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Showing 121–144 of 261 articles for “counsel”

Right to Counsel in Criminal Appeals: Due Process Beyond the Trial Court

The Supreme Court rules that the right to counsel extends to appeals, and gross lawyer negligence can excuse a missed appeal.

Dismissal of Appeal, Counsel's Negligence, and the Duty to Uphold Procedural Rules

The Supreme Court clarifies when a counsel's negligence may excuse a late appeal and when courts must relax procedural rules.

Finality of Judgments, Due Process, and Counsel's Negligence in Contract Rescission

A Supreme Court ruling on finality of judgments, due process, and counsel's negligence in a construction contract rescission case.

Tax Refunds for International Carriers: Who Really Owns the Claim?

A look at Silkair v. CIR on excise tax refunds, indirect taxes, and the strict rules on counsel of record.

Duty to Inform Counsels Negligence and Finality of Judgments in Construction Disputes

Learn how a counsel's failure to report a change of address can bind clients and make a Court of Appeals decision final and executory.

When Appeals Should Not Be Dismissed: Protecting Rights of Appellants With Counsel de Oficio

The Supreme Court clarifies when the Court of Appeals may dismiss an appeal for failure to file a brief, protecting indigent appellants.

The Binding Nature of Counsel's Negligence: Implications for Litigants

Explore how counsel's negligence binds clients in Philippine litigation, based on the Supreme Court's ruling in Gulmatico v. People.

Client Bound by Counsel's Negligence: Lessons from a Philippine Attorney Ethics Case

A Supreme Court ruling on how a lawyer's failure to update addresses and clients' duty to monitor cases affect finality of judgments.

Ejectment and Sublease Violations: Service of Notices and Counsel of Record Rules

Learn how the Supreme Court ruled on ejectment, sublease prohibitions, and why notices must be served on counsel of record in Philippine cases.

Candor and Fairness: A Lawyer's Duty to the Court and Fellow Counsel

A lawyer's entry of appearance must be candid and accurate. Learn the ethics rules from this Philippine Supreme Court ruling.

When Counsel's Negligence Binds the Client: Lessons from Pfizer v. Galan

A 2007 Supreme Court ruling clarifies when a lawyer's procedural lapse binds the client in labor disputes and when courts may relax the rules.

Forum Shopping and Government Counsel: Land Bank v. Martinez

A look at Land Bank v. Martinez on forum shopping, the OGCC's role as principal counsel for GOCCs, and finality of DARAB decisions.

Binding Counsel's Negligence: Finality of Judgments and Limits to Annulment

A client is bound by counsel's negligence, and a final judgment cannot be attacked through annulment when other remedies were available.

Upholding Final Judgments: The Limits of Annulment Based on Negligence

The Supreme Court clarifies that Rule 47 annulment of judgment does not apply to criminal cases, and counsel's negligence is not extrinsic fraud.

Counsel Negligence vs Extrinsic Fraud: Protecting Rights in Philippine Criminal Proceedings

Supreme Court clarifies when a lawyer's negligence amounts to extrinsic fraud in criminal cases, and why annulment of judgment is not available.

Dismissal of Appeal, Untenable Excuses, and the Boundaries of Judicial Discretion

When a lawyer's mistake costs a client the case, the Supreme Court explains the limits of relief from judgment and counsel's negligence.

Counsel's Negligence and Due Process: When Does It Warrant a New Trial

The Supreme Court explains when a lawyer's negligence justifies a new trial and when it does not, in Elpidio S. Uy v. First Metro Integrated Steel Corp.

Due Process and Preliminary Investigations: Balancing Rights in Philippine Law

Learn how the Supreme Court protects due process rights in Philippine litigation, including the duty to serve pleadings on counsel of record.

Missed Deadlines Lost Refunds: The Importance of Timely Filing in Tax Disputes

A Supreme Court ruling underscores that missed deadlines and counsel's negligence can bar tax refund claims, emphasizing the finality of judgments.

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

The Signature Imperative: Why Unsigned Pleadings Fail in Philippine Courts

Philippine courts require pleadings signed by counsel or party. Learn why an answer signed by an unauthorized person is void and triggers default.

Forum Shopping and Mootness in Intra-Corporate Disputes: The Huibonhoa Case

The Supreme Court clarifies forum shopping tests and mootness doctrine in intra-corporate disputes, offering practical guidance for litigants and counsel.

Negligence and the Binding Nature of Counsel's Errors: Understanding the Basuel v. FFIB Ruling

Learn why the Supreme Court dismissed a petition for certiorari, emphasizing that counsel's negligence and errors of judgment are not grounds for this remedy.

Right to Present Evidence Ensures Fair Trial Despite Counsel's Absence

Supreme Court rules that a client's right to present evidence cannot be sacrificed due to counsel's absence, ensuring fair trial.