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.

Showing 124 of 29 articles for theft

Estate Tax in the Philippines: A Practical Guide for Heirs and Beneficiaries

Learn the Philippine estate tax rules: the 6% rate, deductions, filing deadlines, exemptions, and penalties under the TRAIN Law.

Qualified Theft vs. Simple Theft: When Does Grave Abuse of Confidence Apply?

The Supreme Court clarifies when employee theft becomes qualified theft, requiring proof of special trust beyond ordinary employer-employee relations.

Enforced Disappearance and the Writ of Amparo: What the Tayo Ruling Means

The Supreme Court reaffirms the Writ of Amparo as a remedy for enforced disappearance, holding police accountable for failing to investigate.

Using an Alias in the Philippines: When It Becomes a Crime and the Pequero Case

Using a name different from your registered birth name can be a crime. Learn the rules, penalties, and lessons from a recent Supreme Court ruling.

Estafa Acquittal: Why a Faulty Information Violates Due Process in the Philippines

A flawed information can lead to acquittal in estafa cases. Learn how the right to be informed shapes criminal due process in the Philippines.

Theft vs. Robbery in the Philippines: The Element of Force Explained

Understand the difference between theft and robbery under Philippine law, and how the element of force affects criminal liability and penalties.

Intent to Gain in Theft Cases: Good Faith Ownership Claims Under Philippine Law

Philippine theft law requires intent to gain. Learn how a good faith belief in ownership can defeat criminal charges, citing Amarille v. People.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Theft vs. Estafa in the Philippines: Key Distinctions and the Horca Case

Theft and estafa differ in possession and deceit. The Horca ruling shows why the distinction matters and how acquittal can still leave civil liability.

Security Guard Negligence and Damnum Absque Injuria: Lessons from a Philippine Supreme Court Ruling

A Supreme Court ruling on security agency liability, negligence, and the principle of damnum absque injuria, explained for property owners and agencies.

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.

Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines

Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.

Reasonable Doubt in Qualified Theft: When Missing Proof Means Acquittal

A look at how the Supreme Court acquitted an accounting-in-charge of qualified theft when the prosecution failed to prove taking and intent.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

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.

Hotel Liability for Lost Vehicles: Necessary Deposits Under Philippine Law

When a hotel valet loses a guest's vehicle, who pays? Philippine law on necessary deposits and the Durban Apartments ruling explain.

Loafing in the Workplace: Philippine Law, Penalties, and the Fortaleza Case

Learn what constitutes loafing under Philippine law, its penalties for government employees, and key lessons from a Supreme Court ruling.

When a Dishonored Check Cannot Be Theft: The Impossible Crime Doctrine in the Philippines

Can a worthless check be the object of theft? The Supreme Court explains the impossible crime doctrine and why intent alone is not enough.

Theft vs. Estafa: When Misusing Entrusted Funds Becomes Theft in the Philippines

Philippine Supreme Court clarifies when misappropriating funds received for a specific purpose constitutes theft rather than estafa.

Good Faith as a Defense in Philippine Election Offenses: The Garcia Case

When can good faith excuse an election officer's error? The Garcia ruling explains intent in vote canvassing offenses under RA 6646.

Certificate of Registration vs. Prior Title Claims: The Amante v. Serwelas Ruling on Vehicle Ownership

The Supreme Court in Amante v. Serwelas affirmed that a certificate of registration creates a strong presumption of ownership in property disputes.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

Baseless Administrative Complaints Against Judges: Lessons from Manahon v. Judge Tan

The Supreme Court dismissed a baseless administrative complaint against a judge, reinforcing that substantial evidence is required and frivolous charges will be reprimanded.

Credit Card Fraud Liability in the Philippines: What Ermitaño v. BPI Means for Cardholders

Philippine Supreme Court ruling on credit card fraud liability: cardholders who promptly report lost cards aren't liable for unauthorized charges.