Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Showing 97120 of 227 articles for election

Dual Citizenship and Elective Office: The Imperative of Sworn Renunciation in Philippine Law

Philippine law requires dual citizens seeking elective office to execute a personal and sworn renunciation of foreign citizenship. The Supreme Court explains why.

NEA Supervisory Power Prevails in Resolving Electric Cooperative Disputes

Supreme Court rules NEA has primary jurisdiction over electric cooperative board disputes, not regular courts.

Quorum Quandaries: When Does a Presiding Officer Count in Local Governance

The Supreme Court clarifies when a vice-mayor counts for quorum in local sanggunian sessions under the Local Government Code.

Finality of Judgments: Why Second Motions for Reconsideration Are Not Allowed in Philippine Courts

Philippine courts generally bar second motions for reconsideration. Learn the rule, its exceptions, and why finality matters.

Employer’s Subsidiary Liability for Employee Crimes: The Calang Ruling

Employers are only subsidiarily liable for employees’ criminal acts. The Calang ruling explains when and how this liability applies.

Citizenship Disputes and Electoral Timelines: Gonzalez v. COMELEC on Disqualification Petitions

The Supreme Court clarifies the distinction between disqualification and cancellation of COC petitions, and the strict 25-day filing period under the election code.

Piercing the Corporate Veil: When Parent Companies Face Liability for Labor Violations

Philippine Supreme Court ruling on when parent companies can be held liable for subsidiaries' labor violations, explained for employees and businesses.

HRET Jurisdiction Over Party List Nominees Ensuring Constitutional Qualifications for House Membership

Supreme Court ruling on COMELEC jurisdiction over party-list nominee qualifications and the continuing residency requirement for elective office.

Homeowners Associations vs Non-Members: HLURB Jurisdiction and CMP Benefits

When can a homeowners association evict non-members from CMP land? The Supreme Court clarifies HLURB jurisdiction in Eugenio v. Sta. Monica Riverside Homeowners Association.

Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations

A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.

When Election Returns Override Ballots in Philippine Election Protests

Philippine Supreme Court explains when election returns may be used instead of ballots in determining election protest winners.

Res Judicata and Final Judgments: What Torres v. Medina Means for Litigants

The Supreme Court explains when a final judgment bars a new lawsuit, using a foreclosure dispute to illustrate res judicata's elements and limits.

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

Party Expulsions and Due Process: When Can a Political Party Remove Members

The Supreme Court clarifies that political party expulsions are internal matters, not subject to constitutional due process requirements.

Integrity of Ballots vs Election Returns: Safeguarding the Electoral Process

Explaining Varias v. COMELEC on when ballots may override election returns in Philippine election contests.

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Residency Requirements for Philippine Elections: Establishing Domicile for Candidacy

Philippine election law equates residency with domicile. Learn the three rules and what it takes to change domicile for candidacy.

Minor Defects in Election Returns Do Not Justify Exclusion from Canvass

The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Residency vs. Domicile in Philippine Elections: The Pundaodaya Ruling

The Supreme Court clarifies that voter registration and property ownership do not prove election residency, which legally means domicile.

Probate Appeals and Executor Disqualification: Lessons from the Marcos Estate Case

The Supreme Court clarifies appeal rules in probate cases and when a criminal conviction disqualifies an executor for moral turpitude.

Mootness in Election Contests: When Expiration of Term Ends the Legal Fight

Expiration of an elective office's term can render an election contest moot. Learn the rule from Baldo v. COMELEC.

U-Turn Negligence: When a Sudden Maneuver Establishes Fault in Vehicle Collisions

A sudden U-turn without signal lights can establish negligence and proximate cause in a vehicle collision, making the driver and employer liable for damages.

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.