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Showing 145–168 of 276 articles for “comelec”

Double Jeopardy: When a Gun Ban Violation Precludes Illegal Possession Charges

The Supreme Court clarifies when a COMELEC gun ban violation bars a separate illegal possession of firearms charge under RA 8294.

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.

Electoral Mandate vs Practical Realities: When the Right to Vote Encounters Logistical Hurdles

The Supreme Court upholds COMELEC's refusal to hold a third special election, balancing constitutional duty against practical constraints.

Right to Information vs Electoral Confidentiality: Unveiling Party-List Nominees

Supreme Court rules Comelec must disclose party-list nominees' names, balancing right to information against Section 7 confidentiality limits.

COMELEC’s Decisive Power: Ensuring Fair Elections Beyond Procedural Technicalities

The Supreme Court affirms COMELEC’s broad authority to act decisively on election irregularities, prioritizing credible elections over procedural technicalities.

Status Quo Ante Orders of COMELEC Not Reviewable by Supreme Court

Supreme Court explains why COMELEC status quo ante orders are interlocutory and cannot be questioned via certiorari before final resolution.

Disqualification Before Election Day: Final Judgments in Philippine Electoral Law

When a candidate is disqualified by final judgment before elections, votes cast for them are not counted. Learn the rule from Cayat v. COMELEC.

Upholding Electoral Mandates: The Province's Duty to Implement Sangguniang Panlalawigan Seat Increases

Supreme Court affirms COMELEC's power to order proclamation of additional Sangguniang Panlalawigan members when a province's reclassification entitles it to more seats.

Ballot Integrity and Fair Elections: Lessons from Juan v. COMELEC on Post-Election Tampering

How the Supreme Court handled claims of post-election tampering and marked ballots in a barangay election protest, and what it means for ballot integrity.

Status Quo Ante Orders: COMELEC's Power to Suspend Execution Pending Appeal in Election Cases

Learn how the Supreme Court upheld COMELEC's power to issue status quo ante orders suspending execution pending appeal in election cases.

Party-List Proportionality: The Veterans Formula After CIBAC v. COMELEC

The Supreme Court clarifies the correct formula for computing additional party-list seats, reaffirming the Veterans ruling in CIBAC v. COMELEC.

Failure of Elections vs Election Protest: Jurisdiction and Pleading Requirements

Supreme Court clarifies when election annulment petitions fall under COMELEC En Banc jurisdiction and why fraud allegations need an election protest.

Electoral Tribunals Exclusive Jurisdiction Challenging Congressional Elections After Proclamation

The Supreme Court clarifies the boundary between COMELEC's jurisdiction over election annulment and the exclusive authority of electoral tribunals over election contests.

Cash Deposits in Election Protests: Individual or Joint Responsibility?

In Soriano v. COMELEC, the Supreme Court ruled that each protestant must pay the full cash deposit for ballot revision, not share it with co-protestants.

Respecting Voters' Intent: The Importance of Liberal Ballot Interpretation in Philippine Elections

How Philippine election law favors liberal ballot appreciation to protect voters' intent, and why courts defer to COMELEC's expertise.

Correcting Manifest Errors After Proclamation: How the Supreme Court Safeguards the True Will of the Electorat

The Supreme Court upheld the COMELEC's power to correct manifest errors in the statement of votes even after a candidate had already been proclaimed.

Ballot Box Integrity is Key: Safeguarding Election Results in the Philippines

Philippine Supreme Court ruling on Rosal v. Comelec: ballots must be proven untampered before they can overturn election returns.

When Can a Losing Candidate Face Execution Pending Appeal in Election Cases

Learn the rules for execution pending appeal in election contests, including the good reasons required, based on Diego Lim v. COMELEC.

Challenging Election Results: Safeguarding the Electorate's Will Against Tampered Returns

The Supreme Court upholds COMELEC's annulment of a proclaimed councilor's victory where election returns were tampered, affirming that procedural lapses cannot defeat the electorate's true will.

When Is a Misplaced Vote Valid? The Neighborhood Rule in Philippine Election Law

Philippine election law on stray votes and the neighborhood rule, explained through the Supreme Court's ruling in Velasco v. COMELEC.

Final Say on Ballots: Understanding COMELEC's Role in Philippine Election Protests

The Supreme Court affirms COMELEC's authority over ballot appreciation in election protests, explaining why courts defer to its factual findings.

Motion for Reconsideration: A Critical Step in Philippine Certiorari Petitions Before the Comelec

Learn why exhausting remedies like a motion for reconsideration matters in certiorari cases before the Comelec, based on Carloto v. COMELEC.

Public Bidding Does Not Exempt Takay Projects From the Election Spending Ban

The Supreme Court upheld the Comelec's finding that takay or paquiao public works cannot escape the election ban on fund releases through a public bidding.

Electoral Quorum Rules and Grounds for Challenging Election Results

Philippine Supreme Court ruling on COMELEC quorum requirements, ballot appreciation rules, and grounds for challenging election results explained.