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GMA came up with its analysis of the practical effects of such a regulation: Given the
reduction of a candidate’s airtime minutes in the New Rules, petitioner GMA estimates
that a national candidate will only have 120 minutes to utilize for his political
advertisements in television during the whole campaign period of 88 days, or will only
have 81.81 seconds per day TV exposure allotment. If he chooses to place his political
advertisements in the 3 major TV networks in equal allocation, he will only have 27.27
seconds of airtime per network per day. This barely translates to 1 advertisement spot
on a 30-second spot basis in television. The Court agrees. The assailed rule on
“aggregate-based” airtime limits is unreasonable and arbitrary as it unduly restricts and
constrains the ability of candidates and political parties to reach out and communicate
with the people. Here, the adverted reason for imposing the “aggregate-based” airtime
limits – leveling the playing field – does not constitute a compelling state interest which
would justify such a substantial restriction on the freedom of candidates and political
parties to communicate their ideas, philosophies, platforms and programs of
government
2. The Court cannot agree with the contentions of GMA. The apprehensions
of COMELEC appear more to be the result of a misappreciation of the real import
of the regulation rather than a real and present threat to its broadcast activities. The
Court is more in agreement with COMELEC when it explained that the legal duty
of monitoring lies with the COMELEC. Broadcast stations are merely required to
submit certain documents to aid the COMELEC in ensuring that candidates are not
sold airtime in excess of the allowed limits. There is absolutely no duty on the
broadcast stations to do monitoring, much less monitoring in real time. GMA
grossly exaggerates when it claims that the non-existent duty would require them to
hire and train an astounding additional 39,055 personnel working on eight-hour
shifts all over the country.
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