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Showing 1–24 of 53 articles for “restitution”

Graft and Corruption: Navigating Good Faith in Philippine Government Contracts

The Supreme Court acquits engineers of graft for lack of evident bad faith, but orders restitution for a phantom fence project.

Balancing Justice and Compassion: When Can Attorney Sanctions Be Reduced

A lawyer’s sincere remorse and restitution can reduce a suspension, but not erase the wrong done to the profession.

Judicial Clemency Denied But Restitution Waived After Court Employee's Death

Supreme Court denies judicial clemency to guilty court clerk but waives unpaid restitution after death, applying compassionate justice.

Compassionate Justice VS Accountability When CAN Courts Waive Restitution

Deceptive Promises Convicting Illegal Recruiters AND Ensuring Restitution FOR Victims OF Estafa

Learn how the Supreme Court upheld convictions for syndicated illegal recruitment and estafa, ensuring victims receive full restitution with interest.

Non-Remittance of Judiciary Funds: Accountability and Consequences for Clerks of Court

The Supreme Court clarifies that clerks of court face administrative liability for unremitted judiciary funds, even after full restitution, in a recent ruling.

Contract Rescission in the Philippines: When Forfeiture Clauses and Mutual Restitution Apply

Philippine Supreme Court clarifies when forfeiture clauses survive contract rescission and when mutual restitution applies under Article 1191.

Lawyer Misconduct: The Duty to Return Client Funds in the Philippines

When a lawyer fails to render service and keeps client money, the Supreme Court imposes suspension and restitution. Learn the rules.

Sugar Restitution Absence of Funds and Government's Obligation to Sugar Producers

Explore the Supreme Court's ruling on sugar restitution when funds are absent, and the government's duty to sugar producers under Philippine law.

Rectifying Dispositive Errors Ensuring Restitution IN Legal Malpractice Cases

The Supreme Court clarifies when insurers may rescind for concealment versus false representation, and the evidentiary standards for fraud.

Mitigating Penalties in Administrative Cases: Balancing Justice and Human Considerations

The Supreme Court explains when mitigating circumstances like length of service, remorse, and restitution can reduce administrative penalties.

Dismissal for Dishonesty and Grave Misconduct: Clerk of Court's Breach of Trust Over Court Funds

A clerk of court who failed to deposit court collections daily was dismissed for dishonesty and grave misconduct, even after full restitution.

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.

COA Disallowance of Irregular Government Funds: Good Faith Restitution Rule Explained

Supreme Court rules on COA disallowance of DBP car subsidy, clarifying when good faith excuses refund of disallowed government benefits.

Breach of Trust Accountability for Delayed Remittance of Court Funds

Court personnel who delay remitting collected funds face administrative liability, even after full restitution and retirement.

Supervening Events and Restitution: When Final Judgments Can Be Overturned

Philippine Supreme Court ruling on when supervening events justify setting aside final judgments and ordering restitution of executed amounts.

Dismissal of Clerk of Court for Gross Neglect, Grave Misconduct, and Serious Dishonesty in Handling Judiciary

Supreme Court dismisses a clerk of court who failed to remit judiciary collections and submit financial reports, ruling that restitution does not erase administrative liability.

Rescission of Contracts in Philippine Law: The Wellex v. U-Land Case

Learn how Philippine courts handle rescission of contracts through the Wellex v. U-Land case, including fraud, breach, and restitution obligations.

Unjust Enrichment When A Failed Contract Requires Restitution

When a promised subcontract falls through, can the money paid be recovered? The Supreme Court explains unjust enrichment and restitution.

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.

Restitution After Judgment Modification: Fairness in Executed Judgments

When the Supreme Court reduces damages after properties have been sold at execution, how are parties made whole? The Eserjose case explains restitution rules.

Disbarred Lawyer's Finality Defense Fails: Contempt and Execution in Bihag v. Era

Supreme Court denies disbarred lawyer's bid to reopen final judgment, cites contempt and orders execution of PHP 4.1M restitution.

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

Dishonesty in Public Service: Forgery and the Erosion of Trust in the Judiciary

A clerk of court who falsified deposit slips and misused judiciary funds was dismissed. The Supreme Court explains why restitution and remorse cannot erase grave dishonesty.