Legal Insights

Unauthorized Foreshore Structures as Public Nuisance: Calimlim v. Goño

The Supreme Court rules that unauthorized structures on foreshore land constitute a public nuisance and must be removed.

Nuisance Candidates AND DUE Process Balancing Electoral Integrity AND Candidate Rights

Protecting Voter Intent: Disqualifying Nuisance Candidates in Philippine Elections

Explaining the Supreme Court's ruling in Teves v. COMELEC on nuisance candidates and how votes cast for them are credited to legitimate candidates.

Attractive Nuisance Doctrine and Negligence in Child Injury Cases

Supreme Court explains when a hotel pool with slides becomes an attractive nuisance and when res ipsa loquitur shifts the burden of proof.

Nuisance Per Se and Local Police Power: The Biñan Hog Farm Ordinance Ruling

The Supreme Court upheld Biñan's ordinance phasing out large hog farms near homes, treating foul odors as a nuisance per se abatable through local police power.

Nuisance Candidates: Genuine Intention vs Political Viability in Philippine Elections

Supreme Court clarifies that lack of nationwide support or political machinery is not a ground to declare a candidate a nuisance under Section 69 of the Omnibus Election Code.

Nuisance Candidates in Multi-Slot Elections: What the Rules Really Say

Nuisance candidates in multi-slot elections: the legal test, the Comelec's discretion, and practical guidance for aspirants.

Wealth Cannot Be a Test for Candidacy: The Marquez v. COMELEC Ruling

The Supreme Court rules that lack of proof of financial capacity alone cannot justify declaring a senatorial aspirant a nuisance candidate.

Wealth vs Right: Financial Capacity Cannot Bar Senate Candidacy

Supreme Court rules COMELEC cannot disqualify Senate aspirants as nuisance candidates solely for lacking proof of financial capacity to campaign nationwide.

Demolition of Illegal Structures on Public Roads: Public Welfare Over Private Interests

Supreme Court rules illegally constructed houses on public roads are nuisances that must be demolished, prioritizing public welfare over private claims.

Electoral Tribunals and Nuisance Candidates: Jurisdiction After Proclamation

The Supreme Court clarifies that the HRET cannot declare a candidate a nuisance candidate once the COMELEC's ruling has become final.

Balancing Public Order and Private Rights: Limits on Summary Abatement of Nuisances

When can barangay officials destroy property as a public nuisance? The Supreme Court clarifies the limits of summary abatement.

Property Rights and Nuisance: Balancing Interests in Land Use Disputes

The Supreme Court clarifies when land use becomes a nuisance, when it can be abated, and how courts balance competing property rights.

When Towers Topple: Balancing Public Safety and Telecommunications Expansion in Nuisance Law

The Supreme Court clarifies when a cell tower becomes a nuisance and why courts must respect administrative remedies in telecom disputes.

Suffrage and Procedure: Upholding the Electorate’s Will Despite Technicalities in Election Protests

The Supreme Court ruled that votes for a nuisance candidate with a similar surname must be counted for the bona fide candidate, protecting voter intent.

Protecting Voter Intent: Counting Votes for Bona Fide Candidates Over Nuisance Candidates

The Supreme Court ruled votes for nuisance candidates with names similar to bona fide candidates must be counted for the legitimate candidate, protecting voter intent.

Nuisance Suits in Intra-Corporate Disputes: Dismissal and Indispensable Parties

The Supreme Court clarifies when an intra-corporate complaint is a nuisance suit and why omitting indispensable parties is fatal.

Demolition and Due Process: Understanding Nuisance Per Se in Philippine Law

When can government demolish property without court order? The Supreme Court explains nuisance per se, police power, and the limits of due process.

Noise as Nuisance When Business Operations Disturb Neighboring Properties

Philippine Supreme Court ruling on when business noise becomes a legal nuisance and why courts, not local governments, handle abatement cases.

Decoding Stray Votes: How Philippine Courts Uphold Voter Intent in Elections

Philippine Supreme Court ruling on stray votes, nuisance candidates, and the primacy of voter intent in election canvassing.

Nuisance Candidates When CAN THE Comelec Disqualify A Candidate