Phil. Press Institute vs.
COMELEC
244 SCRA 272
Fundamental Powers of the State
FACTS:
promulgated
Resolution no. 2772 directing newspapers to
provide free Comelec space of not less than one-
half page for the common use of political parties
and candidates. The Comelec space shall be
allocated by the Commission, free of charge,
among all candidates to enable them to make
known their qualifications, their stand on public
issue and their platforms of government. The
Comelec space shall also be used by the
Commission for dissemination of vital election
information.
Petitioner Philippine Press Institute, Inc.
(PPI), a non-profit organization of newspaper
and magazine publishers, asks the Supreme
Court to declare Comelec Resolution 2772
unconstitutional and void on gthe ground that it
violates the prohibition imposed by the
Constitution upon the government against the
taking of private property for public use without
just compensation. On behalf of the res[ondent
Comelec, the Solicitor General claimed that the
Resolution is permissible exercise of the power
of supervision (police power) of the Comelec
over the information operations of print media
enterprises during the election period to
safeguard and ensure a fair, impartial and
credible election.
ISSUE:
Wheteher or not Comemlec Resolution
No. 2772 is unconstitutional.
Respondent Comelec
HELD:
The Supreme Court declared the
Resolution as unconstitutional. It held that to
compel print media companies to donate
“Comelec space” amounts to “taking” of private
personal property without payment of the just
compensation required in expropriation cases.
Moreover, the element for the taking has not
been established by respondent Comelec,
considering that the newspapers are not
unwilling to sell advertising space. The taking of
private property for public use is authorized by
the constitution, but not without payment of just
compensation. Also Resolution No. 2772 does
not constitute a valid exercise of the police
power of the state. In such case at bench, there is
no showing of exixtence of national emergency
to take private property of newspapers or
magazine publishers.
Note:
Violation of art. III, sec. 9 of the Phil.
Constitution:
“Sec.9. Private property shall not be
taken for public use without just compensation.”