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Showing 193–216 of 272 articles for “comelec”

Recounting Votes in Fraudulent Election Returns: Safeguarding the Electorate's Will

Philippine Supreme Court ruling on when COMELEC must recount votes instead of excluding fraudulent election returns, protecting voter enfranchisement.

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.

Due Process in Election Canvass: The Right to Notice and Fair Hearing

How the Supreme Court upheld COMELEC's power to correct manifest election errors while respecting due process rights.

Correcting Manifest Errors in Election Canvass: Dela Llana v. COMELEC

A clerical error in a statement of votes cost a candidate 37 votes. The Supreme Court ruled that COMELEC may correct manifest errors to reflect the true will of the electorate.

Due Process Prevails: Annulment of Proclamation Requires Notice and Hearing

The Supreme Court ruled that the COMELEC cannot annul a proclamation or oust elected officials without due notice and hearing, even when acting motu proprio.

Judicial Overreach When Judges Overstep Bail Authority

Explore how the Supreme Court nullified a COMELEC en banc ruling for violating the constitutional rule on division jurisdiction in election cases.

Voter Registration Requirement for Barangay Candidates and COMELEC Due Process

The Supreme Court rules on mandatory voter registration for barangay candidates and due process requirements in COMELEC cancellation proceedings.

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.

Safeguarding Suffrage: Residency and Congressional Oversight in Overseas Voting

The Supreme Court upholds overseas absentee voting law, clarifying residency rules, COMELEC's proclamation powers, and limits on congressional oversight.

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.

Expediting Justice: Why Election Protests Favor Speed Over Rigid Procedure

In Quintos v. COMELEC, the Supreme Court allowed a trial court first access to contested ballot boxes, showing that speedy election protest resolution outweighs rigid rules.

Annulment of Elections vs Election Protests: What Macabago v. COMELEC Teaches Us

The Supreme Court clarifies when election fraud claims belong in an election protest, not an annulment case.

Election Canvass Rights: When Police Checkpoints Cross the Line

Supreme Court clarifies which election canvass violations are criminal offenses and when COMELEC findings stand.

Youth Elections and the Shifting Sands of Legal Standing: Montesclaros vs. Comelec

The Supreme Court explains why youth who aged out of the SK had no standing to challenge election postponement and age requirement changes.

Premature Proclamation and Due Process in Election Contests: Abinal v. COMELEC

The Supreme Court clarifies when COMELEC may order a proclamation while a pre-proclamation appeal is pending, and the limits of due process claims.

Navigating Appointments Security of Tenure vs Presidential Prerogative in the Comelec

The Supreme Court explains why ad interim appointments to the COMELEC are permanent, not temporary, and how they balance presidential power with constitutional independence.

Safeguarding the Electoral Will: Scrutinizing Mathematical Errors in Election Canvassing

The Supreme Court annulled a COMELEC order correcting alleged canvassing errors, emphasizing that only manifest errors apparent on the face of certificates may be corrected.

Custody and Accountability: When Election Officers Take Ballot Boxes Home

A Supreme Court ruling reminds poll officials that taking ballot boxes home without COMELEC authority is a criminal offense, even if the boxes are returned later.

Election Law: Distinguishing Beneficence From Campaigning in Pangkat Laguna vs Comelec

When does a public official's act of giving become illegal campaigning? The Supreme Court clarifies the line between beneficence and vote solicitation.

Navigating Election LAW Clarifying THE Authority TO Initiate Complaints Before THE Comelec

Perfecting Appeals in Election Cases: Strict Compliance with Fee Payment Rules

Learn why paying appeal fees to the wrong office or late can doom an election appeal, based on Villota v. COMELEC.

Safeguarding Elections When Fraud AND Intimidation Lead TO Failure OF Elections

When fraud and intimidation taint voting and canvassing, the COMELEC may declare a failure of election and call for a special election.

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.