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Showing 193–216 of 250 articles for “counsel”

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.

Attorney Accountability: The Duty of Candor and Knowledge in Legal Practice

A lawyer cited an inexistent Supreme Court circular to defend a drug case client. The Court held him in contempt, reaffirming counsel's duty of candor and diligence.

Notice to Counsel Counts for Appeal Deadlines in NLRC Cases

Supreme Court rules that receipt of NLRC resolution by counsel, not the party, starts the 60-day period for filing certiorari with the Court of Appeals.

When Counsel's Negligence Binds the Client: Due Process Limits in Appeals

Philippine Supreme Court ruling on when a lawyer's failure to file an appellant's brief justifies dismissal of an appeal and binds the client.

The Perils of Compromise When Legal Counsel Exceeds Authority in Criminal Cases

Learn how defective pretrial notice can void default judgments and why counsel's authority to compromise has strict limits.

Due Process in Custodial Investigation: When Lack of Counsel Does Not Void a Conviction

A conviction based on eyewitness testimony stands even if custodial rights were violated, as no confession was obtained.

Defective Notice of Appeal and Due Process: Lessons from Fajardo v. Court of Appeals

A defective motion without notice of hearing is a scrap of paper; appeal period runs from counsel's receipt of judgment.

Safeguarding Confessions: The Right to Competent Counsel in Custodial Investigations

A suspect's confession is inadmissible without effective, independent counsel during custodial investigation. The Supreme Court explains why in People v. Patungan.

Safeguarding Your Appeal: Due Process and Lawyer Negligence in Philippine Courts

When a lawyer's mistakes cost a client her case, can the judgment be annulled? The Supreme Court explains the limits of extrinsic fraud and counsel negligence.

Confessions and Counsel: Safeguarding Rights in Robbery With Homicide Cases

The Supreme Court clarifies when an extrajudicial confession is valid and how the right to counsel is protected in robbery with homicide prosecutions.

Upholding Procedural Rules: The Duty to Monitor Appeal Status and Retroactivity of Court Rules

The Supreme Court affirms that procedural rules apply retroactively and that counsel must monitor appeal status, even under old rules.

Missed Deadlines Dismissed Appeals Understanding Docket Fees AND Counsels Duty IN Philippine Courts

Learn how unpaid docket fees and counsel's negligence can get an appeal dismissed, based on a Philippine Supreme Court ruling.