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Showing 169–192 of 261 articles for “counsel”

Proper Service of Notices to Counsel: A Due Process Requirement in Philippine Litigation

A notice sent to the wrong person is no notice at all. The Supreme Court explains why service to counsel matters.

Dismissal of Appeal Due to Attorney Negligence: Balancing Client Rights and Procedural Rules

The Supreme Court rules that counsel's negligence binds the client, and litigants must actively monitor case progress.

Victory Liner Liability: Breach of Contract of Carriage and Passenger Safety

Supreme Court ruling on common carrier liability for passenger death, negligence of counsel, and damages in breach of contract of carriage.

Accountability FOR Counsels Negligence When Does IT Void A Court Decision

Judicial Misconduct When Orders Reflect Bias AND Compromise Impartiality

Supreme Court fines judge for gross ignorance, grave misconduct, and bias in issuing irregular orders favoring a party's counsel.

Negligence of Counsel: When It Justifies Relief From Judgment

When does a lawyer's mistake excuse a client from an adverse ruling? Philippine courts balance diligence and fairness.

When a Lawyer's Negligence Binds the Client: The Barza v. Dinglasan Ruling

The Supreme Court held that a client is bound by counsel's mistakes unless the negligence is so gross it deprives the client of the day in court.

Dismissal of Appeal: Client Bound by Counsel’s Negligence and Failure to Comply with Procedural Rules

When a lawyer’s negligence causes a missed appeal deadline, the client is still bound. Learn the rules and exceptions.

Disbarment for Legal Counsels Dishonest and Unlawful Conduct

A lawyer's duty to hold client funds in trust, and the consequences of misappropriation after a client's death.

Service of Court Decisions on Government Entities: The Lead Counsel Rule Explained

When must court decisions be served on a government agency's lead counsel? The Supreme Court clarifies service rules and appeal periods.

When a Barangay Captain Cannot Be Independent Counsel: Extrajudicial Confessions and the Constitution

A barangay captain who is a lawyer cannot act as independent counsel for a suspect. The Supreme Court explains why the confession was inadmissible.

Perils of Independent Action: Why Government Agencies Must Heed Legal Counsel

A Supreme Court ruling reminds government agencies that the Solicitor General is their counsel of record, and that ignoring counsel can cost them their case entirely.

When a Criminal Case Is Acquitted, the Bail Issue Becomes Moot: Lessons from Poblete v. Court of Appeals

The Supreme Court explains why an acquittal renders a pending bail dispute moot and academic, with practical lessons for litigants and counsel.

When Circumstantial Evidence Fails: The Ador Case and the Presumption of Innocence

The Supreme Court's ruling in People v. Ador shows how weak circumstantial evidence, flawed identification, and uncounseled admissions cannot overcome the presumption of innocence.

Confession Under Duress: Safeguarding Constitutional Rights in Custodial Investigations

When a confession is extracted through violence or without proper counsel, it is inadmissible. The Supreme Court explains why.

Confession Without Counsel Inadmissibility AND Protection OF Constitutional Rights IN Theft Cases

Supreme Court acquits four in qualified theft case after ruling that confessions taken without effective counsel and evidence from an unlawful arrest are inadmissible.

Due Process in Arraignment: The Right to Counsel and Valid Pleas in Philippine Courts

When a judge rushes an arraignment without counsel, the guilty plea is void. This case explains the mandatory rules.

Right TO Counsel AND DUE Process Ensuring A Fair Trial IN Criminal Cases

Dismissal of Appeal, Counsel's Negligence, and the Right to Be Heard

The Supreme Court reinstated an arson convict's appeal after his lawyer withdrew without notice, ruling that procedural rules must yield to substantial justice.

Confessions and Counsel: Protecting Rights During Custodial Investigation

A Supreme Court ruling shows why a confession obtained without truly effective counsel is inadmissible, and what this means for suspects and police.

When a Lawyer's Error Binds a Client: The Doctrine of Negligence in Philippine Litigation

Explore how the Supreme Court holds clients bound by their counsel's mistakes, and when courts may grant relief from a lawyer's negligence.

Buy-Bust Operations and Fair Representation: Ensuring Due Process for the Accused

Philippine Supreme Court ruling on buy-bust operations, the right to counsel, and due process protections for accused persons in drug cases.

When a Rape Conviction Is Set Aside: The Right to Counsel and Clear Judicial Decisions

The Supreme Court nullified a rape conviction because the trial court's decision lacked factual and legal basis, and the accused was deprived of effective counsel.

Due Process, Right to Counsel, and Judicial Duty in Philippine Civil Proceedings

The Supreme Court clarifies due process, counsel of record rules, and forum shopping in PCIB v. Court of Appeals.