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 121144 of 173 articles for commission on elections

Failure of Elections vs Election Protests: Defining COMELEC's Jurisdiction After Proclamation

The Supreme Court clarifies when a failure of election petition is proper and when the remedy should be an election protest after proclamation.

Jurisdictional Boundaries Ensuring Proper Venue IN Philippine Election Disputes

Philippine election disputes require strict adherence to jurisdictional rules; this case clarifies which courts have authority.

Upholding Electoral Integrity: COMELEC's Power to Correct Manifest Errors

The Supreme Court affirms COMELEC's authority to correct manifest errors in vote tabulation, prioritizing the people's will over technical objections.

Navigating COMELEC's Authority: Division vs. En Banc in Pre-Proclamation Disputes

Learn how the Supreme Court ruled on COMELEC's division vs. en banc authority in pre-proclamation cases, citing Milla v. Balmores-Laxa.

Electoral Protests: COMELEC's Power to Correct Errors and the Essence of Due Process

Learn how the Supreme Court ruled on COMELEC's authority to correct canvass errors and what due process truly requires in election cases.

Barangay Election Substitution After Candidate's Death: The People's Mandate Prevails

Supreme Court allows substitution of deceased barangay election candidates, honoring voter will over technical rules.

Term Limits and Recall Elections: When a Break in Service Allows a Fourth Term

Philippine Supreme Court explains how an involuntary break, like a recall election, resets the three-term limit for local officials.

Remand and Redistricting: The Supreme Court's Ruling on BAA 77 and BARMM Elections

The Supreme Court struck down BAA 77 as unconstitutional, halting the October 13, 2025 BARMM parliamentary elections. Learn the key rules.

Electoral Rights vs Public Order: Balancing Presence and Security During Canvassing

Philippine Supreme Court ruling on the balance between a candidate's right to be present during canvassing and police security measures.

Citizenship and Residency: Defining Electoral Eligibility in the Philippines

The Supreme Court clarifies how citizenship and residency requirements apply to candidates for local elective office in the Philippines.

Failure of Election Grounds and Remedies in Philippine Law

The Supreme Court clarifies the limited grounds for declaring a failure of election and why election protests, not annulment, address fraud claims.

Safeguarding the Ballot: Unauthorized Polling Place Transfers and Election Integrity in the Philippines

When can moving a polling place invalidate an election? The Supreme Court explains the rules on unauthorized transfers and election integrity.

Sorsogon Cityhood: Merging Municipalities and the One Subject-One Bill Rule

The Supreme Court upholds the creation of Sorsogon City by merging two municipalities, clarifying the one subject-one bill rule and plebiscite timing.

Safeguarding Free Speech: The Unconstitutionality of Election Survey Publication Bans in the Philippines

Why the Supreme Court struck down the ban on publishing election surveys before elections as an unconstitutional prior restraint on free speech.

Beyond the Ballot: The Limits of Pre-Proclamation Authority in Philippine Elections

Pre-proclamation controversies have strict limits under Philippine election law. This article explains when COMELEC can act and when courts take over.

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.

Finality of Comelec Decisions and Grave Abuse of Discretion in Election Cases

When are Comelec rulings on barangay election contests truly final? The Supreme Court explains the narrow exception for grave abuse of discretion.

Fixed Terms for Constitutional Commissioners: The Gaminde Case on Staggered Terms

The Supreme Court clarifies that a constitutional commissioner's term follows the staggered system, not the appointment paper's date, as shown in Gaminde.

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.

Recall Resolutions and Timing: Why Official Capacity Matters Under Philippine Election Law

Learn from Afiado v. COMELEC why recall resolutions must target the right office at the right time under the Local Government Code.

Dual Citizenship and Election in the Philippines: Clarifying Qualifications for Public Office

The Supreme Court clarifies when dual citizenship disqualifies a candidate and how filing a certificate of candidacy can cure it.

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.

When the Supreme Court Sits En Banc: Jurisdiction in Philippine Land Disputes

Learn when the Supreme Court sits en banc in land disputes, and how jurisdiction and land classification shape property rights in the Philippines.

Correcting Manifest Errors in Election Returns: The Angelia Case

How COMELEC can correct obvious tallying errors in election returns even after proclamation, and why due process still matters.