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Showing 169–192 of 606 articles for “breach”

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.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Breach of Trust When Employee Disloyalty Justifies Termination in the Philippines

When does employee disloyalty justify termination? The Supreme Court explains breach of trust doctrine in Philippine labor law.

Upholding Ethical Standards: University's Right to Transfer Faculty for Breaches of Professional Ethics

When can a university transfer a professor for ethical lapses? The Supreme Court clarifies management prerogative versus constructive dismissal.

Breach of Trust as Just Cause for Dismissal in Philippine Banking

Philippine Supreme Court ruling on when a bank branch head's breach of trust justifies dismissal under Article 282 of the Labor Code.

Breach of Duty: Immigration Officer Liable for Releasing Aliens Who Used Fraudulent Documents

An immigration officer who releases aliens caught using fake passports without initiating deportation proceedings commits grave misconduct.

When a Carrier's Delay Is a Fortuitous Event: Moral Damages in Breach of Carriage Contracts

The Supreme Court explains when moral damages are recoverable for breach of contract of carriage and why a typhoon-caused delay absolved Northwest Airlines.

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.

Flight Delay Liability: Fortuitous Events and Bad Faith in Breach of Contract

Philippine Supreme Court clarifies when airlines are liable for flight delays—fortuitous events and bad faith explained.

Breach of Trust When Messenger Becomes Thief: Qualified Theft and Carnapping in Philippine Law

A messenger who took his employer's cash and motorcycle faced both carnapping and qualified theft charges. The Supreme Court explains the distinction.

Breach of Trust: How a Messenger's Betrayal Led to Convictions for Carnapping and Qualified Theft

A messenger who vanished with his employer's money and motorcycle was convicted of carnapping and qualified theft. The Supreme Court explains why.

Breach of Contract: Upholding Banks' Right to Set Off Loans Against Deposits

Supreme Court rules banks may set off deposits against unpaid loans when valid hold-out agreements exist, reversing lower court rulings.

Bank Liability for Unauthorized Joint Account Termination: BPI v. Fernandez

Supreme Court holds banks liable for releasing joint AND/OR account funds without required certificates, citing bad faith and breach of fiduciary duty.

Vault Custodian's Judicial Admission Proves Qualified Theft in Gemmary Pawnshop Case

Supreme Court affirms qualified theft conviction of pawnshop vault custodian, ruling her judicial admission and breach of trust suffice for reclusion perpetua.

Breach of Contract and the Limits of Bank Manager Authority: Apparent Authority in Real Estate Transactions

When does a bank branch manager's promise bind the bank? The Supreme Court explains apparent authority in Games and Garments Developers, Inc. v. Allied Banking Corporation.

Breach of Trust as Ground for Dismissal: Manager's Dishonest Dealings Upheld

Supreme Court affirms dismissal of a manager who failed to account for funds and licenses, ruling that loss of trust and confidence was justified.

Breach of Public Trust: Dismissal for Non-Remittance of Judiciary Collections

Supreme Court affirms dismissal of court OIC who failed to remit P177,838.24 in judiciary funds, citing breach of public trust.

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.

Res Judicata Bars Repeated Lawsuits for the Same Breach of Contract

A single breach of contract gives rise to only one cause of action. Learn how the Supreme Court applied res judicata to bar a second lawsuit.

Breach of Contract and Unilateral Termination: The Talampas v. Moldex Realty Case

When can a party unilaterally terminate a contract? The Supreme Court explains in Talampas v. Moldex Realty.

Breach of Trust: Disbarment for Lawyer Neglect and Misconduct in Attorney-Client Relations

A lawyer's failure to file a client's case for three years, refusal to return funds, and practice while suspended led to disbarment.

Breach of Duty and Dishonesty: Dismissal of a Court Clerk for Misappropriating Judiciary Funds

The Supreme Court dismissed a Clerk of Court for gross neglect of duty, grave misconduct, and serious dishonesty over unremitted judiciary funds.

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.

Breach of Marital Vows: Disbarment for Bigamous Marriage Justified

A lawyer who contracts a second marriage while his first remains valid commits gross immorality warranting disbarment, the Supreme Court ruled.