court approves compromise agreement in insurance dispute, showing how amicable settlements end litigation and become binding judgments.

Rape Conviction Upheld Despite Lack OF Physical Injuries THE Importance OF Credible Testimony AND USE OF Force

Enforceability of Incentive Bonuses When Promises Become Obligations

When do employer promises become enforceable obligations? The Supreme Court clarifies jurisdiction over training reimbursement claims and unpaid salary disputes.