SANIDAD vs. COMELEC, G.R. 90878, January 29, 1990

_{SANIDAD vs. COMELEC, G.R. 90878, January 29, 1990}

Nature: 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.

Keywords: Freedom of expression and of the press

Summary: Section 19 of COMELEC Resolution 2167 prohibits columnist, commentators, and announcers to use their column, radio, television time to campaign for or against plebiscite issues on the day before and during the day of plebiscite. A columnist named Pablito Sanidad filed a petition for prohibition and temporary restraining order or a writ of preliminary injuction against COMELEC claiming that the said provision violates his constitutional freedom of expression and of the press.

MEDIALDEA, J.

Facts:

- On October 23, 1989, RA 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 Provinces of Benguet, Abra, Mt. Province, Ifugao and Kalinga-Apayao, all comprising the autonomous region shall take part in a plebiscite originally scheduled for December 27, 1989 but was reset to January 30, 1990 specifically for the ratification or rejection of the said act;

- By virtue of the 1987 Constitution and the Omnibus Election Code (BP 881), the Comelec issued Comelec Resolution No. 2167, Section 19 of which provides:

“Section 19. Prohibition on columnist, 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.”

- On November 20, 1989, petitioner PABLITO V. SANIDAD who is a columnist (“OVERVIEW”) for the Baguio Midland Courier, a weekly newspaper circulated in the City of Baguio and the Cordilleras, filed a petition for Prohibition with prayer for the issuance of a temporary restraining order or a writ of preliminary injunction against the Comelec to enjoin the latter from enforcing Section 19 of resolution No. 2167. Petitioner claims that the said provision is violative of his constitutional freedom of expression and of the press and it also constitutes a prior restraint because it imposes subsequent punishment for those who violate the same;

- On November 28, 1989, the Supreme Court issued a temporary restraining order enjoining the respondent from enforcing Section 19 of Resolution No. 2167;

- On January 9, 1990, Comelec through the Solicitor General filed its Comment and moved for the dismissal of the petition on the ground that Section 19 of Resolution No. 2167 does not absolutely bar the petitioner from expressing his views because under Section 90 and 92 of BP 881, he may still express his views or campaign for or against the act through the Comelec space and airtime.

Issue: Whether or not Section 19 of resolution No. 2167 is violative of the constitutional freedom of expression and of the press

Held: YES. What is granted by Art. IX-C of the Constitution to the Comelec is the power to supervise and regulate the use and enjoyment of franchises, permits or other grants issued for the operation of transportation or other public utilities to the end 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 insured. The evil sought to be prevented by this provision is the possibility that a franchise holder may favor or give undue advantage to a candidate in terms of advertising time and space. This is also the reason why a columnist, commentator or announcer is required to take a leave of absence from his work during the campaign period if he is a candidate.

HOWEVER, NEITHER ARTICLE IX-C OF THE CONSTITUTION NOR SECTION 11(B), 2ND PAR. OF RA 6646 CAN BE CONSTRUED TO MEAN THAT THE COMELEC HAS ALSO BEEN GRANTED THE RIGHT TO SUPERVISE AND REGULATE THE EXERCISE BY MEDIA PRACTITIONERS THEMSELVES OF THEIR RIGHT TO  EXPRESSION DURING THE PLEBISCITE PERIODS. Media practitioners exercising their freedom of expression during the plebiscite periods are neither the franchise holders nor the candidates. In fact, there are no candidates in a plebiscite.

While it is true that the petitioner is not absolutely barred from campaigning for or against the Organic Act, said fact does not cure the constitutional infirmity of Section 19, Comelec Resolution No. 2167. This is so because IT IS STILL A RESTRICTION ON HIS CHOICE OF THE FORUM WHERE HE MAY EXPRESS HIS VIEW.

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.

Ruling: 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.