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Philippine Supreme Court Jurisprudence > Year 1990 > January 1990 Decisions > G.R. No. 90878 January 29,
1990 - PABLITO V. SANIDAD v. COMMISSION ON ELECTIONS:

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EN BANC

[G.R. No. 90878. January 29, 1990.]

PABLITO V. SANIDAD, Petitioner, v. THE COMMISSION ON ELECTIONS, Respondent.

SYLLABUS

1. CONSTITUTIONAL LAW; COMELEC RESOLUTION NO. 2167, SECTION 19 THEREOF; HELD


UNCONSTITUTIONAL AS AN ABRIDGMENT OF FREEDOM OF EXPRESSION. — Section 19 of Comelec
Resolution No. 2167, which provides: "Section 19. Prohibition on columnists, commentators or
announcers. — During the plebiscite campaign period, on the day before and on plebiscite day, no mass
media columnist, commentator, announcer or personality shall use his column or radio or television time
to campaign for or against the plebiscite issues." Respondent Comelec maintains that the questioned
provision of Comelec Resolution No. 2167 is not violative of the constitutional guarantees of the freedom
of expression and of the press. Rather, it is a valid implementation of the power of the Comelec to
supervise and regulate media during election or plebiscite periods as enunciated in Article IX-C, Section 4
of the 1987 Constitution of the Republic of the Philippines. It is stated further by respondent that
Resolution 2167 does not absolutely bar petitioner from expressing his views and or from campaigning for
or against the Organic Act. He may still express his views or campaign for or against the act through the
Comelec space and airtime. This is provided under Sections 90 and 92 of BP 881. The contention is
DebtKollect Company, Inc. without merit. While the limitation does not absolutely bar petitioner’s freedom of expression, it is still a
restriction on his choice of the forum where he may express his view. No reason was advanced by
respondent to justify such abridgement. We hold that this form of regulation is tantamount to a restriction
of petitioner’s freedom of expression for no justifiable reason. Plebiscite issues are matters of public
concern and importance. The people’s right to be informed and to be able to freely and intelligently make
a decision would be better served by access to an unabridged discussion of the issues, including the
forum. The people affected by the issues presented in a plebiscite should not be unduly burdened by
restrictions on the forum where the right to expression may be exercised. Comelec spaces and Comelec
radio time may provide a forum for expression but they do not guarantee full dissemination of information
to the public concerned because they are limited to either specific portions in newspapers or to specific
radio or television times.

2. ID.; RULING IN THE CASE OF BADOY JR. V. COMELEC (L-32546, OCTOBER 16, 1970), NOT APPLICABLE
IN A PLEBISCITE; REASON THEREFOR. — In the case of Badoy, Jr. v. Comelec, L-32546, Oct. 16, 1970,
where the constitutionality of the prohibition of certain forms of election propaganda was assailed, We
ruled therein that the prohibition is a valid exercise of the police power of the state "to prevent the
perversion and prostitution of the electoral apparatus and of the denial of equal protection of the laws."
The evil sought to be prevented in an election which led to Our ruling in that case does not obtain in a
plebiscite. In a plebiscite, votes are taken in an area on some special political matter unlike in an election
ChanRobles Intellectual Property where votes are cast in favor of specific persons for some office. In other words, the electorate is asked to
Division vote for or against issues, not candidates in a plebiscite.

DECISION

MEDIALDEA, J.:

This is a petition for certiorari assailing the constitutionality of Section 19 of Comelec Resolution No. 2167
on the ground that it violates the constitutional guarantees of the freedom of expression and of the press.

On October 23, 1989, Republic Act No. 6766, entitled "AN ACT PROVIDING FOR AN ORGANIC ACT FOR
THE CORDILLERA AUTONOMOUS REGION" was enacted into law. Pursuant to said law, the City of Baguio
and the Cordilleras which consist of the provinces of Benguet, Mountain Province, Ifugao, Abra and
Kalinga-Apayao, all comprising the Cordillera Autonomous Region, shall take part in a plebiscite for the
ratification of said Organic Act originally scheduled last December 27, 1989 which was, however, reset to
January 30, 1990 by virtue of Comelec Resolution No. 2226 dated December 27, 1989.

The Commission on Elections, by virtue of the power vested by the 1987 Constitution, the Omnibus
Election Code (BP 881), said R.A. 6766 and other pertinent election laws, promulgated Resolution No.
2167, to govern the conduct of the plebiscite on the said Organic Act for the Cordillera Autonomous
Region.

