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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Election Disqualification Petitions: Filing After Proclamation Clarified
The Supreme Court clarifies when a petition to disqualify a candidate may be filed, ruling that the deadline is the entire day of proclamation.
Boracay Closure: Balancing Environmental Protection and Constitutional Rights in Philippine Law
The Supreme Court upheld the Boracay closure under Proclamation No. 475, ruling on presidential power, environmental protection, and constitutional rights.
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.
Electoral Tribunal Jurisdiction: Proclamation Is the Decisive Factor in Election Contests
The Supreme Court clarifies that once a congressional candidate is proclaimed, the HRET, not the COMELEC, has sole jurisdiction over election contests.
Publication Requirement: Handwritten Amendments to Presidential Proclamations
Philippine Supreme Court rules that handwritten addenda to presidential proclamations have no legal effect unless published in the Official Gazette.
Publication Requirement Prevails: Unpublished Handwritten Addendum Has No Legal Effect
Supreme Court rules unpublished handwritten addendum to a presidential proclamation has no force of law, reaffirming the indispensable publication requirement.
When Election Irregularities Meet Mootness: Annulment of Proclamation and the Imperative of an Actual Controve
Explore Quiño v. COMELEC, where the Supreme Court dismissed an election case as moot after a re-canvass, explaining why actual controversies matter.
Electoral Tribunals Authority Challenging A Legislators Qualifications After Proclamation
The Supreme Court clarifies that once a congressional candidate is proclaimed, only the HRET, not COMELEC, may rule on qualifications.
Party-List Nominee Qualifications and HRET Jurisdiction After Proclamation
Explains the Supreme Court ruling on party-list nominee qualifications, COMELEC jurisdiction, and HRET's sole authority after proclamation.
When Presidential Power Meets University Autonomy: The CMU Land Case
The Supreme Court struck down a presidential proclamation taking state university land for IP distribution, affirming academic autonomy and vested property rights.
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.
Agrarian Reform vs Tourism: Resolving Land Use Conflicts in the Philippines
Supreme Court ruling on whether tourism zone proclamations automatically exempt agricultural lands from CARP coverage.
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.
Election Offenses and Probable Cause: The COMELEC's Role in Safeguarding Electoral Integrity
The Supreme Court clarifies the COMELEC's authority to find probable cause for election offenses and its limits on disqualification cases after proclamation.
Safeguarding the Electorate's Will: Evidence in Election Result Exclusion
The Supreme Court ruled that while procedural lapses may be excused in pre-proclamation cases, the exclusion of election returns must rest on substantial evidence.
Citizenship Threshold Ensuring Elected Officials Meet Constitutional Requirements
The Supreme Court clarifies that citizenship is a continuing qualification for House members, and only the HRET may judge such contests after proclamation.
Rectifying Election Errors: COMELEC's Authority to Ensure Accurate Representation of Voters' Intent
When election documents are compromised, COMELEC can correct manifest errors even after proclamation. The Supreme Court explains why.
Untimely Election Protests: When Pre-Proclamation Petitions Do Not Suspend Filing Deadlines
The Supreme Court clarifies when a pre-proclamation petition suspends the 10-day deadline for filing an election protest under Philippine law.
Election Tribunal vs Comelec: Who Resolves Disqualification Cases After Proclamation
The Supreme Court clarifies that once a winning candidate is proclaimed and assumes office, the HRET—not the Comelec—has sole jurisdiction over qualification disputes.
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.
Correcting Election Returns: COMELEC Can Rectify Manifest Errors Even After Proclamation
Supreme Court affirms COMELEC power to correct manifest errors in election returns even after a candidate has been proclaimed and sworn in.
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.
Safeguarding Electoral Integrity: Due Process in Pre-Proclamation Cases
The Supreme Court nullifies a hasty proclamation in Cambe v. COMELEC, underscoring due process and the proper procedure for excluding election returns.
Navigating Election Disputes: The COMELEC's Authority in Pre-Proclamation Cases
A look at Cambe v. COMELEC on the proper handling of pre-proclamation cases, including the need for division-level review and the rules on excluding election returns.