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Showing 193–216 of 727 articles for “force”

Rape Conviction Affirmed: Force, Moral Ascendancy, and Damages in Sibling Abuse Cases

Supreme Court affirms rape conviction of brother who assaulted his 14-year-old sister, clarifying force requirements and increasing damages to P300,000.

Sheriffs Duty Upholding Procedural Integrity AND Avoiding Abuse OF Authority

Explaining the Supreme Court's ruling on chain of custody in drug cases and why procedural integrity matters for sheriffs and law enforcement.

Child's Testimony in Statutory Rape and Qualified Rape: Lessons from People v. Delfin

When the prosecution cannot prove a child's age, statutory rape fails — but force and intimidation may still support a simple rape conviction.

Sheriffs' Duty to Enforce Writs Promptly: A Lesson in Administrative Liability

When a sheriff repeatedly fails to implement a writ of execution, the Court steps in. Learn the rules on sheriffs' duties and penalties for neglect.

Finality of Judgment and Contempt: Lessons from the Bihag v. Era Disbarment Case

The Supreme Court clarifies when a disbarred lawyer may be cited for indirect contempt and how final judgments are enforced.

Sheriff's Overreach in Writ Enforcement: A Lesson from Quicho v. Reyes

When a sheriff oversteps in enforcing a writ, courts will hold him accountable. Learn the limits of execution authority.

Finality of Judgment vs. Post-Decision Motions: Lessons from a Disbarred Lawyer’s Contempt

A disbarred lawyer’s belated motion fails; Court enforces final judgment, cites indirect contempt for defiance.

When a Bank's Failure to Release Full Loan Invalidates a Mortgage: PNB v. Tajonera

A bank that fails to release the full approved loan breaches its reciprocal obligation, making the mortgage securing that loan unenforceable.

Rape Conviction Affirmed: Credibility of a Minor Victim's Testimony in Sexual Assault Cases

Supreme Court affirms rape conviction based on a minor's credible testimony, rejecting the sweetheart defense and clarifying force and intimidation requirements.

Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines

Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.

Rape and Consent: How the Sweetheart Defense Fails Against Proof Beyond Reasonable Doubt

Philippine Supreme Court explains why the sweetheart defense cannot defeat a rape conviction when the victim's testimony proves force and intimidation.

Rape Conviction Upheld: The Critical Role of Victim Testimony and Consent in Philippine Law

Supreme Court affirms rape conviction, explaining how credible victim testimony establishes force and lack of consent under Philippine law.

Enforcement Deadlines: Understanding the Five-Year Rule for Executing Court Judgments

A final court ruling is not the end of the story. Philippine law sets strict deadlines for enforcing judgments, and missing them can cost a winning party the case.

Habeas Corpus and Child Custody: Where to File and When a Court Has Jurisdiction

The Supreme Court clarifies that a habeas corpus writ for child custody is enforceable across the entire judicial region, not just the city where filed.

Malversation Through Falsification: Upholding Accountability in Philippine Public Office

A BIR agent's conviction for malversation through falsification shows how Philippine courts penalize public fund misappropriation and enforce restitution.

Arbitration Agreements Enforceability and Scope of Party Inclusion in Philippine Law

Philippine Supreme Court clarifies when arbitration can be compelled, who is bound by arbitration agreements, and limits on dismissing arbitration cases.

Challenging the Sweetheart Defense: Consensual vs Forced Intimacy in Philippine Rape Cases

Philippine Supreme Court ruling on when the "sweetheart defense" fails in rape cases, and how courts weigh consent against force and intimidation.

Co-Ownership Rights Selling Your Share Without Consent Philippines

Can a co-owner be forced to sell their share? The Supreme Court explains Article 493 rights and the remedy of partition.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Non-Diminution of Benefits: When Employer Practices Become Enforceable Rights

Philippine Supreme Court ruling on non-diminution of benefits—when employer practices ripen into enforceable rights under the Labor Code.

Constructive Dismissal: When Forced Resignation and Unpaid Wages Become Illegal Termination

Philippine Supreme Court ruling on constructive dismissal when an employer withholds work assignments to force resignation, and procedural rules that protect labor.

Constructive Dismissal: When Unpaid Wages Force an Employee to Resign

Philippine Supreme Court ruling on constructive dismissal, unpaid wages, and when resignation is actually illegal dismissal.

Constructive Dismissal: Protecting Employees From Forced Resignation

When an employer makes work conditions impossible, the law treats it as constructive dismissal. Learn how the Supreme Court protects employees' security of tenure.

Possession Is Key: Unpaid Trust Certificates and Bank Liability in the Philippines

Philippine Supreme Court rules that a bank client holding original unpaid trust certificates can enforce payment, even years after maturity.