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Breach of Trust: Defining Qualified Theft in Employee Misappropriation Cases
A sales manager's failure to remit sale proceeds is qualified theft, not carnapping, when trust and confidence are abused.
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.
Jul 13, 2009qualified theftestafacriminal lawrevised penal codeemployee misappropriationsupreme court
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.