In a petition dated November 20, 1989, herein petitioner Pablito V. Sanidad, who claims to be a
newspaper columnist of the "OVERVIEW" for the BAGUIO MIDLAND COURIER, a weekly newspaper
circulated in the City of Baguio and the Cordilleras, assailed the constitutionality of Section 19 of Comelec
Resolution No. 2167, which provides: jgc:chanrobles.com.ph

"Section 19. Prohibition on columnists, commentators or announcers. — During the plebiscite campaign
period, on the day before and on plebiscite day, no mass media columnist, commentator, announcer or
personality shall use his column or radio or television time to campaign for or against the plebiscite
issues." cralaw virtua1aw library

January-1990 Jurisprudence It is alleged by petitioner that said provision is void and unconstitutional because it violates the
constitutional guarantees of the freedom of expression and of the press enshrined in the Constitution. chanrobles virtualawlibrary

G.R. Nos. 59568-76 January 11, 1990 - PETER chanrobles.com:chanrobles.com.ph

NIERRAS v. AUXENCIO C. DACUYCUY, ET AL.


Unlike a regular newsreporter or news correspondent who merely reports the news, petitioner maintains
G.R. No. 59731 January 11, 1990 - ALFREDO CHING that as a columnist, his column obviously and necessarily contains and reflects his opinions, views and
v. COURT OF APPEALS, ET AL.
beliefs on any issue or subject about which he writes. Petitioner believes that said provision of COMELEC
Resolution No. 2167 constitutes a prior restraint on his constitutionally-guaranteed freedom of the press
G.R. No. 76238 January 11, 1990 - PEOPLE OF THE
and further imposes subsequent punishment for those who may violate it because it contains a penal
PHIL. v. BENJAMIN NOGUERRAS
provision, as follows: jgc:chanrobles.com.ph

G.R. No. 85332 January 11, 1990 - BIENVENIDO


PAZ v. COURT OF APPEALS, ET AL. "Article XIII, Section 122, Election Offenses and Banned Acts or Activities. — Except to the extent that the
same may not be applicable to a plebiscite, the banned acts/activities and offenses defined in and
A.M. No. RTJ-87-104 January 11, 1990 - OFFICE OF penalized by the Omnibus Election Code (Sections 261, 262, 263 and 264, Article XXII, B.P Blg. 881) and
THE COURT ADMINISTRATOR v. JOSE M. ESTACION, the pertinent provisions of R.A. No. 6646 shall be applicable to the plebiscite governed by this
JR. Resolution." cralaw virtua1aw library

G.R. No. 45355 January 12, 1990 - PROVINCE OF Petitioner likewise maintains that if media practitioners were allowed to express their views, beliefs and
MISAMIS ORIENTAL v. CAGAYAN ELECTRIC POWER opinions on the issue submitted to a plebiscite, it would in fact help in the government drive and desire to
AND LIGHT CO., INC. disseminate information, and hear, as well as ventilate, all sides of the issue.

G.R. No. 59284 January 12, 1990 - JUANITO


On November 28, 1989, We issued a temporary restraining order enjoining respondent Commission on
CARDOZA v. PABLO S. SINGSON, ET AL.
Elections from enforcing and implementing Section 19 of Resolution No. 2167. We also required the
G.R. No. 75679 January 12, 1990 - ROSAURO C. respondent to comment on the petition.
CRUZ v. AUGUSTO E. VILLARIN, ET AL.
On January 9, 1990, respondent Commission on Elections, through the Office of the Solicitor General filed
G.R. No. 76752 January 12, 1990 - ST. MARY’S its Comment.
COLLEGE, ET AL. v. NATIONAL LABOR RELATIONS
COMM., ET AL. Respondent Comelec maintains that the questioned provision of Comelec Resolution No. 2167 is not
violative of the constitutional guarantees of the freedom of expression and of the press. Rather, it is a
G.R. No. 83982 January 12, 1990 - JESUS C. valid implementation of the power of the Comelec to supervise and regulate media during election or
JAKIHACA v. LILIA AQUINO, ET AL. plebiscite periods as enunciated in Article IX-C, Section 4 of the 1987 Constitution of the Republic of the
Philippines.
G.R. No. 30670 January 17, 1990 - PASTOR
TANCHOCO, ET AL. v. FLORENDO P. AQUINO, ET AL.
It is stated further by respondent that Resolution 2167 does not absolutely bar petitioner from expressing
his views and or from campaigning for or against the Organic Act. He may still express his views or
G.R. No. 52728 January 17, 1990 - AVELINO C.
campaign for or against the act through the Comelec space and airtime. This is provided under Sections
AGULTO v. COURT OF APPEALS, ET AL.
90 and 92 of BP 881: jgc:chanrobles.com.ph

G.R. Nos. 74938-39 January 17, 1990 - ANGELINA


J. MALABANAN v. GAW CHING, ET AL. "Section 90. Comelec Space. — The Commission shall procure space in at least one newspaper of general
circulation in every province or city: Provided, however, That in the absence of said newspaper, publication
G.R. No. 75663 January 17, 1990 - ANTONIO G. shall be done in any other magazine or periodical in said province or city which shall be known as
AMBROSIO v. INTERMEDIATE APPELLATE COURT, ET "Comelec Space" wherein candidates can announce their candidacy. Said space shall be allocated, free of
AL. charge, equally and impartially within the area in which the newspaper is circulated.

G.R. No. 75979 January 17, 1990 - RAYMUNDO "Section 92. Comelec Time. — The Commission shall procure radio and television time to be known as
MARABELES, ET AL. v. COURT OF APPEALS, ET AL. "Comelec Time" which shall be allocated equally and impartially among the candidates within the area of
coverage of all radio and television stations. For this purpose, the franchise of all radio broadcasting and
G.R. Nos. 79436-50 January 17, 1990 - EASTERN
television stations are hereby amended so as to provide radio or television time, free of charge, during the
ASSURANCE & SURETY CORP. v. SECRETARY OF
period of the campaign."
LABOR, ET AL.
cralaw virtua1aw library

G.R. No. 85915 January 17, 1990 - PAGKAKAISA NG Respondent Comelec has relied much on Article IX-C of the 1987 Constitution and Section 11 of R.A. 6646
MGA MANGGAGAWA SA TRIUMPH INT’L., ET AL. v. as the basis for the promulgation of the questioned Section 19 of Comelec Resolution 2167. chanrobles law library

PURA FERRER-CALLEJA, ET AL.


Article IX-C of the 1987 Constitution provides: jgc:chanrobles.com.ph

G.R. No. 88864 January 17, 1990 - PACIFIC MILLS,


INC. v. NATIONAL LABOR RELATIONS COMM., ET AL. "The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all
franchises or permits for the operation of transportation and other public utilities, media of communication
G.R. No. 44414 January 18, 1990 - PEOPLE OF THE or information, all grants, special privileges, or concessions granted by the Government or any
PHIL. v. WILFREDO TALLA, ET AL. subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation
or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, time, and space,
G.R. No. 57455 January 18, 1990 - EVELYN DE and the right to reply, including reasonable, equal rates therefor, for public information campaigns and
LUNA, ET AL. v. SOFRONIO F. ABRIGO, ET AL.
forums among candidates in connection with the objective of holding free, orderly, honest, peaceful and
credible elections."
G.R. No. 41835 January 19, 1990 - PRUDENTIAL
cralaw virtua1aw library

BANK v. FILOMENO GAPULTOS, ET AL.


Similarly, Section 11 of Republic Act No. 6646 (The Electoral Reform Law of 1987) likewise provides: jgc:chanrobles.com.ph

G.R. No. 43495 January 20, 1990 - TROPICAL HUT


EMPLOYEES’ UNION, ET AL. v. TROPICAL HUT FOOD "Prohibited forms of election Propaganda. — In addition to the forms of election propaganda prohibited
MARKET, INC., ET AL. under Section 85 of Batas Pambansa Blg. 881, it shall be unlawful: . . . .

G.R. No. 42735 January 22, 1990 - RAMON L. ABAD "(b) for any newspaper, radio, broadcasting or television station, or other mass media, or any person
v. COURT OF APPEALS, ET AL. making use of the mass media to sell or to give free of charge print space or air time for campaign or
other political purposes except to the Commission as provided under Sections 90 and 92 of Batas
G.R. No. 43830 January 22, 1990 - LILY SAN Pambansa Blg. 881. Any mass media columnist, commentator, announcer, or personality who is a
BUENAVENTURA, ET AL. v. COURT OF APPEALS, ET candidate for any elective office shall take a leave of absence from his work as such during the campaign
AL. period." (Emphasis ours)

G.R. No. 46238 January 22, 1990 - LAUREANA


However, it is clear from Art. IX-C of the 1987 Constitution that what was granted to the Comelec was the
TAMBOT, ET AL. v. COURT OF APPEALS, ET AL.
power to supervise and regulate the use and enjoyment of franchises, permits or other grants issued for
G.R. No. 47663 January 22, 1990 - BELSTAR the operation of transportation or other public utilities, media of communication or information to the end
TRANSPORTATION, INC. v. BOARD OF TRANS., ET AL. that equal opportunity, time and space, and the right to reply, including reasonable, equal rates therefor,
for public information campaigns and forums among candidates are ensured. The evil sought to be
G.R. No. 54908 January 22, 1990 - COMMISSIONER prevented by this provision is the possibility that a franchise holder may favor or give any undue
OF INTERNAL REVENUE v. MITSUBISHI METAL CORP., advantage to a candidate in terms of advertising space or radio or television time. This is also the reason
ET AL. why a "columnist, commentator, announcer or personality, who is a candidate for any elective office is
required to take a leave of absence from his work during the campaign period (2nd par. Section 11(b)
G.R. No. 62805 January 22, 990 R.A. 6646). It cannot be gainsaid that a columnist or commentator who is also a candidate would be more
exposed to the voters to the prejudice of other candidates unless required to take a leave of absence.
PEOPLE OF THE PHIL. v. JAIME BUENAFLOR
However, neither Article IX-C of the Constitution nor Section 11(b), 2nd par. of R.A. 6646 can be
G.R. No. 68520 January 22, 1990 - PEOPLE OF THE
construed to mean that the Comelec has also been granted the right to supervise and regulate the
PHIL. v. VIRGILIO PASCO, ET AL.
exercise by media practitioners themselves of their right to expression during plebiscite periods. Media
practitioners exercising their freedom of expression during plebiscite periods are neither the franchise
G.R. No. 68935 January 22, 1990 - JOSE PENEYRA,
ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL. holders nor the candidates. In fact, there are no candidates involved in a plebiscite. Therefore, Section 19
of Comelec Resolution No. 2167 has no statutory basis.
G.R. No. 72138 January 22, 1990 - FELICIDAD M.
ALVENDIA, ET AL. v. INTERMEDIATE APPELLATE In the case of Badoy, Jr. v. Comelec, L-32546, Oct. 16, 1970, where the constitutionality of the prohibition
COURT, ET AL. of certain forms of election propaganda was assailed, We ruled therein that the prohibition is a valid
exercise of the police power of the state "to prevent the perversion and prostitution of the electoral
G.R. Nos. 72654-61 January 22, 1990 - ALIPIO R. apparatus and of the denial of equal protection of the laws." The evil sought to be prevented in an election
RUGA, ET AL. v. NATIONAL LABOR RELATIONS which led to Our ruling in that case does not obtain in a plebiscite. In a plebiscite, votes are taken in an
COMM., ET AL. area on some special political matter unlike in an election where votes are cast in favor of specific persons
for some office. In other words, the electorate is asked to vote for or against issues, not candidates in a
G.R. Nos. 74062-63 January 22, 1990 - PEOPLE OF plebiscite.
THE PHIL. v. JOEL TRIPOLI
chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

Anent respondent Comelec’s argument that Section 19 of Comelec Resolution 2167 does not absolutely
G.R. No. 76422 January 22, 1990 - UNITED
bar petitioner-columnist from expressing his views and or from campaigning for or against the organic act
HOUSING CORP. v. ABELARDO M. DAYRIT, ET AL.
because he may do so through the Comelec space and/or Comelec radio/television time, the same is not
G.R. No. 76788 January 22, 1990 - JUANITA SALAS meritorious. While the limitation does not absolutely bar petitioner’s freedom of expression, it is still a
v. COURT OF APPEALS, ET AL. restriction on his choice of the forum where he may express his view. No reason was advanced by
respondent to justify such abridgement. We hold that this form of regulation is tantamount to a restriction
G.R. No. 77853 January 22, 1990 - MARINA PORT of petitioner’s freedom of expression for no justifiable reason.
SERVICES, INC. v. CRESENCIO R. INIEGO, ET AL.
Plebiscite issues are matters of public concern and importance. The people’s right to be informed and to
G.R. No. 78212 January 22, 1990 - T.H. be able to freely and intelligently make a decision would be better served by access to an unabridged
VALDERAMA & SONS, INC., ET AL. v. FRANKLIN discussion of the issues, including the forum. The people affected by the issues presented in a plebiscite
DRILON, ET AL. should not be unduly burdened by restrictions on the forum where the right to expression may be
exercised. Comelec spaces and Comelec radio time may provide a forum for expression but they do not
G.R. No. 78265 January 22, 1990 - ESTANISLAO
guarantee full dissemination of information to the public concerned because they are limited to either
CARBUNGCO, ET AL. v. COURT OF APPEALS, ET AL.
specific portions in newspapers or to specific radio or television times.
G.R. No. 80102 January 22, 1990 - PEOPLE OF THE
PHIL. v. JOVENCIO LUCAS ACCORDINGLY, the instant petition is GRANTED. Section 19 of Comelec Resolution No. 2167 is declared
null and void and unconstitutional. The restraining order herein issued is hereby made permanent. chanrobles.com.ph : virtual law library

G.R. No. 82146 January 22, 1990 - EULOGIO


OCCENA v. PEDRO M. ICAMINA, ET AL. SO ORDERED.

G.R. Nos. 84843-44 January 22, 1990 - Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, Padilla, Bidin,
NURHUSSEIN A. UTUTALUM v. COMMISSION ON Sarmiento, Cortes, Griño-Aquino and Regalado, JJ., concur.
ELECTIONS, ET AL.

G.R. No. 85251 January 22, 1990 - PEOPLE OF THE


PHIL. v. FELICISIMO ARENGO, ET AL.

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