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 124 of 35 articles for canvass

When a Recruitment Employee Is Not Liable for Illegal Recruitment: Toston v. People

The Supreme Court in Toston v. People clarifies that a recruitment agency's mere employee is not automatically liable for illegal recruitment.

Illegal Recruitment and Estafa: When Overseas Job Promises Turn Into Crimes

The Supreme Court clarifies when fake overseas job offers constitute illegal recruitment and estafa, and explains the penalties under Philippine law.

Sula v. COMELEC: Supreme Court Upholds Cotabato City’s Inclusion in BARMM

Supreme Court affirms COMELEC’s conduct of the Bangsamoro plebiscite, upholding Cotabato City’s inclusion in BARMM as the people’s will.

Accountability for False Promises: Illegal Recruitment and Estafa Conviction Analyzed

The Supreme Court affirms conviction for illegal recruitment in large scale and estafa, clarifying liability for false promises of overseas employment.

Breach of Public Trust When Negligence in Procurement Leads to Graft Conviction

Supreme Court affirms graft conviction of DOH supply officer for gross inexcusable negligence in anomalous drug purchases, clarifying liability under RA 3019.

Election Protest Costs: The Supreme Court Ruling on Retention Fees for Election Equipment

The Supreme Court explains why the Senate Electoral Tribunal cannot rule on contract validity in election protest cost disputes.

Suffrage Safeguards: Upholding Election Integrity Through Specificity and Evidence in Electoral Protests

The PET dismissed Marcos Jr.'s 2016 VP election protest, affirming Robredo's victory and underscoring the strict rules on specificity and evidence in election contests.

When a Disqualified Candidate Wins: Second-Placer Rule and Void Certificates of Candidacy

Explaining the Supreme Court's ruling on void certificates of candidacy, second-placers, and who truly wins when a candidate is disqualified.

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.

When Local Officials Break Procurement Rules: Lessons From Sison v. People

A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.

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.

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.

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.

Upholding Comelec Discretion in Pre-Proclamation Controversies

The Supreme Court affirms Comelec's broad discretion in dismissing pre-proclamation disputes, emphasizing limited scope of review and proper remedies.

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Abandonment in Election Protests: Legarda v. De Castro and the Effect of Subsequent Candidacy

PET dismisses Legarda's VP protest against De Castro on abandonment and evidentiary grounds, clarifying election protest rules.

Disqualification and Succession in Local Elections: The Sinsuat Case

Explaining the Supreme Court ruling on disqualification of winning candidates, ballot appreciation, and succession rules in Philippine local elections.

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.

Illegal Recruitment in Large Scale: When a Recruiter's Agent Still Faces Criminal Liability

Philippine Supreme Court explains when a recruiter's agent can be liable for illegal recruitment in large scale despite a licensed agency's SPA.

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.

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.