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.
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Perpetual Disqualification and Material Misrepresentation in Election Candidacy
The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.
Can a Certificate of Candidacy Be Cancelled After Election Day? Residency Rules for Local Elections
The Supreme Court explains when a certificate of candidacy may be cancelled after election day, focusing on false residency declarations.
Nicknames and Election Law: What Counts as Material Misrepresentation in Certificates of Candidacy
A candidate's nickname in a certificate of candidacy is not material misrepresentation unless it affects eligibility or qualification for office.
Substitution in Elections: Residency Requirements and Certificate of Candidacy Validity
Philippine Supreme Court ruling on when a disqualified candidate can be substituted, distinguishing disqualification from certificate of candidacy cancellation.
Can a Second-Placer Win After a Substitute Candidate Is Disqualified? The Talaga Case
A substitute candidate cannot replace a disqualified candidate whose certificate of candidacy was cancelled. Learn what this means for election contests.
Can a Defective Oath Disqualify a Candidate? The Amora Ruling
The Supreme Court clarifies when a defective oath in a Certificate of Candidacy can—and cannot—disqualify a candidate.
Residency for Public Office: Intent, Incremental Moves, and Misrepresentation Claims
The Supreme Court explains how candidates prove residency for public office and when a certificate of candidacy may be challenged.
Premature Campaigning Motorcades and the Definition of a Candidate Under Philippine Election Law
The Supreme Court rules that motorcades after filing a certificate of candidacy can constitute premature campaigning, disqualifying a candidate under the Omnibus Election Code.
Dual Citizenship and Electoral Eligibility: Clarifying the Requirements for Public Office
The Supreme Court clarifies that dual citizens by birth may run for public office by merely filing a certificate of candidacy, without renouncing foreign citizenship.
Material Misrepresentation in a COC: When a False Statement Can Nullify an Election Win
A false statement in a Certificate of Candidacy on a material qualification can cancel a candidacy and nullify an election victory, as Velasco v. COMELEC shows.
Election Law: Distinguishing Disqualification From Certificate Cancellation
The Supreme Court clarifies the difference between disqualification and cancellation of a certificate of candidacy in election cases.
Citizenship vs Identity: Name Discrepancies in Certificate of Candidacy Cases
Supreme Court ruling on when name discrepancies in a certificate of candidacy constitute material misrepresentation under election law.
Electoral Misrepresentation: Occupation vs. Qualifications in Philippine Law
When does a false statement in a certificate of candidacy become an election offense? The Supreme Court clarifies in Lluz v. COMELEC.
When Can a Certificate of Candidacy Be Questioned: Age and Election Rules
Philippine Supreme Court ruling on when a certificate of candidacy can be questioned, including age requirements and election protest rules.
COMELEC Cannot Motu Proprio Cancel a Candidate’s Certificate of Candidacy: Cipriano v. COMELEC
The Supreme Court rules COMELEC cannot cancel a certificate of candidacy motu proprio without notice and hearing, safeguarding due process in election cases.
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.
Surname Use in Philippine Elections: When It Is Not a Material Misrepresentation
Philippine Supreme Court ruling on when using a surname in a certificate of candidacy is not a material misrepresentation under election law.
Substitution Rules in Philippine Elections: When a Substitute Candidate Can Validly Replace an Original
Philippine election law on substitution: a disqualified candidate may be replaced only if he had a valid certificate of candidacy. Learn the rule.
Ensuring Valid Candidacy: Why Proper Nomination Is Crucial in Philippine Elections
Learn why a defective party nomination invalidates a certificate of candidacy, based on the Supreme Court ruling in Recabo vs. COMELEC.
Ipso Facto Resignation: When Philippine Politicians Lose Their Seats by Running for Another Office
The Supreme Court explains why elective officials are deemed resigned upon filing a certificate of candidacy for a different position.
Dual Citizenship and Election Eligibility in the Philippines: How Declaring Filipino Citizenship in Your Candi
The Supreme Court clarifies that dual citizens can run for local office by electing Philippine citizenship in their certificate of candidacy.