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Showing 124 of 37 articles for trust receipt

Trust Receipts and Estafa: Upholding Criminal Liability for Breach of Trust

Supreme Court clarifies that failure to turn over goods or proceeds under trust receipts is estafa under PD 115, not mere civil liability.

Trust Receipts and Criminal Liability: When a Loan Becomes Estafa Under PD 115

The Supreme Court clarifies when a trust receipt transaction creates criminal liability for estafa, not just civil liability, under PD 115.

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

Understanding Estafa in Trust Receipt Transactions: Key Lessons from Barlin v. People

Learn how the Supreme Court applied estafa under Article 315(1)(b) to trust receipt violations, and what businesses should know.

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.

Trust Receipts Law: Corporate Officers' Liability and Due Diligence in Criminal Demurrers

When a demurrer to evidence is granted in a trust receipts case, private complainants may still question the civil aspect via certiorari.

Trust Receipt Breach: When Failure to Deliver Constitutes Estafa in the Philippines

Explore when failure to deliver under a trust receipt agreement constitutes estafa, based on a 2018 Philippine Supreme Court ruling.

Estafa Under Trust Receipt Agreements: The Osental Case and PD 115

Failure to comply with a trust receipt agreement can lead to estafa charges. Learn the rules from the Osental case.

Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights

Supreme Court clarifies when trust receipt violations justify preliminary attachment, protecting creditors from fraudulent debtors.

When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases

The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.

Trust Receipts vs Loans: When Intent Defines the Contract

Supreme Court clarifies when a trust receipt is really a loan, acquitting a corporate officer of estafa under PD 115.

Trust Receipt vs. Loan: When a Security Agreement Becomes a Debt

Philippine Supreme Court ruling clarifies when a trust receipt arrangement is actually a loan, affecting liability and criminal exposure.

Piercing THE Corporate Veil Clarifying Personal Liability IN Trust Receipt Agreements

When Can't a Party Change Legal Strategy on Appeal: Crisologo v. People

Supreme Court clarifies when corporate officers can be held personally liable on trust receipts, and the limits of changing legal theories on appeal.

Trust Receipts vs Ordinary Loans: When Debt Restructuring Does Not Erase Criminal Liability

Philippine National Bank v. Soriano clarifies when restructuring a trust receipt loan does not extinguish criminal liability for estafa under PD 115.

Trust Receipts vs Loans: Distinguishing Obligations in Philippine Law

Philippine Supreme Court clarifies the distinction between trust receipts and loan obligations, and the legal consequences for banks and borrowers.

Trust Receipts vs Loan Agreements: When Misuse of Funds Is Not Estafa

The Supreme Court clarifies when a trust receipt arrangement is actually a simple loan, and why criminal liability for estafa does not follow.

Trust Receipts and Estafa: What Philippine Businesses Should Know

Supreme Court clarifies probable cause standards in trust receipt violations under PD 115, safeguarding financial transactions in the Philippines.

Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa

The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.

Trust Receipts AND Estafa When Does Failure TO PAY Constitute Criminal Liability

Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?

Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.

Trust Receipts and Personal Guarantees: When Corporate Officers Are Personally Liable

Corporate officers who sign trust receipts may face personal liability. The Supreme Court clarifies when a signature creates a guarantee.

Trust Receipts Entrusters Right TO Deficiency Claim After Repossession AND Sale

Trust Receipts Law Liability: When Agents Face Estafa Charges

Learn when corporate agents can face criminal liability for estafa under the Trust Receipts Law, based on the Supreme Court's ruling in Ong v. Court of Appeals.