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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Graft and Malversation: When Private Funds Become Public Funds Under Philippine Law
The Supreme Court clarifies when private funds become public funds and defines liability for graft and malversation in Arcelo v. People.
Breach of Public Trust: Defining Graft and Malversation in Philippine Law
The Supreme Court clarifies the elements of graft and malversation in Ruiz v. People, affirming a mayor's conviction for misuse of public funds.
Accountability in Public Office: Mayor's Liability for Negligent Fund Disbursement
A mayor's approval of an unappropriated price escalation payment led to malversation and graft convictions, underscoring public officers' duty of diligence.
Reasonable Doubt Prevails: Acquittal in Graft and Malversation Case Due to Hearsay Evidence
Supreme Court acquits mayor and barangay captain of graft and malversation, ruling that hearsay evidence and admissions alone cannot prove guilt beyond reasonable doubt.
Malversation and Falsification: What the Cabarios Acquittal Means for Public Officials
The Supreme Court's Cabarios ruling clarifies the proof needed to convict public officials of malversation and falsification of public documents.
Understanding Probable Cause in Public Procurement: Insights From a Landmark Philippine Supreme Court Ruling
A mayor's conviction for graft and malversation over an illegal price escalation payment—key lessons on public fund disbursement.
Evident Bad Faith in Government Contracts: The Sarion Case on Price Escalation
A mayor's approval of price escalation payments without NEDA and GPPB approval led to graft and malversation convictions.
Good Faith Defense in Graft Cases: Insights from the Feliciano and Aquitania Acquittal
The Supreme Court acquitted water district officials of graft and malversation, clarifying the limits of criminal liability for good faith actions.
Malversation and Anti-Graft Laws: Lessons from Sarion v. People on Public Fund Management
A Supreme Court ruling on malversation clarifies the duty of public officials to verify disbursements, with key lessons for government and contractors.
Understanding Negligent Malversation: Protecting Public Funds in the Philippines
Learn how Philippine courts define negligent malversation of public funds, the elements of the crime, and key lessons from a recent Supreme Court ruling.
Diversion of Tobacco Funds: Technical Malversation vs. Corruption Under Philippine Law
The Supreme Court clarifies when misusing public funds is technical malversation, not corruption, in Villarosa v. Ombudsman.
RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment
Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.
Good Faith Defense vs. Falsification and Malversation of Public Funds
Supreme Court clarifies when blind obedience to unlawful orders defeats good faith in falsification and malversation cases.
Judicial Ethics: Conviction of Moral Turpitude Leads to Dismissal and Disbarment
A judge's conviction for malversation and graft leads to dismissal from the bench and disbarment, even while criminal appeals are pending.
Cash Advances and Malversation: When Good Faith Defeats Criminal Intent
The Supreme Court clarifies when an unliquidated cash advance becomes malversation, acquitting a mayor who acted in good faith.
Accountability Prevails Public Officials Liable FOR Malversation Despite Technicalities
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.
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.
Accountability Under the Law: Presumption of Malversation in Public Office
A clerk of court's failure to remit judiciary funds raises the presumption of malversation. Learn the rules on public accountability.
Technical Malversation: Intent Not Required for Illegal Use of Public Funds
Supreme Court clarifies that illegal use of public funds under does not require intent, only the diversion of funds to another public purpose.
Technical Malversation: Good Faith Is No Defense for Misapplying Public Funds
A mayor diverted food for malnourished children to calamity victims. The Supreme Court ruled this is technical malversation—good faith is no defense.
Accountability in Public Office: Understanding Malversation of Public Funds in the Philippines
The Supreme Court explains the elements of malversation of public funds and why restitution does not erase criminal liability for accountable officers.
Probable Cause and Ombudsman Discretion: Incomplete Audit Does Not Bar Malversation Charges
The Supreme Court rules that an incomplete COA audit does not prevent the Ombudsman from finding probable cause for malversation of public funds.
Double Jeopardy and Prioritization Defense in Malversation and Graft Cases
The Supreme Court clarifies when prioritizing payments excuses non-remittance of GSIS funds and when double jeopardy applies in graft cases.