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Showing 1–24 of 68 articles for “misappropriation”

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.

Estafa Through Misappropriation: Key Insights From a Recent Supreme Court Ruling

Explore the Supreme Court's recent ruling on estafa through misappropriation and its practical implications for criminal liability and prosecution.

Estafa Misappropriation Requires a Duty to Deliver: Vicente v. People

The Supreme Court acquits a contractor of estafa, ruling that a mere debt, without a duty to deliver funds, is not misappropriation.

Theft by Misappropriation of Found Property: What Philippine Law Requires

Philippine law punishes keeping found property as theft. Learn the finder's duties and key lessons from a recent Supreme Court ruling.

Understanding Trust and Misappropriation in Philippine Estafa Cases: Key Lessons from a Landmark Ruling

A Supreme Court ruling clarifies estafa under Article 315(1)(b), explaining trust receipt obligations, demand requirements, and why partial payment does not erase criminal liability.

Lawyer's Duty to Account for Client Funds: A Case of Trust and Misappropriation

When a lawyer fails to account for client funds, the Supreme Court steps in. Learn the rules on fiduciary duty and the penalties for misappropriation.

Lawyer Misconduct: Disbarment for Dishonesty and Misappropriation of Client Funds

When lawyers deceive clients and misuse entrusted funds, the Supreme Court can impose the ultimate penalty: disbarment. Learn from a recent case.

Breach of Trust Disbarment for Misappropriation and Defiance of Court Orders

Lawyer disbarred for misappropriating client funds and practicing law despite a suspension order. Learn the ethical rules and consequences.

Attorney Suspended for Neglect and Misappropriation of Client Funds in Annulment Case

Lawyer suspended two years for taking P57,000 in legal fees but failing to file annulment petition and refusing to return client's money.

Lawyer Suspended 3 Years for Neglect and Misappropriation of Client Funds

Supreme Court suspends lawyer for 3 years for failing to transfer client's property titles for 8 years and misusing P170,000 in client funds.

Clerk of Court Dismissed for Misappropriation of Court Funds

A clerk of court who failed to remit collections and submit reports was dismissed for gross dishonesty, grave misconduct, and gross neglect of duty.

Lawyer Suspended for Misappropriating Client Funds: Fiduciary Duty Breach

When a lawyer fails to return client money upon demand, the Supreme Court presumes misappropriation—a breach of fiduciary duty warranting suspension.

Estafa by Misappropriation: When a Consignment Deal Turns Criminal

The Supreme Court explains the elements of estafa under Article 315(1)(b) of the Revised Penal Code and how recanted testimony is treated.

Lawyer’s Neglect and Misappropriation of Client Funds: A Lesson in Professional Responsibility

When a lawyer fails to process a client’s title and keeps the fees, the Supreme Court steps in with suspension and restitution.

Partnership vs Estafa: When a Partner's Misappropriation Becomes a Crime

The Supreme Court clarifies when a partner's failure to account for funds crosses from civil liability to criminal estafa under Philippine law.

Court Employees' Misappropriation of Funds: Administrative Liability and Penalties

Explore the Supreme Court's ruling on court employees found guilty of dishonesty and grave misconduct for misappropriating judiciary funds.

Breach OF Trust Disbarment FOR Attorneys Misappropriation AND Deceit

Upholding Client Trust Attorney Disbarred FOR Unauthorized Compromise AND Misappropriation OF Funds

A lawyer who compromised a client's case without authority and misused funds for docket fees was disbarred by the Supreme Court.

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.

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.

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.

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.