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Showing 241–261 of 261 articles for “counsel”

Parental Rape in the Philippines: The Right to Counsel and the Death Penalty

When a father is accused of raping his daughter, the Supreme Court still requires effective counsel—explained in People v. Bermas.

Right to Counsel in Rape Cases: Supreme Court Orders New Trial for Ineffective Defense

Supreme Court remands rape case for new trial after counsel de officio failed to provide effective legal representation to the accused.

Missed Deadlines Dismissed Appeals Why Timely Filing Is Non-Negotiable in Philippine Courts

The Supreme Court affirms dismissal of an appeal for a late brief, underscoring that procedural deadlines bind both counsel and clients.

The Irrefutable Confession: How Counsel and Corroboration Cement Convictions in Philippine Courts

A counsel-assisted, voluntary confession carries strong weight in Philippine courts, especially when corroborated by independent evidence. This case explains why.

The Client Is Bound by Counsel's Negligence: Vicarious Liability in Philippine Law

Philippine Supreme Court ruling on when a client is bound by counsel's actions, including negligent mistakes, and the limits of that rule.

Admissibility of Confessions: Protecting Rights During Custodial Investigation in the Philippines

Philippine Supreme Court rules on when a confession obtained without counsel during custodial investigation is inadmissible in evidence.

Right to Counsel in Philippine Administrative Investigations: What You Need to Know

Learn when the right to counsel applies in Philippine administrative investigations, based on Supreme Court rulings and practical guidance.

Gross Negligence of Counsel: When It Nullifies a Judgment in the Philippines

Philippine Supreme Court explains when a lawyer's gross negligence can void a judgment, and why final judgments protect innocent buyers.

Custodial Investigation Protecting Your Right TO Counsel OF Choice

When Can a Client Be Excused From Counsel’s Negligence? A Philippine Case Analysis

Philippine Supreme Court ruling on whether a client may be excused from counsel's negligence, with practical guidance for litigants.

Due Process and the Day in Court: When a Party Is Denied Their Right to Be Heard

Explains when failure to attend trial or substitute counsel amounts to denial of due process, using Bernardo v. Court of Appeals.

Consequences of Negligence: How Ignoring Your Case Can Lead to Default Judgment

A party who abandons their case and loses contact with counsel cannot later claim denial of due process. Learn the rules.

Confessions and Constitutional Rights: Safeguarding the Accused in Custodial Investigations

Philippine Supreme Court ruling on inadmissible uncounselled confessions and the constitutional rights of persons under custodial investigation.

Admissibility of Extrajudicial Confessions: Safeguarding Rights in Philippine Criminal Law

The Supreme Court clarifies the four requirements for admissible extrajudicial confessions and what makes counsel "competent and independent" in custodial investigations.

Who Can Represent a Municipality in Court: The Ramos Doctrine on Unauthorized Counsel

Philippine law limits who may represent a municipality in lawsuits. Learn the rules, exceptions, and effects of unauthorized private counsel appearances.

Who Can Represent a Philippine Municipality in Court: Legal Representation Rules

Explains who may legally represent a municipality in Philippine courts, the effect of unauthorized counsel, and when proceedings may be adopted.

Independent Counsel Safeguarding Rights In Philippine Custodial Investigations

The Supreme Court acquits two accused whose confessions were taken with the help of an NBI job applicant, not independent counsel.

Gross Negligence of Counsel: When Can a Client Get a New Trial in the Philippines?

When a lawyer's repeated absences prevent a client from presenting defense evidence, the Supreme Court may order a new trial to protect due process.

Admissibility of Confessions: When Can Your Words Be Used Against You

The Supreme Court explains when extrajudicial confessions are admissible, the right to counsel, and waiver rules under the 1987 Constitution.

Custodial Investigation in the Philippines: Rights and the Admissibility of Confessions

An extrajudicial confession is worthless without proof of effective counsel, but the Supreme Court still affirmed a murder conviction on eyewitness evidence.

Navigating Annulment in the Philippines: Due Process, Collusion, and the Role of Legal Counsel

The Tuason case clarifies due process, counsel's negligence, and the state's role in Philippine annulment proceedings.