Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Breach of Trust: Understanding Malversation of Public Funds in the Philippines
The Supreme Court explains the elements of malversation under Article 217 of the Revised Penal Code, including the presumption of misappropriation when funds are not forthcoming upon demand.
Unproven Claims When Government Contracts Lack Evidence Of Delivery
Supreme Court affirms COA denial of P63M textbook claim for lack of proof of delivery and appropriation.
Breach of Trust: Defining Qualified Theft in Philippine Employment Relationships
The Supreme Court clarifies when an employee's misappropriation is qualified theft, not estafa, and explains the penalty rules.
Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)
The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.
Breach of Trust Establishing Guilt in Qualified Theft Cases in the Philippines
The Supreme Court explains how a cashier's breach of confidence proves qualified theft, affirming reclusion perpetua for P640,353.86 misappropriation.
Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases
The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.
Breach of Trust Estafa and the Misappropriation of Funds Entrusted for Tax Remittance
When does a cashier's mishandling of funds amount to estafa? The Supreme Court clarifies the key distinction between material and juridical possession.
Breach of Trust Establishing Estafa Through Misappropriation of Funds
When does a failure to return money become estafa? The Supreme Court explains the elements of misappropriation under Article 315.
Breach of Public Trust: Dismissal for Misappropriation of Court Funds
Supreme Court affirms dismissal of clerk of court who used judiciary funds for personal expenses, underscoring public trust.
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.
Supreme Court Limits Presidential Spending Power in Araullo v. Aquino III
The Supreme Court struck down parts of the Disbursement Acceleration Program, reaffirming that public funds require congressional appropriation under the Constitution.
Upholding Integrity in Public Service: Liability for Misappropriation of Court Funds
Supreme Court ruling on court personnel liability for fund misappropriation, neglect of duty, and dishonesty in public service.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.
Government Funds and the Limits of Garnishment: Protecting Public Resources
The Supreme Court rules that government funds, including UP's, cannot be garnished to satisfy money judgments without proper appropriation and COA approval.
Breach OF Public Trust Over Collection AND Misappropriation OF Court Fees
When Deceit and Misappropriation Tarnish Legal Practice: A Case on Attorney Disbarment
Learn how the Supreme Court disciplines lawyers who deceive clients and mishandle funds, and what this means for ethical practice.
Breach of Trust and Misappropriation of Funds Justify Dismissal in Electric Cooperative
Supreme Court rules that misappropriating collections and gross negligence are valid causes for dismissing employees of an electric cooperative.
Attorney Disbarred for Gross Neglect and Misappropriation of Client Funds
Supreme Court disbars lawyer who neglected a client's criminal case and misappropriated P18,000 intended for bail bond.
Qualified Theft vs Estafa: Defining the Boundaries of Employee Misappropriation
The Supreme Court clarifies when an employee's misappropriation is qualified theft, not estafa, based on the nature of possession.
Falsification vs Misappropriation: When Paper Renewal Justifies Dismissal
Philippine Supreme Court ruling on when a salesman's "paper renewal" amounts to falsification warranting dismissal, and when it does not.
Breach OF Trust Dismissal FOR Misappropriation OF Court Funds IN THE Philippines
Breach OF Trust Disbarment FOR Attorneys Misappropriation OF Client Property
Breach of Trust Dismissal for Misappropriation of Public Funds in the Judiciary
Cash clerk dismissed for dishonesty and grave misconduct after tampering receipts and misappropriating over P600,000 in judiciary funds.
Breach of Public Trust, Misappropriation of Funds, and the Duty of Accountable Public Servants
The Supreme Court affirms that misappropriating funds received in trust constitutes estafa, emphasizing the fiduciary duty of accountable public servants.