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Showing 49–68 of 68 articles for “misappropriation”

Breach of Trust: Understanding Estafa and Criminal Liability in the Philippines

Learn how the Supreme Court defines estafa by misappropriation under Article 315 of the Revised Penal Code and what it means for your liability.

Court Personnel Extortion: Dismissal for Misappropriation of Court Funds

Supreme Court ruling on court employee extortion and misappropriation of court documents, explaining penalties under the new Code of Conduct.

Estafa Through Misappropriation: Liability Even Without Direct Handling of Property

Supreme Court clarifies that estafa under Article 315(1)(b) can arise even when property is received by an employee, not the accused directly.

Illegal Dismissal Case: Employer's Burden of Proof in Misappropriation Claims

MERALCO v. NLRC clarifies that employers bear the burden of proof in illegal dismissal cases, even for misappropriation charges.

Malversation Conviction Affirmed Consenting To Misappropriation AS Grounds FOR Liability

Consent to misappropriation by a public officer can ground malversation liability even without personal gain, as this case shows.

Qualified Theft vs Estafa: Defining Possession in Bank Teller Cases

When does a bank teller's misappropriation of funds constitute qualified theft rather than estafa? The Supreme Court clarifies the key distinction.

Disbarment for Legal Counsels Dishonest and Unlawful Conduct

A lawyer's duty to hold client funds in trust, and the consequences of misappropriation after a client's death.

Public Trust Betrayed: Dismissal for Misappropriation of Judiciary Funds

Clerk of court dismissed for misappropriating judiciary funds; silence deemed admission of guilt in administrative cases.

Estafa Through Misappropriation: When an Employee's Failure to Account Amounts to Breach of Trust

The Supreme Court clarifies when an employee's failure to account for company funds and property constitutes estafa through misappropriation, reversing dismissals by prosecutors.

Breach of Public Trust: Dismissal for Misappropriation of Court Funds

Supreme Court dismisses two clerks of court for misappropriating judiciary funds, affirming that public trust breach warrants the ultimate penalty.

Misappropriation of Litigant Funds Leads to Judge's Dismissal

Supreme Court dismisses judge for misappropriating P78,000 in fiduciary funds entrusted by litigants, violating Circular No. 50-95.

Breach of Public Trust: Forfeiture of Benefits for Misappropriation of Judiciary Funds

A clerk of court loses retirement benefits for misappropriating judiciary funds, even after full restitution and resignation.

Attorney Misappropriation of Client Funds: Fiduciary Duty and Ethical Obligations of Lawyers

When a lawyer mishandles client money, the Supreme Court does not take it lightly. Learn the ethical rules and consequences.

Acquittal in Malversation Case Shows Audit Gaps Can Overcome Presumption of Guilt

Supreme Court acquits treasurer and cashier of malversation, ruling that flawed audit findings and lack of proof of actual shortage defeat the presumption of misappropriation.

Breach of Trust and Estafa: The Crucial Role of Demand in Philippine Law

Explaining the Supreme Court ruling in Barrameda v. Court of Appeals on estafa through misappropriation, the elements of the crime, and the importance of demand.

Misappropriation vs Private Property: Understanding Malversation in Philippine Law

The Supreme Court clarifies that malversation requires public property. A mayor's custody of a private gun is not malversation.

Attorney Misconduct Handling Client Funds: Disbarment for Misappropriation and Deceit

A lawyer who misappropriates client funds and deceives clients faces disbarment. Learn the ethical rules and lessons from Busiños v. Ricafort.

Misappropriation of Court Funds: Duties and Liabilities of Clerks of Court

Philippine Supreme Court ruling on misappropriation of Judiciary Development Fund collections and the liabilities of clerks of court for negligence.

Estafa and Breach of Trust: When Returning Property Through a Third Party Leads to Acquittal

Returning entrusted property through a third party can defeat estafa charges if it raises reasonable doubt on misappropriation. Learn from Rosa Lim's acquittal.

Dishonesty in Public Service: Consequences and Prevention Lessons from a Court Employee's Dismissal

A Supreme Court ruling on JDF misappropriation shows why dishonesty in public service leads to dismissal and how to prevent it.