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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Due Process in Election Appeals: The 30-Day Rule for COMELEC Petitions
The Supreme Court clarifies the 30-day filing period for appeals from COMELEC rulings, emphasizing strict compliance in election cases.
Standing to Sue: Can an Individual Challenge a Comelec Resolution Affecting an Organization
The Supreme Court clarifies who may challenge COMELEC rulings, emphasizing standing requirements under Rule 65 in election cases.
Revocation of Authority and Amendment of Information in Election Cases
Supreme Court clarifies when prosecutors may amend informations and when arraignment may be suspended pending COMELEC appeal.
Dual Citizenship and Elections: The Renunciation Requirement Under R.A. 9225
Philippine dual citizens seeking elective office must personally renounce foreign citizenship under R.A. 9225. The Supreme Court explains in De Guzman v. COMELEC.
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.
Proxy Validation vs Solicitation: SEC and RTC Jurisdiction in Corporate Elections
The Supreme Court clarifies when proxy disputes in corporate elections belong to the RTC, not the SEC, under the Securities Regulation Code.
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.
Missed Your Appeal Understanding Finality of Judgments and Procedural Deadlines in Philippine Courts
Learn how missing appeal deadlines makes judgments final and binding, using a Philippine Supreme Court case on union elections as guide.
Certification Elections: No Forum Shopping Certificate, Union Legitimacy Rules
Supreme Court clarifies that certification election petitions need no non-forum shopping certificate and explains union legitimacy rules in labor disputes.
Residency Requirements for Dual Citizens in Philippine Elections: Establishing Domicile of Choice
How the Supreme Court ruled on residency requirements for dual citizens running for local office in the Philippines.
When a Motion for Reconsideration Is Not Required: Certification Election Ruling
Supreme Court clarifies when the motion for reconsideration rule yields to DOLE rules, and how res judicata applies to certification election petitions.
Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion
Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.
Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard
The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.
Upholding Judicial Efficiency Consequences FOR Undue Delay IN Case Resolution
The Supreme Court annuls a COMELEC ruling that nullified execution pending appeal in an election protest, clarifying the standards for the remedy.
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.
Valid Service of Summons: Ensuring Due Process in Electoral Protests
The Supreme Court voided service of summons by registered mail in an election protest, ruling that personal service is required to satisfy due process.
Facial Challenges to Penal Statutes: Free Speech vs. State Power in Election Law
The Supreme Court clarifies when penal statutes like election laws may be challenged on their face, balancing free speech against state power.
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.
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.
Motion for Reconsideration as a Prerequisite to Supreme Court Review in Election Cases
The Supreme Court rules that a COMELEC Division resolution must first be elevated to the Commission en banc before it can be questioned before the High Court.
Double Jeopardy IN Disguise Forum Shopping AND THE Dismissal OF Election Protests
Strict Compliance in Election Protests: When a Technicality Can Decide the Victor
A flawed preliminary conference brief ended an election protest. Learn the strict rules and practical lessons from Cabrera v. COMELEC.