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Showing 73–96 of 109 articles for “election protest”

Waiver in Election Protests: Demurrer to Evidence Implies Loss of Right to Present Own Evidence

Filing a demurrer to evidence in an election protest waives the protestee's right to present evidence, even if the demurrer is denied.

Valid Votes Are King: Why Philippine Election Protests Hinge on Ballots, Not Badges of Fraud

The Supreme Court nullified a trial court ruling that set aside valid vote tallies based on "badges of fraud," reaffirming that plurality of valid votes decides election contests.

Election Protest Dismissed: Filing Fees, Verification, and Forum Shopping Pitfalls in Philippine Courts

Supreme Court ruling on how unpaid filing fees, defective verification, and non-disclosure in forum shopping certification can doom an election protest.

Expediting Election Protests: The Ministerial Duty to Examine Ballots in Philippine Law

When election fraud is alleged, courts must immediately open ballot boxes and recount votes. Learn the rule from Miguel v. COMELEC.

Right to Photocopy Ballots in Philippine Election Protests: Due Process and Fair Elections

A look at the Supreme Court's ruling on a COMELEC order declaring a ghost precinct, and the due process rights of voters in election protests.

Protecting Electoral Integrity: When Delaying Tactics in Election Protests Fail

The Supreme Court rules that dilatory motions in election protests undermine the will of voters and will not be countenanced.

Ballot Interpretation Upholding Voter Intent in Philippine Elections

How the Supreme Court applied the neighborhood, idem sonans, and intent rules to uphold voter intent in a barangay election protest.

When RTCs Overstep Jurisdiction in Barangay Election Disputes

Supreme Court clarifies that only the COMELEC, not the RTC, may hear certiorari cases arising from barangay election protests.

Deadline Missed: Understanding Election Protest Filing Periods in the Philippines

The Supreme Court clarifies when the 10-day period to file an election protest is suspended, and when it is not.

Election Protest Deadlines: Why a Failure of Election Petition Won't Buy You More Time

Filing a failure of election petition does not suspend the 10-day period to file an election protest. Know the deadline rules.

Why Initial COMELEC Election Cases Must Be Decided by a Division, Not En Banc

Learn why the Supreme Court nullified a COMELEC en banc ruling in an SK election protest, citing the constitutional rule on divisions.

When Fraud in Election Returns Does Not Justify a Declaration of Failed Election

Philippine Supreme Court explains when election fraud warrants a failure of election declaration versus an election protest.

Filing Fees in Philippine Election Protests: Jurisdictional Rules and Timelines

Philippine election protest filing fees are jurisdictional. Late payment does not cure defects. Learn the rules and deadlines.

Comelec Jurisdiction in Election Protests: Ensuring Due Process in Philippine Election Appeals

The Supreme Court ruled that COMELEC en banc cannot decide election protests at first instance; only divisions have that authority.

Lost Your Election Case? Don't Miss the Appeal Deadline: The 5-Day Rule in Barangay Disputes

In barangay election protests, the appeal period to COMELEC is five days, not ten. Learn the rule from Antonio v. COMELEC.

Exhausting Administrative Remedies: A Key Principle in Philippine Labor Disputes

Why skipping the appeal to the Labor Secretary doomed a union's election protest before the Supreme Court.

Lost Your Election Protest? Understanding Pre-Proclamation Controversies in the Philippines

A Supreme Court ruling clarifies when election protests must be filed, and why pre-proclamation cases end after proclamation.

Execution Pending Appeal in Philippine Election Protests: When Can a Trial Court Still Act

The Supreme Court clarifies when a trial court may still order execution pending appeal in election protests, even after an opponent files a notice of appeal.

Election Protests Understanding Timelines AND Grounds FOR Recounts IN THE Philippines

Election Protests Ensuring Fair Canvassing AND Valid Proclamations

Philippine Supreme Court ruling on election protests, canvassing irregularities, and the validity of proclamations in electoral disputes.

Election Protests Understanding Demurrer to Evidence and Waiver of Rights in Philippine Law

Learn how filing a demurrer to evidence waives the right to present defense evidence, based on Philippine Supreme Court rulings.

Pre-Proclamation Disputes: When Election Cases End at the Start of Term

Learn how Philippine law terminates pre-proclamation cases at the start of term, and when the remedy shifts to an election protest.

Election Protests: The Strict Timeline for Filing Counterprotests in the Philippines

Understand the strict 5-day deadline for filing counterprotests in Philippine election cases, as clarified by the Supreme Court in Lim v. COMELEC.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Early

Learn when Philippine courts allow execution pending appeal in election protests, based on the Supreme Court's ruling in Lindo v. COMELEC.