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Showing 169–192 of 250 articles for “counsel”

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.

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.

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.

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.