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 121 of 21 articles for comelec

Quo Warranto in the Philippines: Challenging an Official's Right to Hold Office

Learn how quo warranto actions challenge an elected official's qualifications in the Philippines, including deadlines, venues, and key Supreme Court rulings.

COMELEC vs HRET: When Can a Party-List Registration Be Cancelled?

The Supreme Court clarifies when COMELEC can cancel a party-list registration, even if it affects a sitting member of Congress.

Election Gun Ban and Retroactivity: The Bargado Case Explained

Can a postponed election erase a gun ban violation? The Supreme Court's Bargado ruling explains retroactivity in Philippine election 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.

HUC Voters and Provincial Plebiscites: The Del Rosario Ruling Explained

Can residents of a highly urbanized city vote in a provincial plebiscite? The Supreme Court says no—here's why.

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.

Probation Revocation in the Philippines: New Offenses and Due Process

Learn when Philippine courts can revoke probation for a new offense, and what due process requires in revocation proceedings.

Residency vs. Domicile in Philippine Elections: The Pundaodaya Ruling

The Supreme Court clarifies that voter registration and property ownership do not prove election residency, which legally means domicile.

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.

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.

The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained

Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.

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.

Marked Ballots in Philippine Elections: When Stray Marks Invalidate a Vote

Philippine election law invalidates ballots with deliberate identifying marks, but accidental or third-party markings may still be valid. Learn the rules.

Failure of Election Petitions in the Philippines: What the Law Requires

Failure of election is a narrow remedy under Philippine law. Learn the grounds, the limits, and how Banaga v. COMELEC clarifies the rules.

COMELEC vs. HRET Jurisdiction: When Election Disputes Shift to the Electoral Tribunal

Learn when COMELEC loses jurisdiction over House election contests and the HRET becomes the sole judge of a member's election, returns, and qualifications.

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.

Residency Requirement for Philippine Candidates: The Domino Doctrine on Domicile

Philippine election law equates residency with domicile. The Domino case shows why voter registration and genuine intent matter for candidates.

Vote Buying and Disqualification: Nolasco vs. COMELEC Explained

What happens when a winning candidate is disqualified for vote buying? The Nolasco case clarifies succession and election law.

SK Election Age Requirements: The Supreme Court Ruling Explained

Understand the age qualification rules for Sangguniang Kabataan elections and the key Supreme Court ruling that clarified them.

Failure of Election vs. Election Protest: Key Differences Explained

Learn the legal distinction between a failure of election and an election protest, based on the Supreme Court ruling in Borja vs. COMELEC.

Mandamus vs. Quo Warranto: Choosing the Right Remedy for Public Office Disputes

Learn when to file mandamus or quo warranto in Philippine law, and how the Supreme Court's ruling in Garces v. CA guides the choice.