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Showing 97–120 of 250 articles for “counsel”

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.

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.

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.

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.

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.

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.

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.