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Showing 97–120 of 261 articles for “counsel”

Counsel's Negligence and Missed Appeal Deadlines: When Excuses Fail in Philippine Courts

Philippine Supreme Court clarifies when a lawyer's negligence excuses a missed appeal deadline, and when clients remain bound by counsel's mistakes.

Dishonesty in Public Service: The Cost of Misrepresentation and the Limits of the Right to Counsel

A Supreme Court ruling shows how dishonesty in securing civil service eligibility leads to dismissal, and why the right to counsel does not apply in administrative probes.

Authority to Represent: The Limits of Legal Representation for Government-Owned Corporations

A Supreme Court ruling clarifies when lawyers may appear for GOCCs, requiring OGCC and COA approval before private counsel can act.

Client’s Right to Terminate Counsel and Withdraw Appeal: Bautista v. Seraph Management

Supreme Court affirms a client’s absolute right to fire counsel and withdraw an appeal, even if the lawyer doubts the client’s decision.

When a Client Relieves Counsel: Withdrawal of Appeal and Compromise Agreements

A look at Bautista v. Seraph Management Group, Inc. on withdrawal of appeals, relieving counsel, and the validity of compromise agreements.

Confessions to Barangay Peacekeepers Without Counsel Are Inadmissible Evidence

The Supreme Court rules that uncounselled confessions to bantay bayan members are inadmissible in evidence, but a rape conviction can still stand on other proof.

When Notice to Counsel Binds the Client: Due Process in Philippine Administrative Law

A Supreme Court ruling explains why notice to a deputized counsel binds the government client, and what this means for due process and finality of judgments.

Attorney Authority and Due Process After a Client's Death: Protecting Heirs' Rights

When a client dies mid-case, counsel's authority and the heirs' right to due process must be protected. The Supreme Court clarifies the rules.

The Binding Nature of Counsel's Negligence: Upholding Procedural Rules in Labor Appeals

Explore how the Supreme Court addressed appeal bond requirements and procedural rules in labor cases, balancing technicalities with substantial justice.

Judicial Impartiality When Prior Counsel Relationships Challenge Judicial Objectivity

When a judge's prior counsel relationship raises bias questions, the Supreme Court clarifies what evidence proves partiality in Malabed v. Asis.

Valid Service of Summons: Refusal to Sign Does Not Defeat Jurisdiction

When a defendant's counsel receives and reads summons at the defendant's instruction, service is valid even if they refuse to sign.

Judicial Overreach Defining THE Limits OF Contempt Power IN THE Philippines

A voluntary arbitrator's dual role as counsel and his unauthorized hold-departure order led to a two-year suspension—a lesson on judicial limits.

When Counsel's Gross Negligence Can Win a Client a New Trial

The Supreme Court explains when a lawyer's gross negligence deprives a client of due process and justifies a new trial.

Laches and Diligence: The Duty to Prosecute Appeals in Philippine Courts

Philippine Supreme Court ruling on dismissing appeals for failure to file briefs, and the duty of counsel to prosecute appeals diligently.

Strict Deadlines for Appeal Memoranda: Mejillano v. Lucillo and the Limits of Liberal Construction

The Supreme Court in Mejillano v. Lucillo affirms that failure to file an appeal memorandum on time is fatal, even where the appellant pleads ignorance or counsel's death.

When Attorney Negligence Binds the Client: Appeal Deadlines and the Limits of Leniency

A missed appeal memorandum deadline cost respondents their case. The Supreme Court clarifies when counsel's negligence binds the client and when exceptions apply.

When a Counsel's Negligence Endangers Property: Balancing Technical Rules and Substantive Justice

A Supreme Court ruling shows that procedural lapses in an appellant's brief may be excused, but a drugstore's negligent dispensing of medicine still invites liability.

City Prosecutors Must Represent Local Governments: Urdaneta City Case on Private Counsel Ban

Supreme Court rules city prosecutors must represent local governments in civil cases, barring private counsel in Urdaneta dispute.

Motion Denied: Why a Defective Notice Dooms an Appeal in Philippine Courts

Learn how defective verification, missing proof of authority, and improper counsel representation can derail appeals in Philippine courts.

When Lawyers Cite Cases That Do Not Exist: G.R. No. 276106 and the Duty of Candor

The Supreme Court denied a labor petition and ordered an investigation of counsel who cited eighteen decisions that were nonexistent, misquoted, or ruled against his client.

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Compromise Agreements in Labor Disputes: When Settlements Are Final and Binding

Philippine Supreme Court ruling on enforceability of compromise agreements in labor cases, even without counsel present, and limits on lawyer's authority.

Illegal Dismissal: Employer's Burden to Prove Just Cause and the Finality of Judgments

A look at Pasiona v. CA, where the Supreme Court ruled on illegal dismissal, just cause, and the binding effect of counsel's negligence.

Finality of Judgment: When a Lawyer's Negligence Does Not Deny Due Process

A dismissed employee's late appeal fails as the Supreme Court upholds finality of judgment despite counsel's negligence.