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Showing 193–216 of 261 articles for “counsel”

Professional Courtesy Among Lawyers: The Imperative of Civility and Ethical Conduct

A lawyer's suspension for impleading opposing counsel and a prosecutor in a civil case illustrates the ethical duty of professional courtesy.

Landlord Rights Prevail Recovering Possession Despite Ownership Claims

Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.

Service of Court Decisions: When Notice to a Party Trumps Notice to Counsel

Philippine Commercial International Bank v. Court of Appeals clarifies when service of a CIAC decision on a party, not counsel, starts the appeal period.

Right to Counsel and Due Process: The High Cost of Delay in Drug Offenses

A Supreme Court ruling shows how procedural lapses and missing evidence can unravel drug convictions, underscoring the need for airtight cases.

When a Pro Se Appeal Fails: Counsel of Record and Docket Fees in Philippine Appeals

A party who appeals without counsel may still be bound by notices sent to the counsel of record, and unpaid docket fees can prove fatal to the appeal.

Impartiality Imperative Ensuring Fair Adjudication Through Judicial Conduct

A municipal judge's dismissal of criminal cases due to counsel's absence constitutes gross ignorance of the law, underscoring judicial competence.

When Counsel Dies: Attorney-Client Obligations and Appellate Deadlines in Amatorio v. People

The death of counsel does not excuse missed appellate deadlines. Amatorio v. People clarifies the binding effect of notices sent to law firms.

Balancing Justice AND Procedure When Strict Rules Give WAY

When a counsel's negligence threatens a client's appeal, the Supreme Court shows when strict procedural rules yield to substantial justice.

Uncounseled Confessions and the Right to Silence: Protecting Due Process in Philippine Criminal Law

The Supreme Court clarifies when uncounseled confessions are inadmissible and why timely objections matter in Philippine criminal procedure.

Certifying Non-Forum Shopping: The Personal Signature Requirement in Philippine Courts

The Supreme Court clarifies that a certificate of non-forum shopping must be personally signed by the party, not just counsel, or the case faces dismissal.

Safeguarding Confessions: The Right to Competent Counsel in Philippine Law

A confession is inadmissible if the accused lacked truly competent, independent counsel during custodial investigation.

Confessions and Constitutional Rights: Safeguarding Justice in Custodial Investigations

The Supreme Court acquits an accused in a rape-homicide case, ruling that confessions obtained without counsel and circumstantial evidence are insufficient for conviction.

Independent Counsel Requirement in Custodial Investigation: The Velarde Case

A mayor acting as counsel during custodial investigation is not independent, making confessions inadmissible and leading to acquittal.

Dismissal for Failure to File Brief: Procedural Rules Bind Litigants in Philippine Courts

Philippine Supreme Court upholds dismissal of appeal for failure to file brief on time, affirming that negligence of counsel binds the client.

Lawyer's Missed Deadline Leads to Reprimand: Lessons on Diligence and Client Rights

When a lawyer's missed filing deadline costs a client his case, the Supreme Court explains the limits of excusable negligence and counsel's duty of diligence.

Forum Shopping and Certification Requirements: Ensuring Veracity in Pleadings

The Supreme Court clarifies that only parties, not retained counsel, may sign the certification against forum shopping, and explains litis pendentia rules.

Confessions and Constitutional Rights: Ensuring Voluntariness and Competent Counsel in Philippine Law

A Supreme Court ruling on when extrajudicial confessions are admissible, focusing on voluntariness and the right to competent and independent counsel.

Gross Negligence of Counsel Reopening Cases for Fair Trial

When a lawyer's gross negligence deprives a client of a fair trial, courts may reopen the case to serve justice.

Judicial Accountability Negligence and the Standard of Care for Judges in Approving Court Documents

The Supreme Court reminds judges that approving court documents demands diligence, not mere reliance on counsel.

Safeguarding Confessions: Independent Counsel and Admissibility in Philippine Criminal Law

The Supreme Court clarifies when extrajudicial confessions are inadmissible for lack of competent and independent counsel during custodial investigation.

Right to Counsel and Fair Arraignment in Capital Offenses: Lessons from People v. Aranzado

The Supreme Court reminds trial courts that a guilty plea in capital cases demands a searching inquiry and genuine counsel.

Cancellation of Bail: Absence of Counsel Is Not a Ground for Detention

Philippine Supreme Court rules that a judge cannot cancel bail or order detention solely because the accused's counsel failed to appear at a hearing.

Judicial Duty vs Oversight: When a Judge's Negligence Impacts Justice

A Supreme Court ruling on when a client bears the consequences of counsel's negligence, and the strict deadlines for relief from judgment.

Beyond the Grave: Enforcing Partnership Rights After Death

A bus company's counsel failed to appear, leading to default judgment. The Supreme Court denies relief, affirming the finality of judgments.