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Election Law

Election Law in the Philippines is governed primarily by the Omnibus Election Code, along with COMELEC (Commission on Elections) rules, jurisprudence, and other related laws. It covers a wide range of legal issues involving electoral campaigns, candidacy, voting procedures, and post-election challenges. Legal services in this field are vital to ensuring free, fair, and lawful elections—whether for barangay, local, or national positions.

Voters

Key Areas Covered by
Election Law:

  • Candidacy & Qualifications

  • Campaign rules & finance limits

  • Election offenses (e.g., vote-buying, premature campaigning)

  • Counting, canvassing, and proclamation procedures

  • Election protests and pre-proclamation controversies

How JK Law Can Help in Election Law Matters

1 / Campaign & Candidacy Legal Assistance
  • Legal guidance on qualification requirements for elective office

  • Preparation and filing of Certificates of Candidacy (COCs)

  • Advising candidates on permitted campaign practices and limits on election spending

  • Defense against or filing of disqualification cases or nuisance candidate petitions

  • Legal compliance with COMELEC rules on campaign ads, propaganda, and timelines

2 / Election Protests & Disputes

JK Law represents candidates or voters in:

  • Pre-proclamation controversies

  • Election protests involving fraud, vote-buying, or irregularities in conduct

  • Petitions to annul or suspend elections due to terrorism, force majeure, or other violations

  • Recount and revision of ballots in electoral contests

  • Filing before COMELEC, Municipal or Regional Trial Courts, or the House of Representatives Electoral Tribunal (HRET) and Senate Electoral Tribunal (SET) for higher office disputes

3 / Counting and Canvassing Issues

We assist in:

  • Monitoring and legal representation during the canvassing of votes

  • Objecting to irregularities in election returns or Statement of Votes (SOV)

  • Filing of motions or complaints related to miscounting, tampering, or unauthorized delays

  • Securing Temporary Restraining Orders (TROs) to halt or correct improper canvassing

Common Election Law Terms

Certificate of Candidacy (COC)

A formal declaration by a person intending to run for public office.

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Pre-proclamation Controversy

A dispute arising before a candidate is officially proclaimed winner, usually involving vote counting or returns.

Disqualification Case

A petition filed to prevent a candidate from running due to legal ineligibility.

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Campaign Period

The official time frame when candidates are allowed to campaign legally.

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Canvassing

The official tallying and consolidation of votes from different precincts.

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Election Return (ER)

The document reflecting the results of the voting in each precinct.

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Election Protest

A legal challenge to the results of an election, typically filed by a losing candidate.

Vote-Buying

An election offense where a candidate gives money or gifts in exchange for votes.

Nuisance Candidate

A candidate who files a COC without genuine intent to run, causing confusion among voters.

Office with a View

Request Legal Guidance

Elections are fast-paced, time-sensitive, and highly regulated. At JK Law, we offer strategic legal counsel, quick response, and courtroom experience to protect your candidacy, votes, or electoral rights. Whether you're a candidate, poll watcher, party representative, or concerned voter, we ensure your legal issues are addressed promptly and effectively.

Contact us!

JK Law Offices, A. C. Cortes Avenue, Alang-Alang, Mandaue City, Cebu

(032) 423-1556

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