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 145168 of 227 articles for election

Good Faith as a Defense in Philippine Election Offenses: The Garcia Case

When can good faith excuse an election officer's error? The Garcia ruling explains intent in vote canvassing offenses under RA 6646.

Domicile Dilemmas: Residency Requirements for Philippine Election Candidates

The Supreme Court explains what "residence" really means for election candidates—and why buying property alone won't establish domicile.

Separate Legal Claims WHY Improper Case Consolidation Violates DUE Process

Why the Supreme Court ruled that separate libel complaints against a publisher cannot be consolidated against one defendant without violating due process.

Retrenchment Rules in the Philippines: Proving Losses and Fair Selection

Philippine Supreme Court ruling on retrenchment: what employers must prove to validly dismiss employees due to business losses.

Venue Stipulations in Contracts: Limits on Exclusive Venue Clauses

Philippine Supreme Court ruling on when exclusive venue stipulations in contracts apply, and when they cannot restrict access to courts.

When Redundancy Becomes Illegal Dismissal: Lessons from Lopez Sugar Corporation

The Supreme Court clarifies when a redundancy program is a valid management prerogative and when it becomes an illegal dismissal.

Upholding Ethical Standards: Adultery as Grounds for Attorney Disbarment in the Philippines

The Supreme Court suspended a lawyer for cohabiting with a woman not his wife, reaffirming that good moral character is a continuing requirement for membership in the Philippine Bar.

Supervision vs. Control: Safeguarding Local Autonomy in the Liga ng mga Barangay

The Supreme Court clarifies the line between supervision and control over the Liga ng mga Barangay, protecting local autonomy.

Three-Term Limit for Local Officials: When an Election Loss Resets the Clock

Election loss interrupts an official's service and resets the three-term limit, as clarified by the Supreme Court in Adormeo v. COMELEC.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Mootness Doctrine and Acquittal: When Court Rulings Lose Relevance

Explaining when court rulings become moot and academic, and how acquittal affects pending criminal cases in the Philippines.

Disqualification After Election: Why the Second Placer Does Not Win and a Special Election Is the Remedy

When a winning candidate is disqualified after the election, the second placer cannot be declared the winner. A special election is the proper remedy, as explained in Ocampo v. HRET.

Independent Contractor vs Employee: Defining the Lines in Media Talent Engagements

The Supreme Court clarifies when a TV or radio host is an independent contractor, not an employee, using the control test.

Citizenship by Blood: Redefining Qualifications for the Philippine Presidency

The Supreme Court's 2004 ruling in Tecson v. COMELEC clarifies how natural-born citizenship is determined for presidential candidates.

Party Authority vs Electorate Protection: Resolving Leadership Disputes in Political Parties

The Supreme Court rules on who may sign party nominations, protecting parties and voters from factional confusion.

COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling

The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.

Banks' Fiduciary Duty to Protect Depositors' Funds: What the Law Requires

Philippine law imposes a strict fiduciary duty on banks to protect depositors' funds. This article explains the legal standards and consequences of breach.

Failure of Election Petitions: COMELEC Discretion and the Evidentiary Bar

The Supreme Court clarifies when failure of election may be declared, and why mere allegations without evidence will not suffice.

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.

Union Registration Validity and Challenges in Philippine Labor Context

Philippine Supreme Court clarifies that a registered union's legal personality cannot be collaterally attacked in certification election cases.

Prescription of Penalties: Why Actual Imprisonment Matters in Philippine Law

Philippine Supreme Court ruling on when prescription of penalties begins—only after a convict actually escapes from imprisonment.

Prescription of Penalties: Evasion of Sentence Requires Prior Imprisonment

Philippine Supreme Court ruling: prescription of penalty starts only when a convicted person escapes from actual imprisonment, not from hiding.

Proportional Representation in Electoral Tribunals: The Pimentel Case

Explaining the Supreme Court ruling on proportional representation of party-list groups in the HRET and Commission on Appointments